Wednesday the 29th of January marks the one year anniversary of the "Remain in Mexico" program. Since then, there are thousands upon thousands of asylum seekers who are not allowed to enter the US to await for their court proceedings, and have to fend for themselves in the streets of one of the most dangerous places on the planet. As a defiance to this momentous date, many people from around Texas showed up at the courts in San Antonio to perform what is called "court monitoring". Visitors are free to watch the immigration court proceedings, which are run in various rooms at 800 Dolorosa #300, San Antonio, TX 78207. One just has to go through a security check and bring no weapons, and have cel phones turned off. We were invited to arrive at either 8am for morning cases or 1pm for afternoon cases. I was bracing for the worst when I sat down at Judge Santander's court. The video monitor on the side of the room displayed a quiet, a lifeless room with rows of empty chairs, and a handful of people sitting on one side. When called by the judge (via interpreter), each person or family approached the table in the front of their room to speak directly to the judge. A family of four in which one of their personal case files was accidentally deleted by the government attorney, and therefore nothing could move forward until their case was filed again. A single young woman lucky to have an attorney (called by the judge on the phone) who is minding her case. A husband, wife holding a newborn from Venezuela also lucky to have an attorney, the baby probably born mid fleeing. A young boy with no parents and no attorney, requesting more time to find legal help. A couple of young lads from Cuba, stating they had all their paperwork and did not need an attorney, just hopeful to set their trial date. A mother with four children, telling the judge if she is deported she CANNOT go back to Honduras, ever. It all appears quite normal and mundane from our side. Judge Santander is known for being caring and compassionate (not all judges are). He takes his time with each case, asking the human on the other side if they are doing ok. Making sure they understand and listening carefully to their questions so that nothing is misunderstood. He gives each person an understanding that the law will be upheld for each case, and that asylum rules are very specific. Yet you can tell he cares and has a heart. What we don't see is that, after each human leaves the room, with their papers and their stories, they are taken back to Nuevo Laredo, and most likely tuck themselves away under a makeshift tent on the sidewalk. With each legal bump, missing file, improperly filled out paper, non-notarized translation, 3 more months are added until the next opportunity for a fix. Three more months trying to survive on the streets. The dangers of this situation are illustrated on one of the cases we observed. A boy appeared alone. The judge seemed concerned about him, he was not with his mother, who is listed in his asylum case file. When he talks, he says: "My mother has been missing for about ten days now. I don't know where she is." The judge asks, concerned, "Have you contacted the police?" "No," says the boy. Something tells me that may be a laughable question for the foreign homeless refugees in Nuevo Laredo. "Do you have a place to stay?" asks the judge. "Yes, I am staying with a family that is helping me." His court date is set for April 13. "I have a question Judge, shall I still come on the 13th if my mother is not found?" The judge knows it's a good question. He thinks. He says yes. The boy says ok. In Nuevo Laredo, if a defenseless woman is missing, there is a good chance they have been kidnapped, raped or murdered. So, why watch these trials? Why is this work important? First of all, this immigration crisis is happening right under our eyes. The trials, the remain in Mexico crisis, the detentions, the family separations. But we just usually hear about it in the news or see a blurb on Facebook. It is only by witnessing the real humans and their stories, that the invisible become visible. That our heart really opens. That we really understand. Another reason is that, when Americans watch the proceedings, the judges know they are being observed, and can potentially act more human, which is never a bad thing for the people on the other side. Also, when properly trained, court monitors gather data on the trials, which can be used to see if any irregularities are being committed, and to gather data on the system. This data can be used against abuses and for the country to understand what is going on. Being a testimony to the process is a big step becoming an advocate for immigrant rights. I urge people who live near immigration courts to take a few hours off their day to make up their own minds about how the system is working, and hopefully to start working to help make things better.
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AuthorDaniela Weil is a kids' writer/illustrator who lives in Austin, and a member of Congregation Beth Israel. Daniela works as a volunteer there and for RAC-Tx. Archives
February 2020
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