forced migration - class 19: beyond...
TRANSCRIPT
Forced MigrationClass 19: beyond asylum
John Palmer
Brooklyn Law School
November 14, 2012
Complementary/Subsidiary Protection
External Protection
Temporary Protection
Complementary/Subsidiary ProtectionECHR
Art. 3:No one shall be subjected to torture or to inhuman or degradingtreatment or punishment.
External ProtectionSafe Havens
Zepa, 13 June 1998. Photo: John Palmer
External ProtectionSafe Havens
Zepa, 13 June 1998. Photo: John Palmer
External ProtectionSafe Havens
Zepa, 13 June 1998. Photo: John Palmer
External ProtectionSafe Havens
Zepa, 13 June 1998. Photo: John Palmer
External ProtectionSafe Havens
Zepa, 13 June 1998. Photo: John Palmer
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
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.
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.
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?