May 04, 2018

Migrant caravan stopped at U.S. border, exposing a frail asylum mechanism

located:	USA, Mexico
editor:	Yair Oded

Last weekend, members of the Latin American migrant caravan arrived at the United States border crossing in Tijuana, Mexico. The caravan, which initially included over one thousand members, has dwindled down to approximately 200 who made it to the U.S. border. The migrants have traveled for over a month across Central America, fleeing horrendous gang violence in their countries of origin (mostly Honduras and El Salvador).

Alas, as they reached their final destination, the migrants were faced with the long dreaded gatekeeper: Trump. As the caravan made its way to the U.S., President Trump and right wing media outlets have clamored to halt the wave of migrants – utilizing the issue to promote their anti-immigration agenda and further solidify their carefully curated profile of the criminal Latin American invader. “Stop drugs!” Trump sealed one of his tweets in which he prides himself and his administration in their efforts to break up the caravan.

Currently, the majority of caravan members are huddled on the Mexican side of the border, awaiting their turn to cross to America, where they intend to apply for refugee status. Approximately 30 of them were already permitted to enter the U.S. and begin the asylum process. As signatory to the 1951 Refugee Convention of the UN, the United States must abide by the principle of non- refoulement and grant any person fleeing persecution a chance to present their case before a court.

That being said, the definition of who constitutes a refugee according to the convention is fairly narrow, and in essence applies only to those individuals and groups whose lives are threatened in their home country and whose governments are unable (or deliberately unwilling) to protect them. Asylum seekers across the globe face great challenges trying to prove the credibility of their claims and the inability of the authorities in their country of origin to defend them against threats. This appears to be the case with Central American immigrants escaping gang violence, as the vast majority of their asylum claims are denied in the United States. The situation has worsened under the current president. Since taking office, Trump and his aids have rolled back on numerous programs and policies designed to defend asylum seekers, protect the unity of their family, and defend unaccompanied minors escaping gang violence and sex trafficking.

Thus, even upon crossing the border and applying for refugee status- the migrants’ prospects are not too appealing; many of them can expect to be separated from their loved ones and be held at detention centers for an unspecified amount of time (in some cases- years). Several immigration law clinics and private attorneys have been taking on cases of caravan members pro bono and committed to aid the migrants in whatever way possible throughout the process. While their actions are admirable, they mend but a fraction of the problem.

The question arises – can the asylum mechanism in the US be trusted to properly process refugee requests? Under an administration in chaos, which gradually dismantles its refugee protection laws and agencies, and preys on asylum seekers’ plight for political gains, the answer to the question seems rather obvious. It now becomes the responsibility of Americans, then, to follow the events at the border closely and pressure their elected officials to maintain a fair and functional asylum mechanism. America’s handling of the caravan will not only determine the fate of its members, but also attest to the nation’s character and indicate the moral direction it’s taking.