Unformatted text preview:

Exam 3 Human Rights and Refugee Law Results of the Holocaust o Human Rights Law o Refugee Law Refugee Law o Allies liberate German Concentration Camps and found millions of displaced people o State of Israel founded for displaced European Jews o Many countries realize that they had contributed to the death toll because of their refusal to take in Jewish refugees S S St Louis Voyage of the Damned o Ship carrying 900 Jewish refugees from Germany in May 1939 All got visas to go to Cuba o They were headed for Cuba but they were turned away because of the change in government o FDR and U S Coast Guard prevent ship from landing in Florida Ship was forced to return to Europe o Almost all passengers ultimately perish in the Holocaust Refugee Law o Post war spread of communism also leads to refugee flows from behind Iron Curtain o Russian Troops occupy all the eastern Bloc countries creating communism Between 1949 1989 was a huge divide which led to constant refugee flow o The Berlin wall divides a city and the free world U N High Commission for Refugees UNHCR o Specialty to deal with refugees o The UN Refugee Convention created 1951 Refugee Law definition o A refugee is a person outside of their country who has a well founded fear of persecution on account of race religion nationality political opinion particular social group o What the definition excludes Internally displaced people still within their home country People who flee their homeland for economic reasons People fleeing natural disasters People fleeing Generalized violence such as a civil war Must be individualized fear or individualized targeting People who have been safely resettled in a third country What the Refugee Convention Requires o Only one thing To not send refugees back to a country where their life or liberty will be threatened This the cornerstone of refugee law Nonrefoulement The promise to not send a refugee back What the Refugee convention Allows o Refugee camps even permanent ones little tent cities o Repatriation after the threat passes send them back after all threats are passed o Sending refugees to safe third countries paying third countries to take your refugees o Refugee Resettlement U S Policy Refugee status for one year Then permanent residence for 5 years Then citizenship The Refugee law o UN Refugee convention becomes effective in 1951 o U S does not ratify it until 1967 o No implementing legislation until 1980 refugee act Until 1980 refugee decisions in the US were completely political Reflected Cold War policies People fleeing communist countries almost given refugee status almost immediately o People fleeing from countries which were Cold War allies of US almost never given refugee status asylum o US could not admit that our allies committed human rights violations o US backed numerous dictators Argentina Guatemala El Salvador Saddam Hussein Our enemies enemy must be our friend The greatest contrast between Cuba and Haiti o Cubans presumed to be fleeing Communism Are given immediate refugee status wet foot dry foot policy Dry foot automatically given refugee states If they are caught in the water Cuban political lobby the best organized immigrant group in the country united states o Haitians presumed to be fleeing poverty Subjected to interdiction on the high seas president Bush Sr Kennebunkport order If they enter the U S they face deportation Credible Fear Hearing Parole Bond hearing o For those who arrive without immigration documents or with false documents Must prove there is a chance you can qualify as a refugee o Challenges language barrier trauma low level immigration officers o Prospective refugees must next prove They are not a threat to the public They have relatives in the country They can pay a cash bond 3500 If not they are detained until their hearing Asylum hearing o No Jury Just an immigration judge o Department of Homeland Security Attorney o Refugee attorney pro bono or if refugee can afford an 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 o No 6th amendment right of counsel o No 8th amendment protection deportation not considered cruel and unusual secured punishment o Immigrants are not citizens and so do not enjoy the legal rights of citizens Structure of 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 there evidence for their claim Would a reasonable person in their situation fear returning to their homeland If not person is ordered to be deported Asylum hearing Burden of Proof o Asylum seeker must proof either Severe past persecution Or Persecution A well founded fear of future persecution reasonable person standard o When a government or a group the gov t is unable or unwilling to control Death squads rebel group policeman o Inflicts harm upon a person o In order to overcome some characteristic of that person Economic discrimination is NOT persecution Apartheid in South Africa Palestinians excluded from universities Harassment is NOT persecution Rock throwing Damage to property Stolen Laundry or coconuts Valid criminal prosecution is NOT persecution Refusal to serve in military not protected o Unless military service would require committing human rights violations o Or you belong to a religion that advocates pacifism Being a victim of a common crime is NOT persecution Being a victim of generalized violence is NOT persecution The Nexus Requirement o One s fear of persecution must be on account of one of the 5 enumerated grounds Race religion nationality political opinion particular social group How do you get inside the head of your persecutor and prove why harm may be o Challenge for an asylum seeker inflicted upon you o 5 enumerated grounds 1 Race 2 Religion Slavery based on race Persecution of ethnic groups o Armenians in Turkey o Indigenous Mayans in Guatemala Prohibiting membership in a religion o Christians in ISIS controlled areas Persecution of particular religion o Muslims in India Hindus majority o Hindus and Christians in Pakistan Punishing converts to a religion Iran 3 Nationality Can overlap with ethnicity o Persecution of Vitnamese in Cambodia o Persecutions of Kurds in Iraq 4 Political Opinion Opposition to a government anti


View Full Document

FSU CCJ 4938r - Human Rights and Refugee Law

Documents in this Course
Notes

Notes

11 pages

Test 2

Test 2

11 pages

Test 1

Test 1

49 pages

Exam 1

Exam 1

10 pages

Exam 3

Exam 3

11 pages

Notes

Notes

37 pages

Deviance

Deviance

10 pages

Essay

Essay

4 pages

Exam 2

Exam 2

22 pages

Test 2

Test 2

23 pages

Midterm

Midterm

11 pages

Exam 1

Exam 1

29 pages

CHAPTER 1

CHAPTER 1

18 pages

CHAPTER 1

CHAPTER 1

13 pages

Exam 2

Exam 2

22 pages

Notes

Notes

7 pages

Notes

Notes

8 pages

Exam 3

Exam 3

16 pages

Load more
Download Human Rights and Refugee Law
Our administrator received your request to download this document. We will send you the file to your email shortly.
Loading Unlocking...
Login

Join to view Human Rights and Refugee Law and access 3M+ class-specific study document.

or
We will never post anything without your permission.
Don't have an account?
Sign Up

Join to view Human Rights and Refugee Law 2 2 and access 3M+ class-specific study document.

or

By creating an account you agree to our Privacy Policy and Terms Of Use

Already a member?