Written by: Aidan Jonah

A report released today by Human Rights Watch titled “Trump Administration Using Pandemic as Excuse to Target Asylum Seekers” details Trump’s exploitation of the COVID-19 crisis to push his anti-immigration agenda.

Regardless of whether they qualify for protection under US asylum law, US Customs and Border Protection (CBP) began expelling all “unauthorized” migrants at the US-Mexico border to Mexico last week. This policy was falsely justified on the basis that it was based on an order by the US Centers for Disease Control and Prevention. The report reveals that, in reality, the CDC’s order was based on insufficient and incorrect information provided by the Department of Homeland Security.

The Department of Justice recently issued proposals that would amend the law indefinitely to deny asylum and other protections to people “infected with a communicable disease of public health significance.”

Their actions clearly violate international law. As the report details:

“Even in times of emergency, international law prohibits the US from suspending the right to be protected from forcible return to life-threatening circumstances. The right to be protected from being returned to face torture – eliminated for some under the Justice Department proposal and severely compromised under a Customs and Border Protection policy – is also absolute and cannot be withdrawn.”

While their actions are truly vile, their xenophobic actions against asylum seekers is not without recent precedent.

Canada sets the precedent for vile treatment of asylum seekers

On March 20, Canadian Prime Minister Justin Trudeau announced that Canada would turn back asylum-seekers who attempt to enter the country through the Canada-US border.

Under the Safe Third Country agreement, which was signed in December 2004, Canada and the US each declare the other country safe for refugees and close the door on most refugee claimants at the US-Canada border. The agreement has not been terminated despite the draconian powers given to ICE and the presence of overcrowded immigration detention centres which was described as a “concentration camp system,” by Andrea Pitzer, a historian of concentration camps.

Asylum seekers were already barred from entering Canada at official border points, however due to an exception for non-official crossings under the agreement, some were able to make it across the border. This exception was closed at midnight, on the day of Trudeau’s announcement.

In an email to CBC News, Janet Dench, executive director of the Canadian Council for Refugees, said the decision breaches Canada's international obligations.

"During a pandemic, we must uphold our commitments to protecting the rights of refugees and vulnerable migrants. This includes our fundamental legal obligation to not turn refugees away at the borders."

The COVID-19 crisis has been exploited by both the Canadian and American government to violate international law around asylum seekers and expose them to tremendous danger. This is a disgrace, and must be fought against with tremendous vigour.