Trump Violates US and International Law
From Newsweek
If a person arrives on U.S. soil and claims asylum, does the U.S. have to deal with their claim under international law?
"Yes. Not only does the U.S. have an international legal obligation to do so, based on the requirement of complying with the object and purpose of the 1951 Refugee Convention, and implementing legal obligations in good faith, it has an obligation to do so under its own domestic law."
"The executive order cannot displace domestic legal obligations. So those who, with great difficulty, manage to reach the U.S. will have to have their asylum claims examined. The duty not to return a person to a state where they may face torture or other serious harms is absolute under the UN’s Convention Against Torture. The U.S. has signed and ratified this convention."
Under international law, can the U.S. ban asylum seekers from certain countries?
"Under international law, the U.S. cannot ban asylum seekers
from certain countries. The U.S. has signed and ratified a number of
international treaties that prohibit religious and race discrimination
in the operation of legal systems, and this extends to operating a
migration system in line with international non-discrimination
protections.
That
said, a person cannot claim asylum unless they are on U.S. soil. The
executive order will generally suspend issuing visas for 90 days for
Iranian, Iraqi, Libyan, Somalian, Sudanese, Syrian and Yemeni citizens
under the U.S. visa-waiver programme.
An exception for “religious minority”—such as Christians from these
countries—appears to be nothing more than a poorly attempted disguise to
try to ban Muslims from these countries from reaching U.S. soil."
