Posted on 11/19/2015 7:30:59 AM PST by SeekAndFind
Writing in NRO, Andrew McCarthy has a brilliant exposition of what U.S. law actually says about admitting refugees. Not surprisingly, he makes Obama look like a fool.
Under federal law, the executive branch is expressly required to take religion into account in determining who is granted asylum. Under the provision governing asylum (section 1158 of Title 8, U.S. Code), an alien applying for admission
must establish that … religion [among other things] … was or will be at least one central reason for persecuting the applicant.
Moreover, to qualify for asylum in the United States, the applicant must be a “refugee” as defined by federal law. That definition (set forth in Section 1101(a)(42)(A) of Title , U.S. Code) also requires the executive branch to take account of the alien’s religion:
The term “refugee” means (A) any person who is outside any country of such person’s nationality … and who is unable or unwilling to return to … that country because of persecution or a well-founded fear of persecution on account of … religion [among other things] …[.]
The law requires a “religious test.” And the reason for that is obvious. Asylum law is not a reflection of the incumbent president’s personal (and rather eccentric) sense of compassion. Asylum is a discretionary national act of compassion that is directed, by law not whim, to address persecution.
There is no right to emigrate to the United States. And the fact that one comes from a country or territory ravaged by war does not, by itself, make one an asylum candidate.
(Excerpt) Read more at americanthinker.com ...
Perhaps our cowardly POTUS hasn’t been reading our Constitution.
The duplicitous speaker of the House is breathtakingly ignorant of the law as well. The depth of his ignorance is so great that Paul Ryan and far too many Republican representatives and senators are determined to serve obama and put the lives of American citizens (including widows and orphans) at risk.
Any Law that Obama doesn’t agree with he ignores even after swearing an Oath twice
Paul Ryan needs to have this information also.
Yet he claims to be aconstitutionsl scholar.
Yes, it’s all about being on the right side of history. Who needs law?
In addition, obama has established a religious litmus test on the admission of these refugees by insisting that they be mostly muslims. It will be telling to see how many of the future denials of asylum requests will be for Christiana.
Recall, for example, his drooling desire to deport the German Christian family facing persecution in the home country for wanting to home school their children.
Technically the law doesn’t do anything to say ‘Yes Christians, No Muslims..” The way Daesh (or any Sunni-Shite conflict) runs things, most Muslims are targets because they aren’t Muslim enough, wrong Muslim type, etc. So they’d still, technically, fall under the religiously persecuted argument.
Our lawyer prez need to do some reading of laws.
BTTT
During the 50s immigrants were required to swear a loyalty oath affirming they were not members of the communist or nazi party or adovocated the overthrow of our government
Hahahaha. Thanks, I needed a laugh.
The text that McCarthy cites states that “To establish that the applicant is a refugee within the meaning of such section, the applicant must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for persecuting the applicant.”
Further, “The term “refugee†means (A) any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion”
There is a “religious test” insofar as the threat of persecution on the basis of one’s religion is a factor which can be cited in seeking asylum as a refugee. But it says nothing about any test of the professed religion itself.
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