A/HRC/50/31 resumed in 2021 under the Biden administration, despite repeated objections by the medical experts of the Centers for Disease Control and Prevention, the national public health agency of the United States.63 Under Title 42, expulsions are reportedly being carried out over the land border to Mexico, and by deportation flights to Brazil, Colombia, El Salvador, Guatemala, Haiti and Honduras.64 Expulsions are also carried out in conjunction with other border governance measures: the reinstated Migrant Protection Protocols, also known as the “Remain in Mexico” policy, 65 and the practice of “metering” or limiting the number of asylum seekers processed at official border ports of entry regardless of their protection needs. 66 These measures reportedly disproportionately impact non-white asylum seekers apprehended,67 and have led to family separation, as parents and caretakers are forced to choose between putting their children at risk in dangerous and inadequate conditions in Mexico or sending them unaccompanied to the United States to seek protection.68 42. Promising developments have been reported, such as the recent announcement by the United States in support of the Global Compact for Migration, which would entail the revision and replacement of current border governance policies, which have a severely negative impact on the enjoyment of human rights of migrants, with ones that are in line with the country’s obligations under international law.69 In particular, the Special Rapporteur urges the implementation of the announcement by the Director of the Centers for Disease Control and Prevention that Title 42 expulsions would stop by 23 May 2022.70 43. In November 2021, Canada ended the prohibition on entry between regular border crossing points for the purposes of claiming asylum. Irregularly entering people who were previously directed back to the United States have since been allowed to return to Canada and submit applications.71 44. In Mexico, the overwhelming majority of returned migrants have remained without adequate access to legal aid, and to safe and dignified accommodation, health care, employment and education.72 They have faced widespread immigration detention as well as “chain refoulement” 73 to Guatemala, regardless of their nationality, by law enforcement authorities (the National Guard) and transport providers. 74 Additionally, the National Institute of Immigration has reportedly prevented the entry of tens of thousands of migrants at the country’s airports.75 45. In Chile, the closure of land border crossings has been repeatedly prolonged and was still in force as of March 2022. The presidential orders forming the basis of the closure do not provide for exceptions on humanitarian grounds or to seek protection in the country. The closure of land border crossings has also resulted in the irregular entry of thousands of Venezuelan and other migrants through more perilous passes. Reportedly, over 20 people have lost their life while crossing the border since January 2021 alone.76 Additionally, Law 63 64 65 66 67 68 69 70 71 72 73 74 75 76 10 See submission by Human Rights First. See submission by University of Pennsylvania Carey Law School. The current iteration of the Migrant Protection Protocols includes all asylum seekers from the Western Hemisphere, instead of just including asylum seekers from Spanish-speaking countries, which makes the group subject to the policy much larger. See submission by the United Nations Children’s Fund (UNICEF). A/HRC/47/30, paras. 69–70. See submission by University of Pennsylvania Carey Law School. See submissions by Loyola University Chicago School of Law and University of Pennsylvania Carey Law School. See also the submission by Human Rights First; the organization has tracked and recorded publicly available information in relation to over 8,705 reports of kidnappings and other violent attacks against migrants and asylum seekers blocked from entering or expelled to Mexico by the United States. See statement by Michelle Bachelet of 7 March 2022. See https://www.cdc.gov/media/releases/2022/s0401-title-42.html. See submission by Canada. See Franciscans International, submission No. 3. “Chain refoulement” is the removal of persons to third countries in which they would be at risk of refoulement. See submission by Comisión Mexicana de Defensa y Promoción de los Derechos Humanos (Mexican Commission for the Defence and Promotion of Human Rights). See submission by Sin Fronteras. See submission by Movimiento Acción Migrante and Observatorio Ciudadano.