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As the US presidential election approaches, political drama is inevitable. But sometimes it goes beyond mere attention-grabbing and reaches the level of human rights violations.
President Joe Biden’s executive order on asylum issued this week certainly crosses that line.
Before we get into the specifics, let’s remember some basics here, because I’ve noticed recently that when people start talking about asylum, one core fact is often overlooked.
Here’s the thing: Everyone has the right to seek asylum in another country. This doesn’t mean that everyone can live wherever they want. No. It means that you have the right to seek asylum, and that authorities should consider your individual case and treat you humanely in the process. U.S. law guarantees this right, and it’s supported by international human rights and refugee law.
The executive order issued by President Biden on Tuesday goes against this fundamental right.
The law allows border officials to quickly remove people arriving in the United States at the southern border (without even a hearing) under certain conditions, specifically if the number of people arriving at the border exceeds 2,500 on a seven-day average.
Why 2,500? Nobody knows. It’s a completely arbitrary number, chosen by lottery.
Authorities won’t reopen the border until the average number of people crossing the border each day falls below 1,500 — again, that’s just a guess.
This will close the US-Mexico border to asylum seekers. This executive order is clearly unlawful under international human rights and refugee law.
It also poses the risk of putting thousands of people at serious risk.
A few weeks ago, I wrote about the dangers of US border officials using an app to “digitally meter” asylum requests, putting people waiting in Mexico hoping to get asylum in the US at risk of rape, kidnapping, torture, and murder.
Biden’s new executive order will only increase the number of people facing these fears.
This executive order is, of course, about politics and the presidential election. This is political theater, with candidates wanting to appear “tough” on the border, regardless of the suffering their policies and policy proposals may cause.
But the next time you see a new policy described as “harsh,” try this: Replace the word “harsh” with “cruel,” and you’ll have a better understanding of what’s going on at a human level.