Despite warnings from FEMA that offering aid to migrants might violate smuggling laws, shelters along the U.S.-Mexico border continue to receive individuals released by ICE, creating confusion and concern among nonprofits.
Nonprofit shelters operating near the U.S.-Mexico border say they are continuing to house migrants released by U.S. Immigration and Customs Enforcement (ICE), even after being warned by another federal agency that doing so could potentially be considered a criminal offense.
A letter sent by the Federal Emergency Management Agency (FEMA) in March raised alarm bells for organizations offering humanitarian support, including food, temporary shelter, and transportation. The letter warned of “significant concerns” that such assistance could fall under legal definitions used to prosecute human smugglers, prompting fears among shelter workers that their aid work could expose them to felony charges.
“It was pretty scary. I’m not going to lie,” said Rebecca Solloa, executive director of Catholic Charities Diocese of Laredo. Despite the warning, ICE continued to direct migrants to the Laredo shelter until it was forced to close on April 25 due to financial strain.
Other shelters remain active. The Holding Institute Community in Laredo reports receiving around 20 families weekly from ICE’s family detention facilities in Dilley and Karnes City, Texas. Many of these individuals are arriving from countries far beyond Latin America, including Russia, Iran, Turkey, Iraq, Papua New Guinea, and China, according to Executive Director Michael Smith.
In El Paso, the Annunciation House is hosting five to ten migrants daily, many from Honduras and Venezuela, said Executive Director Ruben Garcia.
Meanwhile, in Phoenix, the International Rescue Committee (IRC) continues to accept migrants released by ICE, despite not receiving FEMA’s letter. A person with direct knowledge of the situation, who requested anonymity, said the released individuals included some from ICE’s Krome Detention Center in Miami, known for overcrowding.
Both FEMA and ICE fall under the Department of Homeland Security, but their conflicting messages have left NGOs unsure how to proceed without risking legal consequences or abandoning their humanitarian mission.
The agencies have yet to clarify how shelters should navigate the conflicting directives, leaving frontline workers facing a difficult choice between compliance and compassion.
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