Introduction
The issue of undocumented immigrant people from Mexico to the United States has been at the highlight of media sources over the last couple of months. Recently, the Trump administration moved to terminate asylum protections for the majority of Central American immigrants in a prominent increase of the President's war on tamping down the number of migrants crossing the United States-Mexican border. Some people may question the effects of the proposed termination of asylum protections. The new rule stipulates that asylum seekers who go through another nation first will be unqualified for asylum at the United States southern border. The rule also affects the children who cross the border without guardians (New York Times 1). In some cases, asylum seekers from Cuba, Africa, Haiti, and other areas arrive in U.S.-Mexico border but the majority comes from Central America. The paper provides a summary of the event and argues that the end of asylum protections will not stop immigrants from crossing the border.
However, there are some exclusions: if asylum seekers who sought safety in a certain nation but were denied, if they are victims of human trafficking and when the immigrant passed through a country that has not signed a major treaty that guides on the management of refugees, then they may be eligible to apply for asylum in the United States (CNBC 1). Even if the new rule is banned by the courts, there is likely to be a change of U.S. policy on the treatment of the refugees and will mark the start of efforts meant to address the issue of the immigrant even from impoverished and war-torn countries. The United States law permits refugees to seek asylum in the country irrespective of the channel used although there is an exclusion for immigrants who pass through a country that is regarded as 'safe' (BBC News 1).
The rule to end asylum seekers protections by President Trump signals a series of steps by the administration to reduce the flow of migrants through the U.S-Mexico border. The migration protection protocols stipulate that migrants have to wait in Mexico while their cases are resolved in the American immigration courts. Asylum is not the only option available to immigrants who fear persecution-there is also the suppression of deportation (Nathan 1). The U.S. is a signatory to the United Nation's Convention and Protocol Relating to the Status of Refugees; in that cases, it is impossible to banish or return a refugee in any way to the borders of territories when his or her life or liberty is threatened on the basis of religion, race, nationality or membership of a certain political view or social group. The U.S. also fulfills this agreement obligation with Section 241 (b) (3) of the Immigration and Nationality Act which bans the expulsion of an immigrant to a nation where his life and sovereignty is at risk on the aforementioned instances (France24.com 1).
The merit of withholding offers is a short-term preclusion to expulsing the immigrant to the country where he would encounter the possibility of persecution. It fails to support long-lasting resident status and does not entail derivative advantages for the migrant's family members. Because the migrant's claims have to undergo review to ascertain whether the exceptions of the new asylum rule are applicable, then the processing time is likely to take longer.
Trump administration will be unable to detain the migrants when their claims are being reviewed by the immigration courts. It will also be impossible to detain all the immigrants crossing the U.S.-Mexico border due to inadequate facilities. It is also notable that the Flores Settlement Agreement bans the detention of children and in the same policy; there is no ground for detaining adult immigrants traveling with them for over 20 days.
Conclusion
Conclusively, the ending asylum protections seek to restrict the capability of immigrants to claim asylum if they enter the United States through its southern border having come from through another nation without its protection. This means that migrants from Cuba, Haiti, and other countries will not be able to seek asylum without approval from Mexico. However, exceptions of this rule include a case of human trafficking, deprivation of asylum from another country and seeking asylum in a country which is not a signatory of the international treaties. The termination of asylum protections is not likely to be effective because the Flores Settlement Agreement bans the holding of children and in the same case, their immigrant guardians for more than 20 days. Therefore, the border is likely to remain open.
Works Cited
BBC News. US migrant crisis: Trump seeks to curb Central America asylum claims. (2019). Accessed: https://www.bbc.com/news/world-latin-america-48991301 (16 July 2019)
CNBC. Trump moves to end asylum protections for Central Americans. (2019). Accessed: https://www.cnbc.com/2019/07/15/trump-moves-to-end-asylum-protections-for-central-americans.html (16 July 2019)
France24.com. Trump moves to deny asylum to most migrants transiting US-Mexico border. (2019). Accessed: https://www.france24.com/en/20190715-donald-trump-end-asylum-protection-us-mexico-border (16 July 2019)
Nathan, Debbie. Trump's "Remain in Mexico" Policy Exposes Migrants to Rape, Kidnapping, and Murder in Dangerous Border Cities. (2019). Accessed: https://theintercept.com/2019/07/14/trump-remain-in-mexico-policy/ (16 July 2019).
New York Times. Most Migrants at Border With Mexico Would Be Denied Asylum Protections Under New Trump Rule. (2019). Accessed: https://www.nytimes.com/2019/07/15/us/politics/trump-asylum-rule.html?rref=collection%2Ftimestopic%2FUnited%20States%20Politics%20and%20Government (16 July 2019)
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