Drafting. The recent detention of eight Hondurans in Florida, a state located further southeast of the United States, has generated outrage and concern, especially among human rights defenders and the migrant community.
Compatriots are accused of alleged burst of homelessness and property damage, although activists such as Itsmania Platero, an expert on migration issues, have argued that they are workers in the best of opportunities.
Platero argued that migrants are not criminals, but people who have come to the United States to work. The Chancellery (of Honduras), through the consular assistant, must visit these Hondurans and give them assistance so that they do not violate the process. They are not criminals, they are people who came to work,” the expert explained to Diario Tiempo.
The activist stressed that, after Donald Trump’s victory in the recent election, they stepped up the implementation of anti-immigrant laws in states such as Florida and Texas. These regulations include SB-1718 and SB-4, considered to be the most severe against undocumented migrants.
Right now that Trump wins, Marco Rubio, who is from Florida, had the biggest impact. He was one of the first to talk about the raids and the resurgence against the illegal migrant, Platero added.
Also due to the ravages caused by Hurricane Milton, according to the defender, a campaign was carried out to attract workers to Florida. But a state domestic law prohibits such recruitments to outsiders, complicating the situation of detained Hondurans, who claimed to have mobilized from Texas to Florida for the reconstruction of homes affected by Hurricane Milton.
These compatriots are harmed to private property because they are classified as invaders, and a house raid because they are put in a territory that is not theirs, he stressed.
Legal options
For Platero, one of the alternatives for migrants is to apply for asylum in the United States. However, the process requires an amparo file to demonstrate the reasons why they cannot be returned to Honduras: The option they have is to apply for asylum, but Florida is not giving asylum if they do not present the evidence. If these Hondurans don’t have these tests, there’s no choice. Honestly, it is very difficult for a migrant to enter the United States by gaining political asylum.
U.S. law punishes illegal work with arrests that can last between six months and one year, depending on the state. In addition, if migrants sign a deportation application, they will be disqualified from returning to the United States for at least 10 years. “If they say, don’t deport me because they’re going to kill me in Honduras, they must prove it with documents that support it,” he reiterated.
Rolando Sierra, also an expert on migration, stressed that if any of them had previously applied for asylum, they are likely to stay, in the sense that they can appeal to this situation. Otherwise, they can be deported. He added that they can appeal according to their situation, but it would be a very long process.
Sierra warned that with Trump’s arrival and the tightening of immigration policies in the United States, these measures are expected to have a negative impact on migrants, particularly in the case of these eight Hondurans.
Role of the Honduran Chancellery
The Honduran Ministry has an important role in this case and must act quickly through its consulates. Although Florida, as Itsmania Platero argues, lacks an embassy or fixed consulate.
The families of those detained in Honduras would have to prepare an amparo file with the support of legal experts to support the asylum request. And, in addition, hire lawyers in the United States who can guide the legal process of migrants.
Context of detention
The eight Hondurans were arrested in Florida and charged with bursting of home and property damage after allegedly entering a home without authorization.
According to the family of the detainees, they arrived in the state looking for employment after Hurricane Milton and were legally in the house. The owner of the house stated that Hondurans entered the property without authorization and causing damage. It was also said that one of the detainees, Jorge Molina Pineda, assaulted a border patrol officer.
This article was translated after appearing in El Tiempo