U.S. Immigration Policy: Enforcement and Deportation Trump Fair Hearings—Systematic Violations of International Non-Refoulement Obligations Regarding Refugees

Jacob Oakes

Volume 41 - Issue 4, Summer 2016, Page 834

Abstract

This comment discusses the complex issues related to U.S. law and policy with respect to asylum claims of undocumented individuals arriving at the border and its failure to guarantee the internationally-recognized right of many of these migrants not to be removed to face persecution or torture. Part II lays out the basic framework of international refugee law and the corresponding U.S. laws. Part III discusses the current unlawful processes of evaluating asylum claims without a hearing for those crossing the border. Part IV discusses the issue of children as a particularly vulnerable population crossing the border in various contexts. Finally, Part V discusses asylum claim adjudication with respect to current gang-related trends from Central America and Mexico and the various barriers therein.

Cite as: Jacob Oakes, U.S. Immigration Policy: Enforcement and Deportation Trump Fair Hearings—Systematic Violations of International Non-Refoulement Obligations Regarding Refugees, 41 N.C. J. Int'l L. 834 (2016).

Categories: Immigration

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