The Agency of the United Nations Organization for Refugees (UNHCR) spoke out on Monday against a new proposed rule by the Department of Homeland Security (DHS) and the Department of Justice (DOJ) of the United States that would condition the eligibility of asylum for those who enter the United States irregularly.
In its comments, the agency urged the Biden Administration to “reconsider the provision” as key elements of it “are inconsistent with the principles of international refugee law.”
UNHCR’s comments coincide with the deadline set in the proposal’s review period, which set March 27 as the final day for comments on the measure to be issued.
The extent The proposal establishes that people who avoid the established routes available for legal immigration or who do not seek asylum in one of the countries through which they have to cross to reach the US, would be subject to a presumption of ineligibility for asylum.
Among the available routes of legal immigration mentioned by the DHS are the humanitarian parole for Haitians, Cubans, Nicaraguans and Venezuelans, and the request for appointments to appear at a port of entry through the CBP One application.
“The provision would restrict the fundamental human right to seek asylum for people who have transited through another country and who have arrived in the United States without authorization,” UNHCR established in its comments, since the Convention on the Status of Refugees recognizes that people refugee women may have no choice but to enter a country of asylum irregularly.
Although the rule lays out ways that ineligibility can be challenged, such as demonstrating technical problems with the CBP One application or proving that they were denied asylum in a third country en route to the US, “the proposal could lead to the forced return of individuals to contexts in which their lives or safety are at risk, which is prohibited by international law”.
In its announcement, the DHS assured that this measure responds to the containment plans that are being prepared for May 11, 2023, when is it expected to rise Title 42, which enables the rapid expulsion of migrants who enter the US irregularly for reasons of public health.
“UNHCR recognizes the need to effectively address the growing and increasingly complex movements of refugees and migrants in the Americas. People in a situation of human mobility are exposed to serious risks, which include exploitation and abuse by criminal networks,” the agency added in its comments.
Although acknowledging that the US faces “significant” challenges in relation to the number of arrivals of migrants at the southern border, the UNHCR assured that it would commit to supporting the country “in the preparation of broader reforms, which include promoting equity, quality and the efficiency of the asylum system”.
Among the suggested good practices are the adoption of simplified procedures for processing, receiving and registering at borders, as well as access to legal advice services.
Criticism of the immigration agreement between the US and Canada
Another of the measures implemented by the Biden administration to curb irregular mobility was the immigration agreement with Canada announced on Friday and which came into effect a few hours later.
In this agreement it was established that the Canadian authorities would return those who cross the border irregularly to the closest point of entry with the US, and in return, they will welcome an additional 15,000 migrants on a humanitarian basis during the course of the year.
Immigrant ACT, a network of associations and legal service providers that supports immigrants in the US, called the agreement one that will create “confusion and chaos” in a system “that is not equipped to handle the needs of immigrants.”
“In our view, investing in creating welcoming communities is the best way to organically support choice migration. In the twenty years that I have been working as an immigration attorney, one thing has become clear: people will gravitate toward places they believe offer the greatest opportunity for stability, security, and prosperity,” the executive director of Immigrant ACT said in a written communication. , Camille Mackerl.
Mackerl added that it is “not enough” for heads of state to share the number of people moving across borders, but rather “must work to promote, facilitate and resource local networks to ensure that migrants receive the adequate support once they arrive at their destination, and so that they do not choose to leave again.”
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