Abstract
The death toll in Mexico due to drug-related violence has continued to rise since President Felipe Calderon initiated the Mexican Government's crackdown on drug trafficking organizations in 2006. Pervasive corruption among state and local government officials and alleged human rights violations by the Mexican military have added to the gravity of the endemic drug-related violence in Mexico. In response to the continuous violence in Mexico perpetrated by drug trafficking organiza- tions, a substantial number of Mexican citizens have fled to the United States seeking asylum. Due to the strict requirements for refugee status under international law and asylum protection under U.S. law, individuals seeking protection based on drug-related violence face several legal obstacles. This Article addresses the extent to which drug-related violence may con- stitute a basis for refugee status protection under international refugee law and U.S. asylum law. It seeks to provide insight into the potential viability of claims for refugee status brought by Mexican asylum-seekers fleeing drug-related violence. This Article concludes with a discussion on complementary protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment for Mexican asylum-seekers.
Highlights
Drug-related violence perpetrated by drug trafficking organizations against police officers, the Mexican military and the general population have become frighteningly common throughout Mexico.[1]
According to a 2009 Congressional Research Service Report for Congress, entitled Mexico’s Drug-Related Violence, the major drug trafficking organizations that currently control the market in Mexico are: Sinaloa Federation and cartel, Gulf cartel, Beltrán Leyva Organization, Arrellano Felix Organization/Tijuana cartel, Vicente Carrillo Fuentes Organization/Juárez cartel, and Los Zetas.[22]
Whether to expand the application of the 1951 Convention to individuals outside the scope of the refugee definition is left to the States Parties in their domestic implementation of the 1951 Convention and 1967 Protocol. Since this Article focuses on asylum-seekers from Mexico seeking protection in the U.S, U.S asylum case law will be discussed in order to analyze whether these asylum-seekers qualify for refugee status. 1951 Convention, supra note 9, art. 33(1)
Summary
Drug-related violence perpetrated by drug trafficking organizations against police officers, the Mexican military and the general population have become frighteningly common throughout Mexico.[1]. Part VI discusses the concept of internal flight or relocation alternative, which if applicable may bar refugee protection to Mexican asylum-seekers who are able to seek effective protection in a proposed area of relocation within Mexico This Article concludes with Part VII which proposes that complementary protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter “CAT”) may be a worthwhile alternative for Mexican citizens fleeing drug-related violence.[10]. These asylum applicants include, among others, lawyers, journalists, and businesspeople. Under international human rights law, the Convention on the Rights of the Child (CRC) and the International Covenant on Civil and Political Rights provide potential grounds
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