Curriculum Guide · Courses

Professor Paul Schmidt

J.D. Course 440 (cross-listed) | 2 credit hours

This course examines international and domestic refugee law and policy. This participatory class highlights practical applications of international refugee concepts to the U.S. legal system, with particular emphasis on refugee-related claims in U.S. Immigration Court. We will learn as a group through focused dialogue, persuasion, issue identification, and concise, well-organized writing on the take-home final examination. After looking at the nature of forced migration, the course focuses on the origins of modern refugee law, the institutional framework of refugee protection, and the history of U.S. refugee policy. We will examine the definition of "refugee" in international conventions and under U.S. law, with emphasis on such topics as: What constitutes persecution? What forms of persecution support an asylum claim? What conduct renders an applicant ineligible for asylum? How does fraud affect the asylum system? How are persons fleeing violence (rather than persecution) treated? We will also discuss overseas refugee processing, procedures for adjudicating asylum claims, rights of asylum seekers, detention, temporary protection for those fleeing civil wars or natural disasters, and the toughest issues facing judges and other asylum adjudicators at all levels of the system. We will consider asylum claims based on gender and domestic violence. Beyond the substantial normal class work, this course requires students to observe 4-6 hours of refugee-related hearings (during normal business hours) at the U.S. Immigration Court in Arlington, Virginia (Crystal City Metro stop).