"This Rule will decrease forum shopping by economic migrants and those who seek to exploit our asylum system to obtain entry to the United States-while ensuring that no one is removed from the United States who is more likely than not to be tortured or persecuted on account of a protected ground".
The rule from the departments of Justice and Homeland Security would prohibit migrants who have resided or "transited en route" in a third country from seeking asylum in the United States, therefore barring migrants traveling through Mexico from being able to claim asylum and as a result, drastically limit who's eligible for asylum. The rule also applies to unaccompanied minors.
If laws are not your thing, we also have worldwide practices that tell us Trump's asylum proposal violates human rights conventions.
The new policy applies specifically to the U.S. -Mexico border, saying that "an alien who enters or attempts to enter the United States across the southern border after failing to apply for protection in a third country outside the alien's country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States is ineligible for asylum".
The departments of Justice and Homeland Security are publishing the 58-page asylum rule as the Trump administration faces criticism over conditions at migrant detention centers at the southern border, as well as its "remain in Mexico" policy that requires asylum-seekers who are waiting for a USA court date to do so in Mexico rather than in the U.S.
A top Central American court has blocked a controversial immigration agreement with the United States that seeks to mandate migrants from other nations like Honduras and El Salvador to first stay in Guatemala.
He says "loopholes" in the asylum process are allowing migrants from Central America and elsewhere to live in the USA illegally. The rule also makes exceptions for victims of human trafficking because they "do not volitionally transit through a third country to reach the United States", and it also makes exceptions for people who transit through countries that do not recognize global treaties dealing with torture and the proper treatment of refugees. The country's constitutional court has not yet ruled on the issue.
Gelernt accused the Trump administration of "trying to unilaterally reverse our country's legal and moral commitment to protect those fleeing danger".
This means that those attempting to apply for asylum at ports of entry along the U.S. southern border will simply be asked if they applied for asylum in Mexico or Guatemala and, if they say no, will be turned away. There are some exceptions, including whether an asylum seeker passed through a "safe" country first.
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"I believe there would be very strong [legal] arguments to challenge this policy", she told Al Jazeera. The agreement is based on both countries having comparable asylum standards and procedures and formal guarantees that an asylum seeker transferred from one country to the other will have a fair hearing of their refugee claim. Again, Trump perceives that mistreatment of asylum seekers, in contravention of established principles of global law, will play well with his white supremacist base and the majority of white people who voted for him.
Oscar Ponce, a 48-year-old bus driver from Honduras who was waiting in a Mexican border town to cross into the USA, said he wanted to apply for asylum legally.
A review of Department of Homeland Security data shows that in 2017, migrants from the Northern Triangle countries accounted for 41 percent of all asylum claims made in the USA, and 32 percent of all asylum cases granted.
Speaking to reporters on Monday, he added that his country "will not enter any safe third country negotiations without express authorisation of Congress".
Right now, the USA has such an agreement, known as a "safe third country", only with Canada.
Ebrard said Mexico will maintain its current policies, reiterating the country's "respect for the human rights of all people, as well as for its global commitments in matters of asylum and political refuge".
"Guatemala does not have an asylum system period at this moment", said Geoff Thale, the vice president for programmes at the Washington Office on Latin America (WOLA), a leading research and advocacy organisation for human rights in the Americas.
The rule would not apply to nationals of Mexico or Canada, countries that are contiguous to the United States. The US is relatively generous when it comes to legal immigration, and we could afford to be even more generous if we ever clamp down on illegal immigration. Immigration rights advocates said there is little evidence to suggest that the raids materialized over the weekend.