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Haitians, many who have been waiting up to a year in Mexico for asylum requests to be processed, wait in line outside a store in Tapachula, Mexico, to receive remittances sent from family members abroad in September 2021.

Other Haitians have been living in Tijuana, just across the border from San Diego, since as early as 2016. In the time since then, many have put down roots, less by choice than by necessity: As of October 2021, there were some 4,000 Haitians living in Tijuana, more than half of whom had secured formal employment in local factories or the service sector.

For Haitians and Black migrants overall, assimilating in Mexico isn’t an easy prospect, however. Getting legal status is a long and arduous process. They may not speak fluent Spanish, though many of them have previously lived in Latin America for years. For those without work authorization, finding employment is a challenge. And they face persistent racism and discrimination.

But the US hasn’t left them with another option.

The US has abandoned Haitian migrants in Mexico

The US, one of the contributors to Haiti’s current political and economic troubles, chose to put Haitian migrants in Mexico in their current predicament.

President Joe Biden did allow more than 100,000 Haitians already living in the US before July 29, 2021, to apply for Temporary Protected Status, which allows them to live and work in the US on a temporary basis. But he has largely pursued a strategy of deterrence and exclusion with respect to Haitian migrants outside US borders, despite the fact that their country is still reeling from President Jovenel Moïse’s assassination and the one-two punch of a 7.2-magnitude earthquake and a tropical storm last summer.

Biden promised to institute a more humane immigration policy than his predecessor, but instead he has clung to pandemic-related border restrictions, known as the Title 42 policy, implemented by the Trump administration last year. Since March 2020, that policy has been used to rapidly expel more than a million migrants, including Haitians, without hearings before an immigration judge.

 Christian Torres/Anadolu Agency via Getty Images
A Haitian family crosses the Rio Bravo river illegally to surrender to American authorities at the border of Ciudad Juarez, Mexico, and El Paso, Texas, on December 23, 2021.

Along the border, Biden has restarted Trump’s “Remain in Mexico” policy, under which tens of thousands of migrants were forced to wait in Mexico for their court hearings in the US. Though Haitians have not yet been sent back to Mexico under the new iteration of the program, there is no longer an exclusion for non-Spanish speakers, meaning that they could be subject to the “Remain in Mexico” policy in the future.

The Biden administration briefly paused deportation flights to Haiti in 2021 due to escalating political violence, but has resumed them despite the fact that the situation on the ground hasn’t improved. In just the last month, it chartered 51 deportation flights carrying more than 5,000 passengers.

And it has sought to discourage Haitians from trying to reach the US by boat. Officials have made clear that those who try will be intercepted by the US Coast Guard and will not be permitted to enter the US. Instead, they will either be repatriated back to Haiti or, if they can demonstrate the need for humanitarian protection, resettled in another country.

All of these choices have not just limited the movement of Haitians from Haiti, but restricted avenues by which Haitians trapped in Mexico can legally enter the US.

The US could have made other choices that would have eased the burden on Mexico. For example, the Biden administration could have expanded TPS for Haitians or allowed them to enter the US temporarily on what’s called “parole,” a kind of temporary protection from deportation. It could have ended its deportation flights to Haiti and its restrictive border policies, or at least created broader exemptions to them. Instead, it has dumped its responsibilities to Haitians onto Mexico, which is ill-equipped to give them the kind of support they need.

Mexico isn’t meeting Haitians’ humanitarian needs

Before 2019, Haiti migrants apprehended by Mexican immigration authorities were permitted a brief period to leave the country on their own accord, giving them the freedom to travel north to the US border. But things have changed drastically since Mexico ramped up immigration enforcement on its southern border, and that’s causing problems for Haitians stranded in the country.

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  <figcaption>Migrants clash with Mexico National Guard 
members in Tapachula, Mexico, as they walk in a caravan toward Mexico City to request asylum and refugee status in October 2021.

Some 3,000 migrants stuck in Tapachula have been living at a campsite in Tapachula’s Olympic Stadium. They have no access to clean water, food, health care, and other basic services, and share only a few portable toilets. And they have reported being mistreated, arrested in violent and arbitrary manners, and robbed of their money and their phones by Mexican authorities.

Many of them have applied for asylum but are living in uncertainty over their cases due to lengthy backlogs at COMAR, the Mexican refugee agency. Though Mexican law requires that their applications be processed in 90 business days or fewer, COMAR has seen record numbers of applications over the last year.

Mexican Foreign Secretary Marcelo Ebrard has promised to reduce wait times by streamlining the bureaucracy around the asylum process, but has acknowledged that the government simply doesn’t have the staffing and resources to meet the explosion in need. Haitians, for instance, have reported a shortage of Creole translators to conduct asylum interviews.

Mexico takes a broader view of who qualifies for asylum than the US, but COMAR hasn’t taken into account the kind of generalized violence that currently exists in Haiti when issuing decisions in Haitians’ cases. That has meant that less than a quarter of Haitian applicants were ultimately granted asylum in 2021. And without legal status, Haitians say that they have been barred from accessing basic services and employment.

“During the time we have been here, we have suffered from constant acts of discrimination, xenophobia and racism at the hands of Mexican authorities,” the Association of Haitian Refugees in Tapachula wrote in Spanish in a December letter to Mexican immigration officials. “Frequently, our children are not allowed to attend school, we do not have access to hospitals, we cannot work due to lack of legal documents.”

 Guillermo Arias/AFP via Getty Images
Haitian migrants queue to register with the National Commission for Refugees (COMAR) in Tijuana, Mexico, in October 2021.

It’s a similar story in Tijuana. To the extent that there is a support structure for migrants in the city, it has been severely strained amid the implementation of US policies designed to keep them on the Mexican side of the border. That has left Haitians and other Black migrants particularly vulnerable.

A December report by Refugees International that surveyed Haitian migrants in Tijuana found that they were targets for criminals, and had a hard time accessing basic services and finding stable work due to racism and a lack of legal status. Though some have been in Tijuana for so long that they have married Mexicans and now have residency, others came to Tijuana on temporary transit visas that have now expired, or were given humanitarian visas while awaiting decisions on their asylum cases that they can’t renew.

According to the report, Haitians said that they did not go out at night for fear of attack or theft. A total of 15 Haitian people have been killed in Tijuana since 2016.

Without work authorization, Haitians relegated to the informal labor market saw many job opportunities dry up and experienced exploitation during the pandemic. They have reportedly suffered abuse from landlords, with one migrant recounting how she and her husband were evicted after she asked for proof of the water bill. Without stable employment, the vast majority of those surveyed were worried about making rent. And Refugees International found they were half as likely to be treated for illness as compared to Central American migrants, possibly due to language barriers.

These reports show the Mexican government has proven incapable of catering to the humanitarian needs of Haitian migrants. The US does have the resources necessary to do so, as shown by Biden’s TPS extensions. Rather than utilize those resources, the US has managed to evade any responsibility for Haitians trapped in Mexico.

Then-President Trump with Israeli Prime Minister Benjamin Netanyahu in May 2017.

Colleyville is already being deployed in this fashion. In a public letter, Sen. Josh Hawley (R-MO) turned an attack on Jews into an attack on admitting Afghan refugees.

“I write with alarm over reports that the Islamic terrorist who took hostages at a Jewish synagogue in Texas this past weekend was granted a travel visa,” Hawley claims. “This failure comes in the wake of the Biden Administration’s botched withdrawal from Afghanistan and failure to vet the tens of thousands who were evacuated to our country.”

Never mind that the attacker came from Britain, not Afghanistan. Never mind that he was not a refugee. Never mind that Jews are some of the staunchest supporters of refugee admittance in the country, owing to our own experiences as refugees after the Holocaust.

There are also problems like this on the left, albeit less common among mainstream political figures.

Incidents of anti-Semitic violence are mourned and then swiftly deployed in partisan politics, turned into a brief against MAGA America, rather than serving as an opportunity to confront the way many progressives fail to take anti-Semitism seriously as a form of structural oppression. Similarly, Jewish concerns about anti-Israel rhetoric crossing the line into anti-Semitism are ignored or even dismissed as smear jobs. I have had brutal, sometimes even angry conversations with progressive friends and acquaintances on this very topic.

The throughline here is that Jews don’t own their stories; that anti-Semitism means what others want it to mean. And that’s when people pay attention to anti-Semitism at all, which they often do not — except for the few days after incidents like Colleyville.

A common refrain from Jews I know during and after the Colleyville standoff was a sense of total alienation, that they were glued to their phones and TVs while most others had no idea that American Jews were in crisis. It wasn’t that we had been made into object lessons for others, at least not yet; it was that our suffering was barely worth noticing.

What American Jews need from mainstream American society right now is to be listened to, for our fears about rising anti-Semitism to be heard and, once heard, taken seriously on their own terms.

This does not require the false assumption of a monolithic Jewish community, where all of us agree on how to tackle anti-Semitism. What it does require is a mental reorientation among America’s non-Jews: a willingness to reckon with the fact that anti-Semitism remains a meaningful force in American society, one that requires a response both unfamiliar and politically uncomfortable.

Democrats will need to narrow their legislative ambitions

In recent weeks, some Republicans have said they’d be open to considering changes to the Electoral Count Act, which lays out Congress’s role in certifying presidential elections. These changes could clarify that the vice president isn’t able to overturn presidential election results, an act that Trump called on then-Vice President Mike Pence to consider.

Republican leaders, including Senate Minority Leader Mitch McConnell and Sen. John Thune (R-SD), have said they’re open to considering this legislation, an indication that it could garner the GOP votes needed to pass.

But this legislation would do nothing to counter states’ attempts at voter suppression or partisan election administration, and has widely been derided as a distraction by some Democrats who saw renewed Republican support for it as a way to keep moderates from changing the rules.

“I support reforming the Electoral Count Act. That said, reforming the Electoral Count Act will do virtually nothing to address the sweeping voter suppression and election subversion efforts taking place in Georgia, and in states and localities nationwide,” said Sen. Raphael Warnock (D-GA) in a floor speech.

This is not to say that changes to the Electoral Count Act aren’t worth considering, though it does highlight how limited Democrats are when it comes to policies they want to pursue on elections, or any other issue.

Because they need 10 Republicans on board, they’ll need to water down whatever it is they’re interested in, in order to secure adequate GOP support. In some instances, it may be that even a watered-down version of a bill isn’t palatable to enough Republicans, as was the case with Manchin’s voting rights bill.

Whatever policies materialize will probably be much narrower than Democrats had hoped for — they don’t really address the party’s goals on issues like voting rights. That’s the reality the party faces after its filibuster vote, one that severely reduces the policy impact it could otherwise have.

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