The IACHR Statement on the Expulsion of People from the United States, Mexico, and Guatemala

On September 17, 2021, the Inter-American Commission on Human Rights (IACHR) released a statement expressing concern over the expulsion of people, mainly of Haitian nationality, from the United States, Mexico, and Guatemala. The IACHR called on all States involved “to guarantee the effective protection of the rights of people in human mobility; and in particular, to ensure due process guarantees during all procedures that may result in the imposition of an expulsion measure.” In addition, the IACHR warned “that accelerated expulsion procedures are being implemented without assessing the potential need for protection; ensuring access to migration, asylum, or protection procedures; or applying the appropriate health protocols to prevent the spread of COVID-19 infection.”

The IACHR recommended that all States involved “allow people in the context of human mobility to enter their respective territories for the purpose of guaranteeing access to procedures for recognizing refugee status, complementary protection, or migratory regularization. These measures should contemplate the particular needs of groups such as women and other particularly vulnerable groups such as children and adolescents, LGBTI people, indigenous peoples, people with disabilities, and older people and should be compatible with health containment measures adopted in the context of the COVID-19 pandemic.” In addition, the IACHR urged “States in the region, particularly the United States, Mexico, Guatemala, to create and expand existing regular channels that are safe, accessible, and affordable for international migrants; and reiterates its call to implement mechanisms for regional cooperation and shared responsibility and to strengthen national asylum and protection systems, in a way that they adapt to the complex reality of migration dynamics in the region, to adequately identify protection needs, and provide timely responses. It is understood that as long as measures are not adopted to overcome the structural causes of forced migration, international migratory movements will continue to occur.”