New Asylum Law in Mexico Could Reduce the Flow of Refugees to the U.S.

Mexican President Felipe Calderon last week signed into law a new provision meant to bring Mexican asylum law in line with international standards.  Fox News Latino reports that the law was drafted taking into account the model legislation from the United Nations High Commissioner for Refugees.

Cantinflas
Until recently, Mexican asylum law was enforced by this guy.

“From now on,” President Calderon said, “Mexico will consider applications for refugee status from any person who cites a fear of being persecuted for his race, religion, nationality, membership in a particular social group or political opinion.”  Gender persecution will also be considered legitimate grounds for an asylum claim, he said.  Officially recognized refugees will have a right to work and to access health care and education.

UNHCR hailed the move:

Mexico has long been a signatory of the 1951 Refugee Convention and its 1967 Protocol and the country has a history of protecting asylum-seekers and refugees.  But, until now, Mexico lacked a specific legal framework for dealing with refugees as previous laws did not comply with international standards.

This law conforms to such standards.  It includes important principles such as non-refoulement (non forced returns); non-discrimination; no penalty for irregular entry; family unity; best interests of the child; and confidentiality.

If–and it is a big if–the new law is properly implemented, it could have an impact on the flow of asylum seekers into the U.S. via our Southern border.  As I’ve discussed in this blog previously, African, Chinese, and other asylum seekers enter the United States at the Mexican border and then file for asylum in the U.S.  If these people pass through Mexico without requesting asylum, it could negatively impact their chances for success in the United States (for example, they might be deemed less credible).  If they request asylum in Mexico, and their request is granted, they would be ineligible for asylum in the U.S., as they would be “firmly resettled” in Mexico for purposes of the immigration law. 

In addition, the U.S. currently has a “safe third-country” agreement with Canada, meaning that people denied asylum in Canada cannot apply for asylum here, and vice versa (at least that is how the agreement is supposed to work).  If the Mexican asylum law meets international standards, perhaps we will enter into such an agreement with Mexico.  This would further reduce the possibility for asylum seekers to pass through Mexico and then seek asylum in the United States.

The impact of the Mexican law on the flow of asylum seekers into the United States will depend on how effectively the new law is implemented.  Given the Mexican government’s current challenges, I’m a bit skeptical of its ability to live up to the high standards it has set for itself.  I suppose we’ll have to wait and see.

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18 comments

  1. can I claim asylum in mexico from usa??

    Reply
    • You’d have to talk to a lawyer in Mexico about that. Take care, Jason

      Reply
  2. I thought asylum seekers must request asylum from the first border they cross. Is that not true? If that is true why are they allowed to cross a country to come to this country seeking asylum?

    Reply
    • It is not true. Many people pass through countries that they do not think are safe, and so they do not ask asylum there, or they simply do not want to seek asylum in those countries. This can be controversial, but the law does not block people from asylum simply because they passed through a third country. Take care, Jason

      Reply
      • I have to tell you that I find it extremely strange that they would travel through different countries in some cases to seek asylum here? Why don’t they seek asylum in any country they cross? It seems to be it isn’t about asylum but instead it is all about getting a free ride in this country. Just a thought.

        Reply
        • When a person flees his country, there is a push and a pull. The push is violence, lack of jobs, etc. The pull is safety, a decent economy, family already in the country. I think people do not feel she in Mexico, and that country also lacks other “pulls” of the US. People fleeing are not looking for the first safe place – they are looking for a place where they can live their life in freedom and safety, and have a future. I think most migrants do not see Mexico that way. On the other hand, I have not seen data on Central Americans living in Mexico. Maybe there are many and the minority come to the US? I don’t know. Take care, Jason

          Reply
  3. i want to ask you sir,how can i join asylum,though am from Africa but based in Mexico city.kindly tell me what i should do please.thanks

    Reply
    • To apply for asylum in the US, you have to be physically present in the US. Maybe you could apply through the UN as a refugee if you are outside the US. It is a complicated procedure, and if you have questions, you would do well to speak to a lawyer. Take care, Jason

      Reply
  4. Hello i am trying to go to the united states through mexico anyone that can help me can try my name on skype and we can communicate..
    [deleted by editor – see comment]

    Reply
    • Sorry – I cannot allow a post where someone is trying to enter the US illegally, so I must remove your Skype address.

      Reply
  5. Dear sirs,
    I would like to inform all potential assylum seekers from Asia ,Africa and latin America that we can help them pass through the american borders .we take 3000 dollars from people who are already in Mexico and 5000 dollars for somebody who is still in their country of origen.my email is [redacted] … my telephone is [redacted] ….0 contact me if you want to reach your dream of entering the UNITED STATES OF AMERICA throgh the back door.thanks

    [ed – obviously I will not permit a smuggler to advertise on my website. That said, my guess is that this guy is some joker and not an actual smuggler]

    Reply
    • contact me how can I get to America from there ?

      Reply
  6. […] willing to accept our asylum seekers.  The most obvious choice is Mexico.  Mexico is trying to comply with international refugee law, and most asylum seekers entering the U.S. illegally have to pass […]

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  7. i dont no can i go ther

    Reply
  8. help

    Reply
  9. iam from iraq in mexico tijuana my wife in usa newyork waht shold i do to go to my wife

    Reply
  10. […] is finally about to implement an asylum law. They’ve never had one before, which meant that all those more South-ern Americans who wanted […]

    Reply
  11. […] 2011 I’m dashing out and don’t have time to write about this, but check out the blog Asylumist on this […]

    Reply

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