Refugee1939-St. LouisTried to go to New York and many other US states, but ended up going back to EuropeMany of them diedThey refer to it as the Voyage of the St. Louis/the Voyage of the Damned1945- CommunismThe enacted the Iron CurtainIdea that there was a free world in the west and communist side in the eastPeople were actually trying to climb the Berlin wall and were shot in the back1951-The UN Convention of RefugeesHad to define a refugee and say what their rights areHad to define what are the obligations of government to refugees that fleeWet foot dry foot idea- you have to touch dry land to be admitted into the country, if you are caught in the water you will be turned around1967- US signs on to the UN Convention of Refugees1. Internally displaced people/ you have to be outside of your home country to qualify2. People just seeking economic improvement/ (better schools for kids, etc.)3. Those fleeing general types of violence/ you have to show that you have a well founded fear individually4. Those fleeing natural disasters (hurricane, earthquake, etc.)1. Countries can keep refugees in camps; don’t have to give them any permanent residence2. Allow the refugee to stay until conditions in their home country improve and then send them back; process of repatriation3. 3rd safe country option; you can send the refugees to another country that is willing to take them in...Also the idea of trade benefits in return for taking refugees of the hands of a particular country4. To accept refugees and give them refugee status for 1 year and then they are eligible to apply for a permanent residence and after 5 years you can apply for citizenship {United States}1. RaceColor of your skinEthnicity2. ReligionIf they prohibit a religionIf they punish people of a particular religion or prohibit it3. NationalityWhen someone is persecuted by their own country because they are from a different nationalityVietnamese were outcast4. Political OpinionWhen you have a political opinion that is not tolerated (if you believed in democracy and it was not tolerated, then you were outcast)Imputed political beliefs; something that the persecutor thinks that you believeYour individual beliefs could lead you to be prosecuted5. PSG Particular Social GroupAny kind of social group to which one belongsConnected to immutable characteristics Immutable characteristic – characteristics that you either cannot or should not have to change(People from a royal family, families in general, HIV Positive individuals, gay and transgendered groups, etc.) (Gender alone is not considered a particular social group)(People from a royal family, families in general, HIV Positive individuals, gay and transgendered groups, etc.) (Gender alone is not considered a particular social group)Have about 15 minutes to explain to the hearing officer what they are afraid ofNo right to a lawyerDone with a low level officerWhere they are actually detained after their credible fear hearing unless they can prove a few credible things4 things you have to show1. Show you have family or friends to stay with2. Show they would not be a threat to the community3. Prove that it is likely you will show up to your hearing4. You have to pay a bond of up to $20,000 in cash and you get it back after your immigration court hearing is completedDone with no jurySingle judgeNot many have a lawyerDefense and prosecutionLife or death hearing2 Parts to the HearingDirect examinationcannot ask leading questionsCross examination the government attorney asks questions and they can ask leading questionsRights they do not have1. No right to the 5th Amendment; you have to testify or it will be held against you2. No right to the 4th Amendment; No protection to search and seizure3. No right to the 6th Amendment; No right to an attorneyBIA says that it is not enough that cultural practices approve of this.Argument was that FGM is not to punish the girl but to enhance herBIA said they are not going to insist that there be Punitive intent.Looked @ Domestic ViolenceNext type of Persecution brought to Courts AttentionRodni Alvarado: Guatemalan WomanSubjected to 20 years of Domestic ViolenceBeat, shot, shocked, and forced abortionFlees to U.SGuatemalan Woman who has endured domestic violence and wishes to flee that violence.BIA denied caseUnlike FGM, domestic violence is not a socially accepted value in Guatemala.Abused women in Guatemala don’t think of them self as a group.A new requirement (know each other and think of yourself as a group)The abusive husband would of only went after his wife, not a group of women.Takes 10 years to get decided (2010)Can BIA create new requirementsAdd Visibility Requirement: When you claim to be apart of a social group, it has to be visible.Slippery Slope Argument seems credible. Domestic Violence could flood Asylum cases.Circumcision: The removal of the tip of the Clitoris.Least intrusive form and the least practiced.Excision: The entire clitoris is amputated.Infibulation: The entire clitoris and most of the labia are cut off.Most severe and most common type (40 day recovery)In shock for most of the daysFGM has raised the issue of Cultural Relativism: Can we actually say that there is a universal prohibition of FGM.1. LegalNotion of HR is only a western notion; when the vast majority of countries that approved the Universal Deceleration of HR in 1941 there were only 56 countries, and now there are hundreds, so how can we say that this binds these other countries?Developing Countries NotionWestern Individualism (Most civil rights that they can claim against a society are a western notion; not a privilege in the Developing countries).Response to Legal Argument1993 in Vienna Austria (HR Conference)Small groups of nation came in to discuss the notion Cultural RelativismSmall countries (non-western countries): Not there to celebrate HRCompromise:All countries agree that HR were UniversalWest (U.S.) had to agree that social, cultural, and economic rights were just as important as civil rights.Women rights pushed this.2. PhilosophicalSays countries and cultures are so different that they are like apples and oranges.Cannot criticize or make valuable arguments against each other. (not even speak)Response to Philosophical ArgumentCountries can actually relate to each other and that cultures never exist in isolation; cultures have always confronted each other.Countries and cultures should be criticized by each other.Ex:// Nazi German
View Full Document
Unlocking...