MVC

BY FERNANDA MORA BRENES

The combined Trump-Biden policy presents a façade of “safe and orderly migration” but, on the ground, erases their opportunity to access their right to seek asylum and violates the nonrefoulement principle, drifting further away from the most basic human rightsbased frameworks.

Governor Ron DeSantis, the same politician who took credit for the scheme, keeps pushing discriminatory narratives, promising to end birthright citizenship, a policy under which children born in the U.S. are recognized as citizens. DeSantis threatens to use deadly force against those who dare to cross the border over land in a failed attempt to gain popularity with the far-right minority, whipping up hate and inciting violence against Latin Americans as “drug smugglers” and “criminals,” militarizing the border and pushing narratives of fear of “others” who are not worthy of being treated with dignity, compassion or as a fellow human being.

In the meantime, a family of four asylumseeking cousins that never asked to come to the island, now call it home, while they wait for the results of the Class Action Alianza Americas et al. v. DeSantis Case et al. They also wait for the results of the ongoing criminal investigation, currently under review by the District Attorny after a Bexar County Sheriff’s office recommended criminal charges, including unlawful restraint and counts for misdemeanor and felony. So far the suits have not stopped the Florida governor from targeting more people and sending them - at taxpayer expense - to California, where Governor Gavin Newsom has threatened DeSantis with kidnapping charges after 16 additional asylum seekers were flown to Sacramento, in addition to similar schemes targeting New York and Washington, D.C.

This experience reminds me that human rights are day-to-day frameworks and should be used for guidance in public policy, including humanitarian and migratory ones. Although countries have the right to establish their own immigration policies and distinguish between their own and foreign nationals, as well as regular and irregular migrants, differentiated treatment must be based on the rule of law formally enacted, reasonable, objective and not a violation of human rights. No country shall use irregular migration status as an excuse to treat others inhumanely or to illegally exploit an extremely vulnerable population for political gain.

After their unexpected arrival on the Vineyard, the asylum seekers were temporarily sheltered at the Cape Cod Military Base, and almost a year afterwards, they are all gone. Still the space has been reimagined and will open as a shelter as Massachusetts expands services for homeless families.

The kindness and rapid response of the people on this island restored the hope in humanity I thought I had lost... After all, we’ve been through, something good must come out of all of this.”

Venezuelan Asylum-Seeker

FERNANDA MORA BRENES has studied international human rights law specializing in women’s and children’s rights. She has worked for the Arias Foundation of Peace and Human Progress, the Inter-American Court of Human Rights (IACHR), and she was the Coordinator of the Human Rights Commission of the Costa Rican International Law Association (ACODI). She is an International Human Rights Consultant and Media Voices for Children Board Member.

BY REBEKKA-TSENAYE NGHILALULWA