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(Washington, DC, June 5, 2024) Executive Order USA President Biden’s June 4, 2023, order will effectively block people who enter the U.S.-Mexico border under certain conditions from receiving asylum, potentially putting thousands of people at risk, Human Rights Watch said today. The order is unlawful under international human rights law. refugee law.
The order allows border officials to quickly expel people who enter the U.S. without a hearing during a border “encounter,” or when the number of arrivals exceeds a seven-day average of 2,500. This would effectively close the border to asylum seekers. Officials will not reopen the border unless daily arrivals drop below a seven-day average of 1,500.
The executive order is based on Chaotic Premise “Aliens who have crossed the southern border illegally or without authorization shall generally be ineligible for asylum.” U.S. Constitution, Section 31 Refugee Convention The order makes clear that it is legal to arrive as a refugee and seek protection, but by closing the border to all arrivals, the order makes seeking asylum illegal.
“Focusing on arbitrary numbers, rather than on people seeking asylum at the U.S. border, ignores the potential harms faced by individuals, families, and children who may be forcibly returned to dangerous situations,” he said. Vicki B. Gaubeca“This policy replicates some of the previous administration’s harshest anti-immigrant policies, appears to pander to intimidation against immigrants, and is driven by a desire to ‘look tough on the border.'”
The government claims that the new “shutdown” powers are based on Section 212(f) The Immigration and Nationality Act (INA) allows the president to ban all foreigners deemed “harmful to the interests of the United States.” However, those who have already sought asylum or requested protection on U.S. soil are not only subject to Article 208 Human Rights Watch said this not only violates the Immigration and Nationality Act, but also international law, and Section 212(f) needs to be consistent with international law.
This is not the first time the Biden administration has restricted asylum access. In May 2023, the administration announced Circumventing legal channels This effectively bars people from applying for asylum in the United States if they are in transit between ports of entry, if they are not using the CBP One mobile app, which forces people to wait months in Mexico for an appointment, or if they do not apply for asylum in the country of transit. Widespread abuseAccording to Human Rights Watch.
In addition, the Biden administration plans to Increase Human Rights Watch has long documented that immigration-related prosecutions could be reduced by increasing the number of “prosecutors and support staff” and by strengthening cooperation between the Department of Homeland Security and the Department of Justice. Prosecution for illegal entry or re-entry violates asylum seekers’ rights and family reunification rights for all immigrants.
“Instead of engaging in the political theater that often serves as a backdrop to U.S. presidential elections, the Biden administration should focus on developing a rights-respecting, balanced approach to managing the U.S.-Mexico border,” Gobeka said.
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