An Asylum Seeker’s Journey
In this workshop, we would like for you to walk in the shoes of an asylum seeker during their journey to the United States. We have put together this activity that you can work through and discuss in teams. Scroll down to start reading about the story of Mr. and Mrs. Garcia.
Part 1: The Garcia Family and Why They Are Seeking Asylum
Mr. and Mrs. Garcia are a married couple from Mexico with two young children- Maria (age 5) and Mateo (age 2). They have lived in the state of Guerrero, which is located close to the Pacific Coast, for their whole lives. Unfortunately, over the past few decades, Mrs. Garcia says that more gangs have moved into their communities, causing the area to become very violent. She constantly feels that her family is in danger, especially her two young children who she is afraid will get involved with the gangs in the area. Mr. Garcia notes that lots of gangs have been bringing drugs into the area, especially heroin. He has tried once to report gang activity near their house to the police, but found that many of the police and judges are collaborating with gang members.
Click here to read more information about the current situation in Guerrero, Mexico.
Over the past year, Mr. Garcia has tried to speak out against gangs moving into their neighborhood. He has organized a group of other parents who are also trying to advocate for safer living conditions for their children. This group has organized themselves to try and fight against incoming gangs. They have allied with trustworthy police officers and have obtained weapons to protect themselves. They take turns watching streets in their community for any illegal drug activity, and they make it a point to escort children to the nearest school in the morning. Because of these actions, Mr. Garcia has become the target of several gangs in Guerrero, Mexico. He has received several threatening letters. A month ago, Mrs. Garcia was kidnapped by members of one gang, raped, and released as a warning to Mr. Garcia. At this point, they decide that for their safety they need to flee their home town. They hear that they can seek asylum at the US border if they express fear of returning to their home country.
Discussion: Imagine you are Mr. and Mrs. Garcia, preparing for a journey to the US to seek asylum. What items do you think you need to pack?
Part 2: Journey to the US Border
Mr. and Mrs. Garcia prepare to leave to the United States border with their two young children.
Watch this video below for a depiction of what asylum seekers may face through this journey.
Part 3: Initial Processing
Mr. and Mrs. Garcia reach the US border checkpoint in El Paso, Texas. They meet with a Customs and Border Protection officer, and they explain that they have a fear of returning back to Mexico due to gang violence and threats to their family. They ask for information on how they can seek asylum in the United States. The CBP officer tells them that, because they are crossing the border illegally, they will have to remain in a detention center for at least 48 hours until they are able to explain their circumstances in the Credible Fear Interview. The officer also explains that their children will have to be removed from their custody temporarily while they file for asylum.
Click here to learn about child separation policy under the Trump administration.
After Mr. and Mrs. Garcia are moved to the detention center, they are given an orientation about the credible fear interview and a list of free or low-cost legal services. They are told that they will have at least 48 hours to prepare for this interview.
Scroll through the images below to see a sample of the questions asked during the credible fear interview.
Discussion: How would you prepare for the credible fear interview?
Part 4: In Detention
Mr. and Mrs. Garcia meet for the credible fear interview and are deemed by the ICE officer to have a credible fear of returning to their home country. At this point, they have to compile their asylum claim application to be submitted to the court and reviewed by a judge. Unfortunately, they do not have family in the United States, and therefore, must remain in the detention center until their court date. Their children remain separated from them in another detention center, and thus far, they have been unable to find out where or get in touch with them.
They ask an ICE officer for instructions on how to find their children, and these are the instructions that they are given:
Try to find your children: Tell an ICE officer or contact the DRIL at 1-888-351- 4024 or 9116# or 711 from a TTY machine.
There are a few ways that Mr. and Mrs. Garcia can be released from their detention center - either pay bond or attend a parole hearing conducted by ICE officers. They do not have any money with them, so they decide to try their chances at a parole hearing. Unfortunately, they are unable to obtain a lawyer in time for the hearing.
At parole hearings, the ICE officer is essentially trying to determine whether individuals will be a “flight risk”. Through the course of the hearing, Mrs. Garcia reveals that she fought back and injured a police officer who was working with the gang members when she was kidnapped. Because of this, the ICE officer determines that she may pose a safety risk to the community. They are denied parole. In these parole hearings, the decision is final and cannot be appealed by a judge.
Discussion: Talk with your team about the human rights violations in this story so far.
Part 5: Preparing for Court
Mr. and Mrs. Garcia are taken back to the detention center and are given a date that they will appear in court with an immigration judge.
Many asylum seekers may wait months to years in detention centers before they are able to see an immigration judge.
They continue to contact pro bono laywers while in the detention center, and they are eventually able to find one that will help them put together their case for asylum in the US.
Discussion: What information/evidence do you think needs to be collected prior to their court date?
Here is a list of potential documents that are needed in an asylum case:
one original and one copy of your declaration
one original and one copy of declarations from friends or family who witnessed how you were harmed or threatened in your home country
one original and one copy of an expert declaration from a medical expert who has examined you for evidence of physical abuse you suffered in your country
one original and one copy of an expert declaration from a psychologist or psychiatrist who has examined you for evidence of emotional problems you are suffering as a result of harm you suffered in your country
one original and one copy of an expert declaration from a human rights activist or an academic who is familiar with human rights abuses in your country
one original and one copy of country-conditions reports and any news clippings explaining human rights abuses in your country and what had happened to you
any other materials that confirm what had happened to you in your home country, including photographs that show how you were harmed, threatening letters, newspaper articles describing how you were harmed, official government documents, and so forth.
Identification documents: Passports, $50, birth certificate/national identity card/drivers license, marriage certificate
And more…
Part 6: Conclusion
The fate of asylum seekers across the US is largely dependent on the particularly court to which they are assigned. Please take a look at the link here to see how the chances of being granted asylum differ across the country.
Here’s an overview!
