Weekly U.S.-Mexico Border Update: May 23, 2025

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May 23, 2025, 11:46:27 AMMay 23
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https://www.wola.org/2025/05/weekly-u-s-mexico-border-update-massive-funding-bill-alien-enemies-act-military-missions-venezuela-tps/

Weekly U.S.-Mexico Border Update: May 23, 2025

With this series of weekly updates, WOLA seeks to cover the most important developments at the U.S.-Mexico border. See past weekly updates here.

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Due to staff travel, we will produce no Border Updates for the next two weeks. Updates will resume on June 13, 2025.

THIS WEEK IN BRIEF:

  • “Reconciliation” funding bill passes House, moves to Senate: On May 22nd, the House of Representatives narrowly passed a budget bill with a mammoth amount of new spending to harden the U.S.-Mexico border and increase internal immigration enforcement. Items include $46.5 billion for border wall construction, $45 billion for migrant detention, and $15 billion for deportations, among many other outlays. The bill now moves to the Republican-majority Senate, and it could pass by July.
  • Alien Enemies Act updates: The Supreme Court upheld and prolonged a block on the Trump administration’s use of the Alien Enemies Act to remove Venezuelans to El Salvador’s CECOT prison. Other judges continue to question the legality of President Trump’s invocation of the 1798 law, and to complain about non-cooperation with judicial orders, like one prohibiting a rapid removal of third-country migrants to South Sudan, and another demanding Kilmar Abrego Garcia’s facilitated return from El Salvador.
  • The U.S. military’s growing border and migration missions: Prosecutors in El Paso have secured 60 convictions of people arrested for trespassing on “military property” in a narrow fringe of West Texas borderland that the Trump administration has temporarily handed over to the Defense Department. Soldiers so far have not carried out apprehensions, at least in the New Mexico “National Defense Area.” These new areas remain poorly mapped. The military mission at the border so far has cost $525 million, and the use of the Guantánamo base to detain migrants has reportedly cost $100,000 per detainee per day.
  • Supreme Court upholds Venezuela TPS cancellation: In what may be “the biggest instantaneous ‘de-documentation’ of immigrants in U.S. history,” the Supreme Court upheld the Trump administration’s cancellation of Temporary Protected Status for up to 350,000 citizens of Venezuela living in the United States. The administration may be negotiating a deal with Venezuela’s regime that would allow more deportation flights, three of which have landed in Caracas in the past week.

THE FULL UPDATE:

“Reconciliation” funding bill passes House, moves to Senate

Shortly before 3:00 AM on May 22, the full House of Representatives took up and began debating H.R. 1, an enormous package of tax cuts, deep cuts to social programs, and mammoth increases in spending to harden the U.S.-Mexico border and multiply interior migration enforcement. Shortly before 7:00 AM, the House passed the bill by a 215-214 vote, with all Democrats and two Republicans voting against.

Speaker Mike Johnson (R-Louisiana) overcame internal disagreements on taxation and spending (unrelated to the border and migration) within the chamber’s Republican majority, and forced the vote through about a day earlier than expected.

The bill would create a long list of steep fees that applicants for asylum, Temporary Protected Status, humanitarian parole, and other immigration statuses would have to pay in order to have their cases considered. It would also impose a 5 percent tax on non-citizens’ transfers of overseas remittances.

As noted in past weeks’ Border Updates, the House bill would add more than $160 billion in new spending on border security and interior migration enforcement between now and fiscal 2029. This is a staggering amount: currently, the annual budgets of Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) add up to less than $30 billion. It would lavish resources on the Trump administration’s promised “mass deportation” campaign.

The image below summarizes the bill’s many border and migration provisions. (Click it to expand it, or visit this update's web page to view or copy the alt text.)

2025-05-22_reconciliation.001.png

If image is not visible, click here

At the last minute, House leadership added $12 billion to the bill for “State Border Security Reimbursement.” This responds to repeated requests, from Texas’s Republican state government and political leaders, for a federal government payout to reimburse Gov. Greg Abbott’s “Operation Lone Star” border crackdown, which began in 2021 and has cost Texas taxpayers at least $11 billion.

The bill now goes to the Republican-majority Senate, where under normal procedure, legislation must win 60 out of 100 votes to end debate and move to a final vote—a procedure known as the filibuster. However, this bill is going under a special rule called “reconciliation” that would allow it to pass by a simple majority, without a single Democratic vote, as long as the Senate’s Parliamentarian rules that each of its provisions have direct impact on the federal budget. For this reason, the legislation often gets called the “reconciliation bill.”

The foreseen spending and fees for the border and mass deportation would likely meet that definition. However, in a pieceat his Migrant Insider newsletter, Capitol Hill-watcher Pablo Manríquez voiced concern that current Senate leadership might ignore some of the Parliamentarian’s dictates and bend the rules in ways that could allow simple-majority passage of more fundamental changes to immigration law.

The reconciliation bill may not sail easily through the Senate. Key Republicans are already balking at some of the ways the bill would add to the federal deficit. While few Republicans have commented on its border and migration provisions, one important senator has: Rand Paul (R-Kentucky), the libertarian-leaning chairman of the Homeland Security Committee, has criticized the House bill’s $46.5 billion for border wall construction, viewing it as excessive.

Calculating that building a thousand miles of border wall might cost $12 billion, Paul told Department of Homeland Security (DHS) Secretary Kristi Noem at a May 20th hearing, “The number’s way off. We can’t just throw $30 billion out there and say ’Things cost a lot.’” Another Homeland Security Committee member, Sen. Ron Johnson (R-Wisconsin), told Noem, “Sharpen your pencil. It’s more than you need.”

WOLA published a May 22 analysis of the bill’s contents, using comparisons to other public spending needs and giant projects to show the sheer scale of the bill’s foreseen spending on border security, migrant detention, deportations, CBP and ICE hiring, and Operation Lone Star reimbursement. The bill’s border wall spending, for example, could pay for over a year of universal preschool for all U.S. children; its detention spending could build stadiums for all 30 Major League Baseball teams; its deportation spending could build 18 Empire State Buildings; and its hiring budget could feed 123 million people at risk of famine.

Many other groups have published incisive analyses of the bill’s border and migration provisions: Alianza AmericasAmerican Civil Liberties UnionAmerican Friends Service CommitteeAmerican Immigration CouncilAmerican Immigration Lawyers AssociationAmnesty InternationalAsian Americans Advancing JusticeCenter for Law and Social PolicyChurch World ServiceCoalition for Humane Immigrant RightsDetention WatchFriends Committee on National LegislationHIASHuman Rights FirstImmigration HubInstitute for Policy StudiesKINDLeadership Conference on Civil and Human RightsNational Immigrant Justice CenterNational Immigration Law CenterNebraska AppleseedNew York Immigration CoalitionOne AmericaProtecting Immigrant Families CoalitionRefugee Council USAUnidosUS,  Women’s Refugee Commission, and Young Center. (There are likely many more worthy statements and analyses; these are the ones WOLA staff have seen.)

Alien Enemies Act updates

Supreme Court rules again to block invocation of the Act

Near the end of the day on May 16, the Supreme Court upheld and prolonged an earlier block on the Trump administration’s use of the Alien Enemies Act of 1798, a rarely invoked wartime statute, to remove Venezuelan non-citizens out of the country from the northern district of Texas.

In its 7-2 ruling, the Court sharply disagreed with the administration’s notion that 24 hours’ notice is enough time for people to exercise their due process rights and challenge their rapid rendition—most likely to El Salvador’s Center for the Confinement of Terrorism (CECOT) prison. “Notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster,” the justices wrote.

Judicial analyst Steve Vladeck of the Georgetown University Law Center observed of the ruling, “There are numerous passages in which the majority openly seems to be expressing frustration—with the government; with the lower courts; and even with Justice Alito (who wrote a dissenting opinion that was joined by Justice Thomas).”

The ruling “means that more individuals will not secretly be sent to a brutal prison in El Salvador,” ACLU attorney and key litigator Lee Gelernt said in the New York Times.

“THE SUPREME COURT WON’T ALLOW US TO GET CRIMINALS OUT OF OUR COUNTRY!” President Donald Trump posted to his social media network. In another post he said it was “a bad and dangerous day for America.”

“The decision is a significant loss for Trump, who wants to use the law to speed deportations—and avoid the kind of review normally required before removing people from the country,” read an analysis by John Fritze and Devan Cole at CNN. “But the decision is also temporary and the underlying legal fight over the president’s invocation [of the Alien Enemies Act] will continue in multiple federal courts across the country.”

The Supreme Court has yet to consider that larger question of the “merits,” meaning whether President Trump was acting lawfully when, on March 15, he invoked a wartime law to confront what he perceived to be a “predatory incursion” from the Venezuelan government in league with a Venezuelan criminal group, the Tren de Aragua. That question remains before lower courts.

In a few paragraphs of the Justice’s opinion, Justice Brett Kavanaugh expressed his view that the Supreme Court should be taking on the merits question now.

Other courts’ rulings

In a 2-1 ruling on May 19th, the Fourth Circuit Court of Appeals determined that Trump’s Alien Enemies Act invocation does not allow migrants to be rendered out of the country if they are protected by an existing legal settlement prohibiting their deportation. The finding favored “Cristian,” a 20-year-old Venezuelan asylum seeker sent to El Salvador’s CECOT even though, as he had arrived as an unaccompanied minor, a judicial settlement was meant to protect him from deportation.

Law professor Ilya Somin of George Mason University pointed out that the Fourth Circuit decision’s wording makes it the fifth federal court to have found Trump’s invocation of the Alien Enemies Act to be unlawful on the meritsbecause of the lack of a “predatory incursion.” Only one judge, in Pennsylvania, has ruled otherwise, and her decision required the administration to give much more advance notice to guarantee due process.

Other third-country transfers

Though not an Alien Enemies Act case, the most intense legal drama of this week happened on May 19th in the Boston courtroom of Judge Brian Murphy, who is currently prohibiting the administration from transferring migrants to third countries without a meaningful chance to plead for their safety in those countries. Judge Murphy just barely stopped an ICE plane from taking migrants to South Sudan with little or no advanced warning, in almost certain defiance of his earlier order. The Judge may be considering contempt of court proceedings.

“The U.S. has reportedly explored, sought, or struck deals with at least 19 countries” for transfers of third-country migrants, according to the Intercept. They are “Angola, Benin, Costa Rica, El Salvador, Eswatini, Equatorial Guinea, Guatemala, Guyana, Honduras, Kosovo, Libya, Mexico, Moldova, Mongolia, Panama, Rwanda, Saudi Arabia, Ukraine, and Uzbekistan.”

Abrego Garcia case

In her Maryland courtroom on May 16, Judge Paula Xinis continued seeking to compel administration officials to facilitate the return of Kilmar Abrego Garcia, the Salvadoran man mistakenly transferred to the CECOT on March 15. (Abrego García’s is not an Alien Enemies Act case: the Trump administration also sent to the CECOT about 150 Salvadorans and Venezuelans with final removal orders from immigration courts. Abrego García did not have such an order: a court specified that he could not be removed to El Salvador due to threats.)

 Judge Xinis voiced strong frustration with the government’s refusal to provide information about their apparent non-compliance with her order, as they cited “state secrets” or “deliberative process” privileges. “What we got was a bunch of ‘I don’t knows,’” she said, adding, “You haven’t complied, and you haven’t in bad faith.”

New York Times investigation of deliberations inside the Trump administration revealed “a dayslong scramble and clashes among officials in three different agencies over how to deal with what everyone knew had been an error”: Abrego Garcia’s rendition. Above other officials’ concerns, DHS officials prevailed in giving no ground and pushing a narrative that Abrego Garcia was a “leader” of the MS-13 gang, “even though they could find no evidence to support the claim.”

Sen Chris Van Hollen (D-Maryland), who had met briefly with Abrego Garcia during an April visit to El Salvador, had an angry exchange with Secretary of State Marco Rubio at a May 20th hearing of the Senate Foreign Relations Committee. Uplifting an obviously staged lie from the Salvadoran government, Rubio told Van Hollen, “In the case of El Salvador, absolutely, absolutely, we deported gang members, gang members—including the one you had a margarita with. And that guy is a human trafficker, and that guy is a gangbanger, and that and the evidence is going to be clear.” (Rubio tacitly admitted here that such evidence is lacking, even as Abrego García languishes in a Salvadoran prison, facing no criminal charges.)

Due process and habeas corpus

“If there has been a common theme in the federal courts’ response to the fallout from President Trump’s aggressive deportation policies,” read a New York Times analysis, “it is that the White House cannot rush headlong into expelling people by sidestepping the fundamental principle of due process.” Immigrants’ right to challenge their deportations is an emerging “legal bottom line.”

Fundamental due process questions came up again on May 20th as DHS Secretary Noem testified in the Senate Homeland Security Committee. Sen. Maggie Hassan (D-New Hampshire) asked the Secretary pointblank, “What is habeas corpus?”

The Senator was referring to the ancient right, enshrined in the U.S. Constitution, that protects people from being arbitrarily detained by their government without charges or judicial recourse. In comments to reporters on May 9th, White House Deputy Chief of Staff Stephen Miller had mused openly about suspending this right, citing an “invasion” of migrants.

Noem’s response to Hassan’s question was striking: “Habeas corpus is a constitutional right that the president has to be able to remove people from this country, and suspend their right to…” she said, at which point Hassan interrupted Noem to correct her. Noem went on to insist that suspending habeas corpus was a presidential power, although the vast majority of legal interpretations give that power to Congress.

Other reports and analyses

  • The New York Times reported on internal emails revealing that Joe Kent, a political appointee and the chief of staff to Director of National Intelligence Tulsi Gabbard, pressed intelligence analysts to change their findings about the facts underlying President Trump’s justification for invoking the Alien Enemies Act. Kent pushed to alter an April 7th consensus document, since declassified, that found little or no collaboration between the Venezuelan government and the Tren de Aragua, and thus no “predatory incursion” to justify invoking the 1798 law. Though Kent, who is President Trump’s nominee to lead the National Counterterrorism Center, failed to gain substantive changes in the intelligence assessment document, Gabbard fired top National Intelligence Council officials and the episode raised alarms about politicization of U.S. intelligence work.
  • The Cato Institute published a thorough review of as many as possible of the 240 Venezuelans rendered to El Salvador’s CECOT. Cato’s David Bier was able to get significant information for 90 of the men, of whom it appears that at least 50 arrived in the United States legally through programs like humanitarian parole, CBP One appointments, and the refugee admissions program. Of these, Bier wrote at MSNBC, “A majority of the men are fathers. Altogether, the men were trying to support 44 children.” Bier told USA Today, “They’ve effectively turned these legal immigrants into illegal aliens.”
  • May 21 was the 32nd birthday of Andry Hernández Romero, the gay Venezuelan stylist whom the Trump administration removed to the CECOT, claiming he is a Tren de Aragua criminal, on March 15. Hernandez’s lawyer, Lindsay Toczylowski of Immigrant Defenders Law Center, took to social media to commemorate Hernández’s birthday in captivity.
  • At the Washington Post, writer Carolina Miranda compared U.S. officials’ repeated photo ops at the CECOT to past centuries’ practices of displaying people in “human zoos.” Miranda wrote: “The grotesque images that have emerged from CECOT, like the human zoos that preceded it, are about presenting a barely contained savagery, reinforcing the idea that some people don’t qualify as fully human.” She added, “officials such as Noem and Moore deliver the message that to be undocumented or to seek asylum is to be a criminal—especially if you are a brown man with tattoos.”
  • Writing at Fox News, Sen. Chris Coons (D-Delaware) warned the site’s conservative readers that due process protects them, too: “As this administration ramps up mass deportations, you too could be detained and deported—purely by mistake. All because you never got a fair day in court… what will you tell ICE if they detain you? Even if you have proof, who will listen if you don’t have a hearing?”

The U.S. military’s growing border and migration missions

“National Defense Areas”

As of May 19th, the U.S. Attorney’s Office in El Paso, Texas had secured 60 convictions of people arrested for trespassing in a long, narrow fringe of borderline east of El Paso that is now considered a “National Defense Area” or a military installation—in this case, a temporary extension of El Paso’s Fort Bliss army base. The 60 pleaded guilty; the misdemeanor of “violation of security regulations” carries penalties of up to a year in prison and up to $100,000 in fines.

On May 15 and 16, a magistrate judge in El Paso threw out charges against 16 people accused of stepping on the 50-mile-long, roughly 60-foot-wide strip of border land. The El Paso “National Defense Area” has been considered U.S. military property since May 1, following an April 11 presidential memo calling for federal lands along the border to be handed over to the Defense Department.

Magistrate Judge Miguel Torres ruled that the charged migrants had no way of knowing they were trespassing. At one point in the courtroom, El Paso Matters reported, a defense attorney held up one of the 12-by-18-inch signs that the government has been posting, well into U.S. territory, to warn people that they are trespassing. A Border Patrol agent was unable to read the sign from 20 feet away. “If you have to be right up on the sign to see it, you’ve already committed the offense,” said Judge Torres.

The dropped charges echo a similar outcome in New Mexico, site of the first, 170-mile-long, declared “National Defense Area.” As noted in WOLA’s May 16 Border Update, Magistrate Judge Gregory Wormuth threw out charges against 98 arrested migrants who did not know they were violating the law.

The Defense Department’s guidelines allow soldiers in the “National Defense Areas” to detain or apprehend migrants temporarily, until Border Patrol agents or other civilian law enforcement can pick them up. This is a highly unusual role for military personnel to play on U.S. soil, as the law rarely empowers them to apprehend civilians.

A spokesperson for the Defense Department’s “Joint Task Force Southern Border” told the Santa Fe New Mexican that soldiers so far have not detained a single migrant. Maj. Geoffrey Carmichael said that this would rarely happen, because soldiers are usually operating in very close proximity to Border Patrol agents who can carry out apprehensions.

The New Mexico and El Paso areas’ demarcation remains unclear. When Sarah Matusek of the Christian Science Monitorasked about their boundaries, “Pentagon spokespeople say they don’t have maps. Neither did the military confirm whether a map by the Bureau of Land Management of the land it transferred in New Mexico to the Army matches the new military zone in that state.”

The sheriff of Dona Ana County, New Mexico, had not even seen that map (below, shared in an April 20 Arizona Daily Star report), which shows an “Emergency Withdrawal Area” extending for as much as two or three miles, not sixty feet.

2025-04-30_withdrawal_area.jpeg

If map is not visible, click here

What may happen to U.S. citizens caught trespassing, like hunters or people riding recreational all-terrain vehicles, is also unclear. However, Lauren Villagran of USA Today got a response: “‘Hunting and hiking inside the National Defense Areas is no longer allowed,’ Jordan Beagle, a spokesman for the Department of Defense’s Joint Task Force-Southern Border, said in an email. ‘Additionally, the National Defense Areas have been declared restricted areas and unauthorized entry by anyone is prohibited.’”

Other military updates

  • President Trump’s much-scaled-back plan to hold migrants at the Guantánamo Bay Naval Station in Cuba is costing $100,000 per day per detainee, Sen. Gary Peters (D-Michigan), the ranking Democrat on the Senate Homeland Security Committee, said during the above-cited May 20 hearing with DHS Secretary Noem.
  • The U.S. Navy may be scaling back its patrolling of coastal areas near the border. A guided missile destroyer is no longer patrolling the Pacific side. The USS Stockdale has been pulled back and replaced by a smaller, faster littoral combat vessel designed for coastal operations, the San Diego-based USS Charleston.
  • “Mr. Trump is breaking with his predecessors’ practice of mostly limiting deployments along the U.S.-Mexico border to small numbers of active-duty soldiers and reservists,” observed May 15 New York Times overview of the U.S. military’s rapidly expanding border mission. Peter Feaver, a civil-military relations expert from Duke University who served in the Bush administration, noted that the troops tend to dislike such long-term domestic roles. “With the exception of what experts call the ‘feel good’ stuff like natural disaster relief, the military has ‘come away from those instances saying, Yeah, we don’t want to do that again.’”
  • The Times analysis provided some information about the military mission that, to WOLA’s knowledge, has not been previously reported:
    • There are now about 8,600 active-duty troops at the border. (Northern Command had reported in March that the number would reach 9,600.)
    • The military’s border mission has cost the Defense Department $525 million since January 20.
    • Commanders say that criminal groups on the Mexican side have been instigating rock-throwing at the troops. “In an incident near El Paso, Border Patrol agents were forced to deploy tear gas to disperse a crowd taunting U.S. soldiers and threatening to kill them. American troops are armed for their self-protection but rely on Border Patrol for crowd control.”
    • Despite Feaver’s observation about the institution’s dislike of such missions, re-enlistment of younger soldiers deployed to the border in Stryker combat vehicle units has “soared.”

Supreme Court upholds Venezuela TPS cancellation

In an 8-1 decision on May 19 that overturned a California judge’s earlier block, the Supreme Court allowed the Trump administration to go ahead with its February cancellation of Temporary Protected Status (TPS) for up to 350,000 citizens of Venezuela in the United States. The Miami Herald reported on the “fear, confusion, and outrage” the high court’s decision has generated throughout the Venezuelan community.

The Venezuelan NGO Foro Penal released an updated estimate of 900 political prisoners currently held in Venezuela, demonstrating that the human rights and security situations have not improved since President Biden first approved TPS for Venezuelans. The editorial board of the Herald, which endorsed Secretary of State Marco Rubio’s 2010 Senate candidacy and his 2016 presidential primary candidacy, bitterly criticized the Miami-born politician for leading the TPS revocation: “The poor humanitarian conditions in Venezuela remain the same. Rubio has changed.”

By allowing the TPS revocation to go forward, “the Supreme Court achieved what law professors believe to be the biggest instantaneous ‘de-documentation’ of immigrants in U.S. history,” wrote Dara Lind at the American Immigration Council’s Immigration Impact site. However, “the Supreme Court didn’t actually clarify whether the termination is in effect now, or whether the government has to do something to make the original April 7 termination effective.” Amid the uncertainty, Disney has placed on leave about 45 Venezuelan employees of its resorts.

The Miami Herald revealed that Trump administration officials are in quiet negotiations with Venezuelan regime counterparts for a deal that would allow U.S. energy company Chevron to continue exporting Venezuelan oil, generating billions of dollars for the nation’s economy and treasury, if the government accepts more U.S. flights carrying deported Venezuelan citizens.

Three U.S. deportation flights landed in Venezuela (two on Venezuelan aircraft via Honduras) over the past week, including two on May 21According to Tal Cual, “4,711 Venezuelan migrants have returned to the country, most of them deported by the Donald Trump administration since last February.” The number appears to include about 1,500 people repatriated from Mexico.

Other News

  • Throughout the country this week, ICE lawyers began dropping cases against migrants in U.S. immigration courts, only to have agents arrest them in the courthouses, detain them, and place them in fast-track expedited removal proceedings. “The latest effort includes people who have no criminal records, migrants with no legal representation and people who are seeking asylum,” the Associated Press reported. NBC San Diego reported on how this happened in the case of a Venezuelan man who had deserted his authoritarian government’s military. The result of these courthouse arrests is likely to be an increase in no-shows at immigration hearings, and thus an increase in in-absentia removal orders.
  • The administration has begun charging undocumented migrants fines of $998 for each day they fail to leave the United States after receiving a deportation order. Reuters profiled Wendy Ortiz, a Salvadoran mother of an autistic U.S. citizen son who earns $13 per hour in a Pennsylvania meat-packing plant; she just learned that she is being fined $1.8 million.
  • The Washington Post revealed that the administration is planning to devote up to $250 million in what little foreign assistance it has not already slashed to fund voluntary repatriations of migrants to some very conflictive countries. The money would come from the Migration and Refugee Assistance (MRA) account managed by the State Department’s Bureau of Population, Refugees and Migration, which normally offers humanitarian aid and funds resettlement in the United States. The plan could support people from Ukraine, Haiti, Afghanistan, Palestine, Libya, Sudan, Syria, and Yemen who are willing to return to those, or perhaps other, countries.
  • In a May 16th court filing, ICE recognized that it erroneously deported a gay Guatemalan man to Mexico despite his claims of fear. In February, an immigration judge granted the man withholding of removal protecting him from return to Guatemala, so ICE quickly removed him to Mexico, even though he had been raped and kidnapped there and pleaded not to be sent there. ICE officials initially claimed that the man had not expressed fear, but are now blaming the omission on a “software glitch,” Politico reported.
  • With the Trump administration all but shutting down asylum access, the Associated Press reported, asylum seekers now face a “murky, ever-changing situation with few obvious rules, where people can be deported to countries they know nothing about after fleeting conversations with immigration officials while others languish in Immigration and Customs Enforcement custody.”
  • “U.S. intelligence officials say that human traffickers [this appears to mean “human smugglers”] are now charging migrants about $20,000 per person to be smuggled into the country, up from $7,000 a year ago,” noted the above-mentioned New York Times report on the U.S. military’s border role.
  • TRAC Immigration, the decades-old project aggregating official data, called seriously into question the administration’s claim to have removed 135,000 people during its first 100 days: “the Trump administration’s actual number was only around 72,000 removals.” TRAC lamented the administration’s failure to keep producing the DHS Office of Homeland Security Statistics monthly reports on immigration data. That valuable compendium ends in November 2024 (posted on January 16, just before Trump’s inauguration) and has ceased updating.
  • A Migration Policy Institute report contends that big shifts and diversification of migration patterns make close U.S.-Mexico cooperation on migration policy indispensable. It notes that this would require the U.S. government to pursue a healthier balance between enforcement, legal migration pathways, and more cooperation with regional neighbors.
  • Whistleblowers told the Government Accountability Project that the Trump administration’s near-total closure of DHS’s Office of Civil Rights and Civil Liberties (CRCL), with about 300 firings at an agency struggling to oversee a workforce of about 260,000, has left 500 investigations—including many cases of abuse—in limbo. It also drastically reduces oversight of conditions for people being held in migrant detention just as the Trump administration prepares to multiply its detention capacity.
  • A federal court met on May 19 for a hearing about litigation over the internal watchdog’s closure, brought by Robert F. Kennedy Human Rights, Urban Justice, and the Southern Border Communities Coalition. Federal Judge Ana Reyes heard from US Citizenship and Immigration Services Ombudsman Ronald Sartini, who said that the administration intends to continue fulfilling the role played by his office, CRCL, and the Office of the Immigration Detention Ombudsman, all of which have been virtually dismantled. Judge Reyes admitted to concerns about being “hoodwinked” by Sartini’s assurances, CNN reported.
  • “Many times the Office of Civil Rights and Civil Liberties or the Ombudsman Office, which you and I visited about before, had grown quite expansive,” Secretary Noem claimed to Sen. Peters, the ranking Democrat on the Senate Homeland Security Committee, at the above-mentioned May 20 Homeland Security Committee hearing. “They were used as a political tool, suing and attacking each other and censoring individuals and not doing the job for which they were created. So we’ve right-sized them, put them back on mission.”
  • Sixty-four people flew to Honduras and Colombia aboard a DHS flight for those who have taken the administration up on an offer of $1,000 plus travel expenses if they “self-deport.” At MSNBC, Aaron Reichlin-Melnick of the American Immigration Council warned that migrants considering the deal should speak to an attorney because it could be a “bait-and-switch,” as “leaving the country may mean giving up on a very real chance at staying here legally under laws and processes that already exist.”
  • Testifying before the House Appropriations Committee on May 15, Acting CBP Commissioner Pete Flores said that his agency is in the process of building 85 miles of new border walls, and 17 miles of “border barrier buoy that we have contracted for.”
  • Speaking to the Sierra Club’s magazine and the Guardian, Eamon Harrity, wildlife program manager for the Arizona-based Sky Island Alliance, warned that new border wall construction will devastate wildlife habitats by closing remaining gaps. “When you see it in person and you see the panting and the running back and forth, looking for a way to cross and ultimately failing, you recognize that wow, this animal is trying to survive, and there’s this giant thing in its way that’s causing a lot of grief and stress.”
  • Three young men died of fentanyl overdoses, and two were hospitalized, in a single incident in Ciudad Juárez, raising concerns that use of the synthetic opioid is growing on the southern side of the border.

Adam Isacson (he/him), Director for Defense Oversight
WOLA: Advocacy for Human Rights in the Americas (www.wola.org)
Signal adamisacson.98 Mobile/WhatsApp +1 202 329-4985 Mastodon: elefanti.co/@adam
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