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    The US Must Commit to Protecting Central Americans

    Recent comments by US Vice-President Kamala Harris over migration from Guatemala are part of an unfortunate pattern. Like Harris, other members of the Biden administration have been telling Central American migrants — many of whom are forced to leave home — “do not come” to the United States because they will be turned away at the US-Mexico border.

    Harris walked back these statements last week, partly in response to criticism from groups like Refugees International that swiftly highlighted the right to seek asylum and international protection. In an interview following her trip to Guatemala and Mexico, she said, “Let me be very clear, I am committed to making sure we provide a safe haven for those seeking asylum, period.” But it remains an open question whether this commitment will be reflected in concrete policy change.

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    It is time for the United States to show a stronger commitment to the protection needs of Central American migrants. The Biden administration can do so by taking five important steps.

    Rights of Central American Migrants

    First, the administration must commit to increasing resettlement. Politicians who want to emphasize protection sometimes speak about having migrants apply for asylum from home. This confuses asylum, which is requested at the border or from within the US, with resettlement, which is usually applied for from a third country rather than the home country, where it is too dangerous for people seeking protection to await processing.

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    Unfortunately, no significant US refugee resettlement program for Central Americans currently exists. Harris did not discuss plans to create one, even for the women the administration acknowledges flee violence in Guatemala. The statement that Guatemalans should not come undermines not only the right to seek asylum under US law, but it also bolsters a long history of American refusal to recognize Guatemalans as refugees or the role of US policies in causing forced displacement in the region.

    The Biden administration has allocated some additional refugee visa slots for Central Americans and established a Migration Resource Center in Guatemala to advise people about the availability of refugee resettlement. However, much more needs to be done by the State Department, Homeland Security (DHS) and Congress to build a substantial resettlement program for Guatemalans. The administration should work with Congress to ensure that more Central Americans are referred and are eligible for refugee resettlement.

    Second, the United States must make it possible for additional at-risk youth from Honduras, El Salvador and Guatemala to qualify as refugees through the Central American Minors (CAM) program. On June 15, Secretary of State Antony Blinken and Homeland Security Secretary Alejandro Mayorkas announced an expansion of the renewed program, which existed under the Obama administration. It allows parents based in the United States to apply to have their children come to the country from Central America as refugees.

    This is welcome news. But the devil is in the details. It remains to be seen if, unlike during the Obama-era CAM program, significant numbers of Guatemalan parents will actually be eligible and helped to apply and if US officials sent to interview children will recognize them as refugees. It is also unclear if, this time around, the US government will ensure the safety of children while they are interviewed in Guatemala and provide them with needed support after they arrive in the US. The Biden administration must revise eligibility, retrain adjudicators and commit resources to make this program a true pathway to security for Guatemalan kids.

    Third, the Biden administration must also restore asylum at the border. Harris’ description of the border as closed does not accurately represent precisely what is happening, only further adding to the confusion. On the one hand, newly arriving migrants cannot ask for asylum at ports of entry along the US southern border and they could be expelled under an unjustified COVID-19-related order. On the other hand, the administration has exempted unaccompanied minors from Central America from this order and is admitting rather than expelling the majority of arriving families. Yet single adult asylum seekers who enter between ports of entry are an enforcement priority. These migrants are either expelled without any screening for their protection needs or detained at Immigration and Customs Enforcement (ICE) facilities for long periods.

    Further, the Biden administration recently announced that asylum-seeking families admitted at the border will have their cases adjudicated on a faster timeline in immigration court without ensuring they will have access to counsel. Refugees International encourages the administration to end the COVID-19 expulsion policy, process asylum seekers at ports of entry, release asylum seekers to pursue their claims at their destination locations, and expand access to legal counsel for asylum seekers.

    Fourth, the Biden administration must listen to the voices of Central Americans. Harris’ comments will likely do little to affect migration and may take away from other issues that are of the utmost importance for Guatemalans. Smugglers are not swayed by such remarks and continue to profit off a booming business that feeds on the lack of legal pathways available to Central Americans.

    Guatemalans themselves often have no control over the conditions that force them to migrate, little of which have to do with US immigration policies. Two devastating hurricanes, pervasive violence and crime, and endemic corruption are some of the main reasons why people flee. These drivers will take years to diminish. In the meantime, the United States should work to build trust with Guatemalan civil society and prioritize support to areas that Guatemalans are specifically calling for help. Most notably, the US needs to support Guatemala in reducing corruption, as several prominent organizations in the country have asked for.

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    Finally, the Biden administration must work with Mexico on a holistic approach to migration that goes beyond deterrence and the prevention of northward movement. For decades, the US has asked the Mexican government to help keep migrants from the border through increased enforcement at Mexico’s southern border with Guatemala and ramped up detention and deportation in Mexico. This limits many with international protection concerns from seeking asylum in Mexico or the US.

    It remains to be seen whether policy changes like the proposed US-Mexico “Operations Group on Human Smuggling and Human Trafficking” will offer protection to victims of human trafficking at the border, whose needs have been ignored in the past. On his trip to Mexico last week, Secretary Mayorkas met with officials from the National Institute of Immigration (INM), but not with representatives of the Mexican Commission for Refugee Assistance (COMAR). Nor did the delegation from the United States traveling with Mayorkas include officials focused on asylum and humanitarian concerns. In bilateral discussions about migration with Mexico, the Biden administration needs to increase emphasis on access to protection.

    Following Through

    If President Joe Biden is serious about providing protection to Central Americans, his administration must more clearly and consistently articulate its commitment to this goal. It must follow through on the commitment via increased access to refugee resettlement and asylum and to humble and holistic cooperation with regional partners.

    Harris’ approach was a political mistake and a lost opportunity. Other plans announced by the administration indicate a more productive approach that can be best fulfilled by adopting the five steps we have outlined.

    *[Yael Schacher is a senior US advocate and Rachel Schmidtke is an advocate for Latin America at Refugees International.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    Myanmar: What Comes Next for Minority Groups?

    The military coup in Myanmar has been widely denounced as a lethal blow to a fledgling democracy. But it also increases the likelihood of further atrocities and mass displacement. The world cannot forget that the Myanmar military is the same institution that led the campaign of genocide against the Rohingya people.

    The coup will negatively affect much of the population in Myanmar, rolling back tentative democratic reforms and freedoms and leading to further mass arrests. But ethnic minority groups, which have long been a target of military abuses, have particular reason to be concerned.

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    Even with the veil of a quasi-civilian government in recent years, the military has continued to commit atrocities against the Kachin, Karen, Rakhine and other states inside Myanmar. For the 600,000 Rohingya still living in Myanmar, the threat is even clearer. They survived the military’s genocidal campaign in August 2017. Indeed, the head of the military and now of the country, Senior General Min Aung Hlaing, has referred to the Rohingya as a long-standing problem and an “unfinished job.”

    The coup will also affect refugees outside of the country. The more than 1 million Rohingya living in Bangladesh now face even greater odds against a safe return to their homeland in Myanmar. In a way, the coup only underscores the reality that conditions for return have been far from safe and sustainable all along.

    Rohingya in Bangladesh have told Refugees International that they are alarmed by the coup and worried about the fate of loved ones still in Myanmar. At least with the quasi-civilian government, there was some hope that international pressure could eventually inspire a change. But as long as the military — the entity responsible for the genocide — remains in charge, the idea of a safe return seems inconceivable.

    International Pressure on Myanmar

    If there is a silver lining, it is that the newly galvanized international outrage about the coup might break the inertia in addressing the military’s abuses. In a report released in January 2021, Refugees International laid out critical policy advice for the Biden administration to address the Rohingya crisis. The report recommendations also provide a playbook for responding to the coup.

    As a first move, the Biden administration must recognize the crimes committed by Myanmar’s military for what they are: crimes against humanity and genocide. Given the ample evidence available, it is perplexing that the United States and many other countries have not yet made this determination. A genocide declaration would not only speak truth to power about what the Myanmar military has done to the Rohingya, but it would also galvanize more urgent global action. It would signal how serious the US and other allies take the threat of the Myanmar military.

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    Second, the Biden administration should use the urgency of the coup and a genocide determination to engage allies and lead a global response marked by diplomatic pressure and coordinated targeted sanctions. The Biden administration has already said it is considering new sanctions and is reaching out to other countries to coordinate. Those sanctions should be placed both on Myanmar’s military leaders and military-owned enterprises, including, but not limited to, the two large conglomerates, the Myanmar Economic Corporation (MEC) and Myanmar Economic Holdings Limited (MEHL). Future lifting of sanctions should be phased and tied not only to a return to the quasi-civilian government elected in 2020, but also progress on creating conditions conducive to the return of Rohingya refugees.

    Third, the US and other allies must push for a multilateral arms embargo. Ideally, this would be done through the action of the UN Security Council. But as long as China and Russia are likely to block such actions, countries like the United States and European Union members that have already ended arms sales to Myanmar should use diplomatic pressure to urge others — including India, Israel and Ukraine — to do the same.

    Fourth, countries must revitalize support for international accountability efforts, including at the International Court of Justice (ICJ) and the International Criminal Court. The Gambia’s genocide case against Myanmar at the ICJ has the support of the 57-member Organization of Islamic Cooperation, and Canada and the Netherlands have expressed their intent to intervene in the case. The US and other allies should add their support.

    Finally, the United States and other allies must push for coordinated high-level diplomatic pressure at the UN Security Council, even with Chinese and Russian reluctance to allow stronger measures. As an important first step, the Security Council did issue a statement that expressed concern about the coup and called for the release of detainees; however, it fell short of outright condemnation of the coup and did not commit to any concrete action. Nonetheless, a discussion at this highest level still adds pressure on Myanmar’s military by keeping the possibility of stronger action alive. The fact that there had been no UN Security Council session on the Rohingya for the past two years is ludicrous and only fueled the Myanmar military’s impunity.

    Ethnic minority groups in Myanmar know all too well that the military is capable of — and willing to execute — mass atrocities. The US and all states that stand for democracy, and against mass atrocities, must act now while the eyes of the world are on Myanmar.

    *[Daniel Sullivan is the senior advocate for human rights at Refugees International.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More