You’ve probably heard a lot recently about people seeking asylum at our borders and what the United States’ role should be in protecting them. The National Immigrant Justice Center (NIJC) and advocates across the country continue to call on the Biden administration to end Trump-era programs that have blocked thousands of people from seeking protection in the United States. These programs are the latest in a long history of the U.S. and other nations’ efforts to “offshore” the asylum process and block vulnerable people from protection. Here’s why that’s problematic: Offshoring asylum violates international law International asylum law first emerged following the Holocaust and other atrocities during World War II. The world saw the genocide of millions at the hands of brutal dictatorships, and powerful nations — like the United States — showed a callous disregard for people seeking asylum. After WWII, two international treaties, the 1951 Refugee Convention and the 1967 Refugee Protocol, created the global framework for modern asylum law. In response, nations ratified treaties agreeing to the principle of non-refoulement, stating that people seeking asylum should not be pushed back to the countries they came from or sent to danger in other countries. NIJC’s recent report with FWD.us, Pushing Back Protection: How Offshoring and Externalization Imperil the Right to Asylum, explains how countries including the United States, Australia, and European Union Member States have systematically violated this principle for decades by implementing programs which “offshore” the asylum process by transferring asylum seekers to other nations or territories. Our report found that offshoring practices have denied thousands of people their legal rights to asylum and non-refoulement and have resulted in unimaginable harm including sexual violence, torture, and death. These policies have caused extreme human suffering and loss, particularly for Black, Brown, and Indigenous people seeking asylum around the world. One recent case in point: the Biden administration last week resumed deportations of Haitian asylum seekers, denying people the opportunity to seek protection in the U.S. despite the country's ongoing political, economic, and environmental disasters. Hundreds of people were deported from the southern border to Haiti over the weekend and more flights are scheduled for this week. NIJC has joined with partners nationwide to demand a halt to Haitian deportation flights.  Photo: A family in a shelter in Juarez, Mexico, waiting to apply for asylum after being pushed back by the Remain in Mexico program. (by Jordyn Rozensky) U.S. border policy is harming thousands of people NIJC spent four years tracking the Trump administration’s attacks on asylum. The deceptively named Migrant Protection Protocols (MPP), also known as “Remain in Mexico,” forced more than 70,000 people to wait in deadly conditions in Mexico while trying to apply for immigration status and asylum in the United States. The Remain in Mexico program is a prime example of how the United States has offshored asylum and forced people into danger. NIJC staff regularly works with individuals who have struggled daily to protect and provide for their families after being turned back under Remain in Mexico. One family escaped targeted gang and police violence, traveled for thousands of miles, and, like so many others, were turned away at the U.S. border. For over a year they sat in limbo, afraid to let their children out of their sight, even to attend school. They struggled to provide food and shelter for their kids. This family wasn’t unique. Lisa Koop, associate director of legal services at NIJC, recently reflected on what Remain in Mexico meant for so many of our clients: “Our clients were subjected to repeated kidnappings and violence. We spoke with mothers who were raped in front of their children and families who were torn apart. We saw extortions of individuals exercising their lawful right to seek asylum. Our clients, most of whom are Black, Brown, and Indigenous asylum seekers, have suffered unspeakable harms because of a policy designed to punish them for seeking asylum.” While the Biden administration had been slowly winding down Remain in Mexico, a recent federal court ruling ordered the administration to change course and restart the program. The administration says it will comply with the order. NIJC and members of the Welcome With Dignity campaign continue to call on the Biden administration to uphold its promise to fully end the Remain in Mexico program. The administration must issue a new termination memo based on the program’s extensive record of atrocities and establish an asylum system based not on punishment but on protection. Ready to learn and do more? Attend NIJC's next virtual Policy Corner, "The Dangers Of Pushing Away The Right To Asylum," on Tuesday, September 21, 2021, 12-1 p.m. Central. Join a conversation with the authors of our Pushing Back Protection report. Register now to get log-in info.  Join two important Twitter actions. Tell the Biden administration to 1) Stop Haitian deportations and 2) Terminate the Remain in Mexico program. Thanks for staying informed and for supporting immigrants and those seeking asylum. Until next time,
Jordyn Rozensky
Communications Strategist, National Immigrant Justice Center P.S. NIJC's website has more of our recommendations to uphold U.S. obligations to provide refuge for families, adults, and children seeking freedom from persecution. | 
