Gender-based Asylum Claims under International Refugee Law and U.S. Immigration Policy

Abstract

This paper explores the relationship between international refugee law and domestic U.S. asylum policy. In doing so, the inconsistencies in the application between international guidelines and domestic policies are highlighted. Furthermore, besides the inconsistencies between the two bodies of law, this paper will explore the discrepancies of the application in the U.S. owing to the administrative position of the adjudicatory mechanism responsible for asylum/refugee cases in the executive branch. This will be explored through the qualitative analysis of judicial decisions, constitutional frameworks, and other, both international and domestic, legal sources, and evidence. Thus, this paper will demonstrate how international treaties become an authoritative source of law, the evolution and inclusion of gender under intentional law, the incorporation of international legal provisions in U.S. law, and the inconsistent application across different presidential administrations. Conclusively, this paper highlights the necessity for Congress to introduce an independent framework to adjudicate refugee/asylum claims. This will allow for stability and consistency in an area of law tasked with protecting some of the most vulnerable groups of people.