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Forced Migration Class 19: beyond asylum John Palmer Brooklyn Law School November 14, 2012

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Page 1: Forced Migration - Class 19: beyond asylumjohnrbpalmer.com/ForcedMigration/ForcedMigrationSlides_Class19.p… · Forced Migration Class 19: beyond asylum John Palmer Brooklyn Law

Forced MigrationClass 19: beyond asylum

John Palmer

Brooklyn Law School

November 14, 2012

Page 2: Forced Migration - Class 19: beyond asylumjohnrbpalmer.com/ForcedMigration/ForcedMigrationSlides_Class19.p… · Forced Migration Class 19: beyond asylum John Palmer Brooklyn Law

Complementary/Subsidiary Protection

External Protection

Temporary Protection

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Complementary/Subsidiary ProtectionECHR

Art. 3:No one shall be subjected to torture or to inhuman or degradingtreatment or punishment.

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External ProtectionSafe Havens

Zepa, 13 June 1998. Photo: John Palmer

Page 5: Forced Migration - Class 19: beyond asylumjohnrbpalmer.com/ForcedMigration/ForcedMigrationSlides_Class19.p… · Forced Migration Class 19: beyond asylum John Palmer Brooklyn Law

External ProtectionSafe Havens

Zepa, 13 June 1998. Photo: John Palmer

Page 6: Forced Migration - Class 19: beyond asylumjohnrbpalmer.com/ForcedMigration/ForcedMigrationSlides_Class19.p… · Forced Migration Class 19: beyond asylum John Palmer Brooklyn Law

External ProtectionSafe Havens

Zepa, 13 June 1998. Photo: John Palmer

Page 7: Forced Migration - Class 19: beyond asylumjohnrbpalmer.com/ForcedMigration/ForcedMigrationSlides_Class19.p… · Forced Migration Class 19: beyond asylum John Palmer Brooklyn Law

External ProtectionSafe Havens

Zepa, 13 June 1998. Photo: John Palmer

Page 8: Forced Migration - Class 19: beyond asylumjohnrbpalmer.com/ForcedMigration/ForcedMigrationSlides_Class19.p… · Forced Migration Class 19: beyond asylum John Palmer Brooklyn Law

External ProtectionSafe Havens

Zepa, 13 June 1998. Photo: John Palmer

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Temporary ProtectionInter-Agency Task Force

MEMORANDUM

TO: Attorney GeneralSecretary of Homeland SecuritySecretary of StateSecretary of LaborSecretary of Health and Human ServicesNational Security AdvisorDirector for Congressional Relations (ExecutiveOffice of the President)Director of the Office of Intergovernmental Rela-tions (Executive Office of the President)

FROM: White House Chief of StaffRE: Possible temporary protection for refugees who are

not fleeing from persecution on one of the groundsthat qualify under current refugee and asylum law

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Temporary ProtectionInter-Agency Task Force

President requests inter-agency task force to consider whetherAdministration should recommend new legislation to providetemporary protection for people who flee other nations but do notqualify for asylum because they do meet the refugee definition.

This would be a response to criticism that TPS is too limitedbecause it (1) only affects countries designated by Secretary ofHomeland Security, and (2) only covers people already in U.S. attime of designation.

Page 11: Forced Migration - Class 19: beyond asylumjohnrbpalmer.com/ForcedMigration/ForcedMigrationSlides_Class19.p… · Forced Migration Class 19: beyond asylum John Palmer Brooklyn Law

Temporary ProtectionInter-Agency Task Force

President requests inter-agency task force to consider whetherAdministration should recommend new legislation to providetemporary protection for people who flee other nations but do notqualify for asylum because they do meet the refugee definition.

This would be a response to criticism that TPS is too limitedbecause it (1) only affects countries designated by Secretary ofHomeland Security, and (2) only covers people already in U.S. attime of designation.

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Temporary ProtectionInter-Agency Task Force

If working level meeting reaches consensus on proposing newlegislation, it should address:

I who would qualify for status?

I should the new legislation apply only to people from NorthAmerica and the Caribbean?

I what procedures should be used to decide qualification?

I what rights should the beneficiaries enjoy?

I should beneficiaries be denied right to also seek asylum underINA § 208?

I under what conditions and through what procedures shouldbeneficiaries be returned involuntarily when the U.S. deemstheir countries safe for return?