The Trump administration plans to
immediately turn back all asylum seekers and other foreigners trying to
cross the southwestern border illegally, saying they cannot risk
allowing the coronavirus to spread through detention facilities and
among Border Patrol agents, four administration officials said on
Tuesday.
The officials said the ports of entry
would remain open to American citizens, green card holders and some
foreigners with proper documentation. Some foreigners would be blocked,
including Europeans currently subject to earlier travel restrictions
enacted by the administration. The entryways will also be open to
commercial traffic.
But under the new rule, set to be
announced in the next 48 hours, Border Patrol agents would immediately
return to Mexico anyone who tries to cross the southern border between
the legal ports of entry. Under the policy, asylum seekers would not be
held for any length of time in an American facility nor would they be
given due process. Once caught, they would be driven to the nearest port
of entry and returned to Mexico without further detention.
Although they advised that details of the
policy could change before the announcement, administration officials
said the effort was critical to avert an outbreak of the coronavirus
inside detention facilities along the border.
Such an outbreak could spread quickly
through the immigrant population and could infect large numbers of
Border Patrol agents, leaving the defenses at the southwestern border
weakened, the officials argued. Administration officials say many of the
migrants who cross the border are already sick or lack sufficient
documents detailing their medical history.
Confirmed cases of the virus in Mexico stand at 82, compared with around 5,600 in the United States and more than 470 in Canada.
But President Trump has suggested
multiple times that he could close the border, hoping to crack down on
illegal immigration and pressure Mexico to do more to curb the northward
flow of migrants.
Long before the coronavirus outbreak, he
admonished his top advisers at the Department of Homeland Security about
stopping illegal immigration by saying he wanted to “shut it down.”
Last spring, as the number of migrants crossing from Central America
surged, the president repeatedly threatened to close the border, offering a top official a pardon for the task.
“This is our new statement: The system is full,” the president said last April.
At the time, top aides to the president
convinced him that it was not legal to simply turn away all migrants
seeking to enter the country. International treaties and American law
require asylum seekers to have an opportunity to present their case,
although a related policy now allows the administration to make some
wait on the Mexican side of the border for their asylum hearings.
But officials insisted on Tuesday that
the new policy was not meant to achieve the president’s immigration
goals. They said it was driven by the president’s health advisers and
would be in effect only as long as the coronavirus remains a threat to
the United States.
It is not clear whether the new policy
applies to the northern border with Canada, which has already closed its
borders to most foreigners — but not Americans — in an attempt to keep
the virus at bay. Officials said Mr. Trump would soon take separate
action to further insulate the United States from the possibility of the
virus spreading from Canada.
In the next 24 hours, one official said,
the United States and Canada plan to issue a joint statement saying that
they are suspending nonessential travel between the two countries. That
would allow trade to continue, but would restrict flights and border
crossings for things like vacations.
Migrants who crossed the border last year
were detained for days, weeks or even months. But as the number of such
crossings reached its highest point in more than a decade last spring,
the crowded and cramped conditions drew widespread condemnation amid
photographs of children living in dirty conditions with no soap or
toothpaste.
The officials also expressed concern
about the health risk of sending migrant children to facilities around
the country that are run by the Department of Health and Human Services.
At the same time, officials said that
they did not want to return to a policy of letting migrants remain free
in the United States while they awaited hearings in the immigration
courts, a policy Mr. Trump has derided as “catch and release.” Doing so
could allow migrants with the coronavirus to add to the burden on
American hospitals, officials said.
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