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PaperclipPerfector  1mo ago (text post)   28213 thread views

Culture War Roundup for the week of October 14, 2024

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The idea that refugees have to apply for asylum in the first safe country comes from a misreading of Article 31 of the Refugee Convention, which says that refugees can't be penalised for illegally entering a country if they are crossing from a dangerous country to the first safe country. But a refugee doesn't cease to be a refugee just because they illegally cross from one safe country to another - the second safe country can prosecute them for illegal immigration but this doesn't solve the problem that you can't (without violating the Refugee Convention) get rid of them without finding another safe country willing to take them.

My understanding is from the below link, which states (emphasis mine):

What is the Dublin Regulation? The Dublin Regulation determines which country is responsible for considering an application for protection. An asylum seeker can only have his or her application considered in one of the Dublin countries.

The main rule is that an application will be processed by the first Dublin country the asylum seeker comes to. If the asylum seeker applies for protection in another Dublin country, he or she will be sent back to the country that has already considered his/her application or that is responsible for considering the application.

https://www.udi.no/en/word-definitions/cooperation-under-the-dublin-regulation/#:~:text=The%20Dublin%20Regulation%20is%20an,the%20collaboration%20as%20Dublin%20countries.

Maybe I am misreading, so I encourage you to post on it.

Exactly - the Dublin regulation says that if an asylum seeker illegally moves from one EU country to another, then they can be returned and, critically, the EU country with primary responsibility is obliged to take them back. If a genuine refugee, they don't cease to be a refugee (the country with primary responsibility considers their application for asylum in the same way as if they hadn't crossed the second border), and they can't be sent back to a dangerous country. There is a similar arrangement between the US and Canada. There could probably be a similar arrangement between the US and Mexico if the US offered the Mexicans a large enough bribe - probably in the form of a large number of visas for Mexican citizens.

The reason why the US can't just deport every Salvadorean asylum seeker who entered through Mexico back to Mexico is that Mexico is a sovereign state and doesn't have to accept them. A huge part of the problem with modern-day refugee law is that every country with a lot of refugees inside its borders is by default trying to get them to illegally enter another country so they aren't their problem any more. (The reason why the US can't just deport them back to El Salvador is a matter of American laws implementing the Refugee Convention).

Involuntary relocations of refugees from one safe country to another (negotiated between the two countries) were a common part of immediately-post-WW2 practice, and are explicitly contemplated by the Refugee Convention in certain situations.

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