The report offers a rare window into the behind-the-scenes dysfunction and confusion surrounding the so-called Remain in Mexico program that’s set to come back.
Immigrants rest under the shade of a tree in Ciudad Acuña, Mexico, across the Rio Grande from Del Rio, Texas.
From 2019 to 2021, the government forced tens of thousands of asylum-seekers to stay in Mexico as they waited for their day in a US court. The immigrants were often left with nowhere to go but squalid camps in Mexican border towns, and human rights advocates reported cases of immigrants being kidnapped, raped, and tortured while waiting there.
The report, written by officials from the DHS Civil Rights and Civil Liberties Office, documents a dozen findings during the course of a 2019 investigation of the policy and analyzes whether agency officials followed “guiding principles” issued in January 2019 that described who could and could not be placed into MPP. The CRCL investigators pored over emails and documents from the various agencies involved, including US Citizenship and Immigration Services and Customs and Border Protection.
“With regard to the application of that amenability guideline, it is unclear to CRCL how circumstances such as cognitive disability, glaucoma, epilepsy, cervical metaplasia, uterine cancer, heart conditions, ‘crippled’ legs, chicken pox, AIDS, and diabetes, do not qualify as ‘known physical/mental health issues,’ yet CBP emails and records confirm that individuals with these conditions, known to CBP, have been returned to Mexico under MPP,” the report states.
In an email referring a family to asylum officers for an assessment on their fears of remaining in Mexico, CBP officials told USCIS staff about a 4-year-old child in MPP who had been found to have chicken pox and his young sister who had been sexually assaulted. Elsewhere, an asylum officer told border officials that a woman with uterine cancer who had been separated from her husband had been placed into MPP.
It’s unclear how medical conditions and disabilities would be handled under a new version of MPP, but a court filing this month indicated that Mexican officials had wanted improvements to the program. Blas Nuñez-Neto, a senior DHS official appointed by President Biden, said Mexican officials had told the administration that they had concerns about “particularly vulnerable” individuals being turned back to Mexico.
“In emails provided to CRCL by CBP, CBP personnel state that it is USBP procedure to separate one parent from the rest of the family and only maintain family unity for the other parent and children,” the report states.
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