The crisis in America’s asylum system has its roots in the Refugee Convention of 1951’s “non-refoulement” obligation to not return aliens to their persecutors. Paradoxically, the Convention’s drafters emphatically rejected the notion of adding a right to asylum.
Nevertheless, the non-refoulement obligation itself is in many cases indistinguishable from a right to asylum because of the difficulty of finding third countries willing to accept aliens who claim to fear persecution.