Proskauer, with co-counsel Public Counsel and Squire Patton Boggs, has filed a complaint in Arizona Federal Court on behalf of a mother and daughter from Guatemala who were forcibly separated after crossing the U.S.-Mexico border under the Trump Administration’s family separation policy. The lawsuit comes after negotiations with the Biden
Mexico
Taking Action for Families Separated at the Border
By William C. Silverman on
An anxious mother, detained in a separate facility from her son, is informed that authorities had lost track of him. A devastated father is deported without his child. A crying child is ripped from his father’s arms and put into a cage-like metal cell. These Proskauer clients – all escaping violence in Central America – suffered those horrors not in their home countries but in the country where they sought asylum, in the United States.
Beginning in 2017 as a pilot project, the U.S. government began splitting thousands of families in an effort to deter immigration across the southern border. The practice became official in 2018 through the government’s “zero tolerance” policy which called for the detention and prosecution of all individuals – including those seeking asylum – who crossed the border anywhere other than an official port of entry.
While national outrage prompted an official end to the policy, the government did not stop, and to this day continues to separate families. In total, over 5,500 children have been separated from their parents since 2017, at least 1,100 of whom were separated after the policy officially ended. Tragically, the parents of 666 separated children still have not been found.
Pro Bono for Immigrant Families: Shutting off Asylum at the Southern Border
By William C. Silverman on
When I volunteered in Mexico last spring with two Proskauer colleagues alongside the Institute for Women in Migration (IMUMI), I witnessed a growing humanitarian crisis. The U.S. “Remain in Mexico” Policy – officially called the Migrant Protection Protocols (MPP) – requires asylum seekers at the southern border to wait in Mexico for the duration of their U.S. immigration proceedings, a requirement that puts thousands of people in danger. A report issued last week by Human Rights First confirms the danger by detailing current conditions faced by the more than 60,000 migrants now waiting in Mexico. In particular, the report finds:
Pro Bono for Immigrant Families: The Journey North
Off a side street in a small town in central Mexico, the shelter entrance was hard to find until we noticed a young family sitting under a tree near a gate with a worn sign welcoming “migrant brothers and sisters.” We walked through the gate into a dusty courtyard surrounded by makeshift structures in the shadow of a church, where we were greeted warmly by the shelter’s director. He explained they were currently accommodating approximately 30 migrants from Central America, and that we had just missed 120 others who left to catch the train going north. The shelter, with a staff of five and several volunteers in and out during the day, has served over 3,000 people so far this year. This is a substantial increase over last year, and most notably, they are serving an increasing number of families.
We spent last week in Mexico providing asylum presentations and individual consultations in partnership with the Institute for Women in Migration, IMUMI. The biggest takeaway from our experience was the prevalence of violence. Everyone described stories of domestic violence or gang violence (or both) in their home countries of Honduras, El Salvador, and Guatemala, and the lack of any protection from government authorities. Everyone also described the great danger they faced along their journey through Mexico, detailing robberies, assaults and even an attempted kidnapping.
Pro Bono for Immigrant Families: Seeking Asylum in the U.S. from Mexico
By William C. Silverman on
Since my trip to the U.S./Mexico border last summer, the situation for families seeking asylum has only become more challenging, especially in light of the Administration’s new “Remain in Mexico” policy. This week, I am in Mexico along with Proskauer colleagues, Valarie McPherson, special immigration counsel, and Savannah Sosa, a project assistant. We are providing asylum presentations and individual consultations in partnership with Institute for Women in Migration, IMUMI (www.imumi.org).
The new policy raises a number of questions, but first some background.
The Remain in Mexico Policy
On December 20, 2018, the Administration announced that it would begin implementing a “Remain in Mexico” policy – officially dubbed the Migrant Protection Protocols (MPP) – which requires asylum-seekers from Central America at the southern border to wait in Mexico for the duration of their U.S. immigration proceedings. This marks a fundamental shift in asylum policy because, until now, asylum-seekers who lack valid entry documentation generally have been placed in expedited removal proceedings. Applicants who passed a credible fear interview were then allowed to remain in the U.S., pending immigration court proceedings.