COVID-19 IMPACTS ON IMMIGRATION DETENTION: GLOBAL RESPONSES
These measures clearly did not consider an irregular migrant population
and/or those in transit across the country, nor the impact of such
measures on this population. Furthermore, those who had not been
detained and lived in the community generally lacked stable housing
and the financial resources to guarantee their basic needs. With the
suspension of non-essential activities, migrants were among the first
to lose their employment, and both their jobs and housing became
increasingly precarious, making them more vulnerable to immigration
detention.
With time, and the official declaration of a health emergency, the
federal government did eventually create protocols and guidelines for
vulnerable populations. The “Protocol for the prevention and attention
of suspected and confirmed cases of COVID-19 in Detention Centers
and Temporary Shelters of the National Immigration Institute” and the
“Preventive measures for Detention Centers and Temporary Shelters”
were developed for the detained migrant population. Subsequently, in
May 2020, a care and coordination plan was announced that included
border checkpoints, medical units, shelters, places of refuge and private
accommodation.
These measures came late and were deficient and widely ignored in
institutional practice. Thus, for example, the social distancing and
hygiene health measures established for detention centers, did not take
account of the prevailing physical conditions of these centers, nor were
alternative measures considered that would avoid detention in such
places. The measures therefore served no purpose in guaranteeing and
effectively protecting either the health, or the physical, emotional, or
psychological well-being of migrants.
The National Immigration Institute (INM) continued with the
identification and detention of migrants with a view to deportation.
However, the regular operation of the immigration system was affected
by total, partial or intermittent border closures, among which were
those of the northern Central American countries, and the return to
Mexico of migrants from various countries under Title 42 of the United
States Code.12 This resulted in erratic and negligent actions on behalf of
the INM, that violated human rights and that were aimed essentially at
getting rid of migrants.
In a second phase, the INM began to transfer people between detention
centers, abandon them on the border, encourage their irregular
crossing into Guatemala,13 or simply released them with no provisions
to protect or guarantee their rights. This occurred within a context in
which DIF shelters (responsible for receiving unaccompanied migrant
children) had significantly reduced their operations, as had civil
society organizations that provide accommodation to migrants and
refugees. Nevertheless, among other targeted actions for migrants,
various civil society organizations offered spaces and support for the
implementation of alternatives to detention in the absence of a response
from the immigration, health, or any other authorities.
The Mexican State faced limitations and enormous challenges in
protecting public health in the face of COVID-19. While recognizing
its intention to respond to the presence and context of migrants and
detention, including the recent initiative by the health authorities to
provide statistics regarding numbers of COVID-related cases and deaths
of migrants, none of these actions really sought to guarantee and
protect the dignity and human rights of migrants and asylum seekers.
The pandemic has confirmed, once again, that current immigration
policies, and discrimination and institutional and social xenophobia
in Mexico, are structural features that constantly inhibit and violate
migrants’ human rights. In the new, post-COVID reality, it will be worth
reflecting on and responding to such structural elements that endanger
people’s lives, liberty, security, and integrity.
ELBA Y. CORIA MÁRQUEZ
Policy advocate specialized in immigration and asylum
This article has been translated into English from the original in Spanish
Initially, the INM extended the detention of migrants, amid undignified
conditions that violated their rights. The resulting desperation led to at
least five riots in detention centers in the north and south of the country,
between 26 March and 6 April: in Tapachula, Tenosique, Villahermosa,
Hermosillo and Piedras Negras. One of these resulted in the negligent
death of an asylum seeker and several people were injured.
12 CDC. Legal Authorities for Isolation and Quarantine: CDC’s Role. February 24, 2020. Available at: https://www.cdc.gov/quarantine/
aboutlawsregulationsquarantineisolation.html
13 UNHCR communication: “Concerns regarding transfers from the northern border to the southern one in the framework of the COVID-19 emergency”. Sent to the
Executive Secretary of the Inter-secretarial Commission for Integral Attention in Matters of Migration (CIAIMM) of the Foreign Affairs Ministry and obtained through
a request for access to information (INAI) folio:500112720, SRE, 3 June 2020.
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