Los Angeles Times

Guatemala can’t offer safe haven to asylum seekers

- Cecilia Menjívar is a professor of sociology at UCLA. M. Gabriela Torres is professor and chair of the anthropolo­gy department at Wheaton College in Norton, Mass. Additional research was provided by Tova Walsh, an assistant professor of social work at th

Last week, a planned visit of Guatemalan President Jimmy Morales to the White House was canceled after the Guatemalan Constituti­onal Court threw up a roadblock to the deal the two presidents planned to discuss. President Trump was seeking a “safe third country” agreement, which would have required asylum seekers fleeing other Central American countries to make their applicatio­ns in Guatemala instead of at the U.S. border.

But even without the agreement, President Trump has moved ahead to make Guatemala a key part of U.S. immigratio­n policy, issuing a new rule that would deny nearly all Central Americans the right to apply for protection at the U.S. southern border unless they have been denied asylum in Guatemala or Mexico.

The new rule rests on the same false assumption as the agreement Trump sought from Morales: that Guatemala, with one of the highest rates of violent deaths in the world, can protect people fleeing violence in El Salvador and Honduras.

Guatemala is far from a safe haven. Violent crime, institutio­nal corruption and domestic abuse are epidemic. The country has the world’s third-highest rate of femicide — and those who kill women usually get away with it.

We have spent decades studying state violence and gender violence in Guatemala, examining the role of sexual violence in the massacres of indigenous Guatemalan­s and the legal and judicial failures that sustain gender-based violence. Last year, we provided an expert declaratio­n describing conditions in Guatemala in support of a federal lawsuit challengin­g the Trump administra­tion’s gutting of asylum protection­s for immigrants fleeing domestic violence and gang violence. Thankfully, the court upheld the essential right to seek asylum on the basis of gender-based persecutio­n and gang violence. But with the administra­tion’s new rule, those rights are again in question.

Guatemala’s troubles stem from its 30-year civil war, which devastated the country’s civic institutio­ns. A long history of U.S. military, economic and political interventi­on in the region contribute­d to the problems.

During the civil war, indigenous Mayan peoples were massacred by the military and entire communitie­s were destroyed. When the conflict ended, the country dissolved into lawlessnes­s. The Guatemalan government retreated, leaving a void of authority that was quickly filled by organized crime groups, both large and small.

These days, more than 70 gangs, or control much of the country’s territory, and they generate their livelihood through extortion, bribery, murder and rape. In fact, “post-conflict” Guatemala is far more violent than at any time during its 30-year armed conflict.

Criminal organizati­ons have been able to gain such control in part because they have compromise­d numerous government officials and state institutio­ns. Political parties and public officials receive significan­t funding from the crime groups. Yet this is a place that the U.S. asserts is safe for those seeking refuge.

Until recently, U.S. law recognized that people f leeing persecutio­n at home possess a legitimate right to seek asylum in the United States. They are not guaranteed asylum, of course, but they have the right to apply for it. Today, the Trump administra­tion is working actively to weaken, if not eliminate entirely, legal and ethical commitment­s that have evolved over decades.

Two lawsuits were filed recently to challenge the new asylum rule, which opponents say violates domestic and internatio­nal law. On Wednesday, a Washington judge refused to immediatel­y halt the action. A San Francisco judge, however, granted an injunction against the rule. We strongly hope that the courts ultimately exercise their responsibi­lity to permanentl­y halt the administra­tion’s irresponsi­ble rule.

Trying to wish Guatemala into a place where endangered families can safely seek asylum denies an essential reality: A country that cannot guarantee safety to its own citizens cannot guarantee it for others seeking protection. And a country that

can offer safety to those fleeing persecutio­n at home, must not shirk its responsibi­lity to do so.

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