Imagine — if You Can — the Desperate Plight of Refugees at Our Southern Border, Part 2

Jessica R. Clark • October 12, 2021

Dispelling the Myths of “Illegals” at the U.S. Border

Asylum seekers arriving at the southern border. Photo: Daniel Arauz via Flickr, CC


The United States has long guaranteed the right to seek asylum for individuals arriving at the nation’s southern border to seek protection from political violence, government corruption, or drug cartel-funded police or gangs. Since March 2020, that fundamental right has been largely suspended. The Trump administration’s hardline policies, the covid-19 pandemic, and now the virus’ delta variant, continue to produce many myths about asylum seekers.

 

Myth #1: Asylum seekers are ‘illegals.’


Evidenced by media broadcasts of protesters carrying signs stating “Illegals go Home,” many people in the U.S. have misconceptions and/or do not understand the asylum process.

 

The terms “refugees” and “migrants” are similar; the term “asylum seeker” is applied to those who have experienced certain events or actions which qualify them to seek asylum in the U.S. For the purposes of this article, I will use “asylum seekers”.

 

The term “illegals” applies to anyone entering the United States with a criminal record; they are deported.

 

The United Nations’ 1951 Convention and the 1967 Protocol define a refugee as a person who is unable or unwilling to return to his or her home country and cannot obtain protection in that country due to past persecution or a well-founded fear of being persecuted in the future on account of race, religion, nationality, membership in a particular social group, or political opinion.

 

The legal basis for the humanitarian admission of asylum seekers was incorporated by Congress into the United States’ immigration law in the Refugee Act of 1980, which established two paths to obtain refugee status: either from abroad as a resettled refugee or in the U.S. as an asylum seeker. The American Immigration Council states: “Those granted asylum can apply to live in the U.S. permanently, gain a path to citizenship, and can also apply for their spouse and children to join them in the United States. Asylum is a protection granted to foreign nationals already in the U.S. or arriving at the border who meet the international law definition of a ‘refugee.’”

 

Thus, the U.S. — because of its immigration law — has legal obligations to provide protection to those who qualify as asylum seekers.

 

Myth #2: Asylum seekers are rapists and criminals.

 

The asylum process is lengthy; it can take as little six months, but more often takes several years.

 

The United States shares approximately 1,900 border miles with Mexico and there are several ports of entry.

 

First, asylum seekers apply at a port of entry and the Border Patrol issues a paper stating they can pass the checkpoint. Then, they must pass a screening — called the Credible Fear interview — before an asylum officer, a supervisory officer, and an immigration judge. This interview will determine if the applicant has a well-founded and credible fear of persecution or torture if returned to their home country.

 

If applicants are found to be unlikely to flee and do not pose a safety threat, they must post bail — which they often cannot afford. They are usually released to a family member or sponsor with a permit called “parole” or under supervision with an ankle bracelet to await an immigration court hearing. Data show that 96% of asylum applicants show up to all immigration court hearings even if they have to travel great distances.

 

If officials determine an applicants’ claim is not credible, they are ordered for “expedited removal” and do not receive an immigration court hearing. Anyone entering the U.S. with a criminal record is deported.

 

Once granted asylum, a person is protected from being returned to their home country, is authorized to work in the United States, may apply for a Social Security card, may request permission to travel overseas, and can petition to bring family members to the United States. After one year, that person may apply for lawful permanent resident status, i.e., a green card. Once the individual becomes a permanent resident, they must wait for four years to apply for citizenship.

 

Myth #3: Asylum Seekers from South America bring covid-19 into the United States.

 

As outlined above, the asylum process requires passing the Credible Fear interview, having a designated family or sponsor to stay with until a court cases is available, and passing a covid-19 screening test.

 

U.S. health law, Title 42, permits the director of the Centers for Disease Control and Prevention (CDC) to “prohibit … the introduction into the United States of individuals when the director believes there is serious danger of the introduction of a communicable disease, into the United States.” 

 

Customs officers — which include officers of U.S. Customs and Border Protection (CBP) — can implement any such order issued by the CDC. This includes individuals who would normally be detained by CBP after arriving at the border, including asylum seekers, unaccompanied children, and people attempting to enter the U.S. without inspection.

 

CBP personnel conduct initial inspections for covid-19 symptoms or risk factors and consult with medical personnel, the CDC, or local health systems. Suspected covid-19 cases are referred to local health systems for appropriate testing, diagnosis, and treatment.

 

The city of Brownsville, Tex., near the International Bridge with Matamoros, Mexico, administers rapid covid-19 tests at the bus station after families are released by the Border Patrol. For anyone testing positive, the asylum process is halted until they are covid-free.

 

Since beginning these tests, from Jan. 25 to Mar. 2, 2021, 108 migrants have tested positive, which is 6.3% of those who took the test. Brownsville does not have the authority to detain these asylum seekers who will travel to dozens of cities throughout the country. Those who test positive are instructed to quarantine at nonprofits, hotels, or shelters in the border area with areas set aside for those who test positive. Everyone is routinely tested until negative results occur and then released.

 

Myth #4 Unaccompanied Children are Illegals.   

 

On Feb. 17, 2017, another Trump administration policy separating children from their parents was instituted for “entering the U.S. illegally” and to “deter further migration,” although many children arrived with their parents to request asylum.

 

The parents were placed in the criminal justice system. The children were placed in the Department of Justice’s Office of Immigration Review (OIR).

 

Children were housed unsupervised in hotels and Border Patrol holding cells. The whereabouts of many children or their parents remain to hamper the present administration’s attempts to reunite those families.

 

Unaccompanied children are not “illegals” — they have the same rights as other asylum seekers escaping their country in search of a better life.

 

The risks at home outweigh the potential dangers of the road. Most are teenage boys, though girls and younger children also attempt the trip. For one teen interviewed by the New York Times in 2019, the decision to leave came when a gang in his hometown told him that if he didn’t join their ranks, they would kill him and his family. There was no doubt they were serious, he said; gang members had already murdered his older brother.

 

 

In Part 3, we will look at the current situation at the border and efforts by the Biden/Harris administration to confront it constructively. Read Part 1 here.

 

Sources:

“Backlog at U.S. immigration courts getting worse, new research finds,” Sandra Sanchez, June 15, 2021, Border Report.

https://www.borderreport.com/hot-topics/immigration/backlog-at-u-s-immigration-courts-getting-worse-new-research-finds/

 

“Migrant encounters at U.S.-Mexico border are at a 21-year high,” John Gramlich, Aug. 13, 2021, Pew Research Center.

https://www.pewresearch.org/fact-tank/2021/08/13/migrant-encounters-at-u-s-mexico-border-are-at-a-21-year-high/

 

“Detentions of Child Migrants at the U.S. Border Surges to Record Levels,” Paulina Villegas, Oct. 29, 2019, The New York Times.

https://www.nytimes.com/2019/10/29/world/americas/unaccompanied-minors-border-crossing.html

 

“Disabled migrant girl whose father carried her most of the journey from Honduras allowed to seek care in U.S.,” Sandra Sanchez, May 10, 2021, Border Report.

https://www.borderreport.com/hot-topics/immigration/disabled-migrant-girl-whose-father-carried-her-most-of-the-journey-from-honduras-allowed-to-seek-care-in-u-s/

 

“Photo of Drowned Migrants Captures Pathos of Those Who Risk It All,” Azam Ahmed and Kirk Semple, June 25, 2019, The New York Times.

https://www.nytimes.com/2019/06/25/us/father-daughter-border-drowning-picture-mexico.html


 

Jessica R. Clark is a graduate of the University of Maryland School of Journalism. After a 30-year career as a Public Information Specialist and photojournalist for several federal government agencies in Washington, D.C., she retired to Georgetown, Delaware. She restored former Governor John Collins’ 1790s home on Collins Pond, volunteers for and promotes several nonprofits in local newspapers, teaches English as a Second Language in James H. Groves Adult High School, and is a Sussex County Master Gardener. 

 

 

Common Sense for the Eastern Shore

By CSES Staff October 24, 2025
 Sparking alarm among housing advocates, social workers, and residents, Salisbury Mayor Randy Taylor has announced plans to gut Salisbury’s nationally recognized Housing First program, signaling a break from years of bipartisan progress on homelessness. Created in 2017 under then-Mayor Jacob Day, the initiative was designed around a simple but powerful principle: that stable, permanent housing must come first before residents can address problems with employment, health, or recovery. The program was designed to provide supportive housing for Salisbury’s most vulnerable residents — a model backed by decades of national data showing it reduces homelessness, saves taxpayer dollars, and lowers strain on emergency services. But under Taylor’s leadership, that vision appears to be ending. In a letter to residents, the City of Salisbury announced that the Housing First program will be shut down in 2027, in effect dismantling one of the city’s long-term programs to prevent homelessness. Taylor says he plans to “rebrand” the program as a temporary “gateway to supportive housing,” shifting focus away from permanent stability and toward short-term turnover. “We’re trying to help more people with the same amount of dollars,” Taylor said. Critics call that reasoning deeply flawed, and dangerous. Former Mayor Jacob Day, who helped launch the initiative, says that Housing First was always intended to be permanent supportive housing, not a revolving door. National studies show that when cities replace permanent housing programs with short-term placements, people end up right back on the streets, and that costs taxpayers more in emergency medical care, policing, and crisis intervention. Local advocates warn that Taylor’s move will undo years of progress. “This isn’t just a policy shift, it’s a step backward,” one social service worker said. “Housing First works because it’s humane and cost-effective. This administration is turning it into a revolving door to nowhere.” Even some community partners who agree the program needs better oversight say that Taylor is missing the point. Anthony Dickerson, Executive Director of Salisbury’s Christian Shelter, said the city should be reforming and strengthening its approach, not abandoning its foundation. Under Taylor’s proposal, participants could be limited to one or two years in housing before being pushed out, whether or not they’re ready. Advocates fear this change could push vulnerable residents back into instability, undoing the progress the city was once praised for. While Taylor touts his plan as a way to “help more people,” critics say it reflects a troubling pattern in his administration: cutting programs that work. For years, Salisbury’s Housing First initiative has symbolized compassion and evidence-based leadership and has stood as a rare example of a small city tackling homelessness with dignity and results. Now, as Taylor moves to end it, residents and advocates are asking a simple question: Why would a mayor tear down one of Salisbury’s most successful programs for helping people rebuild their lives?
By John Christie October 24, 2025
On the first Monday of October, the Supreme Court began a new term, Term 2025 as it is officially called. The day also marked John Roberts’ 20 years as Chief Justice of what history will clearly record as the Roberts Court. Twenty years is a long time but at this point, Roberts is only the fourth longest serving Chief Justice in our history. John Marshall, the fourth and longest, served for 34 years, 152 days (1801–35). Roger Brooke Taney, served for 28 years, 198 days (1836–64). Melville Fuller, served 21 years, 269 days (1888 to 1910). John Roberts was originally nominated by George W. Bush to fill the seat held by the retiring Sandra Day O’Connor but, upon the unexpected death of William Rehnquist, Bush instead nominated Roberts to serve as Chief Justice. His nomination was greeted by enthusiasm and high hopes in many quarters. He was young, articulate, personable, and highly qualified, having had an impressive academic record, experience in the Reagan administration and the private bar, and service on the federal D.C. Court of Appeals for two years. His “balls and strikes” comment at his confirmation hearing struck many as suggesting judicial independence. He sounded as well very much like an institutionalist, having said at an early interview that “it would be good to have a commitment on the part of the Court to act as a Court.” Whatever else might be said 20 years later about the tenure of John Roberts as Chief Judge, the Supreme Court is no doubt much less popular and much more divisive today than it was on September 29, 2005, when he was sworn in as the 17th Chief Justice by Justice John Paul Stevens, then the Court’s most senior associate justice, and witnessed by his sponsor, George W. Bush. Gallup’s polling data shows popular support for the Court now at the lowest levels since they started measuring it. In July 2025, a Gallup poll found that, for the first time in the past quarter-century, fewer than 40% of Americans approved of the Supreme Court’s performance. According to Gallup, one major reason that approval of the Supreme Court has been lower is that its ratings have become increasingly split along party lines — the current 65-point gap in Republican (79%) and Democratic (14%) approval of the court is the largest ever. The legal scholar Rogers Smith wrote in The Annals of the American Academy of Political and Social Science in June, “Roberts’s tenure as Chief Justice has led to the opposite of what he has said he seeks to achieve. The American public now respects the Court less than ever and sees it as more political than ever.” These results signify more than simply a popularity poll because a Court without broad public support is a Court that will not have the same public respect upon which their most important decisions have historically depended. And, whatever the reasons for this development, it has happened on John Roberts’s watch. There is no better example of the current divisiveness on the Court than the remarkable string of “emergency” rulings on the Court’s so-called shadow docket since January 20. The extent of ideological and partisan differences has been sharp and extreme. The conservative majority’s votes have frequently been unexplained, leaving lower court judges to have to puzzle the decision’s meaning and leaving the public to suspect partisan influences. And the results of these shadow docket rulings have had enormous, sometimes catastrophic, consequences: Removing noncitizens to countries to which they had no ties or faced inhumane conditions Disqualifying transgender service members Firing probationary federal workers and independent agency heads Ending entire governmental departments and agencies without congressional approval Allowing the impounding of foreign aid funds appropriated by Congress Releasing reams of personal data to the Department of Government Efficiency Allowing immigration raids in California based on racial and ethnic profiling John Roberts has written many Supreme Court opinions in his 20 years as Chief Justice. At the 20-year mark, the most important, to the nation and to his legacy, will likely be his opinion in the Trump immunity case, which changed the balance of power among the branches of government, tipping heavily in the direction of presidential power. Trump v. United States (2024). In her dissent from his majority opinion in that case, Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, warned about the consequences of such a broad expansion of presidential power. “The Court effectively creates a law-free zone around the president,” upsetting the status quo that had existed since the nation’s founding and giving blanket permission for wrongdoing. “Let the president violate the law, let him exploit the trappings of his office for personal gain, let him use his official power for evil ends. In every use of official power, the president is now a king above the law.” Roberts claimed in his majority opinion that the “tone of chilling doom” in Sotomayor’s dissent was “wholly disproportionate” to what the ruling meant. However, Sotomayor’s words have proved prescient: the breadth of power that Trump and his administration have asserted in the months since he was sworn in for his second term has made plain how boundlessly they now interpret the reach of the presidency in the wake of the Roberts opinion. Despite the early “balls and strikes” comment, the assessment of John Roberts’ long term judicial record suggests something different as seen by several distinguished legal commentators from significantly different perspectives. As summarized by Lincoln Caplan, a senior research scholar at Yale Law School, in a new retrospective article on Robert’s 20-year tenure, “From his arrival on the Court until now, his leadership, votes, and opinions have mainly helped move the law and the nation far to the right. An analysis prepared by the political scientists Lee Epstein, Andrew Martin, and Kevin Quinn found that in major cases, the Roberts Court’s record is the most conservative of any Supreme Court in roughly a century.” “What Trump Means for John Roberts's Legacy,” Harvard Magazine , October 8, 2025. Steve Vladeck, Georgetown Law Center professor and a regularly incisive Court commentator, characterized the 20-year Roberts’ Court as follows: “The ensuing 20 years has featured a Court deciding quite a lot more than necessary — inserting itself into hot-button social issues earlier than necessary (if it was necessary at all); moving an array of previously settled statutory and constitutional understandings sharply to the right; and, over the past decade especially, running roughshod over all kinds of procedural norms that previously served to moderate many of the justices’ more extreme impulses.” “The Roberts Court Turns Twenty,” One First , September 29, 2025. In another remarkable new article by a widely respected conservative originalist, similar concerns about the present Court have very recently been expressed. Caleb Nelson, who teaches at the University of Virginia and is a former law clerk to Justice Clarence Thomas, has written that the text of the Constitution and the historical evidence surrounding it in fact grant Congress broad authority to shape the executive branch, including by putting limits on the president’s power to fire people. “Must Administrative Officers Serve at the President’s Pleasure?” Democracy Project, NYU LAW , September 29, 2025. When the First Congress confronted similar ambiguities in the meaning of the Constitution, asserts Nelson, “more than one member warned against interpreting the Constitution in the expectation that all presidents would have the sterling character of George Washington.” Nelson continues, “The current Supreme Court may likewise see itself as interpreting the Constitution for the ages, and perhaps some of the Justices take comfort in the idea that future presidents will not all have the character of Donald Trump. But the future is not guaranteed; a president bent on vengeful, destructive, and lawless behavior can do lasting damage to our norms and institutions.” John Christie was for many years a senior partner in a large Washington, D.C. law firm. He specialized in anti-trust litigation and developed a keen interest in the U.S. Supreme Court about which he lectures and writes. 
By Jan Plotczyk October 24, 2025
If you’ve ever wondered just how slavishly loyal Rep. Andrew P. Harris (R-MD01) is to President Donald Trump, you can now put a number on it! Just consult the Republican National Platform Ratings. When you do, you will find that Rep. Harris has a very high overall score: 90.38%. He is the most aligned with the Trump/GOP platform among Maryland’s congressional representatives. No surprise there. Among all U.S. senators and representatives (using 2024 votes), Harris is 43rd most aligned. One might expect more from the chair of the right-wing Freedom Caucus. Harris scores at 90.38% aligned overall. His ratings by topic range from 82.98% to 100%. The topics refer to chapters in the platform: Defeat inflation and quickly bring down all prices. Seal the border and stop the migrant invasion. Build the greatest economy in history. Bring back the American Dream and make it affordable again for families, young people, and everyone. Protect American workers and farmers from unfair trade. Protect our Constitution and seniors. Cultivate great K-12 schools leading to great jobs and great lives for young people. Bring common sense to our government and renew the pillars of American civilization. Government of, by, and for the people. Return to peace through strength. Here are all Harris’s scores:
By CSES Staff October 24, 2025
Several thousand people turned out on Oct. 18 in communities across the Eastern Shore to participate in the national “No Kings Day” protests, joining thousands of simultaneous events nationwide opposing the policies of President Trump’s administration. Demonstrations were held in Salisbury, Ocean City, Easton, Cambridge, Chestertown, and Centreville. These gatherings were part of a broader coalition effort that organizers say reflects frustration with the administration’s direction and a demand for renewed accountability and democracy. Participants across the Shore held signs and expressed concerns about immigration enforcement, executive power, and transparency in government. In jurisdictions that lean Republican and supported Trump in 2024, the rallies underscore a growing discrepancy between voting patterns and present activism. For example, in Queen Anne’s County — where the Trump vote was strong — residents joined the demonstration with statements of surprise at the turnout. Despite the scale of national mobilization, local organizers emphasized that the protest is rooted in community values of fairness, participation, and civic voice. One organizer on the Shore described the event as a reminder that “when people choose to show up, they remind their communities what democracy looks like.” Authorities reported no major disruptions during the Shore events, and police in some areas confirmed the rallies proceeded peacefully. For many in the region, the demonstrations mark an opening moment for more active civic engagement on the Shore, one that observers say could reshape local politics in counties historically seen as less partisan.
By CSES Staff October 24, 2025
The Maryland Democratic Party has launched a statewide initiative, Contest Every Seat, that aims to recruit candidates to run for public office across all levels of government ahead of the 2026 elections. Party officials say the goal is to ensure voters in every district across Maryland have a choice on the ballot. The program will include outreach, training sessions, and support for prospective candidates considering campaigns for local, county, and state positions. “The effort is designed to encourage Marylanders who want to make change in their communities to step up and take action,” the party announced. Interested individuals can visit mddems.org/run for information about the application process and training opportunities. The Maryland Democratic Party said similar initiatives in past election cycles helped increase candidate recruitment in local and rural areas, including the Eastern Shore.
By CSES Staff October 24, 2025
With the federal government now shut down for more than three weeks, Maryland is losing hundreds of thousands of dollars in revenue daily, a reflection of the state’s deep economic ties to the federal workforce. According to the Maryland Comptroller, approximately 230,000 Marylanders work directly for the federal government, with an additional 200,000 employed by federal contractors. The state’s economy, long intertwined with the operations of nearby federal agencies, is feeling the strain as paychecks stall and agencies close. Comptroller Brooke Lierman estimates Maryland is losing about $700,000 in state revenue each day — roughly one percent of the state’s average daily revenue of $100 million. “That is a small piece of our overall state budget,” Lierman said, “but as long as all our federal workers are paid what they are owed, that money will get back to us.” Federal employees generally receive back pay after shutdowns end, but recent statements from President Trump suggesting that furloughed workers may not be repaid have created uncertainty. More than 150 members of Congress, including Maryland’s entire Democratic delegation, signed a letter this week urging the Trump administration to guarantee back pay under the 2019 Government Employee Fair Treatment Act, which requires compensation for federal employees affected by a shutdown, and which Trump himself signed into law. Rep. Sarah Elfreth (D-MD03) said Congress is prepared to defend those protections. “Denying that pay would be illegal, and we will use every tool we have — both in Congress and in the courts — to ensure federal employees are made whole,” she said. During the 35-day federal shutdown in 2019, Maryland lost more than $13 million daily in economic activity and over $550,000 daily in tax revenue, according to state data. This latest shutdown comes amid broader federal workforce reductions under the U.S. Department of Government Efficiency, which announced layoffs earlier this year. A federal judge temporarily halted further cuts on Oct. 15 following a legal challenge. The effects extend beyond government offices. Universities such as Johns Hopkins and the University of Maryland Baltimore Washington Medical Center report disruptions to federally funded research projects and grant cycles. Gov. Wes Moore has directed state agencies to provide emergency support to furloughed federal workers, including housing and utility assistance. On Oct. 17, Moore announced the Maryland Transit Administration will offer free MARC and commuter bus rides to federal employees who show valid government ID. “This is what Maryland does in times of crisis, we band together and help each other out,” Moore said. “But no state can fill the gap created by the federal government. The longer this shutdown lasts, the more pain we will feel.” There is no indication of when negotiations in Washington to end the shutdown will resume.
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