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April 18, 2019

ABA Legal Fact Check explores legalities of asylum amid claims the U.S. is "full"

WASHINGTON, April 18, 2019 — If the U.S. is “full,” as some recently suggested, can it still accept additional immigrants who are seeking refugee status or asylum?

A new ABA Legal Fact Check posted today notes that under U.S. law and international accords, foreign nationals have certain legal rights for claiming refugee status and asylum, and the numerical limits for entry depend on the status they seek.

The fact check explores Article 33(1) of The 1951 Refugee Convention as well as the Refugee Act of 1980 and how these laws and agreements are not always in agreement, giving U.S. courts a major role in deciding some of these international law issues.

ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to sometimes confusing legal questions and issues. For example, early last year ABA Legal Fact Check explored foreign influence and U.S. elections and whether collusion was a crime.

For coverage of other timely issues in the news, these prior ABA Legal Fact Checks might be helpful:

  • Click here on a president’s emergency powers
  • Click here on the limits of U.S. troops at the southern border
  • Click here on the legal history of U.S. birthright citizenship
  • Click here on what legally constitutes the crime of treason
  • Click here for an ABA Legal Fact Check on under what circumstances, if any, would a president be above the law.
  • Click here for an ABA Legal Fact Check on the authority of a president to issue pardons.

The URL for the site is Follow us on Twitter @ABAFactCheck.

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