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Jurist Rights group urges US to reconsider asylum claims of 200 migrants expelled to Costa Rica

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Dadparvar

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Nov 11, 2016
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Human Rights Watch (HRW) on Thursday urged the US to offer to return and hear the asylum claims of approximately 200 third-country nationals, including children, who were expelled to Costa Rica in February without due process. The rights group also urged Costa Rica to refuse future transfers.

According to a detailed report, US immigration authorities flew these individuals, primarily from Colombia, Venezuela, Peru, and other Latin American countries, to Costa Rica after they sought asylum at the US-Mexico border. Many had travelled through the Darien Gap and presented themselves to US Border Patrol agents near San Diego, California.

The rights group alleged that US officials processed these asylum seekers under an opaque legal mechanism, providing no clear explanation of the process and denying them access to legal representation. The expulsions, HRW said, were carried out under a little-known agreement with Costa Rica that has not been made public and appears to lack key protections. HRW noted that some expelled migrants reported threats, violence, and extortion after being transferred. The US has not formally acknowledged the agreement, and there has been no transparency around the criteria used to select individuals for removal.

HRW Senior Counsel for Children’s Rights Michael Garcia Bochenek stated: “It’s reprehensible to dump families in a country they never chose, with no process and no regard for their safety … Costa Rica and the US should immediately let them seek asylum where they feel safe.”

The organization called on the US to provide transparency on the legal basis for these removals and to coordinate with Costa Rican authorities to facilitate the safe return of individuals who wish to pursue asylum. HRW also recommended that the UN Human Rights Council (UNHRC) create a system to monitor human rights violations experienced by individuals in transit across international borders.

International law, including the 1951 Refugee Convention and its 1967 Protocol, prohibits the return of refugees to territories where their lives or freedom may be threatened, a principle known as non-refoulement. The US is a party to the protocol and incorporates related protections under the Immigration and Nationality Act (INA), which are being flouted currently.


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