Remain in Mexico: Migrants face uphill climb to get out of program

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Remain in Mexico: Migrants face uphill climb to get out of program
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Under the Remain in Mexico program , asylum seekers must live in Mexico while waiting for immigration court hearings.

Vulnerable migrants facing persecution in Mexico are having a difficult time getting out of the Remain in Mexico program because the federal government is limiting their access to attorneys and preventing them from preparing for asylum interviews, according to immigration lawyers and human rights workers.

Local immigration lawyers representing people in the Remain in Mexico program say clients with legitimate safety concerns have been denied the chance to wait in the United States. In one instance, a Honduran man received threatening text messages from the same gang he ran away from. Gang members told the man that they knew he was living in Tijuana and that they were coming for him, according to Luis Gonzalez, supervising attorney for Jewish Family Service of San Diego.

It remains unclear exactly how many people have received fear-of-returning to Mexico interviews and how many have passed. Specifically, the report says the interviews are “flawed” because migrants are asked to meet a high legal standard but are not granted legal representation and due process necessary to meet that standard.

Unlike criminal court, people in immigration court do not have the right to a free attorney. Instead, they have the right to pay for an attorney or find an attorney willing to take their case for free. However, under Remain in Mexico, some migrants with attorneys have to undergo the fear-of-return interviews without their legal representation.

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