Fleeing the Drug War Next Door: Drug-related Violence as a Basis for Refugee Protection for Mexican Asylum-Seekers

The death toll in Mexico due to drug-related violence has continued to rise since President Felipe Calderón 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...

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Main Author: Holly Buchanan
Format: Article
Language:English
Published: Ubiquity Press 2011-02-01
Series:Utrecht Journal of International and European Law
Subjects:
Online Access:http://www.utrechtjournal.org/article/view/9
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author Holly Buchanan
author_facet Holly Buchanan
author_sort Holly Buchanan
collection DOAJ
description The death toll in Mexico due to drug-related violence has continued to rise since President Felipe Calderón 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.
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spelling doaj.art-8caaa05b79da45eaa9000510c3cd1def2022-12-21T18:15:25ZengUbiquity PressUtrecht Journal of International and European Law2053-53412011-02-012772286010.5334/ujiel.ai9Fleeing the Drug War Next Door: Drug-related Violence as a Basis for Refugee Protection for Mexican Asylum-SeekersHolly BuchananThe death toll in Mexico due to drug-related violence has continued to rise since President Felipe Calderón 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.http://www.utrechtjournal.org/article/view/9RefugeeAsylum-seekerImmigrationAsylumNon-refoulementDrug TraffickingMexicoCorruptionDrug-related Violence
spellingShingle Holly Buchanan
Fleeing the Drug War Next Door: Drug-related Violence as a Basis for Refugee Protection for Mexican Asylum-Seekers
Utrecht Journal of International and European Law
Refugee
Asylum-seeker
Immigration
Asylum
Non-refoulement
Drug Trafficking
Mexico
Corruption
Drug-related Violence
title Fleeing the Drug War Next Door: Drug-related Violence as a Basis for Refugee Protection for Mexican Asylum-Seekers
title_full Fleeing the Drug War Next Door: Drug-related Violence as a Basis for Refugee Protection for Mexican Asylum-Seekers
title_fullStr Fleeing the Drug War Next Door: Drug-related Violence as a Basis for Refugee Protection for Mexican Asylum-Seekers
title_full_unstemmed Fleeing the Drug War Next Door: Drug-related Violence as a Basis for Refugee Protection for Mexican Asylum-Seekers
title_short Fleeing the Drug War Next Door: Drug-related Violence as a Basis for Refugee Protection for Mexican Asylum-Seekers
title_sort fleeing the drug war next door drug related violence as a basis for refugee protection for mexican asylum seekers
topic Refugee
Asylum-seeker
Immigration
Asylum
Non-refoulement
Drug Trafficking
Mexico
Corruption
Drug-related Violence
url http://www.utrechtjournal.org/article/view/9
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