Migration and Survival: The Birds Do It, The Bees Do It, Why Can’t We Do It?

By
Meredith Bensen
45 Mitchell Hamline L.J. of Pub. Pol’y and Prac. 34 (2024)

Immigration was, and continues to be, a touchy topic between my father and me. He is a proud northern man who brags about never needing or wanting a passport. Why get one when you have no plans to leave the United States, not even for a vacation? He cannot fathom why someone would leave their home country, why they would not “stand and fight” for their land as he feels he would if he were placed in a refugee’s shoes. Although we continue to debate immigration policies, the tones of our conversations shifted and became more nuanced once he accepted the role of climate change and how it interacts with immigration and displacement. Apparently, my father believes it is more realistic to stand against an oppressive government than acts of God, like tornadoes, earthquakes, or floods. Unfortunately, like most problems in the world, climate change—and its interactions with society, government, and immigration—is not so black-and-white.

Society’s understanding of climate change and its inevitable impact on the world has advanced significantly since the United Nations 1951 Refugee Convention. The United States subsequently passed the Refugee Act of 1980 domestically codifying the internationally recognized definition of a refugee and the right to asylum, both of which the 1951 Convention established. The way climate and resource availability interact with government and society is far more nuanced than determining whether one has a well-founded fear of persecution if forced to return to their country of origin.

Framing immigration issues as being exclusively based on civil unrest or climate disaster creates exclusionary and restrictive paths. Such paths leave behind those most impacted who require immediate relief from the drastically changing environment in their home country. For example, a catalyst to the Syrian civil war, severe drought caused strain on resources and furthered unrest in the region, but when refugees are asked why they fled, few reference the drought or climate change as their reason for fleeing Syria.

Discussion of the intersection between climate change and migration has creeped further and further into mainstream media, with resounding concern about the lack of plans and understanding surrounding this complex topic. Research and investigations have increased over the last twenty years, with the White House now having issued an official report on the link between climate change and migration for the first time in history. How we adjust our immigration laws and plan for forced displacement connected to climate change is crucial. These policies will be pivotal in how our society views displaced populations and how countries will interact in addressing these crises.

The purpose of this paper is to explore the structure of potential legislation that could be enacted to provide relief to migrants whose displacement is connected to this complex disaster. That said, it is important to explain why the United States of America bears a disproportionate responsibility to offer relief to migrants displaced as collateral consequences of climate change. In the first section, I provide a historical overview of the modern global recognition of climate change as well as how countries, like the United States, with high carbon emissions contribute to the crisis we are currently facing. I then briefly address how imperialist policy by the United States in the Global South, particularly in Central and South America, created unstable political environments more susceptible to climate change. I also outline the portions of the world that are projected to receive the brunt of climate disasters. In the second section I define key terms and theories surrounding displaced populations. I also describe the development of United States immigration law and the current paths available to immigrants. I then explain the limitations of these pathways for those from countries destabilized by climate change. Within this context, I discuss potential policy or new legislation the United States could enact to attempt to mitigate the impending climate crisis. I hope this paper provides theories as to the potential adaptations we can make as a society to create space for individuals impacted by climate change.