Immigration and human rights advocates aren’t mincing words about the Biden administration’s decision to deport Venezuelan migrants by air to their economically troubled homeland, calling the practice cruel, inhumane and a violation of U.S. and international asylum law.
The deportation flights began Oct. 18 when 130 immigrants were flown from the border city of Harlingen, Texas, to the Venezuelan capital of Caracas. U.S. officials said the passengers all had entered the United States illegally and the policy is part of a response to overall increases in illegal crossings.
Activists who support humane immigration and asylum policies said the administration’s stated plan to send multiple flights to Venezuela is merely the president’s latest effort to criminalize those seeking refuge from persecution and economic hardship abroad.
“It is shameful that the Biden administration once again is choosing to punish people for seeking a better life,” said Melina Roche, campaign manager for #WelcomeWithDignity. “People seeking safety should not need an American sponsor or an appointment. This is yet another way the Biden administration is limiting and restricting access to asylum at the border in violation of international asylum law.”
Venezuelan deportees face economic adversity and possible persecution upon their return to the country, said Andreina Zuluaga, a delegate to the Refugee Congress. “Venezuela has been in a critical socio-economic-political and humanitarian crisis for decades, and that’s why our fellow citizens fled the country. Venezuelans have been displaced, and the majority of them have been forced to do so. Getting people back to Venezuela is not going to help the crisis.”
Authorities say the flights are a necessary response to a recent surge in illegal border crossings overall and more so among Venezuelans, now the leading nationality arrested for entering the U.S. illegally, according to a new report by U.S. Border and Customs Protection.
Border Patrol agents arrested 54,833 Venezuelans crossing the U.S.-Mexico border in September, compared to 22,090 in August, the agency said. Arrests of all nationalities at the border reached nearly 270,000 last month, up from just over 181,000 in August.
“In response to high rates of encounters across the southwest border in September, CBP surged resources and personnel,” said Acting CBP Commissioner Troy A. Miller. “We are continually engaging with domestic and foreign partners to address historic hemispheric migration, including large migrant groups traveling on freight trains, and to enforce consequences including by preparing for direct repatriations to Venezuela.”
The report added that arrests at the border are down about 20% in the first two weeks of October. “Noncitizens, including Venezuelan nationals, who lack a legal basis to stay in the United States are ordered removed, consistent with U.S. law.”
The proponents of humane asylum practices maintain the deportation flights are part of the administration’s ongoing efforts to ban asylum. Policies implemented since Biden took office include a requirement that migrants seek refuge in other nations before applying for asylum in the U.S., and that they use a glitch-ridden phone app to book asylum appointments while remaining in Mexico. In July, a federal judge struck down the policies, but a federal appeals court ruled in August that the asylum restrictions can remain in place pending further review.
Secretary of Homeland Security Alejandro Mayorkas said the restrictions are preventing even higher levels of illegal border crossings, and therefore the measures will be enforced. “Those who fail to use one of the many lawful pathways we have expanded will be presumed ineligible for asylum and, if they do not have a basis to remain, will be subject to prompt removal, a minimum five-year bar on admission and potential criminal prosecution for unlawful reentry. We encourage migrants to ignore the lies of smugglers and use lawful, safe and orderly pathways that have been expanded under the Biden administration.”
Those “expanded” and “legal” pathways are the very ones that are inadequate and are failing asylees, the immigrant advocate groups say.
Venezuelans aren’t the only ones being deported, the Department of Homeland Security said separately. DHS said it has removed 300,000 noncitizens from the U.S. since May. “In fiscal year 2022, ICE’s Enforcement and Removal Operations conducted 72,177 removals to more than 150 countries worldwide.”
Border Patrol agents arrested 54,833 Venezuelans crossing the U.S.-Mexico border in September.
Again, immigrant advocates say the administration’s asylum practices are unjust because they violate American and international precedent allowing immigrants to apply for asylum even if they enter the country illegally. The idea behind that longstanding practice is to keep migrants from being returned to countries where they could face further harm, advocates contend.
“Witnessing the flight by tracking for almost 12 hours flashed me back to witnessing these flights live over the years, with all their dehumanizing pain,” said Tom Cartwright, a leadership team member of Witness at the Border. “Disturbingly reinforced by the DHS videos portraying people as blurred-face numbers instead of mothers, fathers, sisters, brothers, sons and daughters who are poked and patted down in five-point shackles like dangerous criminals, fortifying the hate of the anti-immigrant factions.”
The deportation flights contradict the president’s campaign promise to support immigration and asylum, said Danilo Zak, associate director of policy and advocacy with Church World Service. “The Maduro regime in Venezuela has a long and disturbing record of human rights abuses, and the decision to resume deportations there is one of willful negligence on behalf of the Biden administration, and one that will undoubtedly levy danger and harm on a community that is already experiencing great hardship.”