Forcing Asylum Seekers to Wait in Mexico Ruled Illegal

U.S. District Judge Cynthia Bashant has ruled that the U.S. government’s practice of denying migrants a chance to apply for asylum on the Mexican border until space opens up to process claims is unconstitutional, reports the Associated Press. Bashant found that the practice, known as “metering,” violated constitutional rights to due process under the law and a federal law requiring officials to screen anyone who shows up seeking asylum. She unequivocally backed criticisms that U.S. officials did not monitor the waiting lists, which were subject to fraud and corruption, and that asylum-seekers were exposed to grave physical danger while waiting in Mexico.

 Waiting lists continue to grow. The U.S. had more than 18,600 names in eight Mexican border cities in May, more than half in Tijuana, according to a report by the Strauss Center for International Security and Law at the University of Texas at Austin. Waiting lists peaked at nearly 27,000 names in August 2019. The ruling has no immediate impact but could prevent the government from limiting entry for asylum-seekers because it says it lacks resources. It could also bring relief to some of the tens of thousands of people who put their names on unofficial waiting lists in Mexican border towns. Bashant ordered the Justice Department and plaintiffs led by Los Angeles-based advocacy group Al Otro Lado to recommend next steps by Oct. 1, 2021.