On 3 October 2017, the European Court of Human Rights ruled unanimously against Spain in N.D. and N.T. v. Spain, stating that the country had violated the prohibition of collective expulsion (Article 4 of Protocol No.4) and the right to an effective remedy (Article 13) of the European Convention on Human Rights (ECHR). The judgment was issued by the Chamber (first instance) and therefore, is open to appeal to the Grand Chamber, during the three-month period following its delivery.
Tara Nathan, Executive Vice President for Government and Development at Mastercard, has published an interesting short piece on the World Economic Forum website. She joins the current new thinking supporting refugee self-reliance that benefits both refugees and hosting communities. In Nathan’s words: “A new model must create communities in which the forcibly displaced can become self-sufficient faster and can contribute to the economic growth of their host communities.”
The Supreme Court issued an order yesterday regarding President Trump’s revised Refugee Executive Order (EO) that provided comfort to both the Administration and Hawaii, which has challenged the EO. The Court left in place the portion of Hawaii U.S. District Court Judge Derrick Watson’s injunction barring application of the EO to foreign nationals abroad with U.S. relatives such as grandparents, grandchildren, uncles, aunts, nieces, nephews, and cousins.
The State Department has issued guidance regarding the admission of refugees following the Supreme Court's decision in the Trump Executive Order cases. The guidance includes the narrow interpretation of "bona fide relationship with a person" adopted for the visa ban provision (fiancés are in; grandparents are out).
The commentary on the Supreme Court’s decision on the Trump Executive Orders has largely focused on the part of the Orders that imposed the travel ban on six predominantly Muslim countries. Less noticed has been the paragraphs at the end of the decision that discuss the Orders’ suspension of the refugee program.
Here's a thoughtful take from Marty Lederman on the Supreme Court's decision today on the Trump Executive Orders. We will have a post soon on the implications of the decision for the refugee program.
In a June 12 speech to governments and NGOs at UNHCR’s annual consultations on refugee resettlement in Geneva, UN High Commissioner for Refugees Filippo Grandi made a passionate plea for additional resettlement pledges from participating nations. He will likely be disappointed.
President Trump's tweets this morning are truly remarkable and must be giving fits to Department of Justice attorneys--not to mention his Press Secretary and Cabinet Secretaries who have repeatedly asserted that the Executive Orders do not constitute a "ban."
Two items worth noting. First, the State Department has again begun processing for refugee admissions, despite President Trump's Executive Order putting the program on hold and capping admissions for the current fiscal year at 50,000. Second, the Federal Court of Appeals for Fourth Circuit issued a scathing opinion affirming (nearly all parts of) a lower court's preliminary injunction against the revised Trump Order.