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Immigration Law

LexisNexis Authors on Trump's Notion to Bar Asylum-Seekers

Alfredo Corchado, Dianne Solis, Dallas Morning News, Oct. 27, 2018 - "If Trump issues an executive order to deny migrants the chance to apply for asylum, it will quickly face legal challenges. The Immigration and Nationality Act contains provisions on asylum rights for those who are already physically in the U.S. or who arrive in the U.S. That federal law links back to the five types of persecution that are grounds for seeking asylum -- and are laid out in the 1951 United Nations convention on refugees and a 1967 addition. The United States signed that U.N. agreement. "As the Supreme Court reaffirmed in its travel ban decision earlier this year, all presidents have wide discretion about who to admit to the United States because immigration touches on national sovereignty," said Stephen Yale-Loehr, an immigration attorney and law professor at Cornell University. "But that discretion has limits. The U.S. immigration statute explicitly allows people to apply for asylum. Only Congress can change the law." Daniel Kowalski, an attorney who edits an immigration law journal, said, "I really don't see how an executive order can override that." "