Immigration Article of the Day: Second Class Asylum, Third Country Danger by Michael Kagan

Second Class Asylum, Third Country Danger by Michael Kagan

Abstract

This symposium essay explores the gaps in asylum law that set the stage for the third country removal crisis that began in 2025. It argues that the U.S. asylum has tiered protective statuses, but they are illogically conceived. The current system seems to be missing a tier that would make it much more logical. For this system to make sense, there ought to be a tier below asylum, but better than withholding of removal. This might look something like a more permanent version of temporary protected status.