The Trump administration’s attack on immigration lumps together a wide variety of persons attempting to enter the U.S. The catchphrase is “illegal,” the implication being that many of the persons arriving at the southern border lack a legal right to enter. Such an assumption is not correct. If that person claims to be a refugee, then entry is by definition not “illegal.”

According to the Convention Relating to the Status of Refugees of 1955 and its 1967 protocol, a refugee

“… is a person who owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.”

The U.S. has ratified this convention and its definition was incorporated into US law by the Refugee Act of 1980.

According to the convention, the contracting states have specific duties towards refugees such as provide access to courts, respect familial relations, provide identity papers and travel documents.

Contracting states may not impose penalties on refugees who entered without proper documentation in search of asylum as long as they present themselves without delay. They also may not expel refugees nor may they “refoul” refugees, that is forcibly return refugees to the countries from which they fled.

Refugees shall be treated like nationals in relation to practicing religion, elementary education and public assistance among other things.

Finally, refugees shall be treated like other non-nationals in relation to employment, housing, education beyond the elementary level among other things.

The Refugee Act of 1980 limits the annual admission of refugees to 50,000 for the years 1980-1982. Thereafter the president can determine the number of be admitted at the beginning of the fiscal year except in cases of emergency when the number can be increased. That act also includes the provision of non-refoulment.

The Refugee Act also establishes the Office of Refugee Resettlement. Its director is to make available resources for employment training and placement, provide for the opportunity to learn English, insure cash assistance without discouraging economic self-sufficiency, and insure that women have the same opportunities as men.

In short, a person who arrives at the border and claims to be a refugee is not “illegal.” In fact, the Trump administrations attempt to brand these persons as “illegal” is a violations of both international and U.S. law.