The Lawfare Podcast Lawfare Archive: Asylum-Seekers and the EU Migration Pact
Feb 8, 2026
Steve Meili, professor of international human rights law and refugee law expert, breaks down the EU Migration Pact and its roots. He discusses safe-third-country rules and offshore detention. He warns about rapid vetting, detention, and crisis clauses that could restrict access to asylum. He compares EU measures to U.S., UK, and Australian approaches and considers burdens on neighboring states.
AI Snips
Chapters
Transcript
Episode notes
Origins And Limits Of The Refugee Framework
- The 1951 Refugee Convention centers on individual persecution tied to five grounds: race, religion, nationality, social group, and political opinion.
- That individual-focused model struggles with modern, large-scale and protracted displacement crises.
Externalization Undermines The Right To Seek Asylum
- Wealthier states increasingly externalize borders to stop arrivals before refugees can claim asylum at the border.
- This shift effectively weakens the practical right to seek asylum despite formal international obligations.
Don't Rush Asylum Adjudications
- Avoid rapid one-shot asylum screenings without legal assistance because they prevent claimants from proving persecution claims.
- Ensure adequate time and counsel for credible fact‑finding before deportation decisions.