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Refugee ‘Religious Test’ ... Federal Law Requires It
National Review ^ | 11.18.15 | by ANDREW C. MCCARTHY

Posted on 11/18/2015 9:01:14 AM PST by Behind Liberal Lines

Under federal law, the executive branch is expressly required to take religion into account in determining who is granted asylum.

Under the provision governing asylum (section 1158 of Title 8, U.S. Code), an alien applying for admission must establish that ... religion... was or will be at least one central reason for persecuting the applicant.

Moreover, to qualify for asylum in the United States, the applicant must be a 'refugee' as defined by federal law. That definition (set forth in Section 1101(a)(42)(A) of Title , U.S. Code) also requires the executive branch to take account of the alien's religion: The term 'refugee' means (A) any person who is outside any country of such person's nationality ... and who is unable or unwilling to return to ... that country because of persecution or a well-founded fear of persecution on account of ... religion ...[.]

The law requires a 'religious test.' And the reason for that is obvious. Asylum law is not a reflection of the incumbent president's personal (and rather eccentric) sense of compassion. Asylum is a discretionary national act of compassion that is directed, by law not whim, to address persecution...

In the case of this war, the Islamic State is undeniably persecuting Christians. It is doing so, moreover, as a matter of doctrine...While there is no question that ISIS will kill and persecute Muslims whom it regards as apostates for refusing to adhere to its construction of Islam, it is abject idiocy to suggest that Muslims are facing the same ubiquity and intensity of persecution as Christians.

(Excerpt) Read more at nationalreview.com ...


TOPICS: Breaking News; Editorial; Foreign Affairs; Government; News/Current Events; Politics/Elections
KEYWORDS: aidandcomfort; aidingandabbetting; aliens; barbarians; bombers; bordersecurity; christianpersecution; christians; deportthemall; elections; enemysoldiers; harboringtheenemy; highcrimes; immigration; infiltrators; invaders; islam; islamicstate; jihad; jihadists; lawlwss; moratorium; muslim; nationalsecurity; noalieninvaders; obama; obamatreason; refugee; refugeereligiostest; refugees; refujihais; religionofpieces; religious; religioustest; ruleoflaw; savages; sendthemback; syria; syrian; terror; terrorists; test; treason; trojanhorse; trump; trumpdoctrine; trumppolicy; whyimportbombers; worldconquest; worlddomination
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1 posted on 11/18/2015 9:01:14 AM PST by Behind Liberal Lines
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To: Behind Liberal Lines
Obama read the law there is a Religious Test
2 posted on 11/18/2015 9:02:52 AM PST by scooby321
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To: scooby321

Come on. Zero doesn’t obey the laws whether he reads them or not.


3 posted on 11/18/2015 9:03:30 AM PST by Behind Liberal Lines (Obama loves America the way OJ loved Nicole)
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To: Behind Liberal Lines

“...whether he reads them or not.”

He can read?


4 posted on 11/18/2015 9:04:46 AM PST by Politicalkiddo ("We have too many high sounding words, and too few actions that correspond with them." Abigail Adams)
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To: Behind Liberal Lines

Good article, Andrew, but I wish this information was written a couple of days ago to BLUNT Obama before he could say anything! As usual, the good guys are a day late and a dollar short.


5 posted on 11/18/2015 9:05:52 AM PST by Ann Archy (ABORTION....... The HUMAN Sacrifice to the god of Convenience.)
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To: Behind Liberal Lines

I got the perfect test.........ham sammich. :)


6 posted on 11/18/2015 9:07:03 AM PST by V_TWIN
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To: Behind Liberal Lines

How about this:

No More “Refugees”

Period


7 posted on 11/18/2015 9:07:57 AM PST by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: Behind Liberal Lines

No Syrians. I don’t care what religion they are.

There should be a moratorium on legal immigration for at least five years so we can sort out who is here.

We cannot afford to assign a FBI agent to every single immigrant when we take in over one million legal immigrants every year.

It’s like conservatives want to lose elections and grow government every time I read one of these “oh the poor christians!” articles.

If you take out all the Christians from an Arab country, then you get Lebanon all over again.


8 posted on 11/18/2015 9:11:48 AM PST by Read Write Repeat (Not one convinced me they want the job yet)
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To: Behind Liberal Lines
it is abject idiocy to suggest that Muslims are facing the same ubiquity and intensity of persecution as Christians.

Well I have yet to see Obama demonstrate that he is very smart.

9 posted on 11/18/2015 9:17:39 AM PST by plain talk
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10 posted on 11/18/2015 9:20:52 AM PST by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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To: DJ MacWoW

Rush lead off his show with this article


11 posted on 11/18/2015 9:31:19 AM PST by scooby321
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To: Behind Liberal Lines
Someone ask NATO ally, what happened to all the Christians in Anatolia, Turkey? The birthplace of the word that defines the religion of "Christian".

Turkey, where did all your native born Christian populations go?

12 posted on 11/18/2015 9:32:00 AM PST by Trumpinator (You are all fired!!! TRUMP! TRUMP! TRUMP! TRUMP! TRUMP!)
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To: DJ MacWoW

I like your poster ...but even a simple question ...

why aren’t other Islamic countries accepting the all the Islamic refugees?...


13 posted on 11/18/2015 9:32:43 AM PST by tophat9000 (King G(OP)eorge III has no idea why the Americans Patr a in rebellion... teach him why)
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To: Behind Liberal Lines
Persecution based on religion is merely one factor that can be taken into account.

E.g., the author says:

Under the provision governing asylum (section 1158 of Title 8, U.S. Code), an alien applying for admission must establish that ... religion... was or will be at least one central reason for persecuting the applicant.

The actual, unedited text is:

To establish that the applicant is a refugee within the meaning of such section, the applicant must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for persecuting the applicant.

The full text can be read here:

8 USC 1158: Asylum


14 posted on 11/18/2015 9:33:01 AM PST by snarkpup ("No matter how paranoid you are, you're not paranoid enough." - Susan Modesky)
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To: DJ MacWoW
I like your poster ...but even a simpler question ...

why aren't other Islamic countries accepting the all the Islamic refugees?...

15 posted on 11/18/2015 9:33:29 AM PST by tophat9000 (King G(OP)eorge III has no idea why the Americans Patr a in rebellion... teach him why)
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To: Ann Archy
...but I wish this information was written a couple of days ago ...

Do we have no one, no one at all, watching over these things in government, to protect our nation and 'folks', to know and follow our laws?

It is excruciatingly obvious that Hussein learned COTUS only and primarily to skirt and trash it.

16 posted on 11/18/2015 9:33:31 AM PST by polymuser ( Enough is enough)
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To: polymuser

Not until after the fact.


17 posted on 11/18/2015 9:37:18 AM PST by Ann Archy (ABORTION....... The HUMAN Sacrifice to the god of Convenience.)
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To: polymuser

“””Do we have no one, no one at all, watching over these things in government, to protect our nation and ‘folks’, to know and follow our laws?”””


Nope. The Congress Critters and their staff are far too busy campaigning for the next election than to be bothered with holding the Executive Branch accountable.

Besides, it is no fun to be the police.


18 posted on 11/18/2015 9:38:27 AM PST by Presbyterian Reporter
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To: Behind Liberal Lines

This religious test has been made very difficult to pass. We take in very few religious refugees, whether they’re Christians fleeing the Middle East, Jews fleeing persecution wherever they are coming from, or religious minorities escaping persecution in the subcontinent.


19 posted on 11/18/2015 9:40:16 AM PST by TBP (Nous sommes tout Francais.)
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To: Behind Liberal Lines

That kind of kills it for Ofail.


20 posted on 11/18/2015 9:46:18 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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