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Title
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"Non-Discrimination in Refugee and Asylum Law (against Travel Ban 1.0 and 2.0)"
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Date
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Spring 2017 |
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Author
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Eunice Lee |
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Author Institution
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Georgetown University Law School |
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External Link
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https://poseidon01.ssrn.com/delivery.php?ID=8520020021120060980731040210851130711210460220...
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Abstract
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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 theoretical framework of non-discrimination; and examine the structural aspects and standards governing refugee admissions. The clear picture that emerges from these sources points in a single direction—the government cannot engage in invidious discrimination against refugees or asylum seekers 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. |
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Source
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Georgetown Immigration Law Journal |
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Citation
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31 Geo. Immigr. L.J. 459-524 |
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| special collection | Civil Rights Challenges to Trump Refugee/Visa Order |
| case | Darweesh v. Trump [voluntarily dismissed] (IM-NY-0053) |
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