46
Jacqueline Bhabha
At the same time as it is forcing vulnerable humanitarian migrants seeking
protection back into Mexico, the US government is also severely rationing the rate
at which US border officials accept asylum applications, a process referred to as
“metering.” This intentional rationing of an urgent humanitarian service exacerbates delay and fuels the sense of “crisis.” Predictably, demand for asylum processing
increasingly outstrips the ever more limited supply of officials charged with asylum
processing responsibility.
Meanwhile, those asylum seekers who understandably try to circumvent this
dramatic bottleneck by attempting to enter between official entry points and apply
for asylum thereafter are subject to prosecution for illegal entry, the hard edge of the
“zero tolerance” policy. In short, damned if you do, and damned if you don’t. The
well-established international norm protecting access to asylum irrespective of the
manner of entry on the territory, clearly codified in the 1951 Refugee Convention,
has been eliminated. It remains to be seen whether this frontal attack on established
humanitarian law and principle will be upheld by the courts, but while it is in
operation, it further undermines the access to protection for non-citizen children
fleeing Central American violence.
It is not just Mexico’s northern border that is affected. Under threat of crippling
economic sanctions, the Trump administration has pressured Mexico to block
refugee entry at its southern border by deploying, for the first time ever, its national
guard forces. As of June 2019, Mexico had sent 15,000 untrained soldiers to police
the border. In June 2019 alone, more than 30,000 Central Americans, including
unaccompanied children, were detained in this way, which has led to overcrowding
at 300 percent overcapacity in some Mexican detention centers.44 The Mexican
government is now planning to close down these facilities, presumably by emulating
US conduct and sending asylum seekers back across the border into Guatemala.45
Children fleeing gangs and other forms of violence now face much more costly and
dangerous smuggling strategies to secure safety.
A third externalization measure is probably the most devastating to Central
American children’s chances of securing safety abroad.46 Adopting Europe’s “safe
third country” approach that forces asylum seekers to apply for protection in the first
safe country they enter, even if they have family or other ties elsewhere, the Trump
M. Meyer and A. Isacson, The “Wall” Before the Wall: Mexico’s Crackdown on Migration at Its
Southern Border (Washington, DC: WOLA, 2019), www.wola.org/analysis/mexico-southernborder-report/.
45
J. Valencia, “Mexico Closes 5 Immigrant Detention Centers,” Arizona Public Media, March 7,
2019, https://news.azpm.org/p/news-topical-border/2019/3/7/147445-mexico-closes-5-immigrantdetention-centers/.
46
Z. Kanno-Youngs, “Federal Judge Strikes Down Trump Administration’s Asylum Rule,”
New York Times, July 1, 2020, www.nytimes.com/2020/07/01/us/politics/trump-asylum-rulingimmigration.html.
44
https://doi.org/10.1017/9781108914994 Published online by Cambridge University Press
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