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Mayor Eric Adams talks about growing up “on the edge of homelessness” frequently. “I carried a trash bag to school filled with my clothes because my mother was worried that we would be forced onto the streets without warning and wouldn’t have a change of clothing,” he said in a December speech. The anecdote, which he’s used both as a candidate and now as mayor, artfully communicates empathy for New York’s vulnerable, and a personal understanding of what too often can seem an abstract, intractable issue. Yet Adams has also been shaped, to an even greater extent, by the 22 years he spent working as a city cop.
The tension between those two formative influences has been on acute display in this month, as Adams has grappled with two high-profile crises. On May 1, Jordan Neely, a homeless 30-year-old Black man, was choked to death by Daniel Penny, a 24-year-old white former Marine, as they rode the subway through Manhattan, a killing partially documented by an excruciating nearly four-minute-long video. Penny, who is facing a felony charge of second-degree manslaughter, told the New York Post over the weekend that he didn’t feel ashamed about what he did, and if in a similar scenario, he’d do the same thing; his lawyers have claimed Penny acted to defend himself and other passengers being threatened by Neely. The lawyer for Neely’s family has noted witness accounts that Neely did not physically attack anyone before he was killed. The incident hasn’t just inflamed the local debate over public safety—it has become the latest highly-politicized flashpoint in the national conflict over excessive force being used against Black Americans, widespread homelessness, and the gaping holes in the nation’s mental health system.
After Neely’s death, the mayor expressed sympathy for the victim, but he has not explicitly condemned Penny, and he has been slow to caution citizens about taking matters into their own hands. “The circumstances surrounding his death are still being investigated, and while we have no control over that process, one thing we can control is how our city responds to this tragedy,” Adams said in a 14-minute speech delivered nine days after the subway killing, and two days before Penny was arrested. “One thing we can say for sure, Jordan Neely did not deserve to die, and all of us must work together to do more for our brothers and sisters struggling with serious mental illness.”
The second, slower-moving calamity is the arrival of thousands of migrants to the city, some of whom have been sent as a political stunt by Texas governor Greg Abbott. Many of them are landing either in the streets or in New York’s shelter system—which is bursting with about 80,000 people, a population larger than that of Scranton, Pennsylvania, and Wilmington, Delaware. The mayor’s reaction has often combined punishment and pique. Early last year, Adams announced a push to clear homeless encampments from the city’s streets and subways; last fall, he announced that authorities, including police, would hospitalize—involuntarily, if necessary—people deemed to be too sick to care for themselves. The latter policy had, for all practical purposes, already been in effect, and measuring the impact of the two decrees is difficult. “The mayor claimed at one point that 1,300 people had been approached and brought in and stabilized. But we and members of the press have asked for the data to back that up,” says Dave Giffen, executive director of the Coalition for the Homeless. “Do you see fewer people sleeping on the subways? I don’t.”
The arrival of 67,000 asylum seekers in the past year has greatly increased the strain, and Adams has reacted with anger and exasperation—some of which is on target. The city has spent hundreds of millions of dollars to pay for the fallout from a border crisis whose causes are thousands of miles away, and whose resolution is mired in Washington politics. Adams’s budget frustration is justifiable, though his outbursts may prove politically counterproductive. Declaring that “the city is being destroyed by the migrant crisis” and that “the president and the White House have failed this city” handed Republicans a juicy sound bite, and got Adams dropped as a surrogate for Joe Biden’s reelection bid. The mayor’s rhetoric risks a repeat of last fall, when Adams’s hyping of the city’s crime problems was used by Republicans in fear-mongering midterm attacks that helped swing enough New York House seats to keep Democrats from gaining a majority.
“It’s disappointing that the mayor from a city that defines our history as a nation of immigrants is approaching this with such negativity,” says Angela Kelley, a former senior official in Biden’s Department of Homeland Security and now an adviser to the American Immigration Lawyers Association. “I don’t think that, in this case, the squeaky wheel is the one that’s going to get the oil. And it’s Congress that holds the purse strings, so his ire should go to that end of Pennsylvania Avenue.” Adams has been more conciliatory toward New York’s delegation on Capitol Hill, headed by Senate majority leader Chuck Schumer and House minority leader Hakeem Jeffries, as he presses for a larger share of FEMA money to be sent to the city. “You know how he operates—he’s looking to spread the blame,” a New York Democratic congressional insider says. “The city applied for all $350 million of the FEMA money because that’s where their need is right now, and probably larger than that. They got $30.5 million of it. We recognize it’s just the first step and that we need to keep on working with them to get more.”
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Washington — An eight-year-old migrant girl died in federal U.S. custody on Wednesday after crossing the southern border with her family, according to Customs and Border Protection (CBP) officials.
The migrant girl died after experiencing a “medical emergency” inside a U.S. Border Patrol station in Harlingen, Texas, where she was being held with family members, CBP said in a statement Wednesday. The girl was pronounced dead at a local hospital, the agency added.
In its statement, CBP said the agency was investigating the death, and that it planned to disclose “additional information” later on. Congressional officials were also notified of the death Wednesday.
“Consistent with CBP protocol, the Office of Professional Responsibility is conducting an investigation of the incident,” the agency said. “The Department of Homeland Security’s Office of Inspector General and the Harlingen Police Department were also notified.”
The girl’s death marks the first known death of a migrant child in Border Patrol custody since the Trump administration, when several minors died, including because of flu infections.
Last week, Department of Health and Human Services (HHS) officials disclosed the death of a 17-year-old migrant teen from Honduras who was being housed in one of the department’s shelters for unaccompanied minors in Florida. HHS is also investigating that death, which officials said likely stemmed from an epileptic seizure.
U.S. border officials transfer migrant children to HHS if they cross the southern border without parents or legal guardians. In March, a four-year-old girl from Honduras described as “medically fragile” died in HHS custody, but her death was not reported until last week.
At least six migrant children died in federal custody in 2018 and 2019, most of them in Border Patrol custody or soon after being released by the agency.
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An expected spike in illegal crossings along the U.S.-Mexico border after the termination of the Title 42 pandemic-era migration control policy earlier this week did not materialize in the immediate aftermath of the policy change, according to government data obtained by CBS News.
On Friday, the first day since March 2020 in which the U.S. could no longer cite Title 42 to expel migrants, Border Patrol agents apprehended roughly 6,300 migrants, a sharp drop from record levels of illegal entries reported days earlier, a senior U.S. official told CBS News, requesting anonymity to provide unpublished figures.
Earlier in the week, in the lead-up to Title 42’s expiration at 11:59 p.m. EDT Thursday, Border Patrol apprehensions soared to all-time highs. In three days this week, Border Patrol recorded more than 10,000 daily migrant apprehensions.
In an interview with CBS News, Gloria Chavez, the top Border Patrol official in Texas’ Rio Grande Valley, said Saturday had been a “quiet day.” She noted that her sector recorded 1,900 migrant apprehensions on Friday, after recently averaging 2,700 daily migrant arrivals.
Still, Chavez noted that holding facilities in the Rio Grande Valley had roughly 5,000 migrants as of Saturday, above the 4,600-person capacity.
“We’re absolutely not out of the woods yet,” Chavez said. “We’re gonna continue to work really hard and get these agents the resources that they need.”
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A public health authority first invoked by the Trump administration at the outset of the COVID-19 pandemic, Title 42 allowed U.S. border officials to expel migrants 2.7 million times to their home country or Mexico without hearing their asylum claims. Its end was triggered by the expiration of the COVID-19 public health emergency.
The unexpected lower number of illegal crossings right after Title 42’s termination could be a sign that the recent spike in migration peaked before the policy’s end. However, 6,300 daily apprehensions is still a historically high level, and another sharp increase in migrant crossings could still occur in the future.
In a federal court filing on Friday, Matthew Hudak, Border Patrol deputy chief, said his agency was still preparing for daily migrant arrivals to increase to between 12,000 and 14,000. The agency also continues to face major operational challenges, with more than 20,000 migrants in its custody, and several facilities over-capacity.
Concerns about even higher numbers of migrants in Border Patrol custody, and more overcrowding, have intensified after a federal judge in Florida earlier in the week blocked a policy that allowed the agency to quickly release some low-risk migrants to reduce the number of individuals in overcrowded facilities.
The Biden administration urged U.S. District Judge Kent Wetherell to pause his ruling, saying it would lead to “dangerous overcrowding” and could force Border Patrol to decline to arrest some migrants to mitigate those conditions. But in an order Saturday, Wetherell declined to suspend his ruling, calling the government’s request “borderline frivolous.”
The “‘chaos’ that the President recently acknowledged has been going on at the Southwest Border ‘for a number of years’ is largely a problem of Defendants’ own making because they effectively incentivized the ‘irregular migration’ that has been ongoing since early 2021 through the adoption and implementation of immigration policies that prioritized ‘alternatives to detention’ over actual detention,” Wetherell wrote in his order.
The Biden administration is betting that it will be able to reduce the historically high levels of migration recorded over the past two years through a strategy that pairs deterrence measures, including more deportations and a restriction on asylum, with increased legal migration channels.
A centerpiece of the strategy is a rule implemented Friday that disqualifies migrants who enter the U.S. without permission if they did not first seek refuge in a third country en route to American soil. Those subjected to the regulation could face deportation to Mexico or their home country, as well as a five-year ban on re-entering the U.S.
At the same time, the administration is expanding programs for migrants to come to the U.S. legally, including through a mobile app for asylum-seekers in Mexico and a program for migrants from Cuba, Haiti, Nicaragua and Venezuela who have American sponsors.
That strategy, however, is now facing legal challenges from multiple directions. Republican-led states are asking a federal judge in Texas to block the sponsorship program for Cuban, Haitians, Nicaraguans and Venezuelans, while migrant advocates recently asked a federal judge in California to declare the new asylum restriction illegal.
During a briefing with reporters on Friday, Blas Nuñez-Neto, the top Department of Homeland Security official on immigration and border policy, said the administration was “concerned about the impact litigation will have on our ability to execute this plan.”
“The lawsuits we are facing, frankly from both sides of the aisle, clearly demonstrate just how fundamentally broken our immigration system is,” Nuñez-Neto said, noting that the only “lasting solution” to address migration to the U.S. southern border could come from Congress.
— Nicole Sganga contributed to this report.
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El Paso, Texas — A federal judge in Florida on Thursday temporarily blocked the Biden administration from continuing a migrant release policy designed to alleviate overcrowding at immigration holding facilities along the U.S.-Mexico border.
The ruling came just hours before the Title 42 border restrictions expired at 11:59 p.m. EDT Thursday, raising concerns about severe overcrowding in already over-capacity Border Patrol migrant facilities.
U.S. District Judge Kent Wetherell ordered the Biden administration to halt the quick migrant release policy at the same it discontinued the Title 42 pandemic-era order, granting a request by Republican officials in Florida.
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In March, Wetherell also blocked a similar Biden administration migrant release policy in a ruling on a lawsuit brought by the Florida attorney general.
Florida is arguing that this new policy is also illegal.
Wetherell’s order will expire in 14 days in order to give the Biden administration time to seek an emergency stay on the ruling. Another hearing in the case is scheduled for May 19.
In a filing opposing the request by Florida, the Biden administration said the number of migrants stuck in Border Patrol custody could soar to 45,000 by the end of the month if the expedited releases were blocked in court. On Thursday, Border Patrol had nearly 25,000 migrants in its custody, despite only having the capacity to hold several thousand individuals in stations, processing centers and tents.
The ruling raises the prospect of even higher numbers of migrants being stranded in Border Patrol custody in dangerously overcrowded conditions amid a spike in migrant arrivals.
In the lead-up to the expiration of Title 42, daily migrant crossings along the U.S.-Mexico border have reached record levels, with border officials averaging roughly 10,000 apprehensions per day.
Earlier on Thursday, Border Patrol Raul Ortiz told CBS News that another 60,000 migrants were waiting on the Mexican side of the border, hoping to enter the U.S.
The memo at the center of Thursday’s ruling allows Border Patrol to conduct expedited releases of some migrants without giving them court notices as part of an effort to reduce overcrowding in detention facilities.
Migrants who are found to not be a risk to public safety or national security could be considered for this quick release under the humanitarian parole authority. Those released under this policy, which has been used before during spikes in migrant crossings, will be instructed to check in at U.S. Immigration and Customs Enforcement offices across the country so they can receive a court notice there.
In an interview Thursday, Ortiz, the Border Patrol chief, said the expedited release policy was helping his agency reduce overcrowding, noting that some border sectors were “over capacity.”
“We’re working closely with our NGO partners, our communities to make sure that we release those migrants after they’ve been vetted and cleared, and they pose no significant threat to the community,” he said.
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