deportation of a Haitian migrant family, without considering that they were asylum seekers, the National Human Rights Commission (CNDH) directed Recommendation 80/2021 to the commissioner of the National Migration Institute (INM), Francisco Garduño Yáñez.
The CNDH stated that the case stems from a complaint filed by the Fray Matías de Córdova Human Rights Center, in which it reported that on July 21, 2019, a Haitian woman, along with her husband and son, was detained by INM personnel on the Ciudad Hidalgo-Tapachula highway in Chiapas. They were then transferred to the Siglo XXI Immigration Station, where they requested refugee status. Later, on August 16 of that year, they were granted release from that facility as an alternative to detention.
However, on January 8, 2020, the victims were detained by Immigration officials, "since their refugee status application certificate, issued by the Mexican Commission for Refugee Assistance (COMAR), had expired. They were then transferred to the Immigration Station located in Acayucan, Veracruz , and subsequently interned again at the Siglo XXI Immigration Station, before being deported to their country of origin."
The National Commission indicated that after investigating the case, it found violations of the human rights to legal security and legality, the principle of non-refoulement, as well as the best interests of children, by verifying that immigration authorities failed to correctly and promptly evaluate applications for refugee status and the risk faced by migrants, in addition to failing to respect minimum guarantees for them to have access to due process that would provide them with legal security .
