Abstract
The Trump administration was notorious against refugees in general and refugees from Muslim countries in specific. While the European Union was subject to a refugee crisis at the time due to Arabs fleeing to the European borders in high numbers, Trump wanted to avoid a refugee crisis in the US at any cost, including violating International Refugee treaties and the US Constitution. In this article, we evaluate Trump administration’s policies and executive orders regarding refugees in light of two International Refugee treaties, namely: The Convention against Torture and other Cruel Inhumane or Degrading Treatment (“UNCAT”) and the 1951 Refugee Convention and its 1967 Protocol. Furthermore, this article scrutinizes the Trump administration’s foreign policies that were intentionally aiming at undermining refugees’ protections under International Refugee treaties by defunding a vital Refugee organization such as the United Nations Relief and Works Agency for Palestine Refugees in the Near East (“UNRWA”). Moreover, we argue that Trump did not only breach International Refugee treaties, but also the First Amendment of the US Constitution and two notable US Supreme Court doctrines: The Charming Betsy and the Chevron doctrines. In addition, this article evaluates Biden’s recently adopted executive orders and policies concerning refugees whose purpose was to reverse Trump’s international and constitutional law breaches. Finally, this article offers a constructive criticism of Biden administration’s newly adopted refuge policies, proposing viable legal solutions to the US-refugee dilemma.