The International Human Rights Clinic of Seattle University School of Law and Kino Border Initiative have published a new report, Fleeing Terror in Southern Mexico: Why Numerous Guerrero Refugees Qualify for Asylum.
“This report will be an essential resource for Guerrero asylum seekers, as well as for the United States government officials and judges assessing their cases,” states Pedro De Velasco, Director of Education and Advocacy at KBI. “The report clearly shows that Guerrero refugees, under various scenarios, qualify for asylum in the US.”
The Human Rights Clinic and KBI interviewed, in both the United States and Mexico, over 25 refugees from Guerrero, Mexico, human rights experts on Mexico, and the Honorable Nestora Salgado, the national senator from Guerrero. They also conducted extensive factual and legal research into the current situation in Southern Mexico, and draw upon more than 15 years of experience working in the region.
The report concludes that numerous refugees from Guerrero should qualify for asylum under U.S. law. The findings and analysis are summarized as follows:
- Powerful criminal organizations have caused chaos in the state of Guerrero, Mexico, and have inflicted tremendous violence. Guerrero residents have been constant victims of brutal killings, torture, aggravated rape, kidnappings, assault, forced displacement, economic crimes, and deep psychological trauma.
- The concept of a “particular social group” (PSG) is central to U.S. asylum law, allowing individuals to seek protection based on their membership in a group with common, immutable characteristics. In Guerrero, there are numerous potential PSG, including but not limited to: indigenous and Afro-Mexican persons, women, LGBTQ+ individuals, students, business owners, transportation workers, human rights defenders, journalists, political leaders, and other victims and witnesses of certain crimes. Recognizing these groups is crucial to ensure that they receive the full protection they are entitled to under international and U.S. asylum law.
- Sixteen criminal organizations have terrorized Guerrero, a strategic hub for drug trafficking in Mexico. In addition, State actors—including soldiers, police, and government officials—are responsible for human rights violations by actively taking part in killings and disappearances, colluding with criminal groups, and blocking accountability for their own abuses and the crimes of cartels.
- Government officials in Guerrero have shown they are unwilling or unable to protect victims of violence, deter rampant crime or provide accountability for these widespread illegal acts. With impunity levels sky high, Guerrero residents justifiably cannot trust the government to act independently from organized crime, to ensure their safety or to remedy human rights violations.
- The national reach of organized crime in Mexico is well documented. When Guerrero residents seek safety in other parts of the country, the strategy often proves tragically ineffective. Criminal groups have extensive networks and sophisticated methods that allow them to find and kill targets across Mexico.
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