Geographies of ‘lawfare’ and the disappearing pathways to US asylum

Abstract Political asylum is central to the Trump administration's depiction of the United States as a nation under siege and features prominently in the promised offensive against the immigration system. Using the concept of ‘lawfare’, this paper explores specific, less visible tactics the Trump administration will likely use to ‘legally’ circumscribe the scope of asylum, including (1) using the Attorney General's ability to act retroactively and overturn standing precedent through ‘referral and review’, and (2) appointing federal judges at record levels. In addition to overt attempts to end asylum, these tactics may be used to dramatically rescind political asylum protection.

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Institutions

Publication Details

Journal
Geographical Journal
Published
2025-05-01
DOI
https://doi.org/10.1111/geoj.70016
Citations
2
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
31.97

Funders

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article

Geographies of ‘lawfare’ and the disappearing pathways to US asylum

Cynthia S. Gorman
2 citations
Geographical Journal
Judicial and Constitutional Studies
31.97
article

Geographies of ‘lawfare’ and the disappearing pathways to US asylum

Cynthia S. Gorman
article en
2 citations

Abstract

Abstract Political asylum is central to the Trump administration's depiction of the United States as a nation under siege and features prominently in the promised offensive against the immigration system. Using the concept of ‘lawfare’, this paper explores specific, less visible tactics the Trump administration will likely use to ‘legally’ circumscribe the scope of asylum, including (1) using the Attorney General's ability to act retroactively and overturn standing precedent through ‘referral and review’, and (2) appointing federal judges at record levels. In addition to overt attempts to end asylum, these tactics may be used to dramatically rescind political asylum protection.

Geographical JournalVol. 191(4)
West Virginia University (US)
Johns Hopkins University
Openalex Percentile: Top 1%
Judicial and Constitutional Studies
31.97
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