Wednesday, July 17, 2019

Peter Margulies: The Administration's New Asylum Rule Exceeds Statutory Authority


Peter Margulies on Lawfare outlines the case that the new Trump asylum rule violates the asylum statute:

"Congress's provision for broad asylum eligibility and strictly tailored exceptions, such as safe third country agreements, mean that executive officials lack the power to unilaterally impose categorical restrictions. Passage through a third country may be one factor among many in determining eligibility for the discretionary remedy of asylum, but it cannot be the sole test. Yet that exclusive test is what the new third country rule purports to create."


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