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.
“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.
Originally posted on the Asylumist: www.Asylumist.com.