How the Firm Resettlement Bar Denies Meritorious Refugee and Asylum Claims
Volume 91, Online
By Allie Y. Roberts [PDF]

This Comment analyzes the firm resettlement bar—a statutory bar that denies asylum if the applicant received an offer of some type of permanent resettlement status in a third country that is not the United States or the applicant’s country of origin—by exploring its history and jurisprudence. This Comment argues that to lessen the risk of denial of meritorious asylum and refugee claims, the list of exceptions to the firm resettlement bar must be expanded to encompass situations where (1) citizens of the third country—not just the third country’s government—placed restrictive conditions on the asylum applicant, (2) fraudulent documents were used to gain entry into the third country, (3) the applicant has temporarily traveled from the third country back to the country of origin for good reason, or (4) the third country becomes dangerous after a formal offer of firm resettlement has been made.

Allie Y. Roberts is a J.D. Candidate, Temple University Beasley School of Law, 2019.