When Carlo left Brazil with his two young daughters early this year, he thought they would get into the U.S.
His wife had been able to the year before. The federal government was sending some asylum seekers to wait out their cases in Mexico, under its 鈥淩emain in Mexico鈥� policy, but they were from Spanish-speaking countries. Carlo speaks Portuguese.
But just a few weeks before he left, the Trump administration to include Brazilians. Even though he crossed the border in California, Carlo said, he was sent to El Paso 鈥� then back across the border, to Ciudad Ju谩rez.
He and his daughters have been living in a crowded migrant shelter since February. We're not using Carlo and his daughter's full names since their immigration cases are still pending. The girls are sweet, he said, but they鈥檙e struggling here. Especially his youngest, a 5-year-old with soft brown curls that hang down her back.
鈥淪he鈥檚 acting more like a baby now,鈥� he said. 鈥淪he鈥檚 gone back to wetting the bed and cries over everything. I think these behaviors 鈥� wetting the bed, having nightmares, waking up in the middle of the night crying 鈥� I think it鈥檚 all part of what we鈥檙e having to go through.鈥�
His youngest is especially close with her mom. The girls constantly ask him when they鈥檒l get to see her. They鈥檙e full of questions about the city where she lives. Does it snow there? Are there beaches?
He tries his best to answer them, but since COVID-19 hit, their future has become even more uncertain.
A Dangerous Situation
Even before the pandemic, advocates argued MPP violated peoples' rights and put them in grave danger. In May, a human rights group of violence against migrants in MPP, including torture, rape and murder.
Carlo said he reached a breaking point in September, when he learned that his hearing had been rescheduled for a third time.
鈥淓very time court鈥檚 delayed it鈥檚 a disaster,鈥� he said. 鈥淚t鈥檚 the worst day, because it鈥檚 like you鈥檙e never going to resolve your situation.鈥�
But this time, he said, he completely fell apart. He started to consider what had once been unthinkable: sending his daughters across the border without him. It would be a last resort, he stressed, born of desperation.
鈥淏ecause of the situation here in Mexico, seeing them suffering and suffering, that crazy idea goes through my head,鈥� he said. 鈥淚t鈥檚 the last thing you think of to try.鈥�
He hoped his daughters could reunite with their mother, while he stayed behind in Ju谩rez and waited out his asylum case.
Into The Unknown...Alone
Other families have already done this. In January, before the pandemic struck, after living in Mexico.
Unaccompanied children received special protections before the pandemic. The U.S. government could not immediately deport them or send them back into Mexico. They were typically placed in a youth shelter, then released to relatives or sponsors in the U.S. while they pursued their asylum cases.
But earlier this year, the U.S. government started , putting them on planes and sending them 鈥� alone 鈥� back to their .
The Trump administration says it鈥檚 trying to prevent the spread of COVID-19, and has the authority to carry out these due to a issued in March.
鈥淲hat we鈥檙e trying to do, the best we can, is remove all individuals regardless of whether they鈥檙e children, minors or they鈥檙e adults,鈥� said Mark Morgan, acting commissioner of Customs and Border Protection, at a press briefing in August.
鈥淲e鈥檙e trying to remove them as fast as we can to not put them in our congregate settings, to not put them in our system, to not have them remain in the United States for a long period of time, therefore increasing the exposure risk of everybody they come in contact with.鈥�
Experts with the Centers for Disease Control and Prevention initially refused to issue the order, , saying there was no evidence it would slow the coronavirus. The agency only reversed course when Vice President Mike Pence intervened.
An End To Asylum
鈥淭he administration is bypassing the entire immigration system, the entire asylum system set up by Congress for children, and is using public health laws as a pretext to summarily remove children,鈥� said Lee Gelernt, deputy director of ACLU鈥檚 Immigrants鈥� Rights Project. The group recently filed a class-action lawsuit challenging the rapid expulsion of children.
鈥淭he administration has been trying to close the border to people from Central America for four years now,鈥� Gelernt said. 鈥淣ow the administration, I believe, thinks they鈥檝e found the silver bullet to end all of asylum, even for children, by claiming that it鈥檚 necessary from a COVID perspective.鈥�
As the litigation plays out, advocates on the ground are trying to warn families of the risks inherent in sending their children across the border alone.
鈥淥ne of the biggest things we鈥檙e trying to get across to people, just constantly, is how incredibly dangerous it is,鈥� said immigration attorney Taylor Levy. She explains that children may not reach the U.S. safely and even if they do, 鈥渢here鈥檚 a strong possibility that your kid might be sent back to Honduras, sent back to El Salvador alone.鈥�
But families are desperate. Levy said she has heard stories about small children trying to kill themselves, and teenagers spending weeks in bed, struggling with depression.
Family Separation 2.0
Levy has started calling MPP 鈥淔amily Separation 2.0鈥�: the government created a situation so dire, parents believe their best option is sending their children across the border without them, knowing they may never see each other again.
鈥淚 never thought anything could be worse than family separation,鈥� Levy said. 鈥淏ut MPP is worse.鈥�
She said families have even pleaded with her to take their children across the border herself, convinced that her status 鈥� as a white, U.S.-born lawyer 鈥� will offer protection.
鈥淧eople will straight up tell me, 鈥榶ou鈥檙e white; can鈥檛 you take my 5-year-old across the border? Just take them and say, please Americans, please help them. They鈥檒l understand,鈥欌�� she said. 鈥淎nd to be begged to take someone鈥檚 child over and over and over again by so many different people has been truly shocking.鈥�
No Good Options
For his part, Carlo continues to waver. Sometimes he thinks it鈥檚 worth the risk, then second guesses himself.
If he knew someone could safely deliver his daughters to their mother, he would jump at the chance. They could be with her for Christmas, and to celebrate her birthday. Two milestones he doesn鈥檛 want them to pass at the shelter.
He鈥檚 tried to gently broach the subject with his daughters, but said they become fearful.
鈥淭hey鈥檙e afraid of being without me,鈥� he said. 鈥淪o much that for my [younger] daughter to sleep through the night, she only sleeps when I鈥檓 beside her. If I go to the bathroom to bathe, she cries. I have to go back and lie with her. So it鈥檚 a thing that I haven鈥檛 really talked about with them, but I don鈥檛 think they would be on board.鈥�
He said the only way he can imagine them getting on board is if he could reassure them that they would get to their mother quickly.
But he knows he can鈥檛 provide that reassurance.
Mallory Falk is a corps member with , a national service program that places journalists into local newsrooms. Got a tip? Email Mallory at Mfalk@kera.org. You can follow Mallory on Twitter .
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