Two Landmark Rulings in U.S. and Mexico Split Over Border Treatment

A U.S. judge blocked the Biden administration from lifting border restrictions as Mexico’s Supreme Court struck down stop and search operations on buses and highways, both of which have racial undertones.

Two Landmark Rulings in U.S. and Mexico Split Over Border Treatment

Two landmark rulings in the U.S. and Mexico have given policymakers contradictory guidelines on the treatment of border crossers.

A Louisiana judge rejected President Joe Biden’s push to end Title 42, which restricted access of would-be asylum seekers to the U.S. during COVID-19, reports the Associated Press. At the same time, Mexico’s Supreme Court ruled that Mexican immigration officers cannot stop and search suspected migrants, calling the practice racist, discriminatory, and unconstitutional, according to The Guardian.

The Mexican Supreme Court decision came after immigration officers arrested three Indigenous Mexican migrants – all under the age of 24 – for how they looked, dressed, and their minimal Spanish use.

“The decision represents an opportunity to stop the discriminatory and racist practices by immigration authorities and the national guard who utilize racial profiling to detect migrants, that have led to arbitrary detentions of both immigrants and Mexicans,” said Gretchen Kuhner, director of the Institute for Women in Migration which helped bring the case.

The U.S. has deported more than 1.9 million migrants under Title 42. But as the Mexican Supreme Court ruled on mitigating what it deemed “racist” practices, the application of Title 42 treats asylum seekers unevenly, according to the Associated Press.

Cubans have had less difficulty under Title 42 compared with Hondurans seeking asylum. In April, about half of the 16,000 Hondurans stopped at the border were expelled under Title 42. Cubans were stopped nearly double – 35,000 – but 451 or some 1 percent were processed under Title 42.

“Now there is no hope,” said Christian Salgado, who is homeless after fleeing Honduras, referring to the U.S ruling.