USA SEEKS TO REJECT ASYLUM SEEKERS FROM MEXICO

For generations, the United States has opened its doors to individuals from around the world seeking safety and protection. The process of seeking asylum in the United States is rigorous and well-established under U.S. law.

To reject asylum seekers who present themselves at ports of entry along the U.S. southern border, the Trump administration is working towards a system that forces them to seek asylum in Mexico instead.

Individuals generally must make their claim for asylum in the first country they enter after fleeing persecution if that country is considered a “safe third country.” If a country has not been designated a safe third country, an asylum seeker may pass through it and apply for asylum in the next country.

In May 2018, representatives of the U.S. and Mexican governments began discussions about whether to recognize each other as safe third countries. If this were to happen, the two countries would enter into a legal arrangement known as a “Safe Third Country Agreement,” or STCA. Under such an agreement, each country would designate the other as a safe third country for asylum seekers.

Currently an STCA exists between the United States and Canada. However, whether Canada will continue to recognize the United States as a safe third country is the subject of litigation in Canada.

The purpose behind safe third country agreements is to encourage responsibility-sharing for refugee protection among countries where asylum seekers do not fear persecution.