Feb. 24, 2022: Millions across the world watched in horror as Russia invaded Ukraine. A war that, to date, has resulted in tens of thousands of casualties and a mass exodus from Ukraine seeking safe haven.
One week later, on March 3, 2022, Department of Homeland Security Secretary Alejandro Mayorkas announced Temporary Protected Status (TPS) valid for 18 months for Ukrainians inside the United States on or before March 1, 2022. Soon after, the Biden Administration announced a plan to admit 100,000 Ukrainians into the U.S. through the U.S. Refugee Admissions Program, various visas, and special entry at the U.S.-Mexico border.
Yet, before the Ukraine invasion, going back to pre-pandemic times, hundreds of thousands, possibly millions, of refugees came to the southern border — just a few miles from San Diego — desperately seeking refuge and safe haven from the violence and war in their home countries. Refugees from the Northern Triangle in Central America: Guatemalans, Salvadorans, and Hondurans; Africans from Cameroon, Democratic Republic of Congo, Eritrea, and Somalia, among others; Catholic Pakistanis fleeing religious persecution; and others from Latin American and Caribbean countries, including Haiti, Cuba, Venezuela, and Nicaragua.
Yet none of these countries’ citizens, other than Ukraine, have been given specialized assistance in entering the United States. Many have asked, what’s the difference? Race.
The country saw images of Border Patrol Agents on horseback whipping Haitian refugees in Del Rio, Texas, in November 2021. Sure, there was some outrage, but there was no action by the U.S. government to help these Haitians safely apply for asylum in the United States, as is their right under the law. In fact, over 20,000 Haitian refugees have been deported since Biden’s inauguration, including the majority of those in Del Rio.
Cameroon, an African country marred by a decades-long civil war between anglophones and francophones, only received TPS on April 15, 2022, after community outcry given Ukraine’s swift TPS announcement.
Until just a few weeks ago, at the San Ysidro-Tijuana Border Crossing, while Ukrainians were presenting themselves to officers and being ushered into the country, black and brown refugees were (and still are) being expelled under Title 42, a Trump-era CDC COVID-19 rule. Notably, Title 42 was only implemented at the Southern Border with Mexico, but not the Northern Border with Canada. And, though the Biden administration has announced plans to end Title 42 on May 23, 2022, the GOP has stated its intention to block COVID-related relief if Title 42 is, in fact, ended. Three GOP states — Missouri, Arizona, and Louisiana — sued the Biden Administration on April 3, 2022, to block the end of Title 21. Since then, 21 more states have joined as plaintiffs. Arizona v. CDC, No. 6:22-cv-00885 (W.D.La. Apr. 14, 2022)
Ukrainians are truly in desperate need of assistance and refuge. No one argues to the contrary. But the sense of urgency the Biden administration extended to Ukrainians should have been — and should be — extended to the thousands of black and brown migrants who have been waiting for years to apply for asylum in the United States. This disparate treatment has never been more visible than when a Ukrainian family and a Central American family presented themselves at the San Ysidro Port of Entry in late March. The Central American family was swiftly rejected, but the Ukrainian family was allowed entry.
Refugees, regardless of their race or country of origin, must be treated equally and with dignity. Preferential treatment of certain migrants is a gross miscarriage of justice and, ultimately, a violation of human rights and international law.
Bio: Maria C. Chavez is a partner at the boutique immigration law firm Jacobs & Schlesinger LLP in San Diego, CA. She represents clients in a wide range of immigration matters including removal defense in immigration court, family-based petitions, and humanitarian remedies. She frequently gives presentations in the community and volunteers with immigrant rights organizations throughout San Diego. She is a member of the Committee of Diversity and Inclusion and the Immigration Section. She is also the incoming chair of the San Diego Chapter of the American Immigration Lawyer’s Association.