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Culture War Roundup for the week of October 14, 2024

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as they're not trying to enter legally via the border crossing, but run through the woods to cross illegally, without getting involved in the asylum process?

Ideally, people could just apply for asylum in EU embassies worldwide, and would be sheltered in there until their claim is processed, with a plane ticket to EU for anyone whose application has been granted. In that case, entering illegally would be frowned upon.

Realistically, we don't do that because it would make it too easy to apply for asylum. Most asylum seekers can not simply board a plane to EU and make their request at the passport control, because we explicitly penalize airlines who transport such passengers. I am quite sure that if the migrants under discussion were walking to a border station on the Polish/Belarusian border and made their request for asylum there, they would not be let on EU soil.

If we close all legal pathways to the EU, and also say that people who have entered the EU illegally do not have a right to claim asylum, then we have de facto abolished asylum in the EU.

@MadMonzer referred to article 31 of the 1951 refugee convention:

  1. The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article i, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence. [...]

Granted, making the case that your life was in danger due to your protected status in Belarus will be a hard case to make, but it is not impossible.