President Trump’s announcement today to summarily deny
asylum to migrants who enter the United States between ports of entry, avoiding
legal border crossings, violates U.S. law and directly defies the Immigration
and Nationality Act, which clearly states that anyone who arrives on U.S. soil
with a credible fear of persecution has the right to apply for asylum.
As a large group of migrants makes its way from Central America toward the U.S.
border, Physicians for Human Rights (PHR) reminds the Trump administration that
any attempt to prevent those who cross into the United States, fleeing
persecution, from making asylum claims also violates the United Nations Refugee
Convention, which the United States has ratified.
“President Trump’s announcement today sets a dangerous tone and threatens to outright
defy U.S. legal obligations under international treaties and domestic law. Most
of these migrants are coming from countries where they face widespread violence
and intimidation, and many have no choice but to flee. They have a legal right
to seek asylum and to have their cases heard once they have arrived on U.S.
soil. Their right to seek asylum must be protected,” said PHR Asylum Network
Program Officer, Kathryn
Hampton.
PHR urges the Trump administration to abide by U.S. and international law and
to put immediate measures in place to allow for the safe management and entry
of asylum seekers into the United States. Instead of deploying thousands of
troops to arm the border, the U.S. Department of Homeland Security should use its
resources to enlist the partnership of experienced humanitarian groups in order to ensure that the southern
border remains a humane and orderly zone, where individual rights are
respected.
PHR also reiterates that any use of force should be strictly necessary,
proportionate, and bound by the rule of law. Opening fire against stone-throwing
migrants, as threatened today by President Trump, would clearly be an excessive
use of force and would be wholly disproportionate. Even the use of so called
non-lethal crowd control weapons can, according to PHR research, cause serious health harms and may
represent a violation of respect for the right to life.
“The Trump administration must cease to use inflammatory
labels when describing groups of desperate migrants who are in search of
refuge. Blanket statements which label them as criminals and smugglers do
nothing but perpetuate a false narrative. On the eve of elections and at a time
of highly-charged political rhetoric, respect for human rights must not be
discarded,” Hampton added.
Furthermore, PHR is alarmed by President Trump’s announcement that asylum
seekers will no longer be released after being processed at the border to await
the completion of their asylum cases, but instead will be detained indefinitely.
Prolonged or indefinite detention violates the right to be free from torture
and other cruel, inhuman, or degrading treatment. Extensive research shows that
the detention of migrants – especially children – causes long-term trauma, including serious physical and mental harm. PHR continues to call upon the U.S. administration to make
use of viable alternatives to detention, including community-based solutions, which are at their disposal. A 20-year analysis of federal data indicates that increasing the number of immigrants released
from detention on bond or parole does not result in decreased compliance with
immigration proceedings. Detention centers and tent cities are no place for
asylum seekers of any age, let alone children.
Read more about PHR’s Asylum Network
Physicians for Human Rights (PHR) is a New York-based advocacy organization that uses science and medicine to prevent mass atrocities and severe human rights violations. Learn more here.