A Comparative and International Law Perspective on the United States (Non)Compliance with its Duty of Non- Refoulement

Abstract

If there are two groups of individuals who currently have very little support among the American people and legislature, it is surely immigrants and criminals. As a result, the brunt of the 1996 immigration reforms fell hardest upon those with criminal backgrounds. The campaign to reform the immigration laws was sold to the American public as a campaign to expel "undeserving aliens," chief among them the so-called "criminal aliens.' However, this politically expedient reform was executed at the expense of the United States obligation of non-refoulement under the Convention Relating to Refugees. As a result, untold numbers of refugees are now eligible to be returned to certain death and imprisonment because of minor or unproven criminal histories. Every such instance of refoulement will constitute a violation of international law.