About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

67 Loy. L. Rev. 121 (2020-2021)
Asylum under Attack: Restoring Asylum Protection in the United States

handle is hein.journals/loyolr67 and id is 131 raw text is: ASYLUM UNDER ATTACK: RESTORING
ASYLUM PROTECTION IN THE UNITED
STATES
Lindsay M. Harris*
ABSTRACT
The U.S. asylum system has endured four years of system-
atic attack. The Trump Administration attempted to dismantle
the United States' system to protect asylum seekers through
changes to case law, executive orders, presidential proclama-
tions, internal agency guidance and sweeping regulatory
changes, among other measures. The system largely ground to
a halt after the Trump Administration co-opted the coronavirus
public health crisis to effectively close the southern border to
asylum seekers with its March 2020 Centers for Disease Control
order. This catastrophic order was not even the last in a long
line of the Trump Administration's efforts since assuming
power to obliterate asylum protection. Building on the actions
from 2017 forward, even in its waning days, the Trump Admin-
istration proposed and finalized numerous sets of regulations
to undermine and eviscerate asylum protection.
A combination of public outcry and litigation halted or
limited some of the Trump Administration's attempts to under-
mine asylum protection. Other policies went into effect and
* Associate Professor of Law, Director, Immigration & Human Rights Clinic,
University of the District of Columbia - David A. Clarke School of Law, J.D. Berkeley
Law School, L.L.M, Georgetown University Law Center. My thanks to Saba Ahmed,
Jillian Blake, Shaw Drake, Karen Musalo, Jaya Ramji-Nogales, Aaron Reichlin-
Melnick, Erica Schommer, and Shoba Sivaprasad Wadhia for sharing their insight.
Thank you to my spouse, Brian R. Israel, for all the ways in which he made this
possible for me to write this piece during a summer of pandemic-parenting in 2020 and
to Maggie Harris for Grandma School and moving across the country to supervise
remote learning from September to March. This article, and so much more, simply
would not have been possible without that support. Thank you to Stephanie Brown for
research assistance and to the editors of the Loyola Law Review for their diligence and
thoughtfulness. Finally, I appreciate summer research funding from UDC Law. All
errors are my own.

121

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most