Unaccompanied children fleeing Central American violence and poverty have been streaming across the U.S.-Mexico border for three years. Almost 12,500 have applied to stay. The White House has said that most who seek asylum won’t qualify for it, while the UN and immigrant-rights advocates say more than half have valid claims. Globally, the largest number of asylum seekers come from war-torn Syria, straining the infrastructure and patience of Lebanon, Jordan and Turkey. Tens of thousands of Iraqis, including Christians fleeing forced conversion to Islam, have found refuge in France and the U.S. The number of asylum claims made by gay, bisexual and transgender people has increased in recent years, along with criticism of how governments require applicants to prove their sexual orientation. One person’s refugee can be another’s wanted man. Think of Edward Snowden, the former CIA system administrator who was granted asylum by Russia after revealing details of classified U.S. government surveillance programs, and Julian Assange, the founder of Wikileaks, who was given asylum in 2012 by the Ecuadorian Embassy in London.
The UN says the concept of asylum is one of the “earliest hallmarks of civilization,” citing references to it in 3,500-year-old texts. The word comes from the ancient Greek term for freedom from seizure. The 1951 UN Convention relating to the status of refugees and its 1967 Protocol are the modern legal framework for asylum, defining refugees as people who can show they’ll be persecuted at home based on race, religion, nationality, political conviction or social group. Claims have been rising; 44 industrialized nations surveyed in 2013 registered 612,700 new asylum applications from 200 countries or territories, 28 percent more than the year before and the second-highest level in 20 years. In 2012, 261,900 asylum applications were accepted and 438,000 rejected. The U.S. recognized the most at 25,300. Asylum has been used as a political tool, as when Americans welcomed Cubans and Vietnamese seeking refuge from Communism. Individuals have used it to avoid or delay criminal prosecution. Examples include Snowden, Assange and Charles Taylor, the former Liberian president indicted for war crimes, who was given temporary refuge by Nigeria. Asylum seekers are often held in detention centers or refugee camps. Rejected asylum seekers in the Netherlands have taken to living in an Amsterdam parking lot dubbed the “refugee garage.”
More flight from violence means more polarized debate over asylum. Asylum seekers are encountering more hostility and more migrants’ lives are in limbo. Advocates say the universal obligation to protect the vulnerable should be extended to people fleeing danger, not just those exposed to official persecution. They cite the Central American children heading for the U.S. to escape gangs and some of the world’s highest murder rates. Others say asylum policy has grown too lax and threatens to supplant the regular immigration process. The rate at which asylum seekers’ claims are accepted varies widely. Critics of the U.S. say its asylum judgments are so arbitrary they amount to “refugee roulette.” Some European countries have cut welfare to diminish the chance that assistance attracts asylum seekers. A cottage industry of sorts has grown to provide would-be seekers with compelling personal narratives that are exaggerated or false.
The Reference Shelf
- The office of the UN High Commissioner for Refugees helps evaluate asylum claims and publishes an annual report on asylum trends.
- The International Journal of Refugee Law offers free abstracts and paid access to full articles.
- A U.S. Congressional Research Service report discusses asylum and immigration policy.
- An overview of asylum and the rights of refugees from the International Justice Resource Center.