Why the U.S. Should Adopt a Climate Refugee Inclusive Immigration Policy
Vol. 31
May 2025
Page 115-135
This paper discusses the need for the United States to adopt new immigration policies to preempt the looming challenges that climate change poses in terms of the mass displacement of people. It begins with an overview of the current state of climate migration globally, which is increasingly a leading cause of forced displacement, and the paradoxical status of “climate refugees'' under international law to explain why there are no formal structural protections for them. Next, it transitions to a discussion of how United States migration policy interacts with climate refugees, incidentally or otherwise, by way of asylum law, Temporary Protected Status, and geopolitical mechanisms to highlight the inadequacy of existing policy in addressing the impending crisis with particular focus on the challenges faced by people who are at risk of becoming stateless due to rising sea levels. This discussion continues with an argument for why the United States has a compelling legal imperative to provide protections for victims of climate change found at the intersection of statelessness and the non-refoulement principle as well as a moral imperative to adopt a more inclusive policy towards climate refugees by way of reparations for people who suffer the effects of climate change insofar as those conditions are largely caused by the United States. The discussion concludes with a proposal for how the Compacts of Free Association provide a compelling model of an immigration policy that adequately serves the needs of certain climate refugees and, by examining the confusing predicament faced by citizens of the Compacts of Free Association nations, proposes a reimagining of that framework that incorporates certain aspects of asylum law to provide a sustainable long term solution to people who are displaced by the effects of climate change.
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This paper discusses the need for the United States to adopt new immigration policies to preempt the looming challenges that climate change poses in terms of the mass displacement of people. It begins with an overview of the current state of climate migration globally, which is increasingly a leading cause of forced displacement, and the paradoxical status of “climate refugees'' under international law to explain why there are no formal structural protections for them. Next, it transitions to a discussion of how United States migration policy interacts with climate refugees, incidentally or otherwise, by way of asylum law, Temporary Protected Status, and geopolitical mechanisms to highlight the inadequacy of existing policy in addressing the impending crisis with particular focus on the challenges faced by people who are at risk of becoming stateless due to rising sea levels. This discussion continues with an argument for why the United States has a compelling legal imperative to provide protections for victims of climate change found at the intersection of statelessness and the non-refoulement principle as well as a moral imperative to adopt a more inclusive policy towards climate refugees by way of reparations for people who suffer the effects of climate change insofar as those conditions are largely caused by the United States. The discussion concludes with a proposal for how the Compacts of Free Association provide a compelling model of an immigration policy that adequately serves the needs of certain climate refugees and, by examining the confusing predicament faced by citizens of the Compacts of Free Association nations, proposes a reimagining of that framework that incorporates certain aspects of asylum law to provide a sustainable long term solution to people who are displaced by the effects of climate change.