Haganham wrote:Reverend Norv wrote:
First of all, you can apply for a visa from your home country, and indeed you are required to do so in order to enter the U.S. legally.
Asylum, however, is different. The legal standard to claim asylum is that you must have a well-founded fear of persecution in your home country.
Now: if you are in your home country, actively being persecuted, in danger of torture or death - would you really hang around for six months waiting for the U.S. embassy to process your application? Or would you flee, get to the U.S. any way you could, and then ask for asylum once you managed to arrive?
Asylum is a category for people who couldn't stay in their home countries - who did not have that option - who had no choice but to flee while they still could. That's why we don't allow people to apply for asylum from their home countries: at least in principle, if it's safe enough for them to stay in their own countries while they apply, then they have no business claiming asylum in this one.
I don't necessarily agree with this logic, but this is the traditional understanding of asylum, and it's important to understand it before we critique it.
This logic doesn't really apply when they're not in the country they fled from. Like there is no reason a person fleeing from Venezuela needs to come to the US and ask for asylum. We have embassies in Brazil, Colombia and Guyana. Truth is a lot are economic migrants.
As I understand it, the rationale is that if you are safe in Brazil, Colombia, or Guyana, then you should apply for asylum there - rather than going to an American embassy in those countries and seeking asylum in the U.S. instead. If the purpose of asylum is to protect people from persecution in their home countries, then once they are in a safe third country, they have no basis on which to claim asylum in the U.S.
Now, this comes with the caveat that immigration law is not my chosen field, and I know just enough about this area of the law to understand that it's complicated and not entirely internally coherent. You are not, for example, required to request asylum in the first safe country you reach; you can continue to the U.S., and "save" your asylum claim to use there. That's pretty inconsistent with our reasons for refusing to hear asylum petitions in safe third countries: if folks are just going to continue to the U.S. anyway, we could at least start processing their asylum claims before they get here.
This is mostly to say that you make a good point, but that I'm not qualified to assess the full consequences of your proposal.