Supplemental Declaration of Adam Isacson — Case 4:18-cv-06810-JST (Document 35-4)

Summary

Supplemental declaration of Adam Isacson, filed November 16, 2018 as Document 35-4 in Case 4:18-cv-06810-JST. Isacson, Director for Defense Oversight at the Washington Office on Latin America (WOLA), describes a rising backlog of asylum seekers waiting at ports of entry: 2,500 people on a waiting list in Tijuana, where CBP was accepting about 40 people per day, and families waiting 14 days in Nogales. He states that CBP officers routinely tell asylum seekers to “come back later” because ports are full, and that advocates report CBP appears to be throttling the daily flow. He describes cartel violence in Tamaulipas, including the Zetas’ massacre of 72 mostly Central American migrants in San Fernando, and gives reasons why Mexico cannot be a “safe third country.” He adds that some asylum seekers must cross between ports, at times forced by organized crime groups.

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         Case 4:18-cv-06810-JST Document 35-4 Filed 11/16/18 Page 1 of 3



                   SUPPLEMENTAL DECLARATION OF ADAM ISACSON

        I, Adam Isacson, declare as follows:

        I.      I am over 18 and have personal knowledge of the facts described herein.

        2.      I am the Director for Defense Oversight at the Washington Office on Latin

America ("WOLA"), a nonprofit research and advocacy organization based in Washington, D.C.,

that is committed to advancing human rights in the Americas. Since 2011, a significant part of

my work has been focused on border security in the United States. I have visited the U.S.-

Mexico border approximately 20 times. Together with the Border Security and Migration

program at WOLA, I have published dozens of reports, memos, and multimedia projects about

the security efforts of U.S. agencies at the border and the resulting human impact. I earned a

B.A. in Social Science from Hampshire College and an M.A. in International Relations from

Yale University.

        3.      I have previously submitted a declaration in this case.

        4.      I am the co-author of a recent report on the serious challenges facing asylum

seekers waiting at ports of entry. I

        5.      There is a rising backlog of individuals waiting to present themselves for asylum

at ports of entry. In Tijuana, 2,500 people are currently on a waiting list; CBP is accepting about

40 people per day for processing. 2 In Nogales, service providers told me in September that

families are waiting 14 days for a chance to approach CBP. Two hundred people right now are

waiting their tum on the Paso del Norte bridge between Ciudad Juarez and EI Paso, where there




I Adam Isacson, Maureen Meyer, & Adeline Hite, "Come Back Later": Challenges For Asylum
Seekers Waiting at Ports ofEntry, Washington Office on Latin America (Aug. 2018),
https:llwww.wola.orglwp-contentluploads/20 18108/Ports-of- Entry-Report_PDFvers-3.pdf.
2 Sandra Dibble, "Central American migrants stir sympathy, fears in Tijuana," San Diego Union-
Tribune (Nov. 14,201 8), https:llwww.sandiegouniontribune.contlnews/immigrationlsd-me-
tijuana-shelter-20 18 I 114-story.html.
           Case 4:18-cv-06810-JST Document 35-4 Filed 11/16/18 Page 2 of 3



are far fewer shelters. Similar waits are currently the norm on the bridges connecting Reynosa

and Hidalgo/McAllen, and Matamoros and Brownsville.

          6.    This backlog creates dangerous conditions for asylum seekers, who are forced to

wait days to weeks, often without adequate shelter, and sometimes in dangerous border towns

where organized crime preys on vulnerable people, for a chance to seek protection in the United

States.

          7.    U.S. Customs and Border Protection ("CBP") has exacerbated these long lines

and dangerous conditions. Among other things, CBP officers at many ports of entry routinely

instruct asylum seekers to "come back later" because the port of entry is full.

          8.    In some cases, port of entry capacity may be an issue. Often, though, advocates

credibly report that the ports are not full, and that CBP appears to be throttling the daily flow of

asylum seekers.

          9.    Border agents at smaller ports of entry also have told migrants that they no longer

process asylum seekers and have redirected them to larger ports of entry that are up to 50 miles

away. All ports of entry, however, are legally designated to accept asylwn seekers.

          10.   The security conditions in many border towns are precarious. Asylum seekers

who must wait in a backlogged line are vulnerable to kidnapping and other violence. The risk is

extreme in the border towns across from south Texas, the area of heaviest flow of Central

American child and family migrants.        There-the border zone of the state of Tamaulipas,

Mexico-factions of the Gulf and Zetas cartels are fighting each other on a constant basis. CBP

and Border Patrol agents have told me of witnessing running gunbattles from the U.S. side of the

border. Migrants in that zone have told me that they risk murder if they attempt to cross the Rio

Grande in this area without an approved smuggler. Kidnapping for ransom is also common: in
        Case 4:18-cv-06810-JST Document 35-4 Filed 11/16/18 Page 3 of 3



20 I0, in San Fernando, Tamaulipas, the Zetas massacred 72 mostly Central American migrants

whom they had kidnapped.

        11.    Based on my research and experIence, there are strong reasons why Mexico

cannot be designed a "safe third country." Migrants in transit through Mexico are frequently

subject to crimes and abuse, including kidnapping, extortion, robbery and sexual assault. These

crimes almost never result in a conviction of the person responsible. Corruption in Mexico's

security and migration authorities makes the situation worse; additionally, one reason migrant

smugglers thrive is the relationships they maintain with corrupt officials.

       12.     Because it is often difficult to apply for asylum at ports of entry, some asylum

seekers, out of necessity, must cross between ports to apply. There are also many other reasons

why some asylum seekers apply between ports, including that they are unaware of the ports of

entry and criminal gangs force them to cross between ports. I have heard the latter reason-

organized crime groups forcing migrants to cross in areas they designate---expressed quite often

in interviews with local experts, service organizations, and U.S. and Mexican law enforcement.

       I hereby declare under the penalty of perjury pursuant to the laws of the United States

that the above is true and correct to the best of my knowledge.




                                                  Adam Isacson
                                                  Executed this 16th day of November, 2018


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