Court Relied on UN Handbook to Block Trump’s Asylum Policy

‘Our nation has never accepted the UN rules, and we have never made them part of our law by treaty or otherwise…’

Trump Budget Signals Tougher Approach to UN 'Social Club'

Photo by sanjitbakshi

(Joshua Paladino, Liberty Headlines) The Immigration Reform Law Institute said Washington, D.C.’s district court relied on United Nations guidelines and other invalid legal arguments when it enjoined the President Donald Trump’s asylum policies.

In the Trump administration’s challenge to the D.C. district court’s ruling, IRLI filed a friend-of-the-court brief Tuesday with the D.C. Circuit Court of Appeals.

IRLI said asylum law does not allow migrants to seek refuge in the U.S. because of crime in their home country, but the D.C. district court issued an injunction to prevent the Trump administration from differentiating between different types of migrants.

IRLI argues that the D.C. district court relied in its decision on a “United Nations handbook on refugee policy,” which does not bind the federal government or supersede U.S. law.


“For whatever reason, the UN promotes much looser rules for asylum than the ones that prevail in many countries, including our own,” said Dale L. Wilcox, executive director and general counsel of IRLI, in a press release. “Our nation has never accepted the UN rules, and we have never made them part of our law by treaty or otherwise.”

Migrants to the U.S. must meet strict, limited criteria to qualify for asylum.

Migrants must show that they face persecution or substantial fear of persecution by their government on the basis of “race, religion, nationality, membership in a particular social group or political opinion,” IRLI reported.

Despite the UN’s open-border fantasies, U.S. asylum law does not grant refugee status to migrants “in general conditions of strife, such as crime, poverty and other societal afflictions.”

An April report by IRLI, however, revealed that corrupt authorities within the UN High Commission for Refugees were rubber-stamping refugee eligibility from their own resettlement camps.

All the while Secretary–General António Guterres has actively pushed for broader refugee definitions that would include not only victims of war and violence, but also natural disasters—and even climate change.

“It is thus fatal to the district court’s whole ruling that the court relied on this UN handbook to overrule the Attorney General,” Wilcox said.

“The American people govern themselves, and it follows that only United States law is authority in United States courts,” he said. “We trust this glaring error will be corrected on appeal, and clarity and sanity returned to our overstressed asylum system.”