Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Thursday, November 26, 2015

McConnell on refugees and religion

As a follow-up to (and big improvement on) my post, a few days ago, on the Syrian-refugee question, check out Michael McConnell, here, who says "Yes, We Should Consider Refugees' Religion:  It's Not Only Fair, It's Written Into Law":  

Americans have heard a lot of nonsense in the past week about the role of religion in our refugee policy – from both sides. Senator Ted Cruz has been derided, mostly justly, for saying that no Muslim refugees – but only Christians – should be admitted to this country from the killing fields of Syria and Iraq. But President Obama’s angry reaction that use of a “religious test” for evaluating asylum seekers would be “shameful” and “not American” is even more wrongheaded. “That's not who we are,” he said to an audience in Turkey, apparently in response to Cruz. “We don’t have religious tests to our compassion.”

Except we do. It’s in the law.

The Immigration and Nationality Act of 1965, which governs these issues, defines “refugee” as someone who has fled from his or her home country and cannot return because he or she has a well-founded fear of persecution on account of “religion” – as well as race, nationality, political opinion or membership in a particular social group. This certainly doesn’t let us use a religious test to filter otherwise-eligible immigrants out. But it does mean that when we’re deciding who to admit as refugees, religion matters.

So, when we think about religious refugees from the war-torn parts of the Middle East, who are we talking about? Right now Christians who are being singled out for religious persecution – beheadings, beatings, rape, forced conversions, enslavement. So also Yazidis, Mandaeans, and a few other smaller groups. Many Muslims are also displaced and suffering, but the Islamic State is not systematically targeting them for being Islamic. Our refugee policy should take that into consideration. This is not a “religious test.” It is a persecution test. . . .

Read the whole thing.

https://mirrorofjustice.blogs.com/mirrorofjustice/2015/11/mcconnell-on-refugees-and-religion.html

Garnett, Rick | Permalink