KEBIJAKAN ZERO TOLERANCE AMERIKA SERIKAT DI ERA DONALD TRUMP : PERSPEKTIF HUKUM INTERNASIONAL

Abstrak

Trump administration had a “zero-tolerance” policy that calls for the criminal prosecution of all individuals who cross the U.S.-Mexico border illegally, including asylum seekers and those with minor children. Under the policy, federal authorities detained asylum seekers and immigrants and separated children from parents or guardians with whom they had entered the country  illegally. The U.S. is party to the Refugee Convention and Protocol, which governs the treatment of refugees and asylum seekers. In light of given facts,  this research aims to determine the status of the Zero Tolerance Policy and the obligations of the United States towards asylum seekers based on international law and international human rights law. This research is a literature-based normative study that places a strong emphasis on conducting extensive literature review as its main priority. The findings of this research conclude that US’ zero tolerance policy is inconsistent with US’ obligations towards asylum seekers under Article 31(1) : Non- Penalization on Account of Illegal Entry or Presence and Article 33 (1) : Non-refoulement principle of the 1951 Refugee Convention. This policy violates fundamental principles of international human rights in the way it treats asylum seekers and immigrants, including children rights, rights to liberty, right to be free from torture and other ill-treatment, and right to life.