Obama Extends Protected Status for Liberians for Twelve More Months

The AP reports that President Obama has issued an executive order extended protection (“deferred enforced departure”) for twelve more months.  Advocates for the extension are pleased.  As I wrote previously, I also support this extension, but for the reasons explained in that longer post, I hope that during this twelve months, some legislative solution can be found, permitting the Liberians who have been here so long and established lives here, to stay.

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Failures of Refugee Law and the Inhumane Prospect of Deporting Settled Liberians from the United States

This semester I am teaching a seminar entitled Comparative Refugee and Asylum Law, and last week, one of my students in that course, Vintee Sawnhey, sent me a link to a news article about the thousands of Liberians who fear deportation from the United States because the “deferred enforced departure” status that President Bush extended to them in September 2007 is scheduled to end on March 31, 2009.  

I should probably preface the rest of this long post by explaining that the article Vintee sent me was especially interesting to me because I worked with many Liberians during and just after law school, at Minnesota Advocates for Human Rights, now called The Advocates for Human Rights.  Most of my work for that organization involved interviewing prospective asylum-seekers, to assess their credibility and the strength of their claims for asylum.  My work there happened from late 1996 through early 1999, and many of our clients were Liberians.  Minnesota has a relatively large population of Liberians.  (You may want to check out the Minnesota Star-Tribune’s really nice website about Liberians in Minnesota.)

Anyway, as Vintee pointed out, the situation of these Liberians is “pretty relevant to some of our current readings” in my asylum law seminar. Indeed, the situation of the Liberians facing possible deportation later this year illustrates two of the most important ideas in the course:  (1) the legal definition of “refugee” does not include people fleeing from generalized civil war conditions, and (2) offering “temporary” humanitarian protection in place of permanent refugee status to such individuals is problematic, because countries experiencing civil war do not become stable very quickly, and human beings build new lives in the meantime.

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Seventh Circuit Week in Review: Cloak and Dagger

The Seventh Circuit had only one new opinion in a criminal case last week: United States v. Latchin (Nos. 07-4009 & 08-1085).  Latchin emigrated from Iraq to the United States in the early 1990’s and became a naturalized U.S. citizen in 1998.  However, documents seized by American forces in Baghdad in 2003 revealed that Latchin was in the employ of the Iraqi government.  The documents indicated that Latchin had been sent to the U.S. as a sleeper agent for the Saddam Hussein regime.  It is not clear whether he ever conducted any covert actitivities once inside the U.S., but, somewhat chillingly, he did manage to obtain a job at O’Hare Airport in Chicago.  In any event, once his connections to Saddam were exposed, Latchin was prosecuted for procuring citizenship illegally by making false statements on his naturalization application in violation of 18 U.S.C. § 1425(a).  He was convicted and then appealed.

The legal issues on appeal were not nearly so colorful as the underlying facts.  Most significantly, the court had to determine what it means to “procure” citizenship through a false statement. 

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