By Lyndsey Kelly
Impunity Watch Reporter, North America

WASHINGTON D.C., United States of America – Border Agents have failed to identify individuals who may have potential claims to asylum, allowing them to be deported back to their native country where they may face dangerous conditions. A report by Human Rights Watch details the stories of men and women who have claimed to have fled violence in their homeland. The number of undocumented immigrants being apprehended in the United States who have traveled from El Salvador, Honduras, and Guatemala has risen in the most recent years.

Human Rights Watch interviewed 35 migrants, including 25 deportees in Honduras. Some migrants stated that gang members have been extorting a war tax from citizens and threatening to kill or kidnap their families if they failed to pay the “debt.” Others have claimed that they were witnesses in gang violence and are currently hiding from the members for fear of their lives. Most of the interviewed immigrants stated that they were never asked about their fear of returning home.

A U.S. immigration researcher at Human Rights Watch stated, “in its frenzy to stem the tide of migrants from Central America, the US is sending asylum seekers back to the threat of murder, rape, and other violence.” Human Rights Watch argued that the U.S. has failed in its duty under international law to give the immigrants’ cases sufficient scrutiny in determining whether they have a credible claim for asylum. International law which is binding on the United States prohibits any immigrants return to a country where they fact serious risks t their lives or safety. Detention of asylum seekers is also discouraged where as detention or migrant children is prohibited under international law.

After apprehending an individual, border agents are required to determine whether the undocumented immigrant is fearful of returning to his or her native country. An asylum officer or an immigration judge later determines whether that fear is valid. Even if immigrants to receive a credible fear interview, a very small proportion of immigrants are found eligible for asylum.

The human rights group obtained data for the 2011 and 2012 fiscal year, which indicated that the Border Patrol agents were flagging a suspiciously low number of Central Americans as possible asylum seekers. The data indicated that at least 80 percent of asylum seekers were put on the fast track to deportation. While immigrants can voice their concerns with returning home to Immigrations and Customs Enforcement when they are placed in detention. However, ICE agents are not required to ask immigrants about the potential risks of retuning to their native countries.

A statement issued by the U.S. custom and Border Protection agency states that all border patrol officers are trained to recognize circumstances that would require a credible fear interview. The agency said that they are taking these allegations seriously and are investigating the issues.

The report recommends that the government stop fast-track removals of immigrants to endure that those who are entitled to asylum receive it.  It also calls for an end to family detention, which is currently being used instead of releasing the undocumented immigrants on bond with the condition of wearing ankle bracelets. Lastly, the report suggests that the government increase access to legal counsel.

 

For more information, please see the following:

HUMAN RIGHTS WATCH – US: Migrants Returned To Danger – 16 Oct. 2014

HUFFINGTON POST – U.S. Deportation Practices Put Asylum Seekers At Risk, Human Rights Watch Says – 16 Oct. 2014.

L.A. TIMES –Is The U.S. turning People Away At The Border Who’ve Been Threatened With Rape and Murder? – 16 Oct. 2014.

WASHINGTON POST – Hondurans Flee Violence, Then Are Deported By U.S. To Face More, rights Group Charges – 16 Oct. 2014.