Costa Rica Faces Criticism Over Treatment of Deported Migrants Under US Agreement
Human rights advocate raises concerns about the detention of nearly 200 deported individuals in Costa Rica.
Angie Cruickshank, the Ombudsman of Costa Rica, emphasized on Wednesday that the country must uphold its commitment to respect the rights of migrants regardless of political interests.
Her remarks came amid reports that the administration of President Rodrigo Chaves is detaining approximately 200 individuals deported by the previous US administration under Donald Trump without valid passports.
Cruickshank stated that the migration cooperation agreements made with the Trump administration systematically violate Costa Rica's obligations to the international community regarding the protection of individuals present within the nation, irrespective of their migratory status or nationality.
She pointed out that illegal entry into the country is considered an administrative infraction rather than a criminal offense.
Despite this, Costa Rica is reportedly treating these deportees as criminals due to their prior classification by US authorities, leading to the implementation of various measures that seem to prolong their detention based on actions taken in another country, which do not constitute a crime under Costa Rican law.
During her testimony before the Human Rights Commission of the Legislative Assembly, Cruickshank addressed the treatment of the detained migrants located in the canton of Corredores.
The government is working on repatriating these individuals to countries as distant as Afghanistan, Ghana, Kazakhstan, and the Democratic Republic of the Congo.
The migrants are currently housed in the Temporary Migrant Care Center (CATEM), situated near the Panamanian border.
The Costa Rican government has established a temporary retention period of 30 days while voluntary return arrangements are being processed.
Cruickshank also noted that the containment of these individuals in the CATEM resembles an administrative detention measure for migration control reasons, as it constitutes a limitation on their movement, potentially subjecting migrants to penalties if they attempt to leave the facility.
She expressed concerns regarding the lack of clarity in the procedures that would be applied should they choose to leave, emphasizing that no sanctions should exist since these individuals did not enter Costa Rica evading any migration controls but were forced to leave the United States and enter Costa Rica without any voluntariness in their transfer.
Furthermore, she expressed worry that, to date, the Chaves administration has not provided a protection alternative for migrants who have expressed fears or an inability to return to their home countries.
Costa Rica is obliged, under international agreements, to ensure that these individuals will not face cruel, inhuman, or degrading treatment upon their return.
Omer Badilla, the Director of Migration and Foreign Affairs, confirmed the withdrawal of passports from the deported migrants, citing security concerns.
He stated that if the individuals were allowed to leave the detention facility, they could become victims of criminal networks involved in human trafficking.
Badilla indicated that the government's priority is to ensure the safety of these migrants while facilitating their voluntary return to their respective countries.
In response to the criticisms, Alexander Barrantes, a member of the ruling Progressive Social Democratic Party (PPSD), rejected the allegations made by Cruickshank and suggested that she file formal complaints with the US Embassy in Costa Rica and other national authorities.
He claimed that the migrants were treated with dignity according to the agreements in place between Costa Rica and the United States.
Montserrat Ruiz, the president of the commission, requested Barrantes to provide the specific agreement as evidence.
Barrantes replied that the agreement had already been made public and was accessible to the legislative commission.
Ruiz queried Cruickshank regarding her knowledge of the document referenced by Barrantes, to which Cruickshank noted that there is a lack of information about the understanding reached with the United States.
She mentioned that the only available information is a resolution from the General Directorate of Migration and Foreign Affairs (DGME) published on February 18, which refers to a communication from Mauricio Claver-Carone, the US Special Envoy for Latin America, announcing the deportation of up to 200 individuals of various nationalities to Costa Rica.
The resolution authorizes Migration Police to issue a document allowing these foreigners to stay temporarily at the CATEM for a period of 30 days, which may be extendable under specific circumstances.
Her remarks came amid reports that the administration of President Rodrigo Chaves is detaining approximately 200 individuals deported by the previous US administration under Donald Trump without valid passports.
Cruickshank stated that the migration cooperation agreements made with the Trump administration systematically violate Costa Rica's obligations to the international community regarding the protection of individuals present within the nation, irrespective of their migratory status or nationality.
She pointed out that illegal entry into the country is considered an administrative infraction rather than a criminal offense.
Despite this, Costa Rica is reportedly treating these deportees as criminals due to their prior classification by US authorities, leading to the implementation of various measures that seem to prolong their detention based on actions taken in another country, which do not constitute a crime under Costa Rican law.
During her testimony before the Human Rights Commission of the Legislative Assembly, Cruickshank addressed the treatment of the detained migrants located in the canton of Corredores.
The government is working on repatriating these individuals to countries as distant as Afghanistan, Ghana, Kazakhstan, and the Democratic Republic of the Congo.
The migrants are currently housed in the Temporary Migrant Care Center (CATEM), situated near the Panamanian border.
The Costa Rican government has established a temporary retention period of 30 days while voluntary return arrangements are being processed.
Cruickshank also noted that the containment of these individuals in the CATEM resembles an administrative detention measure for migration control reasons, as it constitutes a limitation on their movement, potentially subjecting migrants to penalties if they attempt to leave the facility.
She expressed concerns regarding the lack of clarity in the procedures that would be applied should they choose to leave, emphasizing that no sanctions should exist since these individuals did not enter Costa Rica evading any migration controls but were forced to leave the United States and enter Costa Rica without any voluntariness in their transfer.
Furthermore, she expressed worry that, to date, the Chaves administration has not provided a protection alternative for migrants who have expressed fears or an inability to return to their home countries.
Costa Rica is obliged, under international agreements, to ensure that these individuals will not face cruel, inhuman, or degrading treatment upon their return.
Omer Badilla, the Director of Migration and Foreign Affairs, confirmed the withdrawal of passports from the deported migrants, citing security concerns.
He stated that if the individuals were allowed to leave the detention facility, they could become victims of criminal networks involved in human trafficking.
Badilla indicated that the government's priority is to ensure the safety of these migrants while facilitating their voluntary return to their respective countries.
In response to the criticisms, Alexander Barrantes, a member of the ruling Progressive Social Democratic Party (PPSD), rejected the allegations made by Cruickshank and suggested that she file formal complaints with the US Embassy in Costa Rica and other national authorities.
He claimed that the migrants were treated with dignity according to the agreements in place between Costa Rica and the United States.
Montserrat Ruiz, the president of the commission, requested Barrantes to provide the specific agreement as evidence.
Barrantes replied that the agreement had already been made public and was accessible to the legislative commission.
Ruiz queried Cruickshank regarding her knowledge of the document referenced by Barrantes, to which Cruickshank noted that there is a lack of information about the understanding reached with the United States.
She mentioned that the only available information is a resolution from the General Directorate of Migration and Foreign Affairs (DGME) published on February 18, which refers to a communication from Mauricio Claver-Carone, the US Special Envoy for Latin America, announcing the deportation of up to 200 individuals of various nationalities to Costa Rica.
The resolution authorizes Migration Police to issue a document allowing these foreigners to stay temporarily at the CATEM for a period of 30 days, which may be extendable under specific circumstances.
