Victor Valley College Chapters 5 and 6 Review Questions

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Victor Valley College Immigration Law for Paralegals Professor James Student name: Leslie Cuevas Chapters 5 and 6 Review Questions (50) Chapter 5 – Asylum and Other Related Humanitarian Relief (25) Chapter Review Questions 1. Explain and discuss the sources of law for asylum, including international and domestic law. These sources provide the foundation for determining the rights and obligations of individuals seeking asylum and the duties of states in granting protection. International Law: a. 1951 Refugee Convention and its 1967 Protocol: The Refugee Convention is the cornerstone of international refugee law. It defines who qualifies as a refugee and outlines their rights, including the principle of non-refoulement, which prohibits the return of refugees to a country where they may face persecution. The Protocol expanded the scope of the Convention's application. b. Universal Declaration of Human Rights (UDHR): While not specifically focused on refugees, the UDHR recognizes the right to seek asylum from persecution. It upholds principles such as the right to life, liberty, and security of person, as well as the right to a fair hearing. c. International Human Rights Treaties: Various human rights treaties protect the rights of individuals, including those seeking asylum. Examples include the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). Domestic Law: a. National Constitutions: Many countries have provisions within their constitutions that address the right to seek asylum and the treatment of

refugees. These provisions vary across countries and may grant different rights and protections. b. Immigration and Asylum Laws: Each country has its own set of laws and regulations that govern the process of seeking asylum, including the criteria for eligibility, procedures for application, and rights and obligations of asylum seekers. c. Case Law: Judicial decisions interpreting and applying international and domestic laws related to asylum can also serve as sources of law. These decisions help clarify legal principles and provide guidance for future cases. Regional Conventions: a. European Convention on Human Rights (ECHR): The ECHR protects fundamental rights and freedoms within Europe, including the right to seek asylum and protection from inhuman or degrading treatment. b. African Charter on Human and Peoples' Rights: The charter guarantees the right to seek asylum from persecution and the right to a fair hearing within the African context. 2. Explain and discuss the asylum procedure. 1. Arrival and Registration: The first step is for the asylum seeker to arrive in the country where they wish to seek asylum. Upon arrival, they are typically required to register with the relevant authorities, such as immigration or asylum offices. Registration involves providing personal information and stating their intention to seek asylum. 2. Application Submission: After registration, the asylum seeker is usually required to submit an asylum application. The application form may require providing detailed information about the individual's identity, background, reasons for seeking asylum, and any supporting evidence they may have. 3. Interview and Screening: Once the application is submitted, the asylum seeker usually undergoes an interview or screening process. This interview aims to gather additional information about the individual's asylum claim, including the reasons for leaving their home country and the basis for seeking protection. The interviewing officer or asylum officer may also assess the credibility of the asylum seeker's claims. 4. Background Checks and Documentation Review: During the asylum procedure, authorities conduct various background checks to verify the identity and credibility of the asylum seeker. This may involve checking their fingerprints against immigration and security databases,

reviewing any available documentation, and conducting investigations if necessary. 5. Refugee Status Determination (RSD): The RSD process involves assessing the asylum claim to determine if the individual qualifies for refugee status under the relevant legal framework. This process may be conducted by specialized asylum officers or by quasi-judicial bodies. It typically considers the individual's well-founded fear of persecution on the basis of race, religion, nationality, political opinion, or membership in a particular social group. 6. Appeal and Review: If the asylum application is rejected, most countries provide a mechanism for appeal or review. This allows the asylum seeker to challenge the decision and present additional evidence or arguments to support their claim. The appeal process may involve administrative review, an independent tribunal, or a specialized court. 7. Granting or Denial of Asylum: Based on the outcome of the RSD process and any subsequent appeal, a decision is made to either grant or deny asylum. If asylum is granted, the individual is recognized as a refugee and provided with legal protection and rights, including the right to reside and work in the host country. If asylum is denied, the individual may be required to leave the country or may be eligible for other forms of protection, such as subsidiary protection or temporary stay on humanitarian grounds. 3. Explain and discuss the migrant Protection Protocols and Title 42 The Migrant Protection Protocols (MPP), also known as the "Remain in Mexico" policy, and Title 42 are two measures implemented by the United States government concerning immigration and asylum at the southern border. Migrant Protection Protocols (MPP) was introduced in January 2019 as a policy aimed at managing the flow of migrants arriving at the U.S.- Mexico border. Under this policy, certain individuals who expressed a fear of returning to their home countries were returned to Mexico to await their immigration court hearings in the United States. The MPP primarily affected individuals from Central American countries who sought asylum in the United States. In 2021, the MPP was formally terminated by the Biden administration, and efforts were made to process and admit individuals with active MPP cases into the United States for their asylum hearings. Title 42: Title 42 refers to a public health authority under the U.S. Code that allows the government to implement measures to prevent the introduction and spread of communicable diseases into the United States. It has been invoked during the COVID-19 pandemic as a basis for

implementing border restrictions and expelling individuals crossing the border without proper immigration documentation, including asylum seekers. 4. What are the benefits of Asylum Grant? Protection from Persecution: Asylum grant ensures protection from persecution in the home country. It allows individuals to escape from situations where their lives, freedom, or safety are at risk due to factors such as their race, religion, nationality, political opinion, or membership in a particular social group. Legal Status: Asylum grant provides individuals with a legal status in the country where asylum is granted. This status affords them certain rights and protections under domestic laws, including the right to reside and work in the host country. Non-Refoulement: Asylum grant ensures the principle of non-refoulement, which prohibits the return of refugees to a country where they may face persecution or serious harm. This principle is widely recognized under international law and serves as a fundamental safeguard for refugees. Access to Basic Rights and Services: Asylum seekers who are granted asylum gain access to basic rights and services such as healthcare, education, and social welfare programs in the host country. This allows them to rebuild their lives and integrate into their new communities. Family Reunification: Asylum grant may facilitate family reunification. In some cases, family members separated by persecution or forced displacement may be able to join the refugee in the host country through family reunification processes. Path to Permanent Residency and Citizenship: In many countries, asylum grant can serve as a pathway to obtaining permanent residency and, eventually, citizenship. This allows refugees to establish long-term stability, contribute to society, and fully integrate into their adopted country. International Protection: Asylum grant signifies recognition of an individual's refugee status, which carries weight internationally. It establishes that the individual has been found to meet the legal criteria for protection under international and domestic law. 5. Discuss when a temporary protected status and deferred enforced departure can be initiated and what is involved.

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