TUCSON, AZ– U.S. Border Patrol agents are denying access to asylum seekers crossing the border from Mexico into the U.S., actions that—according to Human Rights Watch—violate both “U.S. and international human rights law.”
The report highlights instances in which agents at the border “expelled” asylum seekers to Mexico, ordering them to discard their belongings.
According to Human Rights Watch (HRW), U.S. and international laws guarantee the right to seek asylum and humane treatment for those in government custody.
Human Rights Watch concluded U.S. Border Patrol agents’ actions contradict legal protections outlined in U.S. and international human rights laws, and cited violations related to “blocking access to asylum,” “intimidating asylum seekers,” “inhumane treatment” and “stripping people of belongings.”
The organization said it interviewed 40 Mexican asylum seekers who were denied asylum, and many reported abusive treatment by Border Patrol agents.
Vicki B. Gaubeca, said HRW, stated agents, “either ignored (asylum seekers’) concerns, telling them that asylum no longer exists in the United States, or bullied them into silence.”
The report outlines the restrictions set by the Biden administration’s 2024 Interim Final Rule on asylum, limiting access to the asylum process by suspending asylum eligibility once a threshold for daily unauthorized border crossings is met.
It requires asylum seekers to describe the threats that they face without being prompted, descriptions which must adhere to an undisclosed, narrow standard, which excludes the general fear of persecution. Additionally, said HRW, there are no provisions for exceptions for Mexican arrivals, “even though they are being returned directly to the country where they fear harm.”
Human Rights Watch noted only two families from those interviewed were referred to an asylum officer, which is necessary to initiate the asylum process. Of these, one family reached an immigration hearing, but both families were ultimately deported after about a week in custody.
Among the 40 individuals interviewed, 29 reportedly either “intended to seek asylum” or expressed fears about returning to their home countries, added HRW, noting they described being “either ignored by Border Patrol, told to be silent by a Border Patrol Agent, or told that “asylum no longer exists in the US.”
According to the article, some of the asylum seekers reported being shouted at, insulted, and subjected to further degrading treatment such as having their clothing ripped and shoelaces removed. These measures were reportedly justified by a U.S. policy that aims to “prevent self-harm,” said HRW.
Salvavision director Dora Rodrigues argues in the HRW report Border Patrol agents are “completely dehumanizing” individuals attempting to enter the U.S., arguing “there is absolutely no accountability” within the US to hold the Border Patrol agents accountable to ensure compassionate treatment.
The report also addressed potential future changes under President-elect Donald Trump, whose administration has indicated plans to reinstate anti-asylum policies and expand deportations.
Human Rights Watch expressed concern that such measures could worsen the human rights situation for immigrants and asylum seekers.
Human Rights Watch documented multiple interactions between Mexican asylum seekers and US Border Patrol Agents.
In one case, a family of six who had fled Oaxaca because of violence that included massacres and kidnappings, was shouted at by agents, who also used profanities and prevented them from speaking, read the HRW report.
One of the family members allegedly refused to sign a deportation order, and that case was closed with an agent marking the form with “refused to sign,” and the family was then deported within 24 hours, said HRW.
In another account from the HRW report, a mother from Chiapas claimed she was prevented from elaborating on her fears of violence, which included kidnappings and disappearances that had been occurring in her community. She reported “no one was allowed to speak, unless spoken to,” and that the agents did not allow her to explain her situation thoroughly.
