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Immigration Article of the Day: NIMBYism at the Border by Haiyun Damon-Feng

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Haiyun

Check out NIMBYism at the Border by   (and here) on the Harvard law Review Blog.  It begins:

Asylum law has a major NIMBY problem, and the Biden Administration’s newly proposed asylum ban is poised to be an extreme manifestation of it.

NIMBY, or “Not In My Backyard,” refers to movements by land owners or residents opposing new development or use of the land or resources they view as within their domain. On February 21, 2023, the Department of Homeland Security and Department of Justice jointly proposed regulations that would allow for the rapid deportation of asylum seekers on the theory that if a person traveled through another country before arriving in the United States, then they are that other country’s problem. These regulations are a variation on previous Trump-era policies that have been deemed unlawful by federal courts in California and the District of Columbia, and many scholars and advocates, including myself, have argued that policies like the asylum ban violate the United States’ obligations under both domestic and international law.”

KJ