Thursday, February 1, 2024

One Big Reason Migrants Are Coming in Droves: They Believe They Can Stay

For decades, single young men, mainly from Mexico and later Central America, did their best to sneak past U.S. border agents to reach Los Angeles, Atlanta and other places hungry for their labor.

Today, people from around the globe are streaming across the southern border, most of them just as eager to work. But rather than trying to elude U.S. authorities, the overwhelming majority of migrants seek out border agents, sometimes waiting hours or days in makeshift encampments, to surrender.

Being hustled into a U.S. Border Patrol vehicle and taken to a processing facility is hardly a setback. In fact, it is a crucial step toward being able to apply for asylum — now the surest way for migrants to stay in the United States, even if few will ultimately win their cases.

We are living in an era of mass migration — fueled by conflict, climate change, poverty and political repression and encouraged by the proliferation of TikTok and YouTube videos chronicling migrants’ journeys to the United States. Some six million Venezuelans have fled their troubled country, the largest population displacement in Latin America’s modern history. Migrants from Africa, Asia and South America are mortgaging their family land, selling their cars or borrowing money from loan sharks to embark on long, often treacherous journeys to reach the United States.

In December alone, more than 300,000 people crossed the southern border, a record number.

It is not just because they believe they will be able to make it across the 2,000 mile southern frontier. They are also certain that once they make it to the United States they will be able to stay.

Forever.

And by and large, they are not wrong.

The United States is trying to run an immigration system with a fraction of the judges, asylum officers, interpreters and other personnel that it needs to handle the hundreds of thousands of migrants crossing the border and flocking to cities around the country each year. That dysfunction has made it impossible for the nation to expeditiously decide who can remain in the country and who should be sent back to their homeland.

“I don’t know anyone who has been deported,” Carolina Ortiz, a migrant from Colombia, said in an interview in late December at an encampment outside Jacumba Hot Springs, about 60 miles southeast of San Diego and a stone’s throw from the hulking rust-colored barrier that separates the United States from Mexico.

For most migrants, the United States still represents the land of opportunity. Many come seeking work, and they are going to do whatever it takes to work, even if that means filing a weak asylum claim, several lawyers said.

To qualify for asylum, applicants must convince a judge that returning to their home country would result in harm or death on the basis of their race, religion, nationality, political opinion or membership in a particular social group.

Ms. Ortiz, 40, said she intended to apply for asylum based on violence in Colombia. Her chances of winning are slim, because violence alone typically does not meet the standard for persecution. Even so, she will be shielded from deportation while her claim is pending and will qualify for a work permit.

Underfunded immigration courts that adjudicate claims are strained by the swelling caseload, so applications languish for years, and all the while, migrants are building lives in the United States.

Ms. Ortiz, a nurse, said she had borrowed “millions,” in Colombian pesos (several thousand dollars) to pay the smugglers who brought her to the doorstep of the United States, a gap in the wall championed by former President Donald J. Trump. She waited two days in the cold, desert winds lashing her tent, for agents to come and take her.

When agents showed up, they transported Ms. Ortiz to a facility where she was given paperwork that said she had entered the country illegally, had been placed in deportation proceedings and must appear before an immigration judge.

The court date was Feb. 19, 2026.

She was then released. In Ms. Ortiz’s mind, everything was going according to plan. “I wanted to do everything the right way,” she said, after arriving in Colorado a few days later. She had been assigned an “alien” number used to track immigration cases.

Most asylum claims are ultimately rejected. But even when that happens, years down the road, applicants are highly unlikely to be deported. With millions of people unlawfully in the country, U.S. deportation officers prioritize arresting and expelling people who have committed serious crimes and pose a threat to public safety.

by Miriam Jordan, NY Times | Read more:
Image: Erin Schaff for The New York Times