Prosecuting the Persecuted: How Operation Streamline and Expedited Removal Violate Article 31 of the Convention on the Status of Refugees and 1967 Protocol

Abstract

Article 31 of the Convention on the Status of Refugees (Convention) and 1967 Protocol (Protocol) prohibit party States from imposing criminal penalties on refugees for illegal entry or presence in the country to which they have fled. The United States, which ratified the 1967 Protocol, does just this under Operation Streamline, which prosecutes individuals who cross the U.S.-Mexico border without authorization. This prosecution not only subjects refugees to criminal penalties and jail time, but also bars refugees from eligibility to seek full asylum in the United States due to being removed after serving a federal sentence. Because Operation Streamline only operates on the Mexico-U.S. border, this procedure disproportionately affects asylum seekers from Latin American countries, especially Mexican citizens, who are often excluded from other refugee protections. This article argues that in order to conform with its obligations under the Convention, the United States should both reform Operation Streamline to strengthen detection of and protections for asylum seekers, and remove the barriers currently in place that prevent those removed under Expedited Removal from applying for asylum. In doing so, the United States will come closer to fulfilling its obligations under the Protocol and increase access to humanitarian relief for all individuals who should qualify.