US announces controversial asylum rule

Houston: The US announced a new rule that could bar thousands from applying for asylum.

Under the rule, which was announced by the Department of Justice and the Department of Homeland Security (DHS), those who enter the US through the southern border would be ineligible for asylum if they did not apply for protection where it was available in at least one third country en route to the US.

US Attorney General Bill Barr said, "The United States is a generous country but is being completely overwhelmed by the burdens associated with apprehending and processing hundreds of thousands of aliens along the southern border. This rule will decrease forum shopping by economic migrants and those who seek to exploit our asylum system to obtain entry to the United States—while ensuring that no one is removed from the United States who is more likely than not to be tortured or persecuted on account of a protected ground.”

DHS Acting Secretary Kevin K McAleenan added, "Ultimately, today's action will reduce the overwhelming burdens on our domestic system caused by asylum-seekers failing to seek urgent protection in the first available country, economic migrants lacking a legitimate fear of persecution, and the transnational criminal organisations, traffickers, and smugglers exploiting our system for profits.”

Victims of human trafficking and those who applied in a third country but were not accepted are excempt.

The American Civil Liberties Union heavily criticised the move, pledging to go to court to stop it.

The UNHCR said they were deeply concerned over the restrictions.

"We understand that the US asylum system is under significant strain. And we are ready to play a constructive role if needed in helping alleviate this strain,” UN High Commissioner for Refugees Filippo Grandi said.
“But we are deeply concerned about this measure,” he added. “It will put vulnerable families at risk. It will undermine efforts by countries across the region to devise the coherent, collective responses that are needed. This measure is severe and is not the best way forward.”

UNHCR stated it believed the rule excessively curtails the right to apply for asylum, jeopardises the right to protection from refoulement, significantly raises the burden of proof on asylum seekers beyond the international legal standard, sharply curtails basic rights and freedoms of those who manage to meet it, and is not in line with international obligations.