U.S. Expansion of Curfews for Asylum-Seeking Families Signals Alternative to Detention
U.S. authorities are expanding curfews for heads of asylum-seeking families as an alternative to detention, signaling their satisfaction with the initial results of the program. The curfews were first implemented in May across four cities and will now be extended to 13 locations, including San Diego, San Francisco, and Boston. By the end of September, the program is expected to be active in 40 cities nationwide.
The curfews, enforced between 11 p.m. and 5 a.m., will remain in effect until the completion of credible fear interviews by asylum officers and any subsequent appeal to an immigration judge. Families that pass the screenings will be allowed to pursue their asylum cases in court without a curfew, whereas those who fail face the possibility of deportation. Ankle monitors are required for those under curfew.
The program, known as the Family Expedited Removal Management program (FERM), was introduced as pandemic-related asylum restrictions expired in May. It aims to keep single adults in the custody of Border Patrol until screenings are completed, thereby avoiding the revival of family detention. The U.S. Immigration and Customs Enforcement (ICE) agency expressed confidence in the early results of the program, which has already been implemented in Baltimore, Chicago, Newark, and Washington, D.C.
Last week, ICE informed advocates that they planned to have up to 500 families under curfew at any given time, with approximately 200 already enrolled. The number of participating families is expected to increase significantly as the program expands.
While the expansion has been viewed as a step away from potential family detention, some immigration advocates express concerns about rushed screenings. Asylum-seekers typically undergo screenings within 12 days of crossing the border, leaving them with only a day or two to prepare for an appeal if they fail. Those who fail to gain approval may face deportation within 30 days of arrival.
The effect of curfews on ensuring the attendance of asylum-seekers for screening interviews remains uncertain. However, Americans for Immigrant Justice, an advocacy group, reported that the approximately 30 families they advised had perfect attendance records.
Feedback on the program’s efficacy has been mixed. Jon Feere of the Center for Immigration Studies raised concerns about potential no-shows and called for an evaluation of the program’s outcomes.
Under a court order, the government can generally detain families for a maximum of 20 days. While previous administrations, including those of Barack Obama and Donald Trump, detained families, President Joe Biden ended the practice shortly after taking office in 2021.
For Yaniris, a 30-year-old Honduran woman who traveled for more than three months with her 2-year-old daughter to reach Eagle Pass, Texas, the curfew and ankle monitor were a preferable alternative to detention. However, she expressed self-consciousness about being seen with the monitoring device. Yaniris failed her screening interview but won her case on appeal after a two-day delay.
As the backlog of immigration cases in the court system exceeds 1.2 million, asylum-seekers face long waits for resolution.
In summary, the U.S. expansion of curfews for asylum-seeking families reflects authorities’ confidence in the initial outcomes of the Family Expedited Removal Management program. While some immigration advocates raise concerns about rushed screenings, others view the curfew as a step away from family detention. The impact on attendance for screening interviews remains uncertain, but the government aims to have up to 500 families under curfew at any given time. The story of Yaniris, who succeeded in her appeal after failing her screening, highlights the challenges faced by asylum-seekers amid the vast backlog of immigration cases.
