Migrants at US-Mexico border await ruling on asylum limits

EL PASO, Texas (AP) — Francisco Palacios waited for four hours with his wife and 3-year-old daughter at a border crossing between Tijuana and San Diego early Wednesday before going to a nearby hotel for a three-hour nap. They came back, bags packed, only to be disappointed again.

But the family from the western Mexican city of Morelia is prepared to wait for the U.S. Supreme Court to decide whether and when to lift pandemic-era restrictions that have prevented many from seeking asylum, said Palacios.

“We don’t have a choice,” Palacios said in Spanish, explaining that his family arrived in Tijuana two weeks ago to escape violence and gangs that extorted them for years for a chunk of their income selling fruit from a street cart.

They’re among thousands of migrants gathered along the Mexican side of the border, camping outside or packing into shelters as the weather grows colder.

The limits on border crossings had been set to expire Wednesday before conservative-leaning states sought the top court’s help to keep them in place. The Biden administration asked the court to lift the restrictions, but not before Christmas. It’s not clear when the court’s decision will come.

The Texas National Guard took up positions in El Paso, while volunteers and law enforcement officers worried that some migrants could succumb to the cold. Nighttime temperatures have been in the 30s and will be even colder in coming days. The Roman Catholic diocese of El Paso, where nighttime temperatures are forecasted to be in the 20s this week, plans to open two more shelters for up to 1,000 people at area churches.

Jhorman Morey, a 38-year-old mechanic from Venezuela, warmed his hands by a campfire with a half-dozen other migrants on the southern side of the Rio Grande. He said he was waiting for a decision on the restrictions before attempting to cross into the U.S. Other migrants waded through shallow waters toward a gate in the border fence.

“I want them to decide” on the public health rule known as Title 42, said Morey, who arrived six weeks ago in the Mexican city of Juarez, across the border from El Paso. He now rarely eats after exhausting his savings.

Hundreds of migrants remained in line in Juarez. Others slept along the concrete embankments of the Rio Grande. A nearby shelter reached its capacity Tuesday night, stranding many outside.

As crowds gathered on the banks of Rio Grande, 1st Sgt. Suzanne Ringle said one woman went into labor and was assisted by Border Patrol agents. She added many children were among the crowd.

In Tijuana, which has an estimated 5,000 migrants staying in more than 30 shelters and many more renting rooms and apartments, the border was quiet Tuesday night as word spread among would-be asylum-seekers that nothing had changed. Layered, razor-topped walls rising 30 feet (9 meters) along the border with San Diego make the area daunting for illegal crossings.

Under the restrictions, officials have expelled asylum-seekers inside the United States 2.5 million times, and turned away most people who requested asylum at the border, on grounds of preventing the spread of COVID-19.

Immigration advocates have said the restrictions go against American and international obligations to people fleeing to the U.S. to escape persecution, and that the pretext is outdated as coronavirus treatments improve.