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Culture War Roundup for the week of May 8, 2023

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I'm increasingly against the concept of "asylum" in general. A lot of discussions about immigration seem to take it for granted that we must let in a nonzero percentage of "asylum seekers," that this is just some sort of given, or law of physics or something. It's not. The number of asylum seekers we have to take in is zero.

It must suck to live in a place controlled by warlords and gangs. But life sucks in a lot of place and in a lot of time periods. Sometimes it even sucks within the borders of the U.S. I don't believe I or my countrymen have a special moral duty to shelter every single person who shows up at the border with some unverifiable story of persecution. The idea sounds good in theory, but in practice it is one of those ideas that seems unstable in its theoretical limited form and which inevitably decays into its more stable degraded, excessive, unlimited form (see also college financial aid).

Even a midwit like me can tell that there are simply too many people in LatAm and the 3rd world for the U.S. to absorb without impacting the living standards of Americans, so I have to suspect that "taking care of asylum seekers" is really a pretext for serving some other ideological belief, like "increasing diversity" or "destroying white hegemony" or "free market absolutism." I guess there are a few true believers among the suicidally altruistic (religious charities come to mind) but I wager that they're a minority and are mostly the "useful idiots" that the ideologues in power use to further their ideologies.

Merely living in a place with lots of crime is not ground for asylum. First, a person cannot shiw eligibility for asylum where "the harm that Petitioner fears is not distinct from '[m]ere generalized lawlessness and violence," which "generally is not sufficient . . . to grant asylum . . . .'" Caamal-Rosales v. Garland (9th Cir 2022)(unpublished case). Moreover, the applicant must show that he was specifically targeted because of his race, religion, or membership in a particular social group.

Also, where persecution is by private parties, "the applicant must show that the government condoned the private violence 'or at least demonstrated a complete helplessness to protect the [applicant].'" Bertrand v. Garland, 36 F. 4th 627 (5th Cir 2022).

don't believe I or my countrymen have a special moral duty to shelter every single person who shows up at the border with some unverifiable story of persecution.

Unverified stories don't cut it. The burden of proof is on the applicant to prove all elements of an asylum claim. Which is why the grant rate has historically been low. See, eg, this article, complaining that recently "asylum officers have granted asylum in nearly 31 percent of the border cases that they heard to completion — or almost twice as often as immigration judges historically had."

The real issue is the enormous backlog in adjudicating cases. See here. Given that, it is a worthwhile gamble to come here and give asylum a shot. At least you will give your kids a better life for a while. If we increased funding for immigration courts, etc, the problem of dubious asylum claims would largely disappear.

Another idea is a treaty whereby asylum applicants are randomly assigned to a country to have their application heard and to be resettled in if approved, rather than the current system whereby the applicant basically picks his country.