Refugee roulette
Encyclopedia
Refugee roulette
refers to arbitrariness in the process of refugee
status determinations or, as it is called in the United States
, asylum
adjudication. Recent research suggests that at least in the United States and Canada
, the outcome of asylum determinations depends in large part on the identity of the particular adjudicator to whom an application is randomly assigned, and that the resulting disparities in rates of granting asylum are problematic. On the other hand, some commentators state that a good deal of disparity is inevitable and that refugees and their advocates must “learn to live” with “unequal justice.” Others report that the amount of disparity diminished after 2008.
The original study that coined the term "refugee roulette" presents an empirical analysis of decision-making at all four levels of the asylum process, namely the asylum office of the Department of Homeland Security, the immigration courts
of the Department of Justice
, the Board of Immigration Appeals
, and the United States Courts of Appeals
, between 2000 and 2004. The authors argue that their findings reveal an unacceptable level of disparities in grant rates, noting that the asylum adjudicators studied heard large numbers of cases from the same country in the same location over the same period of time. The study concludes with recommendations for reforming the immigration adjudication system. In a 2008 study of immigration court decision-making between 1994 and 2007, the United States Government Accountability Office
found that "the likelihood of being granted asylum varied considerably across and within the [immigration courts studied]."
The findings of the original "Refugee Roulette" study were reported as the lead story on the front page of the New York Times on May 31, 2007. The study was also reported in the Atlantic Monthly and many other media outlets, including the Atlanta Journal-Constitution, the Christian Science Monitor, the Dallas Morning News, and the Miami Herald. The study has been cited by numerous prominent legal academics, including Prof. David Cole of the Georgetown University Law Center
, Prof. Judith Resnik of the Yale Law School
, and Prof. Cass Sunstein
of the Harvard Law School
. It was also discussed in a decision of the United States Court of Appeals for the Fourth Circuit
. The study has been cited by the American Bar Association
’s Commission on Immigration and the Appleseed Foundation
, among other organizations. A similar study of the Canadian asylum adjudication system was subsequently published.
The term “refugee roulette” continues to be used by the popular media to describe arbitrariness in asylum adjudication.
Roulette
Roulette is a casino game named after a French diminutive for little wheel. In the game, players may choose to place bets on either a single number or a range of numbers, the colors red or black, or whether the number is odd or even....
refers to arbitrariness in the process of refugee
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
status determinations or, as it is called in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, asylum
Right of asylum
Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...
adjudication. Recent research suggests that at least in the United States and Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, the outcome of asylum determinations depends in large part on the identity of the particular adjudicator to whom an application is randomly assigned, and that the resulting disparities in rates of granting asylum are problematic. On the other hand, some commentators state that a good deal of disparity is inevitable and that refugees and their advocates must “learn to live” with “unequal justice.” Others report that the amount of disparity diminished after 2008.
The original study that coined the term "refugee roulette" presents an empirical analysis of decision-making at all four levels of the asylum process, namely the asylum office of the Department of Homeland Security, the immigration courts
Executive Office for Immigration Review
The Executive Office for Immigration Review is an office of the United States Department of Justice and is responsible for adjudicating immigration cases in the United States. The EOIR oversees immigration courts in the United States through the Office of the Chief Immigration Judge...
of the Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
, the Board of Immigration Appeals
Board of Immigration Appeals
The Board of Immigration Appeals is the part of the Executive Office for Immigration Review that reviews the decisions of the Immigration Courts and some decisions of the U.S. Citizenship and Immigration Services. It is an administrative appellate body that is part of the United States Department...
, and the United States Courts of Appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
, between 2000 and 2004. The authors argue that their findings reveal an unacceptable level of disparities in grant rates, noting that the asylum adjudicators studied heard large numbers of cases from the same country in the same location over the same period of time. The study concludes with recommendations for reforming the immigration adjudication system. In a 2008 study of immigration court decision-making between 1994 and 2007, the United States Government Accountability Office
Government Accountability Office
The Government Accountability Office is the audit, evaluation, and investigative arm of the United States Congress. It is located in the legislative branch of the United States government.-History:...
found that "the likelihood of being granted asylum varied considerably across and within the [immigration courts studied]."
The findings of the original "Refugee Roulette" study were reported as the lead story on the front page of the New York Times on May 31, 2007. The study was also reported in the Atlantic Monthly and many other media outlets, including the Atlanta Journal-Constitution, the Christian Science Monitor, the Dallas Morning News, and the Miami Herald. The study has been cited by numerous prominent legal academics, including Prof. David Cole of the Georgetown University Law Center
Georgetown University Law Center
Georgetown University Law Center is the law school of Georgetown University, located in Washington, D.C.. Established in 1870, the Law Center offers J.D., LL.M., and S.J.D. degrees in law...
, Prof. Judith Resnik of the Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
, and Prof. Cass Sunstein
Cass Sunstein
Cass R. Sunstein is an American legal scholar, particularly in the fields of constitutional law, administrative law, environmental law, and law and behavioral economics, who currently is the Administrator of the White House Office of Information and Regulatory Affairs in the Obama administration...
of the Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
. It was also discussed in a decision of the United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
. The study has been cited by the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
’s Commission on Immigration and the Appleseed Foundation
Appleseed Foundation
Appleseed is a non-partisan, nonprofit network of 16 public interest justice centers in the United States and Mexico.- History :...
, among other organizations. A similar study of the Canadian asylum adjudication system was subsequently published.
The term “refugee roulette” continues to be used by the popular media to describe arbitrariness in asylum adjudication.
See also
- Administrative lawAdministrative lawAdministrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
- Arbitrariness
- Asylum seekers
- Asylum shoppingAsylum shoppingAsylum shopping is a practice by asylum seekers of applying for asylum in several states or seeking to apply in a particular state after transiting other states. The term is used mostly in the context of the European Union and the Schengen area, but has been used by the Federal Court of Canada...
- RefugeeRefugeeA refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
- Refugee lawRefugee lawRefugee law is the branch of international law which deals with the rights and protection of refugees. It is related to, but distinct from, international human rights law and international humanitarian law, which deal respectively with human rights in general, and the conduct of war in...
- Right of asylumRight of asylumRight of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...