Fragilização da proteção internacional: a política migratória norte-americana sob Donald Trump à luz do princípio do non-refoulement

Abstract

This study aims to analyze the migration policies implemented by Donald Trump’s administrations, with an emphasis on the first term and the initial developments of the second term, which began in 2025, in light of the non-refoulement principle, a cornerstone of International Refugee Law. Using a qualitative and descriptive methodology, and deductive approach, based on bibliographic and documentary research, the work examines measures such as the Migrant Protection Protocols, “safe third country” agreements, and the application of Title 42, highlighting their impact on asylum seekers, particularly those from Mexico and the Northern Triangle of Central America. The analysis shows how these policies, justified under the pretext of national security and public health, led to the return of migrants to territories where their lives or freedoms are at risk, in apparent violation of the international obligations assumed by the United States. Furthermore, the research explores the historical and ideological construction of U.S. immigration policy and its connection to exclusionary and security-oriented practices. The study concludes that Trump’s actions undermine the international refugee protection regime and represent a worrisome setback in the enforcement of human rights and jus cogens norms, potentially encouraging other States to adopt similar approaches.