As the number of asylum-seeking children and families at the U.S.-Mexico border rises for the fourth time since 2014—and as the U.S. government once again responds chaotically—we need to step back and look at the U.S. migration and asylum system. It is clearly inadequate for receiving this population.
We do that in this episode with an expert colleague, Yael Schacher of Refugees International, a historian of U.S. asylum law and policy. Shacher makes many points in this conversation that don’t get enough attention in the current discussion of the border and protection-seeking migration. She notes that U.S. asylum laws were not written with people fleeing the Western Hemisphere in mind. An asylum system adapting to today’s realities, she adds, would abandon “expedited removal” and give a greater role to asylum officers in adjudicating cases—fairly, but more quickly than backlogged immigration courts. And the whole conception of how asylum seekers are received should change.
In this episode Yael Shacher shares many other observations and recommendations, steeped in an understanding of the history of how we got here. Most would not require a change in existing law as much as changes in attitudes and resource allocations. These inputs come at an important time as the Biden administration gradually dismantles the Trump administration’s policies and reviews broader changes to asylum, even while child and family arrivals increase.