Study Guide for Exam Three How refugee law evolved after WWII Allies liberate German concentration camps Millions of displaced persons at end of war Many countries realize that they have contributed to the death toll because of their State of Israel founded for displaced European Jews refusal to take in Jewish Refugees Postwar spread of communism also leads to refugee flows from behind iron curtain Russian troops occupy Eastern Bloc countries Berlin Wall divides a city and the free world U N High commission for refugees UNHCR created U N refugee convention created 1951 The voyage of the St Louis S S st Louis voyage of the demand Ship carrying 900 Jewish refuges from Germany in May 1939 Headed for Cuba turned away FDR and U S Coast Guard prevent ships from landing in Florida Ship forced to return to Europe Almost all passengers ultimately perish in the Holocaust The legal definition of a refugee A refugee is a person outside of their country Who has a well founded fear of persecution On account of o Race o Religion o Nationality o Political opinion o Particular social group What the refugee definition excludes Internally displaced people still within their home country People who flee their homeland for economic reasons People fleeing natural disaster People fleeing generalized violence civil war People who have been safely resettled in a third country have a chance to be safe in another country before reaching the U S The definition and concept of non refoulement Non refoulment not sending people back to a country where their life is in danger French term Cornerstone of refugee law The only thing a refugee convection requires Options a country has in fulfilling the requirements of the UN Refugee Convention Sending refugees to safe third countries Refugee camps even permanent ones Repatriation after the threat passes Refuges resettlement U S policy o Refugee status for one year o Then permanent residence for 5 years o Then citizenship How Cuban and Haitian refugees are treated differently under U S law Cubans Haitians o Presumed to be fleeing communism o Are given immediate refugee status wet foot dry foot policy o Cuban political lobby the best organized immigrant group in the country o Presumed to be fleeing poverty o Subjects to interdiction on the high seas president bush Sr Kennebunkport Order o If they enter the U S they faced deportation What a credible fear hearing is For those who arrive without immigration documents or with false documents o Prove there is a chance you can qualify as a refugee o Challenges language barrier trauma low level immigration officers Requirements in a parole bond hearing for prospective refugees Prospective refugees must next prove 1 They are not a threat to the public 2 They have relatives in the country 3 They can pay a cash bond 3500 If not they are detained until their hearing Rights not given to foreign nationals in immigration hearings What asylum hearings consist of Not jury just an immigration judge Department of homeland security attorney Refugee attorney pro bono or if refugee can afford attorney Limited rights in asylum hearing o No Miranda warnings at time of arrest o No 5th Amendment right to remain silent o No 4th Amendment protection from fruit of the poisonous tree evidence illegally secured o No 6th Amendment right to counsel o No 8th Amendment protection deportation not considered cruel unusual punishment o Immigrants are not citizens and so do not enjoy the legal rights of citizens Structure for asylum hearing o Direct examination cross examination o DHS Trial attorney seeks to discredit refugee or show they are not eligible for asylum o Adversarial hearing o Immigration judge must decide Is the refugee believable Is their evidence for their claim Would a reasonable person in their situation fear returning to their homeland o If not person is ordered deported Asylum hearing burden of proof o Asylum seeker must prove either 1 Severe past persecution 2 A well founded fear of future persecution reasonable person standard The definition of persecution Persecution definition When a government Or a group the government is unable or unwilling to control Inflicts harm upon a person In order to overcome some characteristic of that person Types of harm that do not rise to the level of persecution Economic discrimination is not persecution Apartheid in South Africa Palestinians excluded from universities Harassment is not persecution Rock throwing damage to property stolen items like laundry or coconuts Valid criminal prosecution is not a persecution Refusal to serve in military not protected o Unless military service would require committing human rights violation o Or you belong to a religion that advocated pacifism Being a victim of a common crime is not persecution Being a victim of generalized violence is not persecution The nexus requirement Gender based claims especially harms inflicted upon women now constitute the largest body of asylum claims o Wartime rape o Domestic violence o FGC o Honor killings The five enumerated grounds for asylum and examples of each One s fear of persecution must be on account of one of the 5 enumerated grounds 1 Race 2 Religion Slavery based on race and persecution on ethnic groups Ex Armenians in Turkey Indigenous Mayans in Guatemala Prohibited membership in a religion Christians in ISIS controlled areas Persecution of particular religions Muslims in India Hindus Hindus Christians in Pakistan Punishing convers to a religion Iran 3 Nationality can overlap with ethnicity 4 Political opinion 5 Particular social group Opposition to a government anti communism Opposition to a government policy China s 1 child policy Being a whistleblower Edward Snowden Includes imputed political opinion persecuting someone for a political view they are mistakenly believed to hold Someone thought to belong to a subversive group or to be a government supporter People who share a common immutable characteristic sexual orientation color kinship Or we have a shared experience serving in the military owning land being educated Examples o Members of a Somali clan o Westernized educated Muslim women who oppose wearing the wail o Person who have aids or are hiv positive o Tutsis in Rwanda o Former Child soldiers Asylum applicant must identify their PSG Cannot be too general women Cannot be too specific lesbians with green eyes who smoke and speak ancient Greek At the time the UN drafted the Refugee convention in 1951 this
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