Search

Begin New Search Topic Asylum Publication Year within 25 Years

1. Expanding Protection Options? Flexible Approaches to Status for Displaced Syrians, Venezuelans, and Ukrainians

Author:
Andrew Selee, Susan Fratzke, Samuel Davidoff-Gore, and Luisa Feline Freier
Publication Date:
01-2024
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
Faced with displacement crises that have stretched asylum systems to their limits, countries have increasingly begun to use alternatives to traditional protection tools to provide displaced individuals with legal status and access to certain rights and forms of assistance. Often, the status offered is temporary and does not rely on adjudication of individual cases. While such approaches are not completely new, they have gained prominence through national responses to three of the largest displacement crises of the post-World War II era: displacement from Syria, Venezuela, and Ukraine. The principal host governments in these three crises—Turkey, various South American countries, and EU Member States—chose to provide legal status to millions of protection seekers by using existing immigration policies or new temporary statuses, rather than refugee or asylum systems. This report—part of the Beyond Territorial Asylum: Making Protection Work in a Bordered World initiative led by MPI and the Robert Bosch Stiftung—examines each of these three cases, identifying similarities in the approaches taken to offering protection while recognizing the differences between the cases. The study explores the factors underpinning government decisions and their medium- to long-term implications, concluding with thoughts on what can be learned for future international displacement crises.
Topic:
Governance, Refugees, Displacement, Asylum, Integration, and Protection
Political Geography:
Ukraine, Syria, and Venezuela

2. The Mobility Key: Realizing the Potential of Refugee Travel Documents

Author:
Samuel Davidoff-Gore
Publication Date:
02-2024
Content Type:
Policy Brief
Institution:
Migration Policy Institute (MPI)
Abstract:
Governments are increasingly experimenting with new mobility pathways for refugees, beyond traditional resettlement operations. These include complementary pathways that connect refugees with work or study opportunities in a country other than the one in which they first sought safety—expanding their future prospects while easing pressure on top refugee-hosting countries. Refugees’ ability to take up these and other opportunities abroad depends to a significant extent on their access to the travel documents required to reach their destination. Yet refugees are generally unable to safely use the most common travel document: a passport issued by a person’s country of origin. This policy brief—part of the Beyond Territorial Asylum: Making Protection Work in a Bordered World initiative led by MPI and the Robert Bosch Stiftung—outlines the different types of travel documents that can facilitate refugees’ movement and key barriers to acquiring and using them. It also identifies steps that countries of asylum, transit, and destination, along with donors and international organizations, can take to overcome these challenges.
Topic:
International Cooperation, International Organization, Border Control, Refugees, Asylum, and Protection
Political Geography:
Global Focus

3. Seeking Safer Shells: An Analysis of Interpretations, Justifications, and Rationales Behind Decisions on North Korean Defectors’ Right to Asylum

Author:
Megumi Faith Mallari and Saleh Naas
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
Despite their known and indisputable need for protection, North Koreans often have their applications for asylum rejected. This paper outlines the differing interpretations of North Koreans’ right to asylum and investigates the rationales and justifications behind them through the case studies of the United Kingdom, the United States, Germany, France, the Netherlands, and China (PRC). The paper argues that the rationale of the European countries analyzed is based on their generally restrictive view on asylum, independent from their political positioning on the Democratic People's Republic of Korea (DPRK). Contrastingly, the rationales of the United States and the PRC are grounded in interests directly related to the Korean peninsula and Cold War narratives.
Topic:
Geopolitics, Asylum, and Refugee Policy
Political Geography:
China, United Kingdom, Asia, South Korea, North Korea, France, Germany, Netherlands, and United States of America

4. Migrant Death and Disappearability at Sea: Mediterranean Necropolitics as a European Strategy of Migration Deterrence

Author:
Bertille Motte
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
The Mediterranean Sea has become the deadliest passage in the world over the past decade, as thousands of migrants lose their lives at sea each year. It has become a key actant of European border violence perpetrated against migrants, as European national and supranational migration institutions instrumentalize the Mediterranean’s natural properties through necropolitical strategies of deterrence. The sea must be understood as a wet ontology and a fluid hybrid border. It is shaped by dynamic and complex interactions between human actors and more-than-human elements through which European violence is passed onto non-European migrants’ bodies. It conceals migrants’ deaths and disappearances, as they become ‘inevitable accidents’ caused by natural and untamable elements. The Mediterranean Sea therefore invisibilizes European structural violence occurring at the border zone and acts as an archive and witness to this violence.
Topic:
Migration, Border Control, Refugees, Violence, Deterrence, Asylum, Necropolitics, and Refugee Policy
Political Geography:
Europe and Mediterranean

5. EU migration policy and calls for the externalisation of asylum: Intensifying partnerships, exploring new models

Author:
Saila Heinikoski
Publication Date:
09-2024
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs (FIIA)
Abstract:
After years of negotiations, the EU has adopted the Pact on Migration and Asylum, and recently concluded migration partnerships with Tunisia, Mauritania and Egypt. While the Pact addresses internal migration rules within the Union, in practice the focus seems to be shifting towards the external dimension of migration. The security situation in Europe reinforces the need to build stronger partnerships. The aim is not to push the countries from which people most often migrate to Europe into partnerships with countries that may ally themselves against Europe, for example by instrumentalising migration. Even before the European Parliament elections, EU member states and political groups started to push the idea of transferring the asylum procedure to third countries. This was notably stated in a letter sent to the Commission in May 2024, signed by 15 member states. Examples of the externalisation of asylum procedures include the outsourced Rwanda model eventually abandoned by the UK, the offshoring model being implemented in Albania by Italy, and the proposed return hub model, whereby rejected asylum-seekers would be transferred to a third country if they cannot be directly returned to their countries of origin.
Topic:
European Union, Partnerships, Refugees, Asylum, Migration Policy, and Externalization
Political Geography:
Europe

6. Impeding Access to Asylum: Title 42 “Expulsions” and Migrant Deaths in Southern Arizona

Author:
Center for Migration Studies of New York
Publication Date:
09-2024
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
Immigration at the US-México border has drastically changed since the mid-2010s. Instead of adult undocumented Mexican men, generally migrating for economic purposes, there are now large numbers of men, women, unaccompanied minors, and families from diverse countries seeking asylum in the United States, as they are allowed to do under US and international law. In response to these changes, the US federal government leveraged multiple strategies to impede access to the country’s asylum system, including relying on Title 42 “expulsions.” Title 42, a COVID-19-era health measure, prevented migrants from initiating an asylum claim. Instead, asylum-seekers were typically immediately expelled to the closest port of entry in México. The use of public health as a pretext to control the border placed these migrants at risk and led many to attempt repeat border crossings. Given this policy context, we ask: what, if any, is the association between Title 42 expulsions and migrant deaths in southern Arizona? We address this question by drawing on records of recovered undocumented border crosser (UBC) remains investigated by the Pima County Office of the Medical Examiner (PCOME) in Tucson, Arizona. We examined differences in the number and demographic characteristics of UBC remains recovered between what prior studies have characterized as the “Localized Funnel Effect” Era of border enforcement in southern Arizona (i.e., October 1, 2013–March 19, 2020; N = 851), and the “Title 42” Era (i.e., March 20, 2021–September 30, 2023; N = 709). We also assessed how, if at all, the geography of recovered UBC remains shifted between these eras. We found that migrant deaths rose from an annual mean of 133 during the Localized Funnel Effect (LFE) Era to 198 in the Title 42 (T42) Era, representing a 48 percent increase. Compared to the earlier era, remains recovered during the T42 Era clustered closer to the border and near the cities of Nogales and Agua Prieta, Sonora, having shifted from west to east in southern Arizona. Additionally, we found that Title 42 disproportionately affected Mexican and Guatemalan nationals both in terms of expulsions as well as deaths. We propose several policy recommendations based on our study’s findings intended to reduce unnecessary suffering and increase human security: • The US federal government should not impede or limit migrants’ access to the asylum system. Policymakers should instead create clear pathways and procedures that obviate the need for migrants to undertake dangerous journeys and overcome barriers to fair consideration of their claims. • The US government must expand its ability to address these claims, as continued attempts to block asylum seekers will result in additional loss of life and increased violence. It should increase its capacity to screen asylum seekers at the US-México border. We propose an increase in USCIS Asylum Officers to carry out this duty. US Customs and Border Protection agents should not screen asylum seekers, nor should they assume the responsibility of serving as asylum officers, given the agency’s extensively documented record of persistently dehumanizing and mistreating migrants. • The US federal government must take measures to eliminate the backlog of asylum cases in the immigration courts. These measures need to include reforms in the underlying immigration system and in the removal adjudication system, such as greater access to legal counsel and changes to the law that offer legal pathways to imperiled migrants who do not meet the narrow definition of asylum. Absent these reforms, the asylum case backlog will grow, and many asylum seekers with strong claims to remain will be removed after living for years in the United States.
Topic:
Migration, Borders, Asylum, and Irregular Migration
Political Geography:
North America, Arizona, and United States of America

7. What Will It Take to Eliminate the Immigration Court Backlog? Assessing “Judge Team” Hiring Needs Based on Changed Conditions and the Need for Broader Reform

Author:
Donald Kerwin
Publication Date:
06-2024
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This paper examines the staffing needs of the US Department of Justice’s Executive Office for Immigration Review (EOIR), as it seeks to eliminate an immigration court backlog, which approached 2.5 million pending cases at the end of fiscal year (FY) 2023. A previous study by the Center for Migration Studies of New York (CMS) attributed the backlog to systemic, long-neglected problems in the broader US immigration system. This paper provides updated estimates of the number of immigration judges (IJs) and “judge teams” (IJ teams) needed to eliminate the backlog over ten and five years based on different case receipt and completion scenarios. It also introduces a data tool that will permit policymakers, administrators and researchers to make their own estimates of IJ team hiring needs based on changing case receipt and completion data. Finally, the paper outlines the pressing need for reform of the US immigration system, including a well-resourced, robust, and independent court system, particularly in light of record “encounters” of migrants at US borders in FY 2022 and 2023.
Topic:
Immigration, Courts, Borders, Asylum, and Department of Homeland Security
Political Geography:
North America and United States of America

8. Informe África 2024: El pacto migratorio y de asilo europeo

Author:
Fundación Alternativas
Publication Date:
04-2024
Content Type:
Special Report
Institution:
Fundación Alternativas
Abstract:
A las puertas de las las decisivas elecciones decisivas al Parlamento Europeo de junio de 2024, Europa mira hoy con miedo a la inmigración. La cuestión de la inmigración (más de 286.000 llegadas irregulares a Europa en 2023 según la OIM) se ha convertido en un asunto central para la política europea: en un instrumento para ganar o perder elecciones. El ascenso de partidos de ultraderecha o de corte nacional-populista en importantes países receptores de migrantes mayoritariamente de origen africano, como Italia (caso Lampedusa: 153.000 llegadas en 2023) o España (Canarias: 40.000), se debe en parte a una hábil explotación del miedo a este fenómeno. Gobiernos, administraciones, o medios de comunicación han ido construyendo discursos de una “Europa fortaleza” frente a África, que tienen éxito entre amplios sectores sociales, en especial las clases medias y trabajadoras de los países europeos, a pesar de que, según Naciones Unidas, solo alrededor de una cuarta parte de los africanos que emigran lo hacen a suelo europeo.
Topic:
Foreign Policy, Migration, Treaties and Agreements, European Union, and Asylum
Political Geography:
Africa and Europe

9. Managing International Protection Needs at Borders

Author:
Lucía Salgado, Susan Fratzke, Lawrence Huang, and Emma Dorst
Publication Date:
07-2024
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
National borders are one of the primary apertures through which publics perceive and judge migration trends and policy. Dysfunction at borders has implications that go well beyond national security, affecting commerce and trade as well as human mobility of various kinds. For asylum seekers, who generally must reach another country’s territory in order to seek protection, borders can represent the difference between danger and safety. As publics in many countries become increasingly vocal in their dissatisfaction with the management of their nation’s borders, policymakers face the difficult task of designing border systems that prevent the outbreak (or perception) of chaos, even as major displacement crises and the complexities of mixed humanitarian, economic, and family reunification migration strain outmoded infrastructure. This report—part of the Beyond Territorial Asylum: Making Protection Work in a Bordered World initiative led by MPI and the Robert Bosch Stiftung—examines the key elements of an effective and protection-sensitive border system. It begins with an overview of what makes border management challenging at the best of times, and particularly so amid acute displacement crises. It then explores the core features of border processes capable of responding to mixed migration while protecting the right to seek asylum, and what conditions need to be in place for these procedures to be successful.
Topic:
Migration, Borders, Asylum, Protection, and Irregular Migration
Political Geography:
Global Focus

10. The End of Asylum? Evolving the Protection System to Meet 21st Century Challenges

Author:
Susan Fratzke, Meghan Benton, Andrew Selee, Emma Dorst, and Samuel Davidoff-Gore
Publication Date:
07-2024
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
The international protection regime is under increasingly untenable pressure, and the obsolescence of the policy architecture on which it relies is becoming more and more apparent. The territorial asylum system, which requires asylum seekers to reach another country’s territory in order to seek protection, has proven itself to be a blunt tool with which to address the protection challenges of the 21st century. New crises, protracted displacement situations, and expanding norms about who merits protection have created a growing population of individuals in need of humanitarian protection. At the same time, other mobility pressures—including those rooted in demographic shifts, economic inequality, and climate change—have produced high levels of mixed migration, adding to the strain on border and asylum adjudication systems. This report, which concludes the Beyond Territorial Asylum: Making Protection Work in a Bordered World initiative led by MPI and the Robert Bosch Stiftung, sets out a vision for the ongoing evolution of the international protection system, with a focus on the future of asylum. It analyzes promising developments and best-in-class ideas around facilitating orderly entry, ensuring system efficiency, and building regional capacity, and how these elements could foster a system that is better at providing protection for those who need it and at securing public trust by reducing chaos at borders and within public systems that must manage migration.
Topic:
International Cooperation, Governance, Borders, Asylum, and Protection
Political Geography:
Global Focus