At first glance, Mandalorians might not seem like a desperate lot, what with all their blasters, flamethrowers, whistling birds, heavy repeating cannons, jet packs, and…well you get the idea. But behind those steely beskar helmets are a people fighting for their very existence in the galaxy far far away. The first few episodes of The Mandalorian have given us a very different look at Mandalorians.
A far cry from what we’ve previously seen of their society in The Clone Wars or Rebels series, Mandalorians have been driven into the shadows by the Empire, forced to hide like sand rats. But with the fall of the Empire, could the Mandalorian people lawfully claim refugee status in order to get protection from the New Republic?
Unfortunately for Mandalorians, escaping persecution in the galaxy probably isn’t as easy as planting a sweet Mythosaur flag on a new planet. Even though The Mandalorian takes place several years after Return of the Jedi, it’s clear that the entire galaxy hasn’t suddenly become a friendly place after the Empire’s fall, especially for certain groups like the Mandalorians.
From mopping up Imperial warlords to establishing a credible new government, the New Republic undoubtedly had a large set of priorities competing for its limited resources. However, given the huge numbers of people displaced by the galactic civil war, the work of crafting a legal framework to govern refugees and asylum seekers would likely have been a top priority for leaders like Mon Mothma.
The basic judicial legal concept of asylum dates back millennia. It allows those persecuted by or within their own country to seek sanctuary and protection from another sovereign authority. Over time, countries have developed their own unique refugee and asylum laws, which means legal standards differ depending on which country you’re seeking refugee status in. For example, under Australian law, those who attempt to travel illegally by boat to the country will not be processed or resettled in Australia. Intended as a measure to stop human smuggling, those arriving illegally by boat may be returned to international borders or sent to a third country for processing. Elsewhere, in Brazil the granting of asylum is a principle enshrined in the country’s constitution.
We don’t know precisely what galactic laws are on the books at the time of The Mandalorian (Lucasfilm ought to give us the Star Wars legal drama we deserve), so we will have to fill the gap with real world law. To that end, we will use U.S. refugee and asylum law as a guide.
By the end of the massive gunfight at the end of Episode 3 (The Sin), the Mandalorians had probably blown their welcome on that particular planet to smithereens. The Mandalorian seemingly confirms this, telling his hulking brother in arms that the Tribe would be forced to relocate to another planet. Since they would be seeking sanctuary on another planet from outside its borders, the Tribe would therefore be considered refugees, assuming they meet that legal definition.
Before the Mandalorians can go plop down their jet packs on a new planet, they would bear the burden of proving they are entitled to refugee status. Under the Immigration and Nationality Act (“INA”), a refugee is defined as any person outside their own country who is unable or unwilling to return there because they have suffered past persecution or has a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
The Tribe has clearly been displaced from their home on Mandalore, having resorted to hiding out on a dingy backwater planet. Historically, Mandalorians were a very territorial people who fiercely defended their independence from the larger galaxy. Given Mandalorians’ deep connection to their home, it’s incredibly unlikely Mandalorians would voluntarily choose to live off world en masse. The Mandalorian’s conversation with fellow Tribe members back this up, making it clear that they were driven into hiding by the Empire.
We know from the Rebels series that Mandalorians still occupied their planet in some form within a year of the Death Star’s destruction in A New Hope. The Tribe speaks of a major event occurring some time after that point which was seemingly the catalyst that drove Mandalorians from their home. While we don’t yet know a great deal about this event, it is referred to as the Great Purge. That apparent atrocity ultimately scattered surviving Mandalorians and sent them into into hiding. This means the Tribe could certainly prove that it suffered past persecution that displaced them from Mandalore.
Since the Great Purge was inflicted upon the Mandalorian people, they also have a strong case that the persecution was on account of their nationality or religion. Nationality is traditionally based on one’s citizenship. As citizens of the sovereign planet Mandalore, ‘Mandalorian’ could be considered a nationality in the same way we recognize a legal difference between U.S. and French or Italian citizens.
However nationality isn’t defined only by one’s citizenship. Persecution of ethnic, linguistic, and cultural groups within a population can also be deemed persecution based on nationality. The persecution of ethnic minorities within their own borders is often considered persecution based on nationality. The Chin people of Myanmar are a good example of this principle. While the Chin are technically citizens of Myanmar, the targeted persecution of their group has been considered persecution based on nationality. Much like the Chin, Mandalorians would likely constitute their own ethnic subgroup of the larger galaxy, given their unique common culture that includes a religious devotion to weapons and fervent dedication to not removing their helmets. The Empire’s targeted mass murder of Mandalorians would therefore qualify as persecution based on nationality.
But it is not enough to have simply been persecuted in the past. Proving that they are unable or unwilling to return to Mandalore on account of that persecution is a much tougher legal hurdle for the Tribe. By the time of the show the Empire and its military had long since been dismantled, which means the major threat to their existence had arguably been neutralized.
In response, the Tribe would argue that the Imperial military hasn’t been fully swept away, particularly in the far reaches of the galaxy. We’ve seen evidence of this so far in the show, with The Client commanding a number of Imperial troops. Mandalore similarly lies in the Outer Rim, far from the reach of New Republic authorities, which makes it plausible that a dangerous Imperial remnant still operates there. Simply alleging that Imperials are likely still operating around Mandalore would not be enough to meet their legal burden. It would be incumbent upon the Tribe to offer tangible evidence of the threat posed by Imperial remnant forces.
With the New Republic now governing the galaxy, Mandalorians would also need to prove that the government was unwilling or unable to protect their people. Under the INA, an applicant must show more than the government’s mere difficulty in controlling private behavior, such as that of Imperial remnant forces. Similarly, the mere fact that a country has problems effectively policing certain crimes is not enough to qualify one as a refugee. Considering the devastation Mandalore endured at the Empire’s hand, the Tribe might present evidence that Mandalore’s government remains in tatters following the galactic civil war, with no organized law enforcement or military force in place to protect its citizens. Presenting the planet as a lawless place with a completely defunct government would make for a powerful argument in favor of refugee status. The Tribe could present a similar argument about the New Republic, who clearly lack the resources to do much outside the Core.
With so many unanswered questions about Mandalore, the Tribe’s legal fate rests on their ability to fill in those gaps in evidence. My personal legal advice would be to forgo the time consuming refugee process and instead mount the sort of massive Mandalorian assault to retake the planet that we’re all dying to see.
