BY : PRAGATI GOYAL
In 1980, due to civil war in Salvador, lead to economic and political problems which lead to migration of about 20% to 30% population in search of asylum. Gang warfare made El Salvador one of the dangerous countries in the world which also contributed to the sudden movement of Salvadorans immigrants seeking asylum in 2000s and the first four years in the 2010. By 2008, there were about 1.1 million Salvadorans immigrants in the United States. The people in US were living under TPS (Temporary Protected Status), under this status, people of foreign states can be helped from countries entangled in wars or facing natural disasters. And according to this, thousands of Salvadorans were allowed to stay in the US following earthquakes in 2001 this program protect them from deporting who are already residing the boundaries of US including those who entered illegally. Trump administration extended the validity of TPS till 4 January, 2021 but in 2018 the decision was reversed and this was come to an end.
READ ALSO : TORT AFFECTING DEFAMATION.
US deported the asylum seekers to El Salvador and lead the Salvadorans to struggle in their homeland. According HR report around 1.2 million people were living in US and in which only one third were recognized as permanent residents and the rest two third were not due to lack of papers required and other mandatory details. Between 2014-18 US deported around 2,13,000 Salvadorans to El Salvador and many people were killed when they deported from US, it is the responsibility of US to observe the conditions of those people but it is violating its responsibility. By the investigation of HR department they found 138 people were killed since 2013 after their deportment. The number is not exact because it was based on the negotiation with the victims and the report believes that the number is more than the collected figures. This is due to they fear to file the cases as they were sexually assaulted, physically and mentally tortured by the gangs. A case was mentioned, In 2014, when she was 20, Angelina N. fled abuse at the hands of Jaime M., the father of her 4-year-old daughter, a male gang member who harassed her repeatedly. US authorities allowed her at the border trying to enter the US and deported her that same year. Once back in El Salvador, she was at home in October 2014, when Mateo resumed pursuing and threatening her. Angelina told that she was forced to have sex with him as he pointed her gun and the she was raped three times. He told her that he was going to kill her father and daughter if she reported the rapes, because she was ‘his woman.’ He hit her and told that “he wanted her all to himself.”
Question of Law:
It is the responsibility of US, government, UN agency, or non-governmental organization systematically monitored what happen to deported persons by sending them back in El Salvador but they all violated their duty. And El Salvador should take care of the security for its people who are residing there. The question arise that each and every person has right to live in safe conditions and it is the duty of the state for the security of the people in which they are residing. The question arises that El Salvador has no such provision for the security of Salvadorans in fact the criminals are doing their illegitimate practices openly. The people who are in the majority who speak Spanish are not even safe so how can we expect that they will protect the minority too and what would happen to the families who separated with their relatives who born in US and are the US citizens.
As it can be consider as legitimate to deport the people who are entered illegally in the boundaries of US to the very extent but it is their responsibility too to take care for the security of the deportees and there should be provisions for criminal acts performed by the gangs in El Salvador. But here we can conclude by observing the HR report that the major accountability for the murder of deportees is totally for the US.