Jacqueline Brown (University of San Francisco – School of Law) has posted Producing Exiles Through Withholding of Removal Abuse, Third Country Removals, and Asylum Cooperative Agreements: The Theological and Legal Failure of U.S. Asylum Policy (Southwestern Law Review, Vol. 55, pp. 263-305) on SSRN. Here is the abstract:
In the aftermath of World War II, the international refugee protection regime promised to end exile through integration and belonging. Yet contemporary U.S. asylum law systematically produces new exiles rather than ending displacement. This Article traces how biblical and early Christian traditions understood exile as a fundamental wrong demanding remedy—never permanent liminal displacement—and how the 1951 Refugee Convention once reflected this moral imperative. This Article demonstrates how withholding of removal abuse, third-country removals, and Asylum Cooperative Agreements in the United States betray both international legal obligations and the theological tradition that many Christian policymakers in the United States claim as foundational. It argues for recognition of a “right against exile” implicit in refugee law and calls for reorientation toward its original moral and legal purpose.
To receive new posts from Legal Theory Blog by email, get a free subscription to Legal Theory Stack.
Lawrence Solum