Haitian Migrants At The Border & Asylum
"El Show Sin Fronteras"
Spanish Video Above Translated In English Below
The topic of our broadcast today was the current situation of Haitian migrants and what is happening at the border with the refugees. We were joined by attorney Kate Lincoln-Goldfinch, Fidel Campuzano, and our host Karla Arévalo, as always ready to provide updates on new policies that concern the immigrant community. If you or someone you know or care about is in credit card or loan debt, please do not hesitate to contact us. Here at Lincoln-Goldfinch Law we also have bankruptcy attorneys who will help you find legal relief that will allow you to reactivate your personal finances.
Haitian Migrants at the Border
There is currently a group of approximately 14,000 Haitian migrants who have been fleeing their country, especially since last summer, when their president was assassinated and their country suffered another earthquake leaving a large number of people homeless. Haiti already had a history of a devastating earthquake that took place in 2010, and the country has not been able to recover from this situation - its people have been suffering for more than a decade. For these reasons, President Biden announced a few months ago the renewal of the Temporary Protected Status (TPS) program for Haiti. This program is for people who are already in the United States, and through it they have the benefit of working legally, obtaining a driver's license and Social Security until their country of origin is once again able to receive them. Temporary Protected Status has benefited citizens from countries such as Honduras, El Salvador, and Haiti.
Haitian citizens have been massively deported. The reason behind this is that the border is currently completely closed to persons seeking protection and the only exception is for unaccompanied unmarried minors. These cases can still be prosecuted, and unfortunately, there have been cases of families being forced to make the sad and desperate decision to send their children alone to cross the border to find protection.
This is regulated by a law issued by the previous administration called Title 42, which mandated the complete closing of the borders to protect the inhabitants of the United States in the face of the COVID-19 pandemic. This policy has brought many inconveniences especially at the border, as the immigrant community being so vulnerable, is having to face kidnappings and other types of violence at the border. President Biden is currently appealing this policy before a Federal Court.
What To Do At This Time?
Attorney Kate discourages the immigrant community from approaching the border bridge to seek help, as there is no legal way to apply for asylum at this time. Previously the process was different: people approached the bridge, passed a "Credible Fear" interview, and had to wait to be called for a final hearing. However, there are now thousands of people currently settled at the border waiting for immigration policies to change in that regard.
For those who are already inside the United States and have not been apprehended, or whose asylum cases have been denied, there are still options. Here at Lincoln-Goldfinch Law we handle those types of asylum cases as long as they are inside the country.
During the broadcast, we received an inquiry that Karla read to us. It was about a student who is in the United States on an F-1 Visa who was concerned about whether it was possible for her to apply for Asylum at the same time. Attorney Kate explained that it is possible, as anyone is within their rights to file an asylum application while in the country.
However, it is not expected that a person entering the country on a visa would want to overstay. For this reason, the outcome of each application depends entirely on the details of the case and if it is denied, the person is placed in Deportation Proceedings. Whenever our clients bring us their asylum cases we inform them honestly and transparently about the options they have and the consequences that each one brings so that they can make an informed and conscientious decision.
Lost Loved Ones Crossing The Border
Sometimes family members may lose contact with a person who decided to cross the border by hiring a "coyote" or similar, and wonders what options they have to search for their loved one. Unfortunately, the U.S. Government is not very helpful, however, they do have a tool called "ICE Detainee Locator". Any immigrant who is in immigration proceedings will be assigned an identification number that starts with the letter A followed by nine numbers.
With this number it is possible to search in the ICE Detainee Finder, but if you do not have it, which is in most cases, it is possible to search with the full name, country of origin and date of birth. It is necessary to have the information as specific as possible because if there are any spelling mistakes, no results will be obtained. It is also necessary to wait for the information to be uploaded to the database by Border Patrol agents for at least a week after someone is apprehended. Although it does not happen every time, it is possible for family members to receive a call from the detained person 48 to 72 hours after they are apprehended.
Due to the current situation of immigration laws and border encampments, it is common for some people to be kidnapped by Mexican cartels. Usually, when this occurs they contact the victim's family members within 1 to 2 days after the kidnapping requesting money. Another common form of scam is when criminals contact the victim's family members impersonating the victim and requesting money for fake urgent situations.
If you have additional questions regarding Asylum or your specific case, please do not hesitate to call us at (855) 502-0555. We will provide you with a free legal consultation in less than 10 minutes to discuss your options. To keep up to date with our latest news feel free to follow us on Facebook, TikTok, Instagram and YouTube.