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I. The Significance of Communication Problems Within U.S. Asylum Procedures
A.An Introduction to the Communication Problem
In 2005, a Guatemalan woman approached U.S. Customs and Border Protection ("CBP") agents seeking asylum.1 She had fled her home country because she feared for her safety.2 However, after CBP agents interviewed her in Spanish, they detained her for twenty days and then returned her to Guatemala.3 In 2015, she returned to the United States, passed a credible fear interview, and was eligible for withholding of removal.4 So what went wrong the first time? She was not able to speak Spanish.5 The woman was unable to communicate her fear to the CBP agents because she was an indigenous Guatemalan who only spoke Akateco and the agents never asked for the details of her escape in her native language.6 The consequences of this seemingly simple miscommunication were grave for this Guatemalan woman since her prior removal order made her ineligible for asylum.7 Instead, she was only eligible for the limited relief known as withholding of removal, which allowed her to remain in the United States, but left her unable to adjust her legal status and obtain the same rights as a citizen.8
Unfortunately, this Guatemalan woman is not alone. Many asylum seekers reach the U.S.-Mexico border and encounter similar miscommunication issues.9 As a world leader, the United States is in a particularly powerful position to demonstrate dedication to the rule of law and respect for asylumseekers. Yet, what is lost in much of the rhetoric surrounding the hot-button issue of current border policies is that the United States can, and should, do a better job of meeting its legal obligations. For instance, under international law, domestic law, and U.S. regulations, the United States is required to determine whether asylum-seekers have credible fears which would prevent the U.S. government from sending them home, to prevent discriminatory practices within its agencies, and to maintain a certain standard of care for those in U.S. agencies' custody.10 Despite the efforts of the U.S. Department of Homeland Security ("DHS") to remedy communication problems and meet these goals, many of the current practices employed by CBP and DHS are 3 Id.
inadequate, leading to a need for new solutions.11 Accordingly, this Note will first explore what...