The language and structure of the statute the Department of Homeland Security claimed as authority lead to the conclusion that the provision cannot be applied to asylum seekers.
Andrew Patterson is a second-year J.D. student at Harvard Law School. Before law school, he served on active duty in the United States Marine Corps. He holds a bachelor’s degree from the University of Chicago in Near Eastern languages and civilizations.
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Several legal aid organizations filed a class-action lawsuit on Feb. 12 in New York challenging the U.S. Immigration and Customs Enforcement practice of denying in-person hearings to immigrants.
The Trump administration signals compliance with non-refoulement by instituting a process that imposes an unprecedentedly high burden of proof for those who fear persecution in Mexico.