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International Human Rights….close to home
The story of America is the story of Migration. In the Ice Age, people from Asia travelled over the Alleutian Land Bridge. We don’t know why they came here then but it was likely the same reason that immigrants travel here now, for a better life. Welcome to the Land of Freedom," immigrants on board the steamer Germanic. Illustration from Frank Leslie's illustrated newspaper, July 2, Public domain.
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Development of Refugee Rights
Photo by Manu Brabo of Syrian refugees
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The United Nations adopted the Universal Declaration of Human Rights
1948 1948 The United Nations adopted the Universal Declaration of Human Rights
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1948 “Universal Declaration of Human Rights, Art. 14(1)
Everyone has the right to seek and to enjoy in other countries asylum from persecution.” 1951 Convention relating to the Status of Refugees, a refugee defined as someone who: Has a well-founded fear of persecution because of his/her - Race, Religion, - Nationality, - Membership in a particular social group, or - Political opinion; Is outside his/her country of origin; and Is unable or unwilling to avail him/herself of the protection of that country, or to return there, for fear of persecution.
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In the United States this was followed by the Displaced Persons Act of 1948, permitting the resettlement of people affected by WWII. Originally this was a very flawed bill, but with 1951 Amendments, the majority of Jewish survivors of the Holocaust were eligible to emigrate and eventually 400,000 displaced Europeans was admitted to the United States.
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Text of the 1951 Convention Relating to the Status of Refugees
Article 33 prohibition of expulsion or return (“refoulement”) 1. No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.
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1967 Protocol Relating to the Status of Refugees
The 1951 Convention, as a post-Second World War instrument, was originally limited in scope to persons fleeing events occurring before 1 January 1951 and within Europe. The 1967 Protocol removed these limitations and thus gave the Convention universal coverage.
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1968 The U.S. had been obligated by international law to hear asylum claims since 1968 when it signed onto the U.N. Protocol Relating to Refugees, but only a few thousand people applied for asylum in the 1970s. The Department of Justice and INS handled these cases using ill-defined administrative procedures, more often than not rejecting the claims. Most of the admissions reflected cold war policies of admitting people fleeing communism.
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1980 When Congress passed the Refugee Act of 1980, the United States enshrined into domestic law its commitment under international law to protect the persecuted, creating the legal status of asylum and a formal framework for resettling refugees from around the world.
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I’m a lawyer by training
I’m a lawyer by training. Since the mid 1980’s, I’ve been representing immigrants coming to the United States fleeing persecution because of their race, religion, nationality, political opinion or social class. That experience has led me to believe that Immigrants make our best citizens.
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"For over two centuries this nation has been a beacon of hope and opportunity, a place that has drawn enterprising men and women from around the world who have sought to build a life as good as their talents and hard work would allow and generation after generation have come to these shores because they believe in America all things are possible. “ President Barack Obama Sign hanging in Houston Asylum Office
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