Daily Times

Posters inside a complex of giant, white tents tell migrants in English, Spanish, Mandarin and Hindi they should tell an officer if they fear being deported and “your claim will be heard.” On a side wall where migrants are seated in a processing area, a video conveys the same message on a loop.

Breaking from a practice in effect since 1997, Border Patrol agents at the holding facility in Tucson, Arizona, and throughout the country no longer ask migrants if they fear deportation. President Joe Biden´s administration temporarily suspended asylum at the border June 5 and, as part of that move, agents do not ask about fears. Migrants must bring it up themselves. Immigration advocates call it the “shout test” – suggesting migrants must shout their fears – though agents are taught to respond to other signs of distress, such as crying, shaking or a change in tone of voice and to refer migrants for screening if the behavior appears genuine. Anyone not screened can be immediately deported.

It is unclear to what extent the “shout test” is responsible for a decline in border arrests of more than 50% since asylum was halted, a welcome development for Biden as he faces Republican attacks of letting the border spiral out of control.

But administration officials said it is a critical change because migrants are more likely to say they fear deportation if prompted with a question. Homeland Security Secretary Alejandro Mayorkas said strong guidelines are in place for agents to identify migrants exhibiting any signs of fear. Posters at holding facilities explain the new procedures and videos are shown at larger ones, such as Tucson.

“We train, we refresh the training, we are in constant dialogue with our personnel,” Mayorkas said in an interview. “We are abiding by our international and humanitarian obligations.” If they pass screening at a higher standard, migrants can stay in the U.S. to pursue protections similar to asylum, like those under the United Nations Convention Against Torture. In doing so, the administration argued it is complying with U.S. and international law prohibiting sending people to countries where they face persecution or torture.

Immigration advocates say migrants showing signs of fear can easily be overlooked. The Center for Gender & Refugee Studies, which has sued the administration over the asylum halt, said 51 of the 97 families it interviewed in 2020, when the “shout test” was briefly in effect during the COVID-19 pandemic, said they spoke to agents about fears of deportation and another 21 expressed nonverbal cues but none were screened.

Araceli Martinez, 32, told The Associated Press that she feared returning home with her 14-year-old daughter to a physically abusive husband, but no one asked her at the Tucson facility about why she came and she didn´t know that she had to speak up until it was too late. She was deported to Nogales, Mexico, last month.

Another Mexican, Christian Gutierrez, said he told officials he wanted to claim asylum during three days in custody in San Diego but it was futile.

“They completely ignored me,” Gutierrez, 26, told the AP while sitting on a bench in Tijuana, Mexico, after being deported. “They didn’t give me an opportunity.”