A caravan of 7,000 Hondurans (“The Committee to Re-elect the President”?) are making their way through Guatemala and Mexico to the U.S. The good news is that they are entitled to free housing, free food, free health care, and a free smartphone as soon as they arrive (“The Contracting States shall accord to refugees lawfully staying in their territory the same treatment with respect to public relief and assistance as is accorded to their nationals” — Article 23 of the UN Convention and Protocol Relating to the Status of Refugees).
However, there seems to be a dispute about whether these 7,000 folks are restricted in terms of where they can apply for asylum. From “President Trump Threatened to Turn Back Caravan Migrants If They Don’t Claim Asylum in Mexico. That’s Not Legal” (TIME):
President Donald Trump has said the Central American migrants traveling via caravan should seek asylum in Mexico – and threatened that they will be turned away if they reach the U.S. border.
“People have to apply for asylum in Mexico first, and if they fail to do that, the U.S. will turn them away. The courts are asking the U.S. to do things that are not doable!” he tweeted Sunday.
But following through on that threat could violate international law, experts say.
As a signatory of the 1951 Refugee Convention and 1967 Protocol Relating to the Status of Refugees, Mexico is obligated to protect people who are outside of their country and afraid to return due to a well-founded fear of persecution based on religion, race, nationality or membership to a particular social or political group.
The United States is also a signatory. And while Mexico is required to offer protection for refugees under international law, migrants have no obligation to request it there.
Under U.S. immigration law, the the United States can deny asylum if a person can be returned to a country where their life or freedom is not in danger, but only if the U.S. has entered into a bilateral or multilateral agreement that codifies the arrangement.
The U.S. and Canada have such an agreement. It says that people must seek refugee status in the first country they arrive in—either the U.S. or Canada—but there are some exceptions for cases of family reunification.
No such agreement exists with Mexico.
Additionally, some argue that Mexico would not meet the standards for such a designation. For one, given high rates of crime, there are credible safety concerns.
(In other words, the country in which Americans are willing to pay $1,000 per day to vacation is intolerably dangerous for a Honduran native speaker of Spanish.)
In Europe, it seems that “the country where an asylum seeker first enters the union is responsible for registering the asylum application and taking fingerprints.” (see “Explaining the Rules for Migrants: Borders and Asylum,” nytimes, 9/16/2015) But the U.S. is not part of this “Dublin Regulation,” so perhaps the last paragraph of the TIME article is definitive:
“If people who are fleeing persecution and violence enter Mexico they need to be provided access to the Mexican asylum system, and those entering the United States need to be provided access to the American asylum system,” says Chris McGrath, a UNHCR spokesperson.
Suppose that the TIME article and the UN bureaucrats are right and a caravan of 7,000 Hondurans can transition through Mexcio to California, Arizona, New Mexico, and Texas, wouldn’t it work equally well for all of the migrants currently in the EU? There are millions of refugees in Germany. They are the majority of the welfare recipients in Germany (Wikipedia: “In April 2018 more than half, at 55%, of the recipients had a migration background. According to the Federal Employment Agency this was due to the migrants lacking either employable skills or knowledge of the language”). Instead of paying out Hartz IV benefits every month to a refugee, why not offer him or her a one-way plane ticket to a Mexico border town? Maybe the U.S. will deny the refugee’s application for asylum after 2 or 3 years, but during all of that time, the German taxpayer is relieved of the responsibility for paying Hartz IV. The refugee will be way better off as well because (a) no need to learn German, and (b) the American welfare system provides for a much higher standard of living than the German Hartz IV welfare system.
We’re told that the Europeans don’t love us anymore because Trump. What is stopping them from wishing bon voyage to Airbus A380s full of welfare-collecting refugees enthusiastic about living the American Dream in California or Texas via Mexico?
Alternatively, is it possible that Trump is right? Is there a rule that prevents a refugee from traveling to a lot of intermediate countries before settling down in the place that offers the most generous “public relief and assistance as is accorded to their nationals”?
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