TUCSON, Ariz. (AP) — Inside a complex of large white tents in Tucson, Arizona, migrants are being informed in multiple languages about their right to express fear of deportation. Posters and videos in English, Spanish, Mandarin, and Hindi emphasize that migrants should speak up if they are afraid of being deported, and their claims will be heard.
Border Patrol agents at the Tucson holding facility, breaking from a long-standing practice, no longer ask migrants if they fear deportation. This change was implemented as part of the temporary suspension of asylum at the border by President Joe Biden's administration on June 5. Migrants are now required to voluntarily disclose their fears of deportation.
Immigration advocates have labeled this new approach as the “shout test,” indicating that migrants must vocally express their fears. However, agents are trained to recognize signs of distress such as crying, shaking, or changes in tone of voice, and to refer migrants for screening if such signs are observed. Failure to pass the screening can result in immediate deportation.
The Biden administration views this change as critical, as migrants are more likely to disclose their fears if prompted with a direct question. Homeland Security Secretary Alejandro Mayorkas emphasized that agents are trained to identify migrants showing any signs of fear and that clear guidelines are in place for this purpose.
If migrants pass the screening process, they may be allowed to stay in the U.S. to pursue protections similar to asylum, in compliance with U.S. and international laws against sending individuals to countries where they may face persecution or torture.
However, concerns have been raised by immigration advocates who argue that migrants displaying signs of fear may be overlooked. Instances have been reported where migrants were not screened despite showing signs of distress, leading to their deportation without proper consideration of their circumstances.
The new procedures also present additional challenges for migrants, including a shorter window of four hours to contact an attorney from the holding facility, compared to the previous 24-hour timeframe. Migrants without legal representation are provided with a list of free legal service providers, but the limited timeframe and availability of attorneys pose obstacles for many.
Despite efforts by organizations such as RAICES and the Immigrant Defenders Law Center to assist migrants in navigating these changes, concerns remain about the impact on vulnerable individuals seeking asylum in the U.S.
