Refugees get caught up in legal minefield - World - smh.com.au

WASHINGTON: The number of refugees admitted to the US fell 23 per cent this year because of provisions in two anti-terrorism laws that have reduced the number of refugees resettled, State Department officials said. The laws, the USA Patriot Act and the Real ID Act, deny entry to anyone who belongs to or has provided material support to armed rebel groups, even if that support was coerced and even if the armed groups fought alongside US troops or opposed authoritarian governments criticised by the Bush Administration. (via New York Times)

It is poorly constructed law, but there appears to be no discretion to override it which is a common trend in immigration/refugee law. These days, the executive branch of power (ie politicians) seem to take more care in closing off any avenue for judicial review than in the actual construction of the terms in the first place. Even if the intentions are good, it is rare to find a law that doesn’t need some kinks worked out by the judiciary. There will always be unintended effects and harms, if the judiciary isn’t able to use its discretion at the time, victims will be inevitable.

, ,