US immigration policies draw regional concern, rights group says

President Donald Trump’s new executive actions on immigration could have far-reaching implications across the Americas and put asylum seekers at risk, human rights organization Amnesty International warned on Wednesday.

Ana Piquer, Americas Director at Amnesty International, criticized the US policies, arguing that they fabricate non-existent threats and expand militarization at the expense of human dignity. Piquer condemned the closing of the CBP One application, a critical tool for asylum seekers attempting to navigate US immigration, leaving over 270,000 individuals stranded in Mexico without clear protection routes. She also warned of the negative impacts of US pressure on other countries in the region, urging Mexico and Canada to distance themselves from the US approach to migration.

The statement came as a response to a series of executive actions by the US President, which include mass deportations, the militarization of the US-Mexico border, and the reinstatement of the controversial “Remain in Mexico” policy, also known as the “Migrant Protection Protocols”. These measures, according to Amnesty, threaten the fundamental rights of asylum seekers and jeopardize their safety by pushing them into perilous conditions and unlawful detention.

As the US government’s new policies are being criticized for challenging international law and human rights protections, the extraterritorial pressure exerted on countries like Mexico to detain asylum seekers contravenes the international legal principle of non-refoulement, which prohibits the return of individuals to places where they face serious harm. Additionally, the “Remain in Mexico” policy has been criticized for violating fundamental human rights, including the right to seek asylum under the Refugee Convention 1951. Amnesty International’s call for regional governments to refrain from cooperating with these actions is grounded in the need to uphold international legal commitments to asylum seekers.

This situation highlights critical concerns related to the principle of predictability, which is essential domestically and internationally. Domestically, the rule of law requires that legal systems be consistent and predictable. Immigration policies, aim to provide precise and reliable pathways for asylum-seeking individuals, allowing them to understand their rights and obligations. In this case, the inconsistency in applying asylum procedures, exemplified by abrupt policy changes like the closing of CBP One, undermines the legal system’s predictability, creating uncertainty and fear for vulnerable populations. At the international level, the rule of law provides a mutual basis of understanding upon which international laws and mechanisms for justice are built and enforced. The disregard for international legal frameworks, such as the Refugee Convention and the extraterritorial enforcement of US policies are antithetical to the predictability that is fundamental to global legal cooperation. 

Amnesty International urged neighboring North and South American States to refrain from participating in proposed policies that usurp the rights of those seeking safety.