Seeking Asylum: Lawbreakers Or Misunderstood?

The right to seek asylum is enshrined in Article 14 of the Universal Declaration of Human Rights, which states that everyone has the right to seek and to enjoy in other countries asylum from persecution. This right is further supported by the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees. However, in recent years, there has been much debate over whether asylum seekers are breaking the law, particularly in the United States. While seeking asylum is legal, policies implemented by the Trump administration have made it more difficult for migrants to claim asylum, and experts argue that these policies violate both US and international law.

Seeking asylum is a human right

Article 14 of the UDHR states that "everyone has the right to seek and to enjoy in other countries asylum from persecution". This right is further supported by the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees.

The right to seek asylum is a fundamental freedom that is inherent to all human beings. It is a universal entitlement, and all human beings are entitled to enjoy and exercise this right equally and without distinction. This right is inalienable, and while it can be violated, it cannot be taken away.

The process of seeking asylum can be dangerous and complex, and asylum seekers are often vulnerable to violations of their human rights. They may face detention, harassment, and violence, and may be separated from their families. It is important that asylum seekers receive certain protections and are treated humanely, with dignity, and in accordance with international law.

While the UDHR is not a legally binding treaty, it is widely regarded as the standard by which compliance with human rights principles is measured. Countries have a responsibility to protect the human rights of asylum seekers and refugees, and to uphold international laws and conventions that guarantee the right to seek asylum.

Asylum seekers are not criminals

An asylum seeker is someone who has fled their home country in search of safety and protection elsewhere. Asylum seekers may be of any age, gender, socio-economic status, or nationality, although the majority come from regions suffering from conflict, disaster, and weak rule of law.

The process of seeking asylum is a legal one, and asylum seekers are not breaking the law by crossing borders to find safety. However, it is important to note that the laws and procedures surrounding asylum can vary by country. In the United States, for example, asylum seekers must be in the country or at a port of entry, such as an airport or official land crossing, to request asylum.

While seeking asylum is legal, the treatment of asylum seekers by some countries may violate international law and human rights. For example, the detention of asylum seekers, particularly when done indefinitely and without access to legal counsel, has been criticized as a violation of human rights. Additionally, policies that restrict or limit access to asylum, such as through "safe third country" agreements, have been criticized as contrary to international law and harmful to vulnerable individuals and families.

In summary, asylum seekers are not criminals, and seeking asylum is a legal process protected under international law. However, the treatment of asylum seekers by some countries may fall short of legal and human rights standards, and there may be valid criticisms of policies that restrict or limit access to asylum.

Asylum seekers are entitled to humane treatment

Article 14 states:

> 1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.

> 2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

The United States recognizes the right of asylum of individuals as specified by international and federal law. In accordance with international law, the United States considers asylum candidates on the basis of persecution or fear of persecution on account of race, religion, nationality, and/or membership in a particular social group or political opinion. The U.S. Constitution guarantees due process, equal treatment, and humane treatment for all people in the country, not just U.S. citizens.

The United States' current asylum policy violates not just U.S. Constitutional provisions but potentially also three international treaties that the United States has signed and ratified: the 1967 Refugee Protocol, which guarantees the human right to seek asylum; the Convention Against Torture, which prohibits deporting asylum-seekers to places where they may face bodily harm; and the Geneva Convention on the protection of conflict-affected civilians, which requires humane treatment for civilian detainees, even in war.

The 1951 Refugee Convention also establishes the right to seek asylum as a fundamental human right and criminalizes the forced return of asylum-seekers to places where they would face persecution, torture, or violence. The convention states that these rights are to be applied "without any geographic limitation"—meaning, among other things, asylum-seekers should not be restricted to crossing at an official port of entry nor seeking asylum in the first country they reach. Detention of asylum-seekers, simply for crossing a border at the wrong place, violates the human right to seek asylum, as well as asylum-seekers' right to freedom of movement.

The United States has ratified the 1967 protocol to this treaty, which establishes a positive obligation to receive asylum-seekers, process their claims, award refugee status to those with a well-founded fear, and provide succor and assistance in the interim. According to the United Nations and U.S. human rights organizations, the detention of asylum-seekers as a group, simply for crossing a border at the wrong place, violates the human right to seek asylum, as well as asylum-seekers' right to freedom of movement.

Asylum seekers can be detained

Detention conditions in several countries are often similar to those in prisons or jails. Detainees are typically held in secured facilities, wear prison uniforms, and are subject to strict control of time and movement. In addition, there have been reports of unsanitary and overcrowded conditions, lack of access to basic necessities, and human rights abuses in detention centres. For instance, human rights organizations, including Amnesty International, have reported on the conditions in Greek detention centres, where asylum seekers claim they did not have access to a UNHCR representative or information about how to apply for asylum while in detention.

The European Court of Human Rights (ECHR) has held that the conditions in Greek detention centres violate individuals' rights to humane treatment and dignity under the European Convention on Human Rights. Similarly, in the United States, there are increasing reports and recognition of civil and human rights abuses in immigration detention centres, including preventable in-custody deaths.

The right to liberty and security of the person is an important consideration in how asylum seekers are treated within their intended country of refuge. While detention may be necessary in some cases, it is essential to ensure that the conditions in which individuals are held meet international human rights standards.

Asylum seekers can be deported

Firstly, it is important to note that asylum seekers are individuals who have fled their home country in search of safety and protection elsewhere. They are often escaping violence, persecution, natural disasters, humanitarian crises, and other dangerous situations. The right to seek asylum is a legal concept that has been recognised by various ancient civilisations and is enshrined in the Universal Declaration of Human Rights.

In the United States, asylum seekers must be physically present in the country or at a port of entry to request asylum. While seeking asylum is legal, the US government has imposed restrictions on access to asylum, such as the 'Migrant Protection Protocols' or 'Remain in Mexico' policy.

Once granted asylum, individuals are protected from deportation and can enjoy certain rights, such as the right to work and travel. However, asylum status can be terminated if certain grounds exist, which then makes the individual eligible for deportation. These grounds include:

• No longer having a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion in their home country.
• Participating in the persecution of others based on the aforementioned grounds.
• Being convicted of a "particularly serious crime" and posing a danger to the US.
• Having committed a serious non-political crime outside the US prior to arrival.
• Being deemed a danger to US national security.
• Engaging in terrorist activity or being associated with a terrorist organisation.
• Having received military training from a terrorist organisation.
• Being firmly resettled in another country prior to arriving in the US.
• Acquiring a new nationality and enjoying the protection of that country.

Additionally, there are specific grounds for deportation, such as being convicted of certain crimes, human trafficking, fraud, or violating immigration laws.

Therefore, while asylum seekers are generally protected from deportation, their status can be terminated, and they can be deported under specific circumstances as outlined by US federal law.

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