End of Title 42 in the United States: prevent the right to request asylum, violates international laws

In the early days of the COVID-19 pandemic, then-United States President Donald Trump implemented a policy that, under public health arguments, allowed the authorities of that country to immediately expel migrants at their land borders without giving them the opportunity to apply for asylum.

That policy, known as Title 42, ended at the last minute Thursday after being renewed multiple times, reviving the old policy known as Title 8, which authorizes an expedited expulsion of migrants and a ban on return of at least five years with the risk of facing criminal proceedings if you try to re-enter the United States before that period.

The restrictions of Title 8 worry the specialized agencies of the UN and violate the principles of international refugee law by limiting access to asylum seekers who arrive irregularly after transiting through another country, as explained by the International Organization for Migration (IOM) and the United Nations Refugee Agency (UNHCR).

“The barriers that prevent people from exercising the fundamental human right to seek asylum are unacceptable and contrary to the international obligations of States. The new rule of the United States government that restricts the access of asylum seekers who arrive irregularly after transiting through another country is incompatible with the principles of international refugee law,” the organizations pointed out in a joint statement.

Instead, the agencies urged adopting “a collaborative approach” to better respond to the mixed movements of refugees and migrants in the Americas.

Expanding resettlement does not replace the responsibility of States

UNHCR The US and IOM welcomed the positive initiatives to expand resettlement and other regular pathways in the region, but are concerned about the new restrictions on access to asylum following the lifting of Title 42.

Those initiatives, raised basically by the United Statesthey can offer real alternatives to desperate people who risk their lives to find safety and solutions, they said.

However, UNHCR spokesperson Olga Sarrado stated that “none of these measures can replace the responsibility of States, of the United States in this caseto provide people who access their territory with the right to seek asylum”.

The agencies recalled that, although the number of people approaching the US border has increased in recent years, the majority of those who are in a situation of mobility on the continent continue to be hosted by Latin American countries.

© Unsplash/Barbara Zandoval

coordinated actions

In this sense, they added that No country can solve the challenges in isolation involved in the movements of refugees and migrants.

UNHCR and IOM maintained that progress can only be made with coordinated actions that address the causes of displacement and irregular migrationsupport the communities hosting the majority of the displaced, provide access to fair and efficient asylum procedures and other legal stay mechanisms, and facilitate access to safe and regular pathways as alternatives to hazardous travel.

“A more effective response demands a collaborative effort by States and other stakeholders to expand access to protection and asylum and regular migration pathwayswhile the solutions are strengthened”, they pointed out.

The agencies noted that measures such as facilitating and expanding access to resettlement programs, family reunification, humanitarian sponsorship, and labor mobility can save lives and protect people from trafficking, smuggling, and other forms of violence.

In addition, such provisions may help national economies facing labor shortages, they added.

The agencies endorsed their commitment to work with all countries and with existing regional mechanisms for this purpose; although they insisted that “the expansion of resettlement and other regular pathways cannot replace the responsibility of States to guarantee people access to the territory and to asylum procedures.”

No to forced return

On the other hand, they stressed that any agreement between States on returns – including the return of asylum seekers to a third country – must guarantee the prohibition of forced return of people whose life and safety may be at risk in your country of origin.

“Returns should only take place following due process and with the necessary safeguards, in accordance with the obligations of States under international law,” they explained.

migrant children

The UN Children’s Fund (UNICEF) also ruled on the lifting of Title 42, recalling that “migrant children they have the right to apply for asylum, to be protected from harm and to remain with their families” and fighting for the restoration and safeguarding of those rights on the border between Mexico and the United States.

UNICEF Executive Director Catherine Russell called on all governments, “including the United States, to allow access to asylum procedures, regardless of nationality.”

Russell mentioned the daily displacement of millions of children and families in Latin America and the Caribbean, “Expelled from their homes by disasters, the effects of climate change, violence, extortion and extreme poverty”, and called for joint work to address the negative factors of migration and displacement.

“Children in the region need more support”, he asserted, speaking out for expanding access to essential health, welfare and education services, as well as for the prevention of violence and the creation of opportunities in their communities.