A judge forced President Joe Biden in December to reinstate a Trump-era policy that forces asylum seekers to wait in Mexico for hearings in U.S. immigration court. That policy will be argued before the U.S. Supreme Court this week.
Úbeda, like many migrants at a Tijuana shelter, had never heard of the policy, officially called “Migrant Protection Protocols.” It was widely known under President Donald Trump, who enrolled about 70,000 migrants after launching it in 2019 and making it a centerpiece of efforts to deter asylum-seekers.
Cardenas hoped to live near his brother, a Catholic priest in New Jersey, while seeking asylum but waits at the Tijuana shelter for his first hearing in San Diego on May 18. He is disheartened to see others at the shelter on their third or fourth hearing. Carlos Humberto Castellano, who repaired cellphones in Colombia and wants to join family in New York, cried for two days after being returned to Tijuana to wait for a court date in San Diego. It cost him about $6,500 to fly to Mexico and pay a smuggler to cross the border, leaving him in debt, he said.
The two sides also disagree about whether the way the administration ended the policy complies with a federal law that compels agencies to follow certain rules and explain their actions., lifting pandemic-related authority to expel migrants without a chance to seek asylum on May 23. The decision to end Title 42 authority, named for a 1944 public health law, is being legally challenged by 22 states and faces growing division within Biden’s Democratic Party.
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