Non-Discrimination in Refugee and Asylum Law (Against Travel Ban 1.0 and 2.0)

66 Pages Posted: 10 Jul 2019

See all articles by Eunice Lee

Eunice Lee

University of Arizona - James E. Rogers College of Law

Date Written: January 2018

Abstract

This article explores the tension between Executive Orders No. 13,769 and No. 13,780 — colloquially known as “travel ban” 1.0 and 2.0 — and the deep non-discrimination norms in refugee and asylum law. I engage in a close read of the legislative history of the Refugee Act of 1980; analyze the 1951 Refugee Convention and subsequent international human rights treaties; provide a novel and in-depth analysis of U.S. statutory, regulatory, and case law interpretations of the refugee definition via the framework of non-discrimination; and examine the structural aspects and standards governing refugee admissions. I argue these sources collectively disallow invidious discrimination against refugees on the basis of religion or national origin. My analysis fills a gap in the literature as the academy and the public continue to debate the permissibility of the travel ban and its iterations.

Keywords: refugee law, asylum law, executive orders, travel ban, immigration law, refugee admissions

Suggested Citation

Lee, Eunice, Non-Discrimination in Refugee and Asylum Law (Against Travel Ban 1.0 and 2.0) (January 2018). Georgetown Immigration Law Review, Vol. 31, No. 459, (2017-2018), Available at SSRN: https://ssrn.com/abstract=3417069

Eunice Lee (Contact Author)

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
86
Abstract Views
409
Rank
435,062
PlumX Metrics