The COVID-19 pandemic hasn鈥檛 stopped some people, including those seeking asylum, from crossing into the U.S. at its southern border.
However, according to Rafael Garza, a special operations supervisor with the , the virus has changed how Border Patrol agents do their jobs.
鈥淥bviously the use of Personal Protective Equipment, social distancing, the implementation of Title 42 has helped out to mitigate the spread of the Coronavirus into the United States because all these people that are coming across that we do apprehend we don鈥檛 know their past travel history, where they鈥檙e coming from, what they鈥檙e bringing, if they鈥檙e symptomatic or asymptomatic,鈥� said Garza.
, which Garza mentioned, is part of the U.S. Code that deals with public health. The Trump administration cites Title 42 in the from March, and said that鈥檚 what allows officials to quickly return migrants who cross the border 鈥� even asylum seekers and children who are supposed to go through a formal legal process.
鈥淲e apprehend them, we give them a face mask and I ask them if they鈥檙e feeling any symptoms, 鈥楴o I鈥檓 fine, this and that,鈥� and then we process them remotely without taking them to the station we鈥檒l process them in a combined area, we process them in the field,鈥� Garza said. 鈥淭hey enroll them into the system and if they do not have any pending warrants, or any type of detrimental immigraton history we will expel them as quickly as possible.鈥�
The people will either be quickly returned to the country which they entered the U.S. through, be sent back to their country of origin or be sent to another location as practicable.
In early April, showing guidance that informed agents how to enforce the new CDC order.
鈥淲hat鈥檚 happening now is that with the CDC order under COVID, they are saying that public health law is basically superseding immigration law,鈥� said , the Director of immigration and cross border policy at the .
She and other experts have said the Trump Administration鈥檚 use of Title 42 is unprecedented.
and was originally enacted to stop boats from entering U.S. ports if they came from areas dealing with spikes in infectious diseases, like smallpox or cholera.
鈥淚n general, it鈥檚 been used in the past, or can be used, to prevent entry, or to quarantine people after they arrive, but as far as I know, this is the first time it's been used very broadly to apply strictly to people entering between the Ports of Entry in the U.S.-Mexico land border,鈥� said Cardinal Brown.
A U.S. Customs and Border Protection spokesperson said in a statement, 鈥渂y quickly expelling individuals who cross illegally, we protect them, our agents, and the American public from potential exposure to COVID-19.鈥�
But migrant advocates and some policy experts disagree.
Cardinal Brown said this is just the latest way the Trump administration is deterring and/or preventing people from having full access to the asylum process in the U.S.
鈥淥ver the last year and a half the Trump administration has expanded a series of policies under immigration law to address people arriving and claiming asylum at the border,鈥� she said. 鈥淪ome of those policies include something called the , or also known as Remain in Mexico鈥� another provision of immigration law that they have used is the with Guatemala, Honduras and El Salvador.鈥�
鈥淭hey鈥檙e not even bothering with any of the immigration law requirements and they are simply sending people back to where they came from,鈥� said Cardinal Brown referring to the Title 42 expulsions.
The ACLU and others said what鈥檚 happening is illegal and against this latest border restriction which largely bars migrants from entering the country.
The medical community has pushed back, too.
with said their organization asked six experts in infectious disease epidemiology to review and analyze the CDC order.
鈥淭here was really no public health sense behind it, so it really categorically targets one particular group who is not anymore at likelihood to essentially spread COVID-19 than other groups that we are continually allowing into the United States,鈥� said Peeler.
In May, Physicians for Human Rights that asylum seekers are no more likely to spread COVID-19 than students, temporary workers and truck drivers who cross the border and are currently exempt from these types of restrictions.
鈥淭his rule violates U.S. and international legal obligations toward asylum seekers looking for safe haven in the United States,鈥� said Michel Heisler, the medical director of PHR, in a . 鈥淭he administration is brazenly using COVID-19 to enact its immigration agenda, effectively dismantling decades of U.S. asylum policy under the guise of public health.鈥�
Back in Laredo, Border Patrol Agent Garza responded to the findings from Physicians for Human Rights.
鈥淚 think that question is more political. It鈥檚 a matter of personal opinion, whether it鈥檚 six experts or six Border Patrol agents. I mean who are you going to trust?鈥� asked Garza. 鈥淛ust because they have an expert title in front of their thing? Right now, if you see, it is working. It is a good tool that the United States government is using to mitigate the spread.鈥�
CBP data shows that since the CDC order went into effect in late March there have been .
Most individuals or families returned to Mexico aren鈥檛 from there and have no idea what to do next. Some end up homeless or targets for organized crime, which are just a few reasons groups like PHR and have said that these expulsions .
These groups and others have said the federal government can both protect public health in the U.S. and migrants seeking protection.
Sara Melendez is a Public Affairs Officer with U.S. Customs and Border Protection. She responded to the claims by PHR, Amnesty International and others.
鈥淎ny of those questions dealing with human rights, or ACLU, or anything, you can put those in email writing and we鈥檒l have our headquarters office give you a response to that,鈥� said Melendez. 鈥淕o ahead and submit it in writing and we鈥檒l get you a response back because we have to look into it and we have to see what they鈥檙e talking about and we got to do more research.鈥�
TPR reached out to CBP and by email a spokesperson didn鈥檛 directly answer the question either and reiterated that Title 42 has helped mitigate the spread of COVID-19.
鈥淭hese measures will remain in place until the CDC Director determines that the danger of the further introduction of COVID-19 into the United States has ceased to be a serious danger to the public health,鈥� said the statement.
This is the first installment in a four-part series on rapid expulsions at the U.S.-Mexico border. You can view the entire series .
Reynaldo Lea帽os Jr. can be reached at Reynaldo@TPR.org and on Twitter at .
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