Migration and Society: Advances in Research 4 (2021): 110–123 © Te Authors
doi:10.3167/arms.2021.040111
Freedom, Salvation, Redemption
Theologies of Political Asylum
Elizabeth Shakman Hurd
ABSTRACT: Te politics of religious asylum is ripe for reassessment. Even as a robust
literature on secularism and religion has shown otherwise over the past two decades,
much of the discussion in this feld presumes that religion stands cleanly apart from
law and politics. Tis article makes the case for a diferent approach to religion in the
context of asylum-seeking and claiming. In the United States, it suggests, the politics
of asylum is integral to the maintenance of American exceptionalism. Participants in
the asylum-seeking process create a gap between Americans and others, afrming the
promise of freedom, salvation, and redemption through conversion not to a particular
religion or faith but to the American project itself. Tis hails a particular kind of subject
of freedom and unencumbered choice. It is both a theological and a political process.
KEYWORDS: American exceptionalism, law and religion, political theology, religion and
politics, religious asylum, religious freedom
In light of the cultural and sociological complexities which inhere in defning a practice as a
religion, or determining whether persecutors consider it as such, a factfnder is encouraged
to seek out the assistance of professionals with relevant expertise on the issue.
—Karen Musalo, “Claims for Protection Based on Religion or Belief”
To be saved is to be made “religious” in the proper way within a properly ordered secular
space; those who cannot or who refuse to enter this “order of things” must be annihilated for
the sake of the Kingdom.
—J. Kameron Carter, “An Unlikely Convergence”
Asylum and the Limits of Law
Religion is among several protected categories in US and international refugee law.
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Asylum
courts and bureaucracies regularly adjudicate questions involving religious identity, conversion,
and persecution (Oraby 2015). Experts like Karen Musalo, whose cautionary advice to religious
asylum factfnders is cited above, prioritize international legal instruments and professionals
with relevant expertise (Good 2007).Winnifred Fallers Sullivan, however, has described such
attempts to defne religion for legal purposes as inherently discriminatory (2018). Moreover, as
Sullivan has emphasized, it is not only religion but also law that is ripe for interrogation: “We
have mostly accepted the exceptionalism of US law. What we need to do now is see that law is