For the first time, an immigration judge has granted asylum to a migrant who had been returned to Mexico under a Trump administration program. But the Department of Homeland Security may send him back to Mexico anyway, said the man's lawyer.
Robyn Barnard, an attorney with the group Human Rights First, said she hasn’t heard from her client since he was taken into custody Tuesday afternoon after they had won his case.
Judge Rico Bartolomei, an assistant chief immigration judge, found that the Honduran government is unable and unwilling to protect Alec from that persecution, Barnard said. For Central Americans fleeing gang violence, proving that element under asylum law is difficult but necessary to win protection.Then, according to Barnard, the judge turned to the attorney representing DHS in the case and asked whether she wanted to consider appealing his decision. She said yes.
Bartolomei reiterated his order that Alec be allowed into the United States. He asked Barnard for her response.Barnard said she gave a brief plea, emphasizing that Alec had followed U.S. law throughout the process, that he had already waited six months in Tijuana and that a local community member had already agreed to provide him housing. She promised to personally ensure that he follow any and all conditions put on him by DHS if he were released.“He was very emotional,” Barnard said.
Barnard said the government’s actions raise questions about the real reason for the Remain in Mexico program.
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