Law and Policy Response

 

COVID-19 has led to various changes in policy with regards to the protection of displaced people, ranging from detention through access to asylum. This page tracks these changes, organised geographically:

(i) Global Policy

(ii) Middle East and North Africa

(iii) Asia and the Pacific

(iv) North America and Europe

(v) Latin America and the Caribbean

We aim to update the entries weekly - and encourage you to send us information (and correct any mistakes!) about the jurisdictions with which you’re familiar.

Global Policy

 

UNHCR has released policy statements and guidance on the pandemic and refugee protection:

UNHCR is also maintaining a “live blog” with updates about its activities during the pandemic and there is a COVID-19 page on RefWorld that brings together relevant resources.

The UN system more generally has issued the following guidance:

Border restrictions and closures are a key element of State response to the pandemic. These have a significant impact on the ability of individuals to seek asylum. Many of these are highlighted below but for a more general list of border and travel restrictions see:

Middle East and North Africa

 

As with other regions, a number of countries have announced full or partial border closures, restricting the ability of individuals to access asylum:

In addition to border closures, the following regional States have amended their laws or policies with respect to displaced persons and refugees as a result of the pandemic:

Egypt

Refugees (and other foreigners) “are treated like Egyptians, in terms of receiving medical care for Coronavirus” (according to the local WHO representative).

Iran

Refugees in Iran are included in the national COVID-19 response.  Iran has announced that refugees will receive full access to health services:

“HAMI [Association for the Protection of Afghan Women & Children] is very pleased to announce that in a humanitarian gesture, following a suggestion made by Governor of Semnan and Minister of Interior ,President of Islamic Republic of Iran’s approval, all COVID-19 patients in Iran will receive treatment free of charge. President Rouhani has specifically approved free-of-charge treatment of foreign nationals who have contracted COVID-19. The decision has been made to facilitate access to treatment for all including Afghan refugees and migrants in Iran.” (Correspondence from HAMI dated 1 April 2020)

This change in policy comes after refugees began being sent back to Afghanistan and concerns were expressed about the access of refugees to health services and the role of these refugees on the spread of the pandemic.  UNHCR has also airlifted medical supplies to Iran.

Jordan

UNHCR and the Jordanian government have signed an agreement (with 2.5 million USD of funding attached) “to help ministries and government institutions that offer services to Jordanians and Syrian refugees as part of their anti-COVID-19 efforts.”

Lebanon

Lina Khatib of Chatham House writes:

“Despite agreeing a Lebanon Crisis Response Plan with the UN for refugees, different ministries were left to implement it without coordination, just as Lebanese politicians from all sides started trying to rally popular support for ridding Lebanon from refugees - in particular from Syria, who Lebanese leaders say are causing a strain on the country’s already weak infrastructure.”

Libya

To be updated soon.

Syria

Assistance to displaced persons in Syria has been plagued by the Government’s control of “cross-line aid” (and has been the subject of regular international negotiations, including at the Security Council).  The Government continues to impose restrictions on such aid and this has impacted the availability of resources (and monitoring) in many parts of the country.

Turkey
In light of the pandemic, Turkey has (temporarily) withdrawn its policy of allowing (read: encouraging) onward movement of refugees to Europe (a policy adopted to force NATO support of its military actions in Syria).

Asia and the Pacific

 

To be updated soon.

North America and Europe

 

Canada

Reversing its earlier policy of keeping its borders open to asylum seekers, on March 23rd, Canada, the USA and Mexico announced an agreement to close their borders:

“On Monday, the U.S. announced a 30-day agreement with both Canada and Mexico that includes immediately returning any migrants without legal status to the countries from which they arrived, or to their countries of origin if that isn't possible, rather than holding them at U.S. facilities.

Prime Minister Trudeau said last week anyone crossing between the two countries on foot to claim asylum will be turned away as part of the temporary border deal aimed at combating COVID-19.” (National Post, “Asylum-seekers turned back by Canada at its border will be shipped home, U.S. says” (26 March 2020).

As noted by Amnesty International and the Canadian government itself, the border closure could increase the risk that asylum seekers are refouled, contrary to Canadian domestic law and international commitments.  “We are aware of the problems of refoulement," Deputy Prime Minister Freeland said, referring to the forcible return of refugees to countries where they might face violence or persecution. "And it was and continues to be important for Canada to have assurances that that would not happen to people returning to the United States. (CBC News, “Canada 'urgently' discussing asylum seeker deportation issue with U.S.” (1 April 2020)).  Civil society is campaigning against the new policy both as bad practice (eg. not accomplishing its stated goal) and contrary to Canadian law.

Canada’s Immigration and Refugee Board has suspended all refugee status determination hearings from March 17 to April 5 as a result of the pandemic. Detention review hearings will continue, with appropriate precautionary measure such as the greater use of telephone or video-conferencing. 

USA

On March 23rd, Canada, the USA and Mexico announced an agreement to close their borders:

“On Monday, the U.S. announced a 30-day agreement with both Canada and Mexico that includes immediately returning any migrants without legal status to the countries from which they arrived, or to their countries of origin if that isn't possible, rather than holding them at U.S. facilities. (National Post, “Asylum-seekers turned back by Canada at its border will be shipped home, U.S. says” (26 March 2020).

The indefinite closure of its northern and southern borders was unprecedented and based upon the construction of asylum seekers (amongst others) as “threats to public health”:

In perhaps one of the administration’s starkest actions, it also effectively ended asylum at U.S. land borders by invoking the power given (originally) to the Surgeon General in 1944 (now residing in the Secretary of Health and Human Services) to block the entry of foreign nationals as “required in the interest of the public health”. As a result, asylum seekers and other migrants are being pushed back into Mexico or returned to their countries. Working with the Canadian and Mexican governments, the United States has closed its northern and southern borders to nonessential travel—the first time such action has been taken.” (Muzaffar Chishti and Sarah Pierce, ”Crisis within a Crisis: Immigration in the United States in a Time of COVID-19” (Migration Policy Institute, 26 March 2020).

An irony of the border closure is that it is now preventing large numbers of asylum seekers who had been waiting in Mexico under the “Migrant Protection Protocols (MPP)” programme (also  known as “Remain in Mexico” programme) from entering the US and trapping them in “unhygienic camps and shelters in Mexican border cities where they are at heightened risk of contracting the COVID-19 virus.”  Civil society in the US is challenging the new policy as both based on “unsubstantiated allegations” (concerning the likelihood of asylum seekers being carriers of COVID-19) and a disproportionate response (given the availability of parole into the US where >90% of asylum seekers have family or community support).

U.S. Citizenship and Immigration Services (USCIS) has temporarily suspended all in person-services at its field offices, asylum offices and Application Support Centers (from March 18th, initially, until at least May 1st).   In contrast, the US immigration court system has not significantly changed its practices as a result of the pandemic (despite issuing new guidance on March 24th).  Reports are that it was “business as usual”, including continuing to require in-person attendance and hearings (including for children).
At least one employee at a detention facility has tested positive for COVID-19, raising fears of the pandemic spreading amongst those subject to immigration detention.  Before the current pandemic, there were already concerns about other outbreaks of flu, lice, chicken pox and scabies in detention facilities.  Various State authorities have begun to release (criminal) detainees and the 9th circuit has ordered the release of at least one migrant in detention sua sponte “"in light of the rapidly escalating public health crisis, which public health authorities predict will especially impact immigration detention centers"

Latin America and the Caribbean

 

Mexico

The closure of Mexico’s border with the US is increasing the number of asylum seekers in Mexico.  Asylum seekers and migrants in Mexico are facing deteriorating conditions both in overcrowded informal camps and detention facilities.  


On 1 April 2002, it was reported that “a Guatemalan migrant died and 14 others were taken to hospital after a riot broke out in a detention center in southern Mexico, authorities said on Wednesday, as tensions rise in such facilities due to the spread of the coronavirus.” (“Migrant Dies in Riot in Mexican Detention Center Amid Coronavirus Fears” (Reuters, 1 April 2020).