President's Asylum Law Violations: What You Need To Know

In 2019, the Trump administration introduced new rules for asylum seekers, barring those who had travelled through a safe third country from applying for asylum in the US. This was widely criticised by immigration experts and civil rights groups, who argued that it violated both US and international law. The new rules meant that migrants from Central America who had passed through other countries on their way to the US border could no longer claim asylum. This was seen as an attempt by the Trump administration to unilaterally rewrite US immigration policy outside of Congress. The rules were also criticised for failing to adhere to the 1967 UN Protocol, which states that participating countries will not expel or return a refugee in any manner. The Trump administration's policies have also been accused of treating asylum seekers as invaders and criminals, rather than vulnerable civilians exercising their legal rights.

Trump's new asylum rule breaks US and international law

Trump's new asylum rule, also known as the "transit ban", breaks both US and international law.

The right to seek asylum is guaranteed in US law and is derived from international agreements following World War II. These laws were designed to protect people in need of refuge and to prevent the forced return of vulnerable people into harm's way. The 1951 Refugee Convention, which the US incorporated into domestic law through the Refugee Act of 1980, prohibits penalizing asylum seekers for their manner of entry.

Trump's rule makes individuals who traveled through another country to reach the US ineligible for asylum unless they applied for asylum in one of the countries they traveled through. This effectively acts as a ban on the majority of asylum seekers entering the US through the southern border.

In November 2018, the Trump administration, together with the Department of Justice (DOJ) and the Department of Homeland Security (DHS), issued a rule that made asylum seekers ineligible if they entered the US from Mexico between ports of entry. This ban eliminated critical due process protections for asylum seekers and undermined US law, which allows all asylum seekers to pursue asylum regardless of where they arrive at the US border.

Trump's rule was challenged in federal court and was found to be unlawful by a federal circuit court because it blatantly undermined federal asylum law. Despite this, the rule has not been overturned and continues to be enforced.

In addition to violating US and international law, Trump's new asylum rule has had devastating consequences for vulnerable migrants fleeing danger and persecution. It has denied protection to those in need and put them at risk of further harm.

Trump's asylum policies violate human rights

Firstly, Trump's “zero tolerance” policy led to the separation of thousands of children from their families at the border. This involved children being forcibly detained, held in cages, or flown to other facilities without their parents' consent, causing deep and lasting mental suffering.

Secondly, the "Remain in Mexico" policy, implemented in 2019, forced asylum seekers to wait in Mexican border communities while their applications were processed. This put them in danger, at the mercy of criminal groups, and violated both US and international law.

Thirdly, Trump's administration pressured Guatemala, El Salvador, and Honduras to sign "safe third country" agreements, enabling the US to disregard its obligations to process asylum applications for people from third countries. These countries do not offer real sanctuary for migrants, and their asylum systems are overwhelmed, leading to prolonged detention and insecurity for refugees.

Trump's administration also imposed work restrictions on asylum seekers, making it harder for them to support themselves and their families while awaiting decisions on their cases. They also removed the 30-day processing deadline for approving employment authorization, causing further delays.

Furthermore, Trump's "asylum ban" barred immigrants who entered the US between border checkpoints from claiming asylum, flagrantly disregarding US and international law.

The administration also changed eligibility requirements, reducing the number of people eligible for asylum. This included no longer considering persecution based on threats to family members as a qualifying factor and restricting access to asylum for victims of domestic or gang violence.

Trump's policies also slowed the processing of asylum claims by closing international immigration offices and encouraging USCIS employees to assist in immigration enforcement rather than processing visa applications.

Additionally, the Prompt Asylum Claim Review (PACR) program restricted asylum seekers' access to attorneys and fast-tracked deportations, denying them their rights to due process and legal counsel.

Trump's administration also exploited the COVID-19 pandemic to impose a categorical ban on asylum seekers, endangering their lives and violating US and international law.

Overall, Trump's asylum policies caused needless suffering and inflicted harm on vulnerable migrants, demonstrating a disregard for human rights.

Trump's Remain in Mexico policy breaks international law

Trump's 'Remain in Mexico' policy, officially known as the Migrant Protection Protocols, breaks international law in several ways.

Firstly, it violates the human right to seek asylum, as established by the 1951 Refugee Convention and the 1967 Refugee Protocol. These treaties, which the US has ratified, guarantee the right to seek asylum and criminalise the forced return of asylum seekers to places where they would face persecution, torture, or violence. The US's new asylum rule, implemented in July 2019, states that migrants must have made an asylum claim in a previous country en route to the US before arriving at the southern border. This change effectively bars migrants from seeking asylum in the US based on their country of origin, which is contrary to the rules established by Congress.

Secondly, the policy breaches the US's obligations under the Convention Against Torture, which prohibits deporting asylum seekers to places where they may face bodily harm. Forcibly returning asylum seekers to countries where they face torture or forcing them to remain in danger violates this convention.

Thirdly, the policy may violate the Geneva Convention on the protection of conflict-affected civilians, which requires humane treatment for civilian detainees, even in times of war. The conditions in US detention camps have been described as inhumane, with detainees experiencing overcrowding, inadequate medical care, starvation, and sleep deprivation, among other issues.

The Remain in Mexico policy has also been criticised for exposing migrants to extreme violence in Mexico and making access to legal counsel more difficult. Human Rights First documented over 1,540 reported cases of kidnappings, murder, torture, rape, and other forms of violence against asylum seekers returned to Mexico.

In June 2022, the Supreme Court ruled that the Biden administration could end the Remain in Mexico policy, and the policy was officially terminated in August 2022.

Trump's asylum policies are inhumane and immoral

One of the most notorious policies is the "zero tolerance" policy, which resulted in the forced separation of thousands of children from their families. These children were detained in cages or flown to distant facilities, causing deep and lasting trauma. Trump's administration also instituted the "Remain in Mexico" programme, which has forced tens of thousands of asylum seekers to wait in dangerous Mexican border communities, where they are at the mercy of criminal groups. This policy has been deemed a clear violation of both US and international law.

Trump also implemented a series of asylum bans, including the "transit ban", which bars asylum for vulnerable migrants who did not apply for asylum in another country before reaching the US southern border. This policy was found to be unlawful by multiple courts, yet it was revived by the Biden administration. Trump's administration also restricted work permits for asylum seekers and delayed employment authorisation, making it harder for asylum applicants to support themselves and their families.

Furthermore, Trump's Department of Homeland Security pressured Central American governments to sign "safe third country" agreements, enabling the US to disregard its obligations to process asylum applications for people from countries whose conditions are far from safe. These agreements have resulted in the deportation of asylum seekers to countries like Guatemala, which cannot ensure their safety.

Trump's changes to eligibility requirements have drastically reduced the number of people eligible for asylum. For example, victims of domestic or gang violence and individuals facing minor criminal charges are now less likely to qualify for asylum. Trump's administration has also slowed the processing of asylum claims, leading to increased backlogs and longer wait times for interviews.

In addition, the Prompt Asylum Claim Review (PACR) program has restricted asylum seekers' access to legal counsel and fast-tracked deportations. Trump's policies have also included indefinite detention for asylum seekers, even those who have passed a "credible fear" interview.

Trump's exploitation of the COVID-19 pandemic to impose categorical bans on asylum seekers, including children, further endangers their lives and restricts their access to legal protections.

Overall, Trump's asylum policies have caused immense harm and suffering, and they have been characterised by their disregard for human rights and their punitive approach to those seeking safety and protection.

Trump's asylum policies contradict the UN Refugee Convention

Firstly, the UN Refugee Convention, incorporated into US law through the 1980 Refugee Act, states that refugees cannot be penalised for their manner of entry. However, Trump's asylum policies, such as the "metering" policy, effectively punish asylum seekers for their mode of entry by turning them away or placing them on unofficial waitlists.

Secondly, the UN Refugee Convention requires that asylum seekers have access to a "full and fair procedure" for determining their claim. Trump's asylum policies, such as the Migrant Protection Protocols, fall short of this standard by requiring asylum seekers to remain in Mexico during their asylum proceedings, exposing them to dangerous conditions.

Thirdly, the UN Refugee Convention prohibits the return of refugees to countries where their "life or freedom would be threatened". Trump's asylum policies, such as the "transit ban", violate this principle by barring asylum for those who do not apply for asylum in another country before reaching the US southern border.

Fourthly, the UN Refugee Convention recognises the particular vulnerabilities of women refugees and requires the handling of gender-related persecution claims. Trump's asylum policies, by disqualifying claims related to gender, fail to uphold this standard and deny protection to those fleeing gender-based violence.

Finally, the UN Refugee Convention, as reflected in US asylum law, guarantees the right to seek asylum regardless of how individuals must flee danger or enter the country. Trump's asylum policies, such as the Asylum Ban 1.0 and 2.0, undermine this right by imposing arbitrary geographic restrictions on asylum eligibility.

In conclusion, Trump's asylum policies contradict the UN Refugee Convention by limiting access to asylum, failing to provide fair procedures, and exposing asylum seekers to dangerous conditions. These policies have inflicted needless suffering and denied critical protection to vulnerable individuals seeking refuge in the United States.

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