US Border Externalisation Through Funding: Implications for the Right to Seek Asylum and Refugee Protection in the United States

Abstract

In recent years, the United States has expanded its border externalisation efforts to prevent migrants from making their way north through Central America and Mexico. The resources the United States has funneled to the region to outsource migration control include funding and use of new technologies. These efforts reflect a pattern of exclusion and securitization of the border, often in tension with the right to seek asylum and non-refoulement obligations under both US and international law. This article will explore the main drivers behind funding for border externalisation and the competing protections in US and international law intended to safeguard asylum seekers. The article highlights how funding decisions focused on preventing migrants from reaching the United States—without adequate consideration of obligations to protect refugees—raise serious questions under international law.