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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsChump will now deny Central Americans asylum!
https://www.msnbc.com/stephanie-ruhle/watch/trump-administration-targets-central-american-asylum-seekers-63873605662Isn't this against US and international law????
hedda_foil
(16,375 posts)MoonRiver
(36,926 posts)customerserviceguy
(25,183 posts)that's up to our SCOTUS, and as far as international law goes, that's pretty much nations voluntarily keeping to some agreed-on standards.
Ohiogal
(32,066 posts)SouthernProgressive
(1,810 posts)awesomerwb1
(4,268 posts)If so.....
The right and smarter thing to do would be to create a type of Marshall plan for those Central American countries with the violence and gang problems. I know, that's a ridiculous suggestion to the current white nationalists in the White House.
berni_mccoy
(23,018 posts)and deported back to home country. Mexico has been doing what Trump is doing now. It is a death sentence for those leaving these countries.
Edit to add link: https://www.amnestyusa.org/reports/overlooked-under-protected-mexicos-deadly-refoulement-of-central-americans-seeking-asylum/
FBaggins
(26,760 posts)A country can't be a "safe 3rd party" nation if they fail the non-refoulement test.
fescuerescue
(4,448 posts)Does that set a precedent for International Law?
FBaggins
(26,760 posts)The basic premise here is that asylum is intended to protect people fleeing persecution (etc.)... not people who just want to live in the US instead of where they are. If you leave your home country and arrive in a "safe" country, you should be applying for asylum there.
The EU courts just reinforced this.
So one place the article errs is that Trump can't do anything to keep out ALL asylum seekers from Central America. If they get on a boat and the US is the first safe country that they arrive in... then they must be allowed to apply for asylum.
The remaining question is whether there are any "safe" countries along their path to the southern border. If Mexico enters into a "Safe Third Country Agreement" with the US, the move could be perfectly legal. But Trump can't just dictate that.
Igel
(35,358 posts)There's no treaty-imposed "should be applying for country there," in the first safe country. You can. You don't need to.
An EU-internal rule says "first country" inside the EU. Which has led people to remove their fingerprints in hope of not having any evidence of registration in a less-desirable safe country.
The difficulty with saying there are no safe countries implies that every citizen of those countries could be refugees with automatic right to wait in the US while their claim's pending. With few exceptions, there are.
FBaggins
(26,760 posts)Seeking asylum is about "please protect me from this life-threatening situation"... it isn't "I'd like to live close to a park and decent public transportation".
Igel
(35,358 posts)The Dublin regulation in the EU specifies "first country". There's the idea of a "safe 3rd country" lurking in many publications, as well. Notice that Canada's picked up the EU's Dublin regulation. It's unclear that refugees have all the rights and the country they're aiming for has none.
The 1951 Convention says that you can't kick a refugee out--an "economic refugee", by the way, is a "migrant" and not a "refugee" at all for the purposes of that convention--even if s/he entered illegally. It doesn't say you have to admit them. That's seeking emanations from penumbras that are implied by what's left out of the text. Its text allows for "first safe country" and "third safe country" implementations.
However, it says, article 31,
illegal entry or presence, on refugees who, coming directly from a territory
where their life or freedom was threatened in the sense of article 1, enter or
are present in their territory without authorization, provided they present
themselves without delay to the authorities and show good cause for their
illegal entry or presence.
2. The Contracting States shall not apply to the movements of such refugees
restrictions other than those which are necessary and such restrictions
shall only be applied until their status in the country is regularized or they
obtain admission into another country. The Contracting States shall allow
such refugees a reasonable period and all the necessary facilities to obtain
admission into another country.
Notice the word "directly." "Directly" is like the term "persecution". It's not defined in the text. How you define it depends on whether you place first the desires of the alleged refugees or the purpose of the treaty--safety for the refugees.
Treaties like this are bad laws for implementation. They're mostly to guide national laws, and govern less interactions between people at the border and more the actions of legislatures.