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:
Migrant Protection Protocol
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.
Responding to New Challenges for LGBTQ Asylum Seekers
By Erin Meyer & Adam Snyder on
It is either a crime or fundamentally unsafe to be LGBTQ in more than 80 countries around the world. For the LGBTQ individuals forced to flee such conditions, seeking asylum in the United States is an opportunity to lead authentic lives safe from emotional harm and physical violence.
However, due to recent legal and policy developments, LGBTQ asylum seekers are facing new challenges as they struggle to navigate the U.S. immigration system. During a recent panel presentation at Proskauer’s New York office, Immigration Equality—the nation’s leading LGBTQ immigrant rights organization—teamed up with Bloomberg LP and Proskauer to educate pro bono lawyers about these developments and enable them to represent LGBTQ asylum seekers.
Immigration Equality’s Executive Director, Aaron Morris, began the program by describing the harmful effects expected to result from the “Presidential Memorandum on Additional Measures to Enhance Border Security and Restore Integrity to Our Immigration System” issued on April 29, 2019. This memorandum orders the Attorney General and the Department of Homeland Security to impose a filing fee for asylum applications and initial employment authorization applications filed by asylum seekers. At present, there is no fee for these applications. The memorandum also directs that asylum applicants who “entered or attempted to enter the United States unlawfully” should be barred from receiving employment authorization while their asylum applications remain pending. These policy changes, if implemented, will cause significant hardship for LGBTQ immigrants fleeing persecution, many of whom are unable to afford filing fees and will struggle to support themselves in the U.S. if they are not permitted to work lawfully here.