Recent scholarship has claimed that countries across Latin America have been adopting an increasingly liberal and more advanced legal framework for the protection of refugees. Yet little systematic cross-country evidence beyond case studies exists to back up this claim. To address this gap in the literature, I develop a new methodology — called the Asylum Policies in Latin America (APLA) Database — to measure policy outputs on asylum across Latin America over time. Applying this new methodology, I present the results of the codification of 19 Latin American countries, over a 31-year period (1990–2020), using 65 indicators to track the development of policy measures on asylum. The findings from this new database confirm the claim from existing research that countries across Latin America have developed an increasingly complex and more liberal legal framework for the protection of refugees. This liberal trend in asylum legislation stands in contrast to findings of increased restrictiveness over the same period across OECD countries. The APLA Database represents a unique contribution to the fields of migration and refugee studies, as it provides systematic data on the nature and development of asylum policies in Latin America through highly disaggregated data on policy outputs. Additionally, APLA demonstrates the existence of intra-regional variation. It also allows scholars to develop and test hypotheses in the field of asylum studies and provides a reference database for comparative analyses of asylum policies in Latin America, as well as a framework for the comparative study of asylum policies across the globe.

What drove an entire region in the Global South to significantly expand refugee protection in the early twenty-first century? In this paper, we test and build on political refugee theory via a mixed-methods approach to explain the liberalization of refugee legislation across Latin America. First, we use data from the new APLA Database, which measures legislative liberalization over a 30-year period, and test both general and region-specific immigration and refugee policy determinants through a series of nested Tobit and linear spatial panel-data regressions. Our models do not support some consistent predictors of policy liberalization identified by the literature such as immigrant and refugee stocks, democratization, and the number of emigrants, but they offer statistical evidence for the importance of leftist government ideology and regional integration. We then shed light on the causal mechanisms behind these correlations for two extreme but diverse cases: Argentina and Mexico. Based on process tracing and elite interviews, we suggest that the reason that leftist political ideology rather than institutional democratization and number of emigrants matters for policy liberalization is that Latin American executives embarked on symbolic human and migrant’s rights discourses that ultimately enabled legislative change.

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