Commentary: Fractured Families: US Asylum Backlog Divides Parents and Children Worldwide

Abstract

This commentary focuses on the detrimental effects of the US asylum backlog on families around the world. It puts a spotlight on the backlog of the 82,175 individuals who are currently (as of March 2015) waiting to have their asylum cases heard. These individuals fleeing torture, political persecution, or persecution due to their race, religion, ethnicity, or membership in a particular social group are especially vulnerable. We identify the essential human rights of asylum seekers who are children and their family members, including the right to seek asylum, the right of family members to be protected from harm, and the right to family life, family unity, and reunification. Throughout, the principle of what is in the best interest of the child is highlighted. Using the example of how resources have been shifted to process the cases of Central American families crossing the US southern border, the authors question the effectiveness of a crisis-focused US immigration policy. We call for broad immigration reform in the USA with resulting policies that do not focus on the needs and rights of one group of vulnerable children at the expense of another. Thus, we call for an immigration policy that puts the rights of all children at its center.