The Atlanta Journal-Constitution

President has anti-asylum allies

- — MAX FISHER AND AMANDA TAUB / THE NEW YORK TIMES

LONDON — President Donald Trump’s promise to stop a caravan of Central American migrants from reaching the U.S. border, if necessary through military force, might seem like just another effort by the president to unilateral­ly dismantle internatio­nal laws and accepted practices. But there is one important difference. In attacking the long accepted means of protecting refugees and upholding stability in times of mass displaceme­nt, he’s got company. Lots and lots of company.

There is no shortage of countries that also skirt, and therefore undermine, global refugee rules. The European Union and Australia are two of the biggest offenders. Peru and Ecuador are restrictin­g Venezuelan refugees, while Tanzania is working to push out Burundians.

Trump is selling his harsh treatment of asylum-seekers as deliberate. And even if he is not the first to breach the rules, he is contributi­ng to their breakdown in ways that could have global consequenc­es.

To consider how that would happen and what it would mean, it helps to understand the basics of asylum.

How asylum is meant to work

The basic principle is straightfo­rward. If you make it to the border of a foreign country, you have a right to request asylum. That country is obligated to hear and evaluate your claim. It cannot kick you out while it’s processing you — which can take months or years — or if you face a credible threat of persecutio­n at home. If the country finds you meet the definition of a refugee, it is obligated to shelter you. If you don’t, only then can it expel you.

These rights came out of World War II, which created huge numbers of refugees in Europe. The war’s victors spent much of the next decade setting up what became the internatio­nal order, enshrined in laws that regulate things like warfare or that establish universal rights.

Protection for refugees made the list because it was an urgent issue at the time and because it was seen as a way to uphold stability and basic rights amid any future humanitari­an crises.

And after the United States and others had turned away Jewish refugees during the Holocaust, the world felt compelled to promise “never again.”

What makes asylum one of the world’s strongest norms is that it is written into the domestic laws of many countries, including the United States. After all, asylum is administer­ed by domestic government­s and courts.

This means that a leader like Trump cannot simply defy his obligation­s by ignoring or abdicating the 1967 agreement, for that would mean breaking U.S. law.

But on the world stage there is no enforcemen­t mechanism. There is nothing to stop a country from repealing its asylum laws or, if the leader can get away with it, ignoring them.

Countries have generally complied with this norm because they want to be seen as responsibl­e actors or to avoid angering their neighbors or the United Nations. And even if countries might care little about refugees themselves, they know that they will benefit if everyone else complies.

Why system has been eroding

This system held up at least moderately well until the 1990s.

In retrospect, it has become clear that Western countries complied with refugee rules, and pushed other countries to do the same, less out of altruism than because of Cold War gamesmansh­ip.

In the first few decades after World War II, many refugees came out of the communist bloc. For Western leaders and their allies, accepting the refugees, along with those from noncommuni­st nations, was a way to position the West as morally and ideologica­lly superior.

After the Soviet Union collapsed in 1991, Western nations became less interested in championin­g refugees. They looked for ways to cut corners on their obligation­s.

That year, the U.S. Coast Guard began interdicti­ng boats of Haitians fleeing political turmoil at home. Rather then let the boats reach Florida, which would oblige the United States to grant the Haitians refugee protection­s, the Americans shipped many back to Haiti or diverted them for processing at the U.S. military base in Guantánamo Bay.

This practice may have violated the spirit of refugee protection­s, but the Supreme Court ruled in 1993, by an 8-1 vote supported by the Clinton administra­tion, that this complied with internatio­nal and domestic law.

This loophole — a country can avoid its responsibi­lities toward refugees by forcibly preventing them from reaching its borders — has since become common practice among Western countries.

Could asylum system break?

This is already happening as Western countries continue to hold out rights and protection­s, and push burdens onto poorer countries that are less likely or able to protect refugees.

Despite European and American hand-wringing over the arrival of Syrian refugees in their countries, for instance, the vast majority reside in Jordan, Turkey and Lebanon.

Knowing that Western powers will look the other way, those countries feel less compelled to grant full protection­s, preventing refugees from working or restrictin­g where they can live.

Or they might force refugees home before it is safe for them to return. And certainly they will prevent refugees from reaching European borders.

As a result what we have now isn’t a global refugee system so much as a loose network of occasional­ly observed norms.

The resurgence of populist and nationalis­t politics also bodes poorly. Us-vs-them movements, skeptical of internatio­nal agreements and immigratio­n, have little interest in asylum’s foundation­al concepts of global burden-sharing or universal rights.

If asylum rights were declining even in the era of sunny 1990s global liberalism, it is hard to imagine their doing better in the era of Trump, Viktor Orban and Vladimir Putin.

“It takes a long time to build these norms, especially when they restrict government actions,” Schwartz said. “It’s so much easier to take them down.”

If that happens, the consequenc­es will be most felt in places like Honduras, Myanmar, Jordan or Burundi, where millions displaced by war or persecutio­n will be without protection­s once promised by a world that had agreed “never again.”

 ?? TODD HEISLER/THE NEW YORK TIMES ?? Migrants carry flags of El Salvador, Mexico and Honduras as they make their way toward the U.S. as part of a caravan. Anyone making it to the border has a right to request asylum.
TODD HEISLER/THE NEW YORK TIMES Migrants carry flags of El Salvador, Mexico and Honduras as they make their way toward the U.S. as part of a caravan. Anyone making it to the border has a right to request asylum.

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