CNN
By Catherine E. Shoichet and Leyla Santiago
April 20, 2018
They stowed away on trains, slept in shelters and marched in protests as they trekked across Mexico.
Soon hundreds of migrants from Central America will find out whether it was worth it.
Migrants from the caravan have started to reach the US-Mexico border
Members of the caravan have just started reaching the border, and a larger group of hundreds of migrants is days away, organizers say. Many in the caravan say they plan to turn themselves in to US authorities and ask for asylum.
The migrants say they’re fleeing violence and poverty in Central America and hope they’ll find safety and security in the United States.
It’s been weeks since word of their journey sparked the ire of President Donald Trump and spurred a decision to deploy the National Guard to the US-Mexico border.
And as more migrants near the border, there’s little doubt we’ll see a fresh round of political ripples. Here are some key questions to keep in mind:
Wait — didn’t the caravan dissolve?
Some individuals and smaller groups have split off along the way. The largest contingent is now much smaller than it was at the outset, when about 1,200 migrants from Central America convened at Mexico’s southern border weeks ago. After a recent head count by organizers, that group numbered closer to 600.
And that’s typical. The annual pilgrimage, a march with religious roots organized by Pueblo Sin Fronteras since 2010, normally shrinks as it travels north.
This US-bound migrant caravan sparked a Trump tweetstorm
This year, US and Mexican officials offered different explanations for the group’s decreasing size. Trump tweeted that the caravan had “largely broken up” thanks to Mexico’s strong immigration laws. Mexico’s foreign minister countered that the group dispersed on its own — and that pressure from north of the border had nothing to do with it.
But the bottom line is this: Hundreds of migrants are still in the caravan heading toward the US-Mexico border.
Is what they’re doing legal?
Yes. While Mexican officials deported about 400 participants in the caravan for violating their country’s immigration laws, they gave others 20-day permits to remain in the country.
The government also gave some migrants the option of seeking asylum in Mexico, setting up information tables at caravan stops to help guide them through the process. Some decided to accept the offer and now plan to stay.
Those continuing north say they’re not planning to sneak across the border. They intend to turn themselves in to US authorities and ask for asylum.
It’s not illegal to come to another country without papers and ask for asylum. International law requires countries to consider such claims.
What does it mean to ask for asylum?
Asylum is a protected status that allows people fleeing persecution to live legally in another country. But it’s much harder to get than it sounds. In order to qualify for asylum in the United States, applicants must prove they have faced persecution in the past or have a well-founded fear of persecution due to their race, religion, national origin, political opinion or membership in a particular social group.
What are the chances migrants in the caravan will get asylum?
Pretty slim. But it’s impossible to predict how any one case will go. A number of factors contribute to whether someone wins asylum, including how much evidence they have with them to prove their case and which judge is hearing it.
Looking at national statistics gives a good sense of how tough those cases can be to win — particularly for people from Central America, who often have a hard time meeting the requirements.
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More than three quarters of immigrants seeking asylum from El Salvador, Honduras and Guatemala between 2011 and 2016 lost their cases, according to immigration court statistics published by Syracuse University’s Transactional Records Access Clearinghouse.
A large number of people in this year’s caravan are from Honduras. Among the reasons they’ve given CNN for fleeing the country: widespread gang violence, domestic violence, poverty, political repression after a contested presidential election, and discrimination against the transgender community.
Is the current asylum system working in the US?
Not at all, according to critics on both ends of the political spectrum.
Immigrant rights advocates argue the system is engineered to send as many people back to their home countries as possible, no matter what threats they face.
The Trump administration has taken a stance long advocated by immigration hard-liners, who argue that existing asylum procedures in the United States are rife with loopholes that essentially give people who claim fear of persecution a free pass into the country.
Sessions tests limits of immigration powers with asylum moves
“This system is currently subject to rampant abuse and fraud,” Attorney General Jeff Sessions said in October. “And as this system becomes overloaded with fake claims, it cannot deal effectively with just claims.”
Recently, Sessions has taken steps to exert his authority over the immigration courts and change the way asylum cases are decided.
Advocates maintain that the vast majority of asylum claims are legitimate, and that stacking the deck against immigrants fleeing dangerous situations is immoral and contrary to international law.
What happens to people in the caravan once they reach the border?
We won’t know for sure until they get there. But asylum seekers generally follow a few steps once they’re in custody:
• A credible fear screening — This interview with an immigration official is the first step in the asylum process. If an asylum officer finds that a person’s fear of persecution is credible, the case is referred to an immigration judge.
• Detention — This could last for days, months or even years, depending on the case. Adults traveling alone could be transported to detention centers across the United States. Families are most likely to be held in Texas, where there are two family immigrant detention centers.
• Immigration court — This is where asylum seekers will make their case, often facing tough odds. And there’s no guarantee they’ll have lawyers to help them. In these administrative courts, immigrants don’t have a right to an attorney.
• Release from custody — Sometimes, people with pending asylum cases are released on parole. Sometimes, they remain detained until their cases are complete. Advocates recently sued the Trump administration, arguing that adult asylum seekers are now being detained at an alarming rate to deter others from seeking refuge in the United States.
Trump has decried the practice of letting immigrants with pending cases out of detention — and he’s vowed his administration will put an end to the policy he derides as “catch and release.” But officials haven’t revealed publicly what they plan to do when this group of Central Americans arrives.
Trump presses for options to end 'catch and release' in immigration policy
In recent months, immigrant rights groups have accused the Trump administration of separating immigrant parents from their children as they await asylum proceedings. Officials have said they separate adults from children in custody only “in the interest of the child” — for instance, if there’s a suspicion of human trafficking or if they are unable to confirm the child is traveling with parents or legal guardians. The Department of Homeland Security’s inspector general is investigating the matter.
If immigrants in the caravan lose their asylum cases, the government can order their deportation. If they win, they’ll be allowed to stay. But no matter the outcome, it’s a long road, filled with uncertainty.
If immigrants in the caravan lose their asylum cases, the government can order their deportation. If they win, they’ll be allowed to stay. But no matter the outcome, it’s a long road, filled with uncertainty.
For more information, go to: www.beverlyhillsimmigrationlaw.com
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