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See the ChronologyImmigration Policy
July 22, 2019
Can U.S. officials restore order at the Southern border?
By Val Ellicott
The number of Central American migrant families seeking
asylum at the U.S.-Mexico border has surged to
historic levels, leading to overcrowding at migrant detention
centers and reports of hungry children living in
filthy conditions at border stations. President Trump’s critics
blame his immigration policies, including his efforts
to make it more difficult for migrants to win asylum. The
president counters that Democratic lawmakers are at
fault for refusing to close loopholes in immigration law that he

says allow many migrants to enter the country
without proper vetting. Administration officials have taken
aggressive steps to deter migrants from traveling to
the border, largely by making it harder for them to win asylum,
but courts have blocked some of those efforts.
Yvonne Nieves of El Paso, Texas, demonstrates on June 27 in
front of a U.S. Border Patrol
station in Clint, Texas, where lawyers said detained migrant
children were being held in filthy
conditions. Border Patrol officials disputed their account.
(Getty Images/Mario Tama)
Hispanic migrants, mostly from Central America, continue to
overwhelm U.S. immigration facilities along the
border with Mexico, creating what federal officials describe as
a humanitarian and border security crisis.
In June, immigration officials took 104,334 migrants into
custody at the border, marking the fourth consecutive
month the number has topped 100,000. The number of migrants
detained in June was 28 percent below the
144,278 taken into custody in May, which U.S. officials said
reflects efforts by Mexico to crack down on
northward migration from Central America. May’s number was
the highest monthly total since March 2006. It
encompassed 132,887 migrants who crossed the border without
documents and 11,391 deemed inadmissible
at a U.S. port of entry. Honduran and Guatemalan families with
children led the surge.
“We are bursting at the seams,” Randy Howe, executive director
of operations at the U.S. Customs and Border
Protection’s (CPB) Office of Field Operations, said in June.
“It’s unsustainable and this can’t continue.”

The surge has filled border detention centers beyond capacity
and left U.S. officials struggling to meet
migrants’ medical needs. In June, Immigration and Customs
Enforcement (ICE) officials ordered more than
5,000 adults quarantined after outbreaks of mumps and
chickenpox at migrant detention facilities.
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At least six migrant children have died in U.S. custody since
September. One child had a history of medical
problems before arriving at the border and one died of unknown
causes. Causes of death in the other cases
were a bacterial infection, the flu, complications from
pneumonia and a brain infection of unknown origin.
Central American families and unaccompanied minors fleeing
violence and poverty in their home countries and
seeking asylum in the United States now account for about 60
percent of those detained at the border. That
marks a shift from a few decades ago, when most undocumented
border-crossers were single men from
Mexico looking for work. May marked the fourth month in a
row that the number of family members
apprehended crossing the border — 84,542 that month — set a
record. Families seeking asylum present a
special challenge to immigration officials because of due
process requirements that guarantee their requests
will be reviewed, preventing their immediate deportation.

That challenge increases with families that include children.
Under a 1997 federal court settlement known as
the Flores agreement, the Border Patrol has 72 hours to turn
unaccompanied migrant children — including
children whose parents were detained after entering the United
States without documents — over to the
Health and Human Services Department (HHS). The
department’s Office of Refugee Resettlement is then
responsible for finding and vetting a U.S. sponsor for each child
— typically the child’s closest relative in the
United States. But HHS said it has run out of space at its
shelters, and Office of Refugee Resettlement officials
said in June they were close to running out of money.
On June 28, U.S. District Judge Dolly Gee in California ordered
an independent monitor to act quickly to make
sure migrant children are receiving proper treatment at border
facilities. Her order came after lawyers
authorized under the Flores agreement to inspect conditions at
those facilities said children at a Border Patrol
station in Clint, Texas, were living in filth with inadequate
food, and that some as young as 7 were caring for
toddlers from other families who had become separated from
their parents. The Flores agreement requires
“safe and sanitary” living conditions for migrant children in
U.S. custody.
Border Patrol officials have disputed accounts of inhumane
conditions for migrant children, saying the children
are treated well and have enough to eat.
The inspector general for the Homeland Security Department
reported in May and July that border facilities are
dangerously overcrowded, with detainees “held in standing-
room-only conditions for days or weeks” and
hundreds of children detained beyond the 72-hour limit. The

country’s immigration court system is similarly
overwhelmed and faces a backlog of more than 850,000 cases.
Even so, the number of migrants crossing the border illegally is
below historic highs. Authorities are on track to
detain about 1 million migrants at the U.S.-Mexico border this
fiscal year (which ends September 30), nearly
triple the 397,000 detained in fiscal 2018. But in fiscal 2000,
authorities reported 1.64 million apprehensions,
including 220,063 in March 2000 alone.
Political Battles
Trump and administration officials blame congressional
Democrats for the squalid conditions at migrant
detention centers, saying Democratic lawmakers held up action
on legislation to provide $4.6 billion in
humanitarian aid for migrants detained at the border.
The Senate passed that aid package on June 26 and the House
followed suit the next day after House
Speaker Nany Pelosi, D-Calif., dropped her demands to amend
the Senate bill. Pelosi had wanted to add
provisions that would have limited how the administration could
use the money and added protections for
migrant children.
In the larger immigration debate, Trump has called many
asylum claims a “big fat con job” and said his border-
related actions aim to avert an “invasion” of migrants, including
many criminals. The president wants to
eliminate laws and policies that he and his supporters say invite
cheating by migrants who know that if they
seek asylum based on a “credible fear” of persecution in their
home countries, they will likely be released into
the United States while the government assesses their claims.

“These are people that don’t have any legitimate claim for
asylum,” says Mark Kirkorian, executive director of
the Center for Immigration Studies, a conservative group in
Washington that advocates for limits on
immigration.
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President Trump on March 15 vetoes congressional legislation
that rejected his declaration of

a national emergency on the U.S.-Mexico border. Trump issued
the emergency order as a
way to free up money for construction of a wall along the
border. (Getty Images/Al Drago)
Trump’s critics, however, say his policies reflect a callous
disregard for the dangers that many migrants
experience in their home countries, especially where gang
violence is endemic. Tom Jawetz, vice president of
immigration policy at the liberal Center for American Progress,
says “cruelty and chaos” define the
administration’s immigration policies. He disputes Trump’s
assertion that most asylum seekers never show up
in court after their release.
“The actual data show that 90 percent are appearing for their
court dates, so we should be enhancing due
process and restoring the rule of law,” Jawetz says.
Congressional Democrats agree, saying Trump’s immigration
policies are to blame for the crush of migrant
families at the border. “It became a crisis because the
administration is intent on eroding asylum protections
and incarcerating as many people as possible,” said Rep.
Veronica Escobar, D-Texas.
Administration Actions
Trump, who promised during his 2016 campaign to limit
immigration, has acted aggressively in recent months
to limit the number of undocumented migrants allowed into the
country and to discourage others from traveling
to the border to seek asylum. Some of those actions have
focused on making changes within the Homeland
Security Department that Trump says reflect his desire for “a
tougher direction” on border policies.

Homeland Security Secretary Kirstjen Nielsen was forced out of
her job in April after resisting Trump’s more
stringent efforts to curtail the asylum process for migrants, and
Trump has replaced other top officials at the
department. On June 25, John Sanders, acting head of CPB,
announced he would step down July 5. He was
replaced by Mark Morgan, formerly the acting director of ICE,
who has supported Trump’s calls for raids to
deport undocumented families in the United States. “I
understand what I want,” Trump said of the Homeland
Security staff. “And we’re starting to get there.” In June, Trump
appointed former Virginia Attorney General
Ken Cuccinelli as acting director of the U.S. Citizenship and
Immigration Services, which administers policies
pertaining to legal immigration, after forcing out the agency’s
previous head, L. Francis Cissna. The acting
status allows Cuccinelli, who has adopted Trump’s use of the
term “invasion” to describe immigrants seeking
asylum, to avoid vetting by the Senate. Trump and his
administration have taken a variety of other recent
actions on immigration, although the courts have blocked some
of those efforts:
On July 15, the Trump administration announced new rules that
deny asylum protection to migrants
who do not apply for such protection in any of the countries
they pass through while traveling north.
The policy, among the most restrictive immigration steps the
administration has taken, effectively
removes asylum in the United States as an option for almost all
Central American migrants traveling to
the Southern Border. The American Civil Liberties Union
(ACLU) filed suit the next day to overturn the
new rules.
In February, after Congress refused to approve funding for

border wall construction, Trump declared a
national emergency at the Southwest border in order to divert
billions of dollars from the Pentagon to
pay for the work. The declaration followed a record 35-day
partial government shutdown over Trump’s
demands for $5.7 billion in border-wall funding. Trump said a
border wall would deter potential border-
crossers, but critics said a wall would do nothing to stop the
thousands of migrants who voluntarily
surrender to immigration authorities and request asylum at legal
entry points.
Trump directed administration officials to develop new rules to
ban people who cross the border
illegally from obtaining a work permit, require asylum-seekers
to pay an application fee and require
adjudication of asylum cases within 180 days. Historically, such
cases have taken years to resolve. In
addition, an administration program called the Migrant
Protection Protocols, created in December, has
sent thousands of migrants to Mexico to wait there while their
asylum claims are processed.
The president threatened to close the 2,000-mile Southwest
border and to impose tariffs on Mexican
imports unless Mexico acts aggressively to keep undocumented
immigrants from traveling to the
border. Trump backed off on both threats, and Mexico agreed to
deploy troops to help stem the flow of
migrants crossing its territory and to expand the Migrant
Protection Protocols program.
Administration officials have denied asylum to migrants who
enter the country illegally and have
eliminated bail as an option for thousands of jailed migrants
seeking asylum. They also have ordered

asylum officers to be more skeptical in assessing asylum-
seekers’ claims that they would face danger if
returned to their home countries.
In June, the administration said it was cutting hundreds of
millions of dollars in aid to El Salvador,
Honduras and Guatemala, a move that followed comments from
Trump that the three countries have
done little or nothing to curb the flow of migrants seeking
refuge in the United States. Congressional
Democrats and immigrants’ rights advocates say such aid should
be expanded, not cut, to improve the
living conditions that cause people in those countries to seek a
better life in the United States.
“The administration’s constant and erratic threats to end foreign
aid is only going to make it more difficult for
struggling countries to create conditions that allow people to
thrive where they are,” Jawetz says.
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Administration officials also had said that, beginning July 14,
they would round up and deport about 2,000
immigrant families who are living in the country without
documents. But it was unclear the next day whether
any raids actually took place.
In addition to his actions at the border, Trump in May laid out a
new merit-based legal immigration policy that
would show preference to highly skilled workers. The president
said the changes are designed to overturn
policies that favor low-skilled workers and “discriminate
against brilliance.”
Democrats in Congress and immigrants’ rights groups sharply
criticized the plan. Lisa Koop, director of legal
services at the National Immigrant Justice Center, a group in
Chicago that advocates for immigrants, called it
“a political stunt intended to posture rather than problem-
solve.”
Court Rulings
On June 18, a Trump administration attorney told a three-judge
panel on the Ninth Circuit Court of Appeals
that the Flores settlement does not require immigration officials

to provide soap, toothbrushes or other basic
hygiene items to migrant children detained at the border, or to
give them beds to sleep in.
Sarah Fabian, an attorney for the Justice Department, made the
statements while arguing that District Judge
Gee erred when she ruled in 2017 that CPB officials had
violated the settlement in 2016, during the Obama
administration. Fabian said Gee had added requirements that
were not part of the original settlement. But the
three judges on the Ninth Circuit panel, all appointed by
Democratic President Bill Clinton, appeared
unconvinced.
“You’re really going to stand up and tell us that being able to
sleep isn’t a question of safe and sanitary
conditions?” Judge Marsha Berzon told Fabian.
Many of Trump’s other immigration actions also have sparked
court challenges. In May, a three-judge panel of
the Ninth Circuit Court of Appeals ruled that the
administration’s Migrant Protection Protocols program can
continue while challenges play out in court. And a federal
appeals court ruled in April that migrants detained by
immigration authorities do not have the right to be held in the
same state as their children or to receive visits
from their children while in detention.
Other judges have temporarily barred Trump’s administration
from denying asylum to migrants who enter the
country illegally and have ruled that migrants who fail to
initially qualify for asylum have the right to appeal that
decision in U.S. courts. On July 2, a federal judge in Seattle
blocked the administration’s policy of denying bail
for asylum seekers.

In other recent court decisions:
A federal judge in California issued a preliminary injunction in
May, in a suit bought by the American
Civil Liberties Union, blocking Trump’s plan to use $1 billion
in Pentagon money to finance border wall
construction. U.S. House Democrats filed a similar suit, but a
judge dismissed it on June 17, saying the
Democrats lacked standing. The May court action followed
Trump’s veto (the first of his presidency) of
legislation overturning his declaration of an emergency to
obtain money for a border wall.
A federal judge in San Francisco temporarily blocked the
administration in November from rejecting
asylum claims from migrants who cross the Southwest border
without documentation.
A U.S. District judge ruled in October that the administration
cannot, at least for now, end Temporary
Protected Status (TPS) for immigrants from El Salvador,
Nicaragua, Haiti and Sudan. TPS extends
legal status to immigrants from countries affected by problems
such as wars or natural disasters.
Federal courts also have rejected Trump’s attempts to end the
Deferred Action for Childhood Arrivals program,
which bars deportation as an option for people (known as
dreamers) who were brought to the country without
documentation as children. On June 28, the Supreme Court said
it will consider whether those lower court
decisions were correct.
Protection for Dreamers has bipartisan support in Congress. On
June 4, the House passed legislation that
would provide Dreamers with a path to citizenship, with seven

Republicans breaking ranks to support the bill.
But Trump has said he would veto the measure, and GOP Senate
leaders are widely viewed as unlikely to
challenge him by bringing up similar legislation introduced in
March by Sens. Lindsey Graham, R-S.C., and
Richard Durbin, D-Ill.
The 2020 presidential campaign, meanwhile, could serve as a
referendum on Trump’s controversial efforts to
remake the nation’s immigration system, immigration experts
say.
“The political challenge [Trump] faces is to demonstrate to
voters that he is, in fact, doing everything he can
do, and it’s Democratic obstruction that’s the cause of the
continuing crisis,” Kirkorian says. “Can the president
make that case successfully to swing voters?”
Twenty-three Democratic presidential candidates support a
pathway to citizenship for the approximately 11
million immigrants living in the country without documents. At
least 12 contenders would repeal criminal
penalties for people detained after crossing the border; at least
19 support eliminating or limiting detention for
migrants families seeking asylum; and at least 12 say all
undocumented immigrants should be covered under
a government-run health care plan.
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Chronology
2018
October President Trump orders 5,000 troops to U.S.-Mexico
border as a caravan of
asylum-seeking migrants travels north from Central America.

December Homeland Security officials say number of migrants
seeking asylum increased
nearly 70 percent from 2017.
2019
January A record 35-day government shutdown ends after
Trump backs down on demand
for billions of dollars to finance border-wall construction.
February Trump declares a national emergency at Southwest
border to bypass Congress
and obtain border wall money.
March Congress votes to overturn the emergency declaration,
but Trump issues veto.…
Trump threatens to close Southwest border unless Mexico stops
migrants from
illegally entering U.S.
April Homeland Security Secretary Kirstjen Nielsen resigns
after resisting some of
Trump’s immigration actions.… Trump calls for tightening
asylum rules, including
denying work permits to migrants crossing the border without
documentation.
May Border detentions top 100,000 for third consecutive
month.… Federal officials
reveal the previously unreported death of an El Salvadoran girl,
bringing to six the
number of migrant children who have died in U.S. custody since
September.…
Trump threatens to impose tariffs on Mexican goods in response
to increasing
number of migrants at border.… Appeals court says

administration may continue
requiring asylum-seekers to wait in Mexico.
June Administration cuts aid to El Salvador, Guatemala and
Honduras after Trump
says the countries have not acted to control migration to the
U.S.… Lawyers
describe shocking conditions for migrant children held in
detention centers.…
Acting Customs and Border Patrol Commissioner John Sanders
announces
resignation.… Congress approves $4.6 billion in humanitarian
aid for migrants
held at border.
July Trump administration announces new policy denying
asylum to migrants who
have not applied for asylum in another country they passed
through while
traveling to the U.S.-Mexico border.
Footnotes
[1] Nick Miroff and Maria Sacchetti, “U.S. has hit ‘breaking
point’ at border amid immigration surge, Customs
and Border Protection chief says,” The Washington Post, March
27, 2019, https://tinyurl.com/y4cv2dfc.
[2] Nick Miroff, “Border arrests drop as Mexico’s migration
crackdown appears to cut crossings,” The
Washington Post, July 9, 2019, https://tinyurl.com/yyaqhhrn;
“Total Illegal Alien Apprehensions By Month,” U.S.
Border Patrol, undated, https://tinyurl.com/y6mo75eb; and Nick
Miroff, “Arrests along Mexico border surged
again in May, blowing past ‘breaking point,’ ” The Washington

Post, June 5, 2019, https://tinyurl.com/yylryqdx.
[3] Alan Gomez, “Border Patrol apprehended record number of
migrant families in May as Trump threatens
Mexico,” USA Today, June 5, 2019,
https://tinyurl.com/y47w7ar2.
[4] Rafael Bernal, “Thousands of migrants in ICE custody under
quarantine for mumps, chicken pox exposure,”
The Hill, June 14, 2019, https://tinyurl.com/yyzdhsvd.
[5] Dianne Gallagher and Kate Sullivan, “Feds say a sixth
migrant child died while in the care of authorities in
September,” CNN, May 23, 2019, https://tinyurl.com/y67fcgc5;
Anna-Catherine Brigida, “‘He Went Seeking Life
But Found Death.’ How a Guatemalan Teen Fleeing Climate
Change Ended Up Dying in a U.S. Detention
Center,” Time, May 13, 2019, https://tinyurl.com/yyqz7dxo.
[6] “U.S. Border Patrol overwhelmed by large groups of migrant
families,” Reuters, Feb. 8, 2019,
https://tinyurl.com/y38xtfgz.
[7] Gomez, op. cit.; Anna Giaritelli, “Trump’s top Border Patrol
official explains the two crises America faces at
the border,” Washington Examiner, Feb. 26, 2019,
https://tinyurl.com/yyfktmwa; and Katie Benner and Charlie
Savage, “Due Process for Undocumented Immigrants,
Explained,” The New York Times, June 25, 2018,
https://tinyurl.com/y4pt92yj.
[8] Abigail Hauslohner, “U.S. returns 100 migrant children to
overcrowded border facility as HHS says it is out
of space,” The Washington Post, June 25, 2019,
https://tinyurl.com/y6jo23y2; Camila Domonoske and Richard
Gonzales, “What We Know: Family Separation And ‘Zero

Tolerance’ At The Border,” NPR, June 19, 2018,
https://tinyurl.com/yxrb92x8; and Dara Lind, “The horrifying
conditions facing kids in border detention,
explained,” Vox, June 25, 2019, https://tinyurl.com/yxcrmjub.
[9] Miriam Jordan, “Judge Orders Swift Action to Improve
Conditions for Migrant Children in Texas,” The New
York Times, June 29, 2019, https://tinyurl.com/y4du4cm4;
Caitlin Dickerson, “ ‘There Is a Stench’: Soiled
Clothes and No Baths for Migrant Children at a Texas Center,”
The New York Times, June 21, 2019,
https://tinyurl.com/y42xg62r.
https://tinyurl.com/y4cv2dfc
https://tinyurl.com/yyaqhhrn
https://tinyurl.com/y6mo75eb
https://tinyurl.com/yylryqdx
https://tinyurl.com/y47w7ar2
https://tinyurl.com/yyzdhsvd
https://tinyurl.com/y67fcgc5
https://tinyurl.com/yyqz7dxo
https://tinyurl.com/y38xtfgz
https://tinyurl.com/yyfktmwa
https://tinyurl.com/y4pt92yj
http://tinyurl.com/y6jo23y2
https://tinyurl.com/yxrb92x8
http://tinyurl.com/yxcrmjub
https://tinyurl.com/y4du4cm4
https://tinyurl.com/y42xg62r

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[10] Robert Moore, “Border Patrol argues child treatment at
Clint migrant facility not as described, gives access
to Texas station.” The Washington Post, June 26, 2019,
https://tinyurl.com/y44hckjd.
[11] “Management Alert-DHS Needs to Address Dangerous
Overcrowding Among Single Adults at El Paso Del
Norte Processing Center (Redacted),” Office of Inspector
General, May 30, 2019, https://tinyurl.com/yxtalj9y;
“Management Alert-DHS Needs to Address Dangerous
Overcrowding and Prolonged Detention of Children
and Adults in the Rio Grande Valley (Redacted),” Office
Inspector General, July 2, 2019,
https://tinyurl.com/y4t5gxmd; and Nick Miroff and Maria
Sacchetti, “Burgeoning court backlog of more than
850,000 cases undercuts Trump immigration agenda,” The
Washington Post, May 1, 2019,
https://tinyurl.com/yx9vc9vt.
[12] “Migration FY2019,” U.S. Customs and Border Protection,
July 10, 2019, https://tinyurl.com/l5p7rgq; “Total
Illegal Alien Apprehensions By Month,” op. cit.
[13] Erica Werner, Mike DeBonis and Rachael Bade, “House
passes $4.6 billion border bill as leaders cave to
moderate Democrats and GOP,” The Washington Post, June 27,
2019, https://tinyurl.com/y6g7qnud.
[14] Maria Sacchetti, “U.S. asylum process is at the center of
Trump’s immigration ire,” The Washington Post,
April 9, 2019, https://tinyurl.com/yyejmsy4; Michael D. Shear,
Mirian Jordan and Manny Fernandez, “The U.S.
Immigration System May Have Reached a Breaking Point,” The
New York Times, April 10, 2019,

https://tinyurl.com/y25hkvkz.
[15] Susan Ferrechio, “Top Democrat blames Trump for border
crisis, accuses GOP of ‘cult’ behavior,”
Washington Examiner, June 25, 2019,
https://tinyurl.com/y4wpswdj.
[16] John Fritze and Michael Collins, “Nielsen resignation:
What does Trump’s ‘tougher direction’ immigration
plan look like?” USA Today, April 9, 2019,
https://tinyurl.com/y5bnos3j.
[17] Zolan Kanno-Youngs and Maggie Haberman, “‘A Constant
Game of Musical Chairs’ Amid Another
Homeland Security Shake-Up,” The New York Times, June 25,
2019, https://tinyurl.com/y4pkqdyw.
[18] Hamed Aleaziz, “Trump’s New Immigration Services Chief
Took A Hard Line On Immigrants’ Children,”
BuzzFeed, June 10, 2019, https://tinyurl.com/y4cso5ks; Joel
Rose, “Trump Administration Taps Hard-Liner
Cuccinelli For Top Immigration Job,” NPR, June 10, 2019,
https://tinyurl.com/y27sbo9o; …

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