Brigham Young University Prelaw Review


international law, customary international law, refugees, asylum seekers, immigration, resettlement, cap


The policies of the United States regarding refugees and asylum seekers within the past decade have consistently conflicted with international standards, in regards to the 1951 Refugee Convention and the following 1967 Protocol. Especially in recent years, the United States has been producing a line of increasingly exclusive policies and caps that hinder the resettlement process and as a result, has been causing increased violations against the principles listed in Article 14 of the Universal Declaration of Human Rights (1948). The paper analyzes the discrepancy and overlap between international laws and domestic laws in the United States. Especially at a time of a heightened refugee crisis, we propose for better adherence by the United States to the principles of international law regarding refugees and asylum seekers. By exploring different laws, cases, and overall actions taken, this paper hopes to bring into the light the issue of mistreated displaced persons, as well as add to the conversation of the conflicting crossover of international standards and domestic standards in the world where the refugee crisis continues to become a magnified topic.