Brief of the Office of the United Nations High Commissioner for Refugees as Amicus Curiae in Support of Plaintiffs & Affirmance in East Bay Sanctuary Covenant et al v. Donald J. Trump

UNHCR submits this brief out of concern that a recent federal rule, Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations, 83 Fed. Reg. 55,934 (Nov. 9, 2018), when considered alongside Presidential Proclamation 9842, 84 Fed. Reg. 3665 (Feb. 7, 2019), reflects a substantial change to United States asylum policy that, if implemented, would be at variance with three binding international law protections: the right to seek asylum, the prohibition against penalties for irregular entry, and the principle of non-refoulement. UNHCR has a strong interest in ensuring that United States asylum policy remains consistent with the obligations that the United States undertook when it joined the international refugee protection regime, and respectfully offers its guidance on those obligations.