México como tercer país ¿seguro? Instrumentalización del derecho de asilo

This paper aims to argue that the United States has instrumentalized the right to asylum by converting Mexico into a “third ‘safe’ country” to divert Central American asylum seekers to Mexican territory and evade its international protection obligations. The methodological design is deductive, that is, such theorization was reached through documentary sources. Even with the limitations of the method, the paper is innovative because it analyzes migration management from critical legal studies and legal biopolitics by approaching securitization of migration through a genealogy of the discourses used by the United States to externalize its borders to Mexico, which have as their most recent strategy the “third ‘safe’ country” agreement. The consequences are the distortion of the right to asylum by removing its main protection: the non-refoulement principle and, in consequence, to let die Central American people fleeing from persecution and death geographies.