TIJUANA,
Mexico (AP) — Nkeze wasn’t home when Cameroonian militants came
knocking, probably to deliver their signature ultimatum to join their
separatist movement or have his writing arm cut off.
The
24-year-old economics student escaped to Douala, the country’s largest
city, only to learn that the government wanted to arrest him for
participating in a university protest. He then flew to Ecuador and
traveled through eight countries to the U.S. border with Mexico,
including a trek through Panamanian jungle where he saw corpses and
refugees crying for shelter, food and water.
In
his quest to settle with relatives in Houston, Nkeze now faces a
potentially insurmountable obstacle: a new American ban forbids anyone
from applying for asylum at the U.S.-Mexico border if they traveled
through another country to get there.
“When
you find yourself on U.S. soil, you are well-protected,” Nkeze said,
sounding upbeat as he waited in Tijuana for a chance to make his case.
“You are protected by human rights.” He spoke to The Associated Press on
the condition that he be identified only by his last name due to safety
concerns.
The U.S. is increasingly aligning itself with wealthy countries in Europe and elsewhere to make asylum a more distant prospect.
On
Thursday, American authorities sent a Honduran man from El Paso, Texas,
to Guatemala. It marked the first time the U.S. government directed an
asylum-seeker back to that country under the new policy, which gave him
an option to file a claim there. He decided against filing a claim and
returned to Honduras, according to Guatemala’s foreign ministry.
Asylum
was once almost an afterthought, until an unprecedented surge of
migrants made the United States the world’s top destination in 2017,
according to the United Nations Refugee Agency. The U.S. held its leading position last year, followed by Peru, Germany, France and Turkey.
Nearly
half of the roughly 1 million cases in backlogged U.S. immigration
courts are asylum claims, with most from Guatemala, El Salvador and
Honduras.
Trump
has called asylum “a scam” and declared that the country is “full.” In
nine months, the administration returned more than 55,000 asylum-seekers
to Mexico to wait for their cases to wind through U.S. courts. Another
asylum ban on anyone who crosses the border illegally from Mexico is
temporarily blocked in court.
It’s unclear how the ban will be rolled out.
The
U.S. Homeland Security Department did not comment on Thursday’s initial
flight, which got a bare-bones announcement from Guatemala’s foreign
ministry. The U.S. has struck agreements with Guatemala, El Salvador and
Honduras that aim to send back asylum-seekers who pass through their
countries, but the Central American nations are woefully unprepared to
accept large numbers.
The
U.N. Refugee Agency said Tuesday that the ban is at odds with
international law and “could result in the transfer of highly vulnerable
individuals to countries where they may face life-threatening dangers.”
Asylum
is designed for people fleeing persecution based on their race,
religion, nationality, political beliefs or membership in a social
group. It isn’t intended for people who migrate for economic reasons,
but many consider it their best hope of escaping poverty and violence.
The
U.S. isn’t alone in asking other countries to block migrants. After
about 1 million refugees traveled through Turkey and Greece to seek
safety in Europe, the European Union agreed in 2016 to pay Turkey
billions of euros to keep them in refugee camps.
The
EU has also funded the Libyan Coast Guard to stop Africans from
crossing the Mediterranean, where thousands have drowned. Libyan forces
have kept refugees in squalid conditions and inflicted torture.
Since
2001, Australia has intermittently blocked boats from Asia and detained
asylum-seekers on Christmas Island, a tiny Australian territory, or
sent them to Papua New Guinea and Nauru, an island nation of 10,000
people. Australia pays detention costs.
The
U.S. long resettled more refugees than any other country, raising its
ceiling to 110,000 during President Barack Obama’s last year in office.
That practice has been sharply curtailed since Trump took office, with
the country planning to resettle no more than 18,000 refugees in 2020.
“There’s
this race to the bottom around the world, and governments are looking
to each other and trying to figure out what’s the harshest policy they
can get away with,” said David FitzGerald, a sociology professor at
University of California at San Diego and author of “Refuge Beyond
Reach: How Rich Democracies Repel Asylum-seekers.”
Cameroonians
hoping to follow Nkeze’s path face mounting obstacles. Ecuador, the
main gateway from Europe, began requiring visas for Cameroonians and 10
other nationalities in August, including six in Africa. Under heavy
pressure from Trump, Mexico is bottling up Cameroonians and other
U.S.-bound asylum-seekers near its southern border with Guatemala.
Nkeze
walked through Panama’s remote, mostly roadless Darien Gap in less than
four days on his way to the U.S. After giving his tent and raincoat to a
woman who was clinging to life, he slept on a stone and prayed for
clear skies and morning light. Only about a dozen in his group of 40 men
could keep up in a race to a refugee camp on the other side of the
jungle.
When
his 20-day transit permit in Mexico expired, Nkeze helped a friend at a
Tijuana juice factory for a cut of his earnings and lived at a no-frills
hotel in the city’s red-light district.
Even
before the ban, asylum was difficult to get in the U.S. Judges granted
only 21% of cases, or 13,248 out of 62,382, in the 2018 fiscal year.
Nkeze can also ask for two variations of asylum, but they are even
harder to obtain, with 3% succeeding under “withholding of removal” law
and only 2% under the U.N. Convention Against Torture.
“They
essentially want you to bring a note from your torturer before they are
willing to let you stay in the U.S,” said Stephen Yale-Loehr, professor
of immigration law practice at Cornell University.
Nkeze
may have caught a break when a federal judge in San Diego ruled Tuesday
that anyone who appeared at a U.S. border crossing before the ban was
announced July 16 and waited for their names to be called should be
exempt.
He
waited for five months in Tijuana for his turn on a list of nearly 9,000
people seeking asylum at a San Diego border crossing.
When
his name was finally called Nov. 12, he wore a Mexican flag pin on the
chest of his jacket as Mexican authorities escorted him to U.S. border
inspectors. He said it was a show of appreciation.
He was immediately taken into immigration custody and is being held in an Arizona detention center.
___
Associated Press writer Sonia Perez D. in Guatemala City contributed to this report.