Policies and its Enforcements

Jill Bussey photographts the activist protesting the Asylum Ban that would limit the ability for asylum seeking through the U.S.-Mexico border. Standing outside of the White House, individuals stand with posters that read "Refugees Welcome". HIAS

NATIONAL POLICIES:

Biden Administration's "Asylum Ban":

In March of 2020, under the Trump Administration, the Title 42 policy came into action. This public health law was instituted as a response to rapid growth of the COVID-19 pandemic and targeted migrants and asylum seekers who were crossing the U.S. Mexico border. What was originally meant to be terminated in May of 2022, was extended on numerous occasions, with May 11th, 2023 being the concluding end date. In the three years that this has been enacted, it has been used to expel over 2.5 million migrants and asylum seekers. Adam Isacson, leader if the Washington Office on Latin America's Defense Oversight program,  detailed that as of April of 2022, Human Rights First has reported "at least 10,250 reports of murder, kidnapping, rape, torture and other violent attacks against migrants and asylum seekers blocked in or expelled to Mexico due to Title 42 since the Biden administration took office" (Isacson, 2022). 

With the end date approaching, another highly restrictive policy is set to take its place. Humanitarians claim that this new proposed legislation in this policy, when all elements are strung together, provide the framework of essentially an asylum ban. So what are the aspects of this new Title 42? 

Bars asylum seekers who crossed through another country on their way to the U.S.- Mexico border unless:

• They have applied and received a rejection for asylum elsewhere

-OR-

• Received an appointment at the port of entry through the governmental app CBP One. 

What does this mean for refugees in its enactment?

By not allowing the entrance of asylum seekers who have resided in another country, it essentially places the responsibility of asylum rights onto other countries. However, many asylum seekers are not able to find safety in other countries and face similar treatment to that of their native country. Additionally, with this new policy, this has the potential to change the routes that asylum seekers take to one that is more dangerous. 

In regards to the CBP One application, there are many flaws that come with this policy stipulation. First, this app has been know to be incredibly unreliable due to technological errors, limited languages, and a limited amount of appointment time slots. Keep in mind though, that is only if asylum seekers have access to smartphones, internet connection, and a source of electricity. Additionally, according to Ari Sawyer, a US Border Researcher, this is an app infused with facial recognition software, "that has been shown to reinforce racial discrimination in law enforcement and has driven family separation" (Sawyer, 2023).

As these individuals await the appointment, they are forced to wait in dangerous Mexican border cities which only exposes these individuals to more violence and trauma (kidnapping, extortion, physical and sexual assault). With the continuing inflow of refugees, the International Rescue Committee indicates that this ban is going to place further strain on Mexico's still-developing asylum system. (International Rescue Committee, 2023).

What is so interesting about this policy is that it is so similar to the Trump Administration's "Third Country Transit Ban", a policy that was ruled unlawful. If put in place, this asylum ban is going to strip the rights and protections that asylum seekers have.

A inflateable vessel from Portugal comes in contact with a Frontex officials in the middle of the Aegean sea on their way to Lesvos, Greece. The Human Rights Watch organization indicates the violation of human rights by these border agency officals. 

Maciej Luczniewski photographs the injuries a Bosnian refugee endured from a beating by Frontex officials in Croatia. Human Rights Watch.

Liselotte Mas includes a photograph showcase the inhumane treatment of refugees at the hands of Frontex Officials. On five seperate occasions refugees, about a dozen or so, have been illegally placed in this make shift shed.  Le Monde

INTERNATIONAL POLICIES:

Frontex:

Frontex is the leading Border and Coastguard agency, tasked with supporting and managing the external borders of EU States and the Schengen-associated countries (Belgium, France, Germany, Luxembourg, and the Netherlands). Their overall aim is to limit the cross-border crime and enforce migration control. In addition to these main efforts, they also specialize in risk analysis, deportation, migrant identification and registration, and border surveillance (Kalkman, 2020). It was established in 2004 with an original budget of $6.59 million dollars with 43 staff members and has since increased to $828.5 million dollars and over 700 staff members. It has a projected budget of $24.8 billion dollars by 2027. With its expanding budget over the years, it has been able to rely solely on its agency instead of requiring assistance from the EU member states. According to Jori Pascal Kalkamn, an author for the International organization for Migration, Frontex's responsibilities have expanded both horizontally and vertically. Horizontally in terms of expanding the deployment of rapid response teams and an example of its vertical growth is the control that this agency has over the enforcement of their recommendations in member states. 

Although this agency has brought about change in numerous beneficial ways, there have been a lot of concerns with this organization as well, especially in terms of human rights. Not only are they contributors of abuse, but they fail to act promptly or effectively on the reports that have been filed. The Human Rights Watch details these violations of rights as, "violence, illegal pushbacks, and denial of access to asylum by countries including Bulgaria, Croatia, Cyprus, Greece, Hungary, and Malta'' (Human Rights Watch, 2021). Frontex has mechanisms in place to ensure that officials do not participate in abuse and are held accountable if they do; however, they have failed to actually use these measures. One account that details the inhuman actions of these officials is that of a Bosnian refugee (pictured to the right). Human Rights Watch documented the actions that have been taking place in Croatia: "Border officials used force and violence, pummeling people with fists and kicking them. They sometimes directed violence at women and children. Border officials abandoned migrants in remote border areas, and in some cases forced them to cross freezing streams at the border..." (Human Rights Watch, 2021).