WASHINGTON, D.C. (TIP): The Trump administration has launched a nationwide campaign to invalidate the asylum claims of thousands of people with active cases in U.S. immigration courts by arguing that they can be deported to countries other than their own, CBS News reported on Tuesday, December 30. Another report says that U.S. could deny migrants access to asylum on the grounds they present a public health risk under a newly finalized regulation drafted during the COVID-19 pandemic in President Donald Trump’s first term.
The regulation, effective on Wednesday, December 31, allows U.S. authorities to bar asylum based on “emergency public health concerns generated by a communicable disease,” according to a copy posted in the Federal Register on Monday, December 29. Reuters said it could not immediately independently confirm the report.
As a professional attorney, I find it concerning that the Trump administration is attempting to invalidate the asylum claims of individuals by arguing that they can be deported to countries other than their own. This goes against the international legal principle of non-refoulement, which prohibits the deportation of individuals to countries where they may face persecution or harm.
My question is: How does this new regulation address the potential violation of the principle of non-refoulement and what safeguards are in place to ensure that individuals are not deported to countries where their safety is at risk?