Recommended Citation
Julia Neusner,
Deadly Journeys: Climate Change, U.S. Border Enforcement, and Human Rights,
56 Case W. Res. J. Int'l L.
337
(2024)
Available at:
https://scholarlycommons.law.case.edu/jil/vol56/iss1/16
Abstract
Extreme weather events and slow onset disasters, exacerbated by climate change, are increasingly driving global displacement. As displaced people seek cross-border protection in unprecedented numbers, the United States has responded by tightening border controls and restricting asylum access. These policies have exposed migrants and asylum seekers in transit to greater risks of injury and death due to the impacts of climate change and climate-related disasters. Drawing on legal analysis, historical context, and firsthand interviews with people seeking U.S. asylum, this Article examines the implications of U.S. policies that limit freedom of movement and asylum access. The Article raises critical legal questions regarding U.S. obligations under international and domestic law to protect asylum seekers, mitigate climate-related risks, and uphold the rights of noncitizens within its borders. It probes the extent to which U.S. policies may subject impacted individuals to the risk of forced return, or refoulement, to places where their lives and safety are at risk, contravening international legal norms. It also examines the extraterritorial reach of U.S. immigration enforcement efforts. In addressing these questions, this Article underscores the urgent need for safe and regular migration pathways to protect people on the move from the intensifying effects of climate change.