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1 1 (September 21, 2023)

handle is hein.crs/govemxe0001 and id is 1 raw text is: Con gressionaI R.fesearch Service The Biden Administration's Final Rule on Arriving Aliens Seeking Asylum (Part Two) September 21, 2023 In May 2023, the Department of Homeland Security (DHS) and Department of Justice (DOJ) issued a final rule that would, for at least a two-year period, make some aliens ineligible for asylum if they arrive at the southwest land border or adjacent coastal borders without valid entry documents after having traveled through another country. This Legal Sidebar, which discusses the legal issues raised by the rule's limitations on asylum eligibility, pending legal challenges to the rule, and options for Congress, is the second in a two-part series discussing the rule. The first Sidebar, which discusses the rule itself and prior executive branch polices limiting asylum access, is available here. Legal Considerations When the Biden Administration proposed what has now become the final rule , some Members of Congress and immigration advocacy groups argued that it violated international treaty and federal statute by making certain arriving aliens barred from asylum. This section explores each of those arguments in turn. International Treaty Obligations The United States is a party to the 1967 Refugee Protocol. The Refugee Protocol incorporates Articles 2 through 34 of the Refugee Convention. Under Article 33 of the Refugee Convention, member states may not expel or return ('refouler') a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened because of a protected ground (i.e., race, religion, nationality, membership in a particular social group, or political opinion). Some have argued that the rule would violate an individual's right to seek asylum under Article 33's non-refoulement provision. However, the extent to which the Refugee Protocol's provisions are legally binding under U.S. law depends upon whether it is a self-executing or non-self-executing treaty. A self- executing treaty is considered to have the force of U.S. domestic law without the need for Congress to pass implementing legislation. A non-self-executing treaty, though, is not directly enforceable in U.S. courts. Federal courts have held that the Refugee Protocol is not self-executing for domestic law Congressional Research Service https://crsreports.congress.gov LSB11045 CRS Legal Sidebar Prepared for Members and Committees of Congress

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