2-1/2 MILLION PEOPLE IN 2023. THE CRUSH OF PEOPLE CROSSING THE
BORDER IS DESCRIBED AS A HUMANITARIAN CRISIS.
MEANWHILE, THREE MILLION PENDING ASYLUM CASE BEFORE U.S.
IMMIGRATION COURTS MEANS MIGRANTS GAINING ENTRY AT THE
BORDER WAIT YEARS FOR THEIR HEARINGS, ALL THE WHILE LIVING
AND, AFTER A TIME, LEGALLY WORKING IN THE U.S..
ERIN BARBATO IS THE DIRECTOR OF THE IMMIGRANT JUSTICE CLINIC AT
THE UNIVERSITY OF WISCONSIN LAW SCHOOL.
AND SHE JOINS US NOW. THANKS A LOT FOR BEING HERE.
>> Interview: THANK YOU FOR IN TIJUANA.
>> Interview: YES, IN THE END OF DECEMBER TO TAKE A CLOSE LOOK
AT WHAT IS ACTUALLY HAPPENING ON THE BORDER AND THE POLICIES THAT
ARE IN PLACE THERE RIGHT NOW THROUGH THE DEPARTMENT OF
HOMELAND SECURITY AND LOOKING AT HOW PEOPLE CAN ACCESS OUR ASYLUM
SYSTEM AND THE NEW POLICIES THAT ARE IN PLACE.
>> WHAT DID YOU SEE AT THE BORDER?
>> SO WE VISIT A NUMBER OF SHELTERS THAT WERE HOUSING
PEOPLE WHO ARE IN TRANSIT ATTEMPTING TO SEEK REFUGE IN THE
U.S.. AND IN ORDER TO DO SO RIGHT NOW,
THEY NEED TO APPLY FOR AN APPOINTMENT WITH AN APP.
AND MANY OF THE PEOPLE WE MET WITH HAVE BEEN WAITING FOR
MONTHS IN ORDER TO ACCESS THAT APPOINTMENT, BUT OUR GOVERNMENT
IS ENCOURAGING PEOPLE TO GO THROUGH A REGULAR ROUTE TO ENTER
THE U.S. TO SEEK PROTECTION, BUT IT IS CAUSING A LOT OF PEOPLE TO
WAIT VERY LONG IN MEXICO BEFORE THEY CAN EVEN ACCESS OUR ASYLUM
SYSTEM. PEOPLE WANTING TO GAIN ENTRY
INTO THE U.S.? >> I MEAN, THAT'S A GOOD
QUESTION. LIVE IN A GREAT COUNTRY AND
PEOPLE ARE SUFFERING ALL OVER THE WORLD AND SO IF WE WERE
LIVING IN A COUNTRY WHERE NO ONE WANTED TO COME, THAT WOULD
PROBABLY BE AN ISSUE, BUT WE'RE LIVING IN A COUNTRY WHERE WE DO
HAVE OPPORTUNITY FOR PEOPLE. AND PEOPLES' LICE ARE LIVES ARER
IN OTHER COUNTRIES. >> WHAT POLICIES HAVE CHANGED
ALLOWING THIS MORE RECENT CRUSH? >> I'M NOT SURE IF THE POLICIES
HAVE CHANGED. IT'S DIFFICULT IN THE PAST FEW
YEARS COMPARE NUMBER CONSIDERING THAT THE BORDER WAS CLOSED UNDER
TITLE 42 FOR SO LONG AND NOW THAT THE BORDER IS -- IT'S NOT
OPEN, BUT IT'S FUNCTIONING UNDER WHAT'S CALLED TITLE 8, WHICH IS
A LAW THAT GOM GOVERNS OUR ASYLM PROCESS ALLOWING PEOPLE TO SEEK
ASYLUM WHICH THEY CAN'T DO UNLESS THEY HAVE A CV APP 1
APPOINTMENT. ONE OTHER CHANGE THAT
POTENTIALLY HAS SOME VALIDITY IN HELPING PEOPLE ACCESS THE ASYLUM
SYSTEM IN A MORE REGULAR MANNER IS THE OPENING OF THESE MOBILE
OFFICES IN COLOMBIA, GUATEMALA AND COSTA RICA, AND WILL ALLOW
PEOPLE WITH STRONG CASES TO APPLY FOR REFUGEE EFSTATHIOS
THERE AND THEN FLY TO THE U.S. AND SO IT COULD TAKE SOME
PRESSURE OFF THE BORDER AS WELL AS OUR ASYLUM SYSTEM.
>> MEANWHILE, THERE'S SO MUCH DISCUSSION AROU AROUND THE AND E
NUMBERS OF PEOPLE CROSSING INTO THE UNITED STATES.
WHAT HAPPENS THROUGH SOME EXECUTIVE OR LEGISLATIVE ACTION
THE BORDERS CLOSE? IS THAT EVEN POSSIBLE?
>> IT SEEMS THAT IT IS POSSIBLY, POTENTIALLY WHETHER OUR
PRESIDENT HAS THE ABILITY UNDER THE LAWS TO CLOSE THE BORDER I
THINK IS A QUESTION THAT WILL BE LITIGATED IN COURT.
OUR LAWS SAY THAT PEOPLE HAVE THE RIGHT TO SEEK ASYLUM IN THE
U.S. AS WELL AS THE BORDER IF THEY HAVE AN EMPLOYMENT VISA OR
EVEN A VISITOR VISA TO VISIT A FAMILY.
CONSEQUENCES ON SEPARATING FAMILIES AND ALSO PUTTING MORE
PEOPLE IN DANGER, BUT THAT MAY HAPPEN.
>> SHORT OF CLOSING THE BORDER, DOES IT SEEM LIKELY THAT HIGHLY
RESTRICTIVE LAWS WILL BE PUT IN PLACE AT THIS TIME?
>> I KNOW THAT THEY'VE BEEN DISCUSSED.
WORKED BEFORE. MORE DETERRENTS, MORE
ENFORCEMENT DOESN'T SEEM TO DETER PEOPLE TO NECESSARILY COME
FROM THE U.S. AND I THINK THERE MIGHT BE A BETTER WAY TO LOOK AT
A MORE HUMANITARIAN SOLUTION. >> WHY DO PEOPLE WAIT SO LONG TO
HAVE THEIR CASES HEARD? >> THE BACKLOG WITHIN OUR
ADMINISTRATIVE LAW SYSTEM IN THE IMMIGRATION COURTS IS -- IT'S
VERY LONG. AND SO PEOPLE, EVEN WITH THE
STRONGEST ASYLUM CASES, ARE WAITING YEARS IN ORDER TO ACCESS
THE BENEFITS THAT THEY ARE ENTITLED TO UNDER OUR LAWS, AND
SO IT MAKES THE SYSTEM VERY DIFFICULT TO MANAGE.
PEOPLE MAY MISS THEIR COURT HEARINGS BECAUSE THE COURT
HEARINGS GET CHANGED ALL OF THE TIME AND PEOPLE DON'T HAVE AN
ATTORNEY WHEN THEY'RE IN THE PROCESS UNLESS THEY CAN AFFORD
ONE OR FIND A PRO BONO ONE. IT'S A VERY DIFFICULT SYSTEM TO
NAVIGATE AND IT'S NOT GOING QUIBBLE FOR PEOPLE WHO ARE
ELIGIBLE QUICKLY FOR PEOPLE WHO ARE ELIGIBLE.
>> ONCE THEY GET TO THAT HEARING, HOW LIKELY IS IT THAT
PEOPLE SEEKING ASYLUM WILL BE GRANTED IT?
>> YOU KNOW, THE PERCENTAGES DIFFER WHERE YOU'RE IN THE U.S..
THE NUMBERS -- THE JUDGES' PERCENTAGES OF APPROVAL ARE
AVAILABLE ACROSS THE COUNTRY. SO IT'S HARD TO SAY EXACTLY, BUT
IT'S DIFFICULT. IT'S NOT -- THE PERCENTAGE IS
NOT HIGH FOR THE PEOPLE THAT RECEIVE ASYLUM.
IF YOU'RE REPRESENTED BY AN ATTORNEY, YOU'RE MORE LIKELY TO
GET ASYLUM BECAUSE THEY KNOW WHAT THE LAW IS, WHAT THE JUDGE
IS LOOKING FOR BASED ON YOUR STORY, BUT IT'S A VERY
COMPLICATED, DIFFICULT PROCESS AND PEOPLE DO NOT JUST -- AREN'T
JUST GIVEN PAPERS. IT TAKES YEARS.
IT TAKES MONTHS TO PREPARE. IT'S A VERY DIFFICULT PROCESS.
>> MEANWHILE, PEOPLE WHO ARE AWAITING THAT HEARING, THEY CAN
GET AUTHORIZATION TO WORK LEGALLY?
>> YES. NORMALLY, DEPENDING ON WHAT
PROCESS THEY'RE GOING THROUGH, BUT YOU HAVE TO WAIT A NUMBER OF
MONTHS, NORMALLY SIX MONTHS TO A YEAR, TO OBTAIN A WORK PERMIT TO
WORK IN THE U.S.. ONCE YOU'RE HERE, YOU'RE HERE
WITH AUTHORIZATION. YOU CAN WORK, YOU CAN GET A
DRIVER'S LICENSE, YOU CAN GET A SOCIAL SECURITY NUMBER, BUT
YOU'RE NOT HERE PERMANENTLY. YOU CAN'T LEAVE THE U.S..
YOU DON'T HAVE ACCESS TO PUBLIC BENEFITS.
MAYBE IT'S FOR YEARS WAITING TO ACCESS THE ASYLUM SYSTEM, BUT
THE WORK PERMIT DOES ALLOW PEOPLE TO PARTICIPATE IN SOCIETY
AND SUPPORT THEMSELVES. >> ALL RIGHT.
WE NEED TO LEAVE IT THERE. WE NEED TO LEAVE IT THERE.