ASYLUM NOR TEMPORARY REFUGE IS A CUSTOMARY LAW RIGHT.
A number of plaintiffs have attempted to assert the right to enjoy international
temporary refuge has become a peremptory right under the doctrine ofjus
cogens. The federal courts have routinely disagreed. Consistent with this view,
Congress intentionally left this type of relief out of the 1980 Refugee Act.
- U.S. POLICY
a. Political Asylum.
(1)The U.S. shall give foreign nationals full opportunity to have their
requests considered on their merits.
(2) Those seeking asylum shall not be surrendered to a foreign jurisdiction
except as directed by the SECARMY.
(3)These rules apply whether the requester is a national of the country
wherein the request was made or from a third nation.
(4)The request must be coordinated with the host nation, through the
appropriate American Embassy or Consulate.
** This means that U.S. militarypersonnel are never authorized to grant asylum.
b. Temporary Refuge. The U.S., in appropriate cases, shall grant refuge in
foreign countries or on the high seas of any country.
** This is the most the U.S. military should ever bestow.
H. IMPACT OF LOCATION WHERE CANDIDATE IS LOCATED.
- IN TERRITORIES UNDER EXCLUSIVE U.S. CONTROL & ON HIGH
SEAS:
a. Applicants will be received in DA facilities or on aboard DA vessels.
b. Applicants will be afforded every reasonable protection.
c. Refuge will end only if directed by higher authority, "through the
SECARMY."
d. Military personnel may notgrant asylum.
