Member-only story

Administrative Justice and the Politics of Asylum in the United States and Canada

Al Foster

·15.4k Followers· Follow

Published in Let Me Be A Refugee: Administrative Justice And The Politics Of Asylum In The United States Canada And Australia

6 min read · 3 weeks before

103 View Claps

15 Respond

Save

Listen

In the realm of international human rights, the concept of administrative justice holds paramount importance, particularly in the context of asylum adjudication. As nations grapple with the complexities of global migration and refugee flows, the manner in which they administer justice to asylum seekers has profound implications for the protection of vulnerable individuals and the upholding of fundamental human rights.

Let Me Be a Refugee: Administrative Justice and the Politics of Asylum in the United States, Canada, and Australia

by Rebecca Hamlin

4.6 out of 5

Language	:	English
File size	:	11044 KB
Screen Reader	:	Supported
Print length	:	229 pages
Lending	:	Enabled
X-Ray for textbooks	:	Enabled

This comprehensive article delves into the intricate relationship between administrative justice and the politics of asylum in the United States and Canada. By examining the legal frameworks, policies, and practices employed by these two neighboring nations, we aim to uncover the challenges and opportunities that shape the asylum adjudication process.

The Legal Framework of Asylum Adjudication

Both the United States and Canada have established legal frameworks to govern the adjudication of asylum claims. However, significant differences exist between the two systems, reflecting distinct historical, political, and social contexts.

United States

In the United States, asylum seekers are subject to the jurisdiction of the Executive Office for Immigration Review (EOIR),a component of the Department of Justice. EOIR operates a system of immigration courts and an appellate body known as the Board of Immigration Appeals (BIA). Asylum seekers must demonstrate a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

Canada

In Canada, asylum seekers are processed through the Immigration and Refugee Board of Canada (IRB),an independent quasi-judicial body. The IRB employs a two-tiered system, with refugee protection claims initially being adjudicated by a single member and then, if necessary, by a three-member panel on appeal. Asylum seekers must establish that they have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

The Politics of Asylum

The adjudication of asylum claims is not solely a legal exercise but is also profoundly influenced by political considerations. Governments must balance their humanitarian obligations to protect refugees with their national security concerns and the need to manage immigration flows effectively.

United States

In the United States, the politics of asylum have become increasingly polarized in recent years. The Trump administration implemented restrictive policies aimed at deterring and limiting asylum seekers, including family separations and the "Remain in Mexico" program. The Biden administration has sought to reverse some of these policies but has also faced criticism for its handling of the surge in asylum seekers at the southern bFree Download.

Canada

Canada has traditionally been seen as a more welcoming country for asylum seekers than the United States. However, in recent years, the Canadian government has also taken steps to tighten its asylum system, including increasing the number of safe third country agreements and introducing new restrictions on refugee eligibility.

Challenges to Administrative Justice

The interplay between administrative justice and the politics of asylum presents numerous challenges. These include:

Lack of Access to Legal Representation: Many asylum seekers lack access to legal representation, which can significantly impair their ability to navigate the complex legal system and present their cases effectively.
Cultural and Linguistic Barriers: Asylum seekers often come from diverse cultural and linguistic backgrounds, which can create communication barriers and make it difficult for them to fully understand the asylum process and their rights.
Political Interference: In some cases, political considerations can interfere with the fair and impartial adjudication of asylum claims. Governments may pressure adjudicators to make decisions that align with their political agendas.
Backlogs and Delays: Both the US and Canadian asylum systems face significant backlogs, which can result in lengthy delays in the processing of claims. This can cause hardship and uncertainty for asylum seekers and undermine their access to protection.

Opportunities for Reform

Despite the challenges, there are opportunities to strengthen administrative justice and improve the asylum adjudication process in both the United States and Canada. These include:

Expanding Access to Legal Representation: Providing asylum seekers with access to free or low-cost legal representation would help to level the playing field and ensure that they can fully participate in the asylum process.
Improving Language and Cultural Interpretation Services: Investing in language and cultural interpretation services would help to overcome communication barriers and ensure that asylum seekers can effectively convey their experiences and claims.
Strengthening Independence of Adjudicators: Adopting measures to protect the independence of adjudicators from political interference would help to ensure that asylum claims are decided fairly and impartially.
Reducing Backlogs and Delays: Streamlining the asylum adjudication process and increasing resources would help to reduce backlogs and delays, providing asylum seekers with more timely access to protection.

The interplay between administrative justice and the politics of asylum is complex and challenging. However, by understanding the legal frameworks, policies, and practices that shape the asylum adjudication process, we can identify opportunities for reform and improve the protection of vulnerable individuals seeking refuge from persecution.

Both the United States and Canada have a responsibility to uphold their international human rights obligations and provide a fair and impartial asylum process. By working together, these two neighboring nations can create a more just and humane asylum system that fully respects the rights of refugees.

Let Me Be a Refugee: Administrative Justice and the Politics of Asylum in the United States, Canada, and Australia

by Rebecca Hamlin

4.6 out of 5