{"id":21769,"date":"2019-07-29T15:19:34","date_gmt":"2019-07-29T19:19:34","guid":{"rendered":"https:\/\/www.immigrationreform.com\/?p=21769"},"modified":"2019-07-29T15:19:35","modified_gmt":"2019-07-29T19:19:35","slug":"asylum-officers-immigration-enforcement","status":"publish","type":"post","link":"https:\/\/www.immigrationreform.com\/2019\/07\/29\/asylum-officers-immigration-enforcement\/","title":{"rendered":"Asylum Officers: Truth vs. Personal Ideology"},"content":{"rendered":"\n

Apparently, the asylum officer corps at U.S. Citizenship and Immigration Services needs collective re-training on our nation\u2019s obligations relating to the protection of the persecuted. Of late, the press has been filled with an alarming<\/a> amount of commentary<\/a> from asylum officers who blatantly substitute<\/a> their ideologically-driven<\/a> opinions for basic principles<\/a> of domestic and international asylum law.<\/p>\n\n\n\n

The most recent of these pieces appeared in Buzzfeed<\/a><\/em>, citing an unnamed asylum officer commenting on a new Trump administration regulation, which renders ineligible for asylum any applicants who cross through a third country on the way to the U.S., but don\u2019t seek protection there. <\/p>\n\n\n\n

The anonymous officer says of the\nnew policy, \u201cIt\u2019s facially illegal. I mean, I don’t personally plan to [enforce\nit]. If it’s not enjoined … I will ask for other duties, I guess. I need this\njob, but my oath of office won’t allow me to make adjudications contrary to the\nlaw.\u201d She should probably read-up on the law before making such statements. <\/p>\n\n\n\n

Far from being contrary to the law, the requirement the Trump administration has promulgated through its new regulation is enshrined in international jurisprudence as \u201cthe safe third country\u201d or \u201ccountry of first asylum\u201d concepts.\u00a0 In fact, a document from the U.N. High Commissioner for Refugees<\/a>, makes explicit reference to both concepts, \u201cwhose lawfulness is presumed on the grounds that protection has already been found or can be found elsewhere.\u201d<\/p>\n\n\n\n

International law recognizes a right to request asylum from a country where the applicant will not be subject to persecution. It does not acknowledge a right to seek protection only from specific states in which the applicant would prefer to reside. Attempting to gain asylum from a particular country after passing through several other safe countries is known as \u201casylum shopping<\/a>.\u201d <\/p>\n\n\n\n

The most common way of discouraging asylum shopping is by implementing multilateral safe third country treaties. The best known example of this type of agreement is the European Union\u2019s Dublin Regulation. According to the European Court of Justice<\/a>, the Dublin Regulation mandates that, \u201cRefugees seeking asylum in European countries must do so in the first country they reach, even in exceptional circumstances.\u201d<\/p>\n\n\n\n

However, bilateral agreements<\/a> \u2013 such as the Canada-United States Safe Third Country Agreement \u2013 are also common. And there is nothing in domestic or international law that prohibits a nation from implementing the safe third country concept unilaterally, through policy or legislation. That is unsurprising. As detailed by Swiss legal scholar Emer de Vattel<\/a>, way back in 1797, international law<\/a> recognizes a right to leave, and return to, one\u2019s own country. However, there is no concomitant right to enter another country. <\/p>\n\n\n\n

It\u2019s bad enough that the mainstream\nmedia is so pathologically anti-Trump that it is trolling for disgruntled\nfederal employees to push its bogus \u201coppression of migrants\u201d narrative. But it\nis truly unconscionable that not a single editor or fact-checker has bothered\nto determine whether the things being said by those spewing manufactured\noutrage are even close to being accurate. <\/p>\n\n\n\n

Both the USCIS asylum corps and the\npopular press need to rediscover the difference between truth and personal\nideology.<\/p>\n","protected":false},"excerpt":{"rendered":"

Apparently, the asylum officer corps at U.S. Citizenship and Immigration Services needs collective re-training on our nation\u2019s obligations relating to the protection of the persecuted. Of late, the press has been filled with an alarming amount of commentary from asylum officers who blatantly substitute their ideologically-driven opinions for basic principles of domestic and international asylum<\/p>\n

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