United States, Cardoza Fonseca and Vanderbilt Law School discussed on Life of the Law

Life of the Law
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Justice. As the court. Opinion. Next turns, the problem of what the judicial rose should be. A lot of refugees cut here because they think America as a whole is a safe haven, and they quickly learned the truth after they get introduced to America's immigration system. This is like the law. I'm Nancy Mullane. Immigration law is a mystery unless you're an immigrant seeking relief under the law or you're an immigration law Turney. It's an unknown. But earlier this year, Carla McAndrew professor of immigration law at Vanderbilt law school sent us an E mail her loss students were producing their final reports on immigration and refugee law as audio stories and would life of the Lavi interested in listening to and possibly publishing their work as part of our new voices series. Absolutely. Tony, Gannon, our senior producer and I met with the class for conference call workshop, but they were already well on their way to building their stories. Now, life of the law presents the re of the audio stories produced by the students in professor mcandrew's immigration law class at Vanderbilt University law school. A note. They were not asked to approach their project as journalists. But his lost some of their stories include their perspectives on immigration and refugee law. Our first story comes from Josh mention. He reports that many refugees leave their home country because of a well-founded fear. They will be persecuted if they remain and as Joshua reports, how well-founded fear is defined and interpreted can make a profound difference for individuals seeking refuge in the United States. Well-founded fear by Joshua Minchin. Refugee is someone who is unable or unwilling to return to their country of origin, only twelve well-founded fear of being persecuted for reasons of race, religion, nationality, member of particular, social group, or political opinion is engine to quote than ally, not of which he when he, it got them across the Congo not a Hawaii well-funded fuel, of course. Yeah. Most follow kiss we hot out because of course I was young as five years old end Audi, they know why will leaving contra Fuego litter and tried Las those of Suffiad. But the expression perform at the time, I didn't know what was going on, of course will cared. I want to highlight the fact that there's a lot of literature out there explaining that the United States has. I've been out of compliance with international refugee law since the supreme court decisions of I n s v static. An ISV Cardoza Fonseca came out in the nineteen eighties and we'll talk about those a little more in a few minutes. These issues affect real people. And so today, what I want to do is allows to hear from Quang chill and from quality Tetteh again as they tell us a little bit about their background and how this concept of well-founded fear applies to clients that they work with who are refugees and then will end the program by talking a little bit more about the significance of this non compliance with international law. My name is quote show already guility from sedan. Few is already that in this you then he'll come from idiot, that's has on in war for seventeen Thais by. So this is xactly that people that get into war for so long, they have fear of, no, not knowing what absently that because they went to the lock of things and the ad life people talk about the feelings. And see what they went to war Jones. Eddie s so that if only go into, we've been out here some of the poem over that different back home. My name is Claudia rotated end on one of the health kiss worker here at Nashville international Cynthia for parliament, but I'm originally formed in take your public Congo so EFL most of the Jews I've been dealing, we've some of them have troll mar. They even hate to think about the past. So they still have the fury in deal day everyday life. If they think about the parts will founded fear has two components, an objective and a subjective component objectively. What do we know about the country that this individual is coming from where the particular violence that this individual may have faced or be facing in the country that they came from? And then because of that subjective. Is this particular individual subject to have a well-founded fear from the area that they are coming from now almost universally, if an individual is able to demonstrate this well-founded fear on account of one of the numerous grounds of race, religion, nationality, membership of particular, social group or political opinion. Then that individual is able to essentially take advantage of the rights that are granted to them by international law within the refugee convention than the refugee convention article. One defines refugee in articles, two through thirty four, enumerate particular rights of refugees. However, the United States in two secretion court decisions INS v. step in nineteen eighty four. And I s v Cardoza Fonseca nineteen eighty seven shifted away from international norms in really inter-. National in discussing the INS v static, and I honest v. Carter's fun Seca decisions. Mr James Hathaway he wrote in two thousand that those two decisions essentially determined that there was really only one obligation that the United States under the refugee convention needed to provide refugees in that was of non-refoulement. But he goes on to say that really what the supreme court's view was was that even this non-refoulement under article thirty three, it was really only applicable to individuals not just to meet the definition of a refugee, but to a subset of super effigies able to show a probability of persecution. So he goes on to say

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