"Remain in Mexico" Policy & Detention of Asylum Seekers at US Border

Ella Carver, Molly Holcomb, Elise Kim, Grace Anne McMillin, Kit TurnerImage Source: ABC

What is "Remain in Mexico?"

The Migrant Protection Protocols (“MPP”), more commonly referred to as the “Remain in Mexico” policy was first instated by the Department of Homeland Security in 2019 to manage the overwhelming increase of individuals seeking asylum in the United States from Central American countries, largely individuals seeking admission without proper or legal documentation. “Remain in Mexico” made it necessary that these immigrants, after entering the United States, return to Mexico and wait at the border for the duration of their immigration proceedings. Since 2017, there has been a shift in the demographics of undocumented immigrants coming into the United States, including more towards family units and unaccompanied minors from the Northern Triangle. These groups of people flee their oppressive situations at home only to have to stay in Mexico awaiting a court date in an area with rampant sexual assault, kidnappings, and sanitary hazards, all of which are more prone to affect women and other minorities. Furthermore, the variety of complex cultures and family groups necessitates an investigation into how policy can be more equitably and humanely administered while considering the gender and culture of those seeking immigration into the United States. With legal exceptions within the policy for individuals meeting differing criteria, such as unaccompanied children, a gender analysis allows for understanding the impacts “Remain in Mexico” has on family units and the individual members.

Image Source: American Immigration Council

Women

Women suffer from unique medical issues as a result of the poor conditions of the detention camps. Their health needs are not being met, and countless women are suffering as they wait for their immigration proceedings. Detainment has led to stillbirths and miscarriages because of women’s restricted access to necessary care. They are not provided pre or post-natal care, and women’s menstrual cycles are tracked secretly so that abortions can be prevented. The women are not given access to safe and legal abortions (Hernandez).

These are clear cases of reproductive and mental health injustices because women are being stripped of their maternal and reproductive rights, combined with declining health and mental trauma from mother-child separation. Controlling women’s rights during pregnancy and forcing the separation of minors from their mothers is a gendered abuse of power by the United States. When adequate healthcare can be provided and freedom is given to women over reproduction, opportunities to overcome some of these injustices may open. The loss of agency that these circumstances permit creates lasting mental-health issues for these women and forces them to live in fear of the safety of their children and themselves.

Image Source: Foreign Policy

Men

Young males experience the border crisis in a much different way because of their gender. Once crossing the border, they struggle with adjustment to life in the United States. The perception of Mexican immigrants in the United States is one of prejudice and this prevents young men from integrating into the school systems. This can leave them emotionally vulnerable and shut out of the academic resources that would benefit them. In schools, these men are not given adequate support or encouragement, and as a result, many fall into gang activities and community violence as an alternative (Lovato-Hermann).

Furthermore, due to the gender norms of Mexican and American societies, men suffer more during the reunification process because of the societal pressures placed on them to work. Finding jobs after crossing the border is difficult to begin with, and the policies currently in place do not make it any easier. Additionally, men often lack the propensity to seek help in times of mental and physical stress, thus the integration process is much more taxing on their physical and mental health (Lovato-Hermann).

Image Source: The Guardian

Children

The experiences of children at the border are the most widely talked about across mainstream news sources. Children have been separated from their parents at alarming rates with 75-85% of migrant children being taken from their parents and placed in the foster system or a different detention center.

Only 800 of those sent back to Mexico were ever even granted asylum in the United States. There are exceptions to the policy in which unaccompanied children and those in expedited removal proceedings are not subject to the ruling of the MPP; however, these special cases lead to the issue of children entering the United States alone, in vulnerable positions to fend for themselves.

Children are by far the most vulnerable group crossing the U.S. - Mexico border. Along with their mothers, they are at risk of kidnappings, sexual assault, and at the discretion of the U.S., separation from their families. As many have seen in new stories, children are placed in caged detention centers which lack the necessary resources to sustain their livelihood. Young girls have begun menstration in these camps and are not given the materials or support they need. These conditions create lasting trauma for these children and even if reconnected with their families, the consequences have already been created.

Image Source: Advocate

LGBTQIA+

LGBTQIA+ migrants experience some of the most outright discrimination and abuse from border patrols and detention centers. Already marginalized, these migrants suffer higher levels of sexual and physical abuse, based around explicit prejudice and hatred. Additionally, detention centers are separated by biological sex and this creates conflicts for transgender and nonbinary individuals with other detainees and officers. These centers lack medical resources for the detainees and this inability to provide adequate healthcare creates additional mental stress.

LGBTQIA+ detainees must cross with a fear of persecution for their sexual and gender identities. Some officers even suspect that these migrants are faking their identities to claim asylum with more ease (Georgetown University). These migrants are often fleeing persecution in their home countries and these additional obstacles add more mental stress and trauma to an already taxing situation.

Image Source: ACLU

Power Structures

Women and Girls in Mexico & The Northern Triangle

Women and girls exist at the bottom of the power hierarchy system which makes them more vulnerable than other immigrants from the start of their immigration journey. Although we've discussed the persecution that women experience at the border, it is important to question what is making women even want to seek U.S. asylum in the first place, despite the deadly journey they know they will face. The increased vulnerability that women and girls experience in their home state is enough to encourage them to migrate; so what is going on in the home state that makes the risks of kidnapping, extortion, and violence the most viable option?

Systemic Violence

Many neighborhoods in Mexico, El Salvador, Honduras, and Guatemala live under the control of criminal armed groups which are hard for their governments to control and result in ongoing gang violence, marginalizing women in these areas. These countries rank globally at the top for highest rates of female homicide yet have lack security and protection from the police and government (UNHCR). Women feel this impact the most as their lives are seen as worthless. One Mexican woman quoted that, "It is as though your life is not worth anything. They [cartel members] rape. There is no limit. There is no authority. There is no one to stop them" (UNHCR). Despite women's lack of power, they also hold the maternal role and are charged with ensuring the safety and protection of their children. Living under of the presence of criminal armed groups, women's daily lives are interrupted as they have been "increasingly barricading themselves and their children inside their homes, avoiding certain areas and not taking public transit, being unable to leave the home to commute to work or school to hide from gun fights, and keeping children inside after the children had witnessed acts of violence or death" (UNHCR). Much of this fear instilled in innocent community members is not unintentional either, rather "one Guatemalan woman said, 'In the local market, the people from the cartel put the dead body of a woman on public display to strike fear into everyone'” (UNHCR), reflecting the intentionality behind these displays of power imbalance made by armed groups.

Transgender Women

Beyond the daily persecution all women face, transgender women experience further obstacles making immigration more desirable but also more dangerous. Transgender women are at the very bottom of the social hierarchy system, experiencing violence not only from men but also their family members and cisgender women, giving them the least amount of power in all areas of life. Starting at an early age, trans women are often kicked out of their homes, forced to drop out of school, and struggle to find opportunities in the legal employment market resulting in forced sex work or unemployment (UNHCR). And if cisgender women lack state protection, trans women do even more. To summarize the transgender experience, Sara, a trans woman from Mexico, told UNHCR “I saw many times that the police would beat my trans friends...in the center and downtown Tijuana. I never reported it because if I report it and they find out, the one who suffers would be me. It’s amazing that many of us survive,” she said. “There are murders of transgenders [sic] and we cannot complain" (UNHCR).

The Journey

The perception that women are weak has made them primary targets for extortion and enabled men to take advantage of women physically, emotionally, and monetarily. Women have such few resources and are held at the mercy of the men around them who can help them cross the border, whether that be a coyote or a US Border Patrol officer. A lot of times these women are groomed in a way that keeps them thinking that sexual favors are the only way to be able to gain citizenship (Falcón).

Militarization at the Border

A rather unexpected problem that has stemmed from the "Remain in Mexico" policy is the way that American border patrol officers have shifted to act almost like the military. This started happening as 9/11 changed the way that the U.S. viewed migration and national security. The number of agents between 2004 and 2011 increased over 100% and the military style tools that these agents have at their disposal is unprecedented. The US Border is no longer just a customs checkpoint, but it has come to be described by experts as a war zone (Vera 2). The national guard and other government agencies located at the border are not trained or equipped to handle civilian issues yet have been placed to do so (Vera 3). The hyper-masculinity associated with militarization has become reflected through power imbalances at the border, evidenced through acts of physical strength and sexual aggression used to control the "inferior" immigrants.

Detention Officer v. Detainee

While there are laws in place that make sexual activity between detainees and detentional facility staff illegal, regardless if consent is given, the inherent power imbalance that exists within detention facilities has allowed systemic assaults of detainees to go unchecked (ACLU). Immigrants are living in an environment where "they are held by the very entity seeking to deport them" and fear challenging those above them due to the risk of "retaliation deportation" (Just Detention International).

The Most Vulnerable Groups

Higher risk for sexual assault threats those that are believed to be unlikely to report. Previous survivors of sexual assault, those that are identified as or perceived to be LGTBQ+ individuals, and those struggling with mental illness tend to be the primary targets of sexual abuse in detention (Just Detention International).

U.S. perception of Mexico

As the Biden administration slowly makes changes to the Remain in Mexico Policy, more immigrants will go back to being detained in the U.S. With that, it is important to break down the idea that just because immigrants are being kept in the U.S., they are living in safer, well-maintained conditions. While being kept in the U.S. may be safer in terms of avoiding abduction and gang-related crime, immigrants continue to face sexual violence, poor healthcare, and negative social implications. The U.S. perception of Mexico as a violent state has caused immigrants to be perceived as criminals which affects the U.S. public opinion on immigration, therefore increasing American support of the MPP policy and reducing concern about the wellbeing of immigrants stuck at the border. This creates further hardships for immigrants as they are not only having to pass legal barriers to enter the country but social barriers in order to integrate. It is important to separate the people from the violence within the state; these immigrants are trying to escape violence, not bring violence here.

Who is responsible?

The power imbalance between the US and Mexico has led to the US creating these detention camps but placing them in Mexico resulting in neither state being held accountable to take care of the camps or the people that fill them. Instead, the question has risen as to who is responsible for these camps and the immigrants - the U.S. for placing these camps in Mexico and forcing immigrants to stay on the other side of the border, or Mexico since the camps are on their land and filled with their people? To say it simply, the US has gained power over Mexico by creating these camps within its borders and leaving the people to fend for themselves.

Policy Suggestions

Responding to abuse in detainment facilities:

Preventing abuse in detainment facilities:

Eliminating expulsion of asylum seekers:

Image Source: ACLU

Reporting Systems

Policy-makers interested in addressing sexual violence might consider creating a more effective reporting system for immigrants. Immigrants should feel safe to report safety concerns, abuse, sanitation issues, and whatever else they are facing to detention officers or other higher-ranked officials but unfortunately, this is not the case. When immigrants only have detention officers to report to, it’s likely they will not make reports in fear of falling victim to further violence. Detention officers continue to perpetuate violence as they are often the instigators of sexual assaults and unresponsive to requests of health concerns. This is evidenced by numerous assaults such as that of ICE guards “systematically” assaulting detainees in El Paso detention centers. In one recent scenario involving three women, victims were told “that no one would believe them because footage did not exist and harassment involved officers as high-ranking as a lieutenant” (Texas Tribune). One of the women explained that she would rather return to Mexico, despite the dangers that exist there, because “she worried about being targeted in the detention center for speaking up about the abuse” (Texas Tribune).

Legal Representation

In their current state, immigrants also have trouble developing cases of sexual assault because detainees have no right to an attorney and "have difficulty speaking out due to cultural isolation, language barriers, and limited literacy" (Just Detention International). Therefore, effective reporting systemps are useless unless the reports are taken seriously in accordance to the law. Implementing a policy that gives immigrant detainees right to a lawyer, similar to criminal defendants, will further enable immigrants to seek justice and explain their situations without fear of "retaliation detention."

Prosecution

Effective reporting systems are also meaningless if consistent and sufficient prosecution of perpetrators does not exist. Often courts and authorities look the other way and simply give a slap on the wrist as a way of punishment. Detention officers are also able to find loopholes in their case, such as a lack of security cameras at the facility, to claim insufficient evidence and avoid being prosecuted. That, and the fact that immigrants have little to no legal representation and are unable to develop strong cases for themselves, allows for the perpetrators to continue their cycles of violence. Thus, ensuring immigrants can safely report any abuse, are given the right to legal representation, and that perpetrators are fimly prosecuted by the law is the only way to deter this violent, systemic cycle.

Image Source: San Antonio Express News

Non-Detained Docket

While many policies, such as reporting systems, exist to respond to damage has already been done, it is important to consider policies that can prevent violence before it occurs. Several Alternative to Detention (ATD) programs currently exists for those "not considered a flight risk, families with vulnerabilities not compatible with detention, and other individuals the government has exercised discretion to release" (Congressional Research Service). Allowing more women and girls to be kept in ICE's non-detained docket means seperating women from the perpetrators of violence; Less interaction with ICE detention officers eliminates opportunities for sexual violence to occur.

Seperation within Facilities

The separation of men and women during detainment would also be beneficial in that it would reduce incidents of abuse and sexual violence between asylum seekers. On the other hand, current practices of separating children from parents is not an appropiate policy response because minors do not have the capabilties of fending for themselves. Evidence shows the harmful psychological impacts for minors in the U.S. when they are forced to migrate alone. Encouraging families to stay as units and seperating families from other individuals could help reduce the risk of violence.

Image Source: Puente Movement

Title 42

Set to expire next month per the Biden Adminitration, Title 42 is a public health clause originally established in 1944 that has recently been used by the Trump Administration as ground for migrant expulsion. In 2020, Trump's administration invoked the use of the title in response to COVID-19 and in the past year, "about half of those 'that were encountered at the border were expelled under Title 42,'" as told by Theresa Cardinal Brown to NPR (NPR). The use of this title has blocked immigrants from seeking asylum, denying them entry without opportunity to even plead their case (Puente Movement). There has been pushback towards lifting this order with the fear of a suddent influx of migrants at the border, and many are currently looking to delay lifting the title by at least 60 days (NPR). However, the use of Title 42 has disproportionally affected groups such as children arriving alone at the border. For example, in June 2020, only 4% of unaccompanied children entering the U.S. were transferred to the Office of Refugee Resettlement, while the other 96% were expelled, and many of these expelled children have remained unlocated (Puente Movement).

If using COVID-19 as grounds for explusion per Title 42, instead of denying aslyum without a plea, policymakers should implement COVID-19 procedures for asylum seekers such as free vaccine administration. Allowing for immigrants to pass through the border and begin the aslyum process will reduce the likeliness of a sudden influx when the title is completely lifted.

Video

Works Cited

“Addressing Central and South American LGBTQ Asylum Seekers.” Georgetown Journal of International Affairs, 12 Nov. 2021, https://gjia.georgetown.edu/2021/11/16/addressing-central-and-south-american-lgbtq-asylum-seekers/.

Culturally Congruent Health Care ... - Sage Publications Inc. https://journals.sagepub.com/doi/pdf/10.1177/1043659620941578.

Lovato-Hermann, K. (2017). Crossing the border to find home: gendered perspective on the separation and reunification experiences of mexican immigrant young adults in the united states. International Social Work, 60(2), 379-393.

Falcón, Sylvanna. “Rape as a Weapon of War: Advancing Human Rights for Women at the U.S.-Mexico Border.” Social Justice, vol. 28, no. 2 (84), 2001, pp. 31–50, http://www.jstor.org/stable/29768074. Accessed 29 Apr. 2022.

Hernández LH and De Los Santos Upton S (2019) Critical Health Communication Methods at the U.S.-Mexico Border: Violence Against Migrant Women and the Role of Health Activism. Front. Commun. 4:34. doi: 10.3389/fcomm.2019.00034

“Immigration: Alternatives to Detention (ATD) Programs.” Congressional Research Service, 8 July 2019.

Kriel, Lomi. Ice Guards "Systematically" Sexually Assault Detainees in an El Paso Detention Center, Lawyers Say. The Texas Tribune, 21 Jan. 2021, www.texastribune.org/2020/08/14/texas-immigrant-detention-ice-el-paso-sexual-abuse/.

López, Victoria, and Sandra Park. Ice Detention Center Says It's Not Responsible for Staff's Sexual Abuse of Detainees. American Civil Liberties Union, 6 Nov. 2018, www.aclu.org/blog/immigrants-rights/immigrants-rights-and-detention/ice-detention-center-says-its-not-responsible.

“Sexual Abuse in U.S. Immigration Detention .” Just Detention International , Jan. 2009.

Shivaram, Deepa. What to Know about Title 42, the Trump-Era Policy Now Central to the Border Debate. NPR, 24 Apr. 2022, www.npr.org/2022/04/24/1094070784/title-42-policy-meaning.

Title 42 Explained. Puente Movement, puenteaz.org/title42/.

Vera, V. (2013). Border Patrol Not-So-Secret: the Normalized Abuse of Migrant Women on the U.S.-Mexico Border. International Affairs Review. https://www.usfca.edu/sites/default/files/arts_and_sciences/international_studies/border_patrols_not-so-secret-_the_normalized_abuse_of_migrant_women_on_the_u.s.-mexico_border_-_university_of_san_francisco_usf.pdf.

Women on the Run. United Nations High Commissioner for Refugees, 2015, www.unhcr.org/5630f24c6.html.

Page updated

Google Sites

Report abuse