Is Asylum FROM the US possible?

[glth]

Due to 'post-991' policies, which are now being implemented in the US, it's become clear to me lately, that there may soon be a large need for Muslims and 'political activists' to begin seeking asylum, OUTSIDE of the US, due to political and religious persecution. (i.e. being jailed, tortured, deprived of rights, etc, due to one's political beliefs rather than actual 'crimes' committed, as well as 'religious persecution' - as serious discussions are being launched about putting all US Muslims in 'detention camps' etc...and while American society is growing increasingly hostile and violent towards Muslims, in general)

We often hear of people requesting asylum TO the US, due to similar violations in other countries, however, is there any system of law in place, to help people seek asylum FROM the US, when similar violations begin to occur here?

Also, is it possible for people to seek asylum from the US, when they are being wrongfully imprisoned for other reasons besides political or religious? (such as when it's a case of being wrongfully imprisoned, for ANY crime - most especially when it's clear a miscarriage of justice has taken place, and the person is dealing with corruption in law enforcement, government, and the judicial system, and their legal rights have clearly been violated?)

I would like to know if there are any resources currently available, for people who might need this option?

[glth]

Due to 'post-991' policies, which are now being implemented in the US, it's become clear to me lately, that there may soon be a large need for Muslims and 'political activists' to begin seeking asylum, OUTSIDE of the US, due to political and religious persecution. (i.e. being jailed, tortured, deprived of rights, etc, due to one's political beliefs rather than actual 'crimes' committed, as well as 'religious persecution' - as serious discussions are being launched about putting all US Muslims in 'detention camps' etc...and while American society is growing increasingly hostile and violent towards Muslims, in general)

We often hear of people requesting asylum TO the US, due to similar violations in other countries, however, is there any system of law in place, to help people seek asylum FROM the US, when similar violations begin to occur here?

Also, is it possible for people to seek asylum from the US, when they are being wrongfully imprisoned for other reasons besides political or religious? (such as when it's a case of being wrongfully imprisoned, for ANY crime - most especially when it's clear a miscarriage of justice has taken place, and the person is dealing with corruption in law enforcement, government, and the judicial system, and their legal rights have clearly been violated?)

I would like to know if there are any resources currently available, for people who might need this option?

[keska]

Of course, it's legally possible for someone from the U.S. to seek asylum in another country. I imagine it's rather difficult for someone to prove persecution, however. In order for countries not to be overwhelmed with asylum seekers, the standard for what constitutes persecution can be fairly high. At least in U.S. law, it wouldn't generally cover acts of discrimination unless they were severe.

The bases for asylum in most countries are defined by the 1951 Convention and they cover race, religion, nationality, political opinion, and membership in a particular social group. Some countries have expanded versions, such as countries in L. & S.America which have signed onto the Cartegna Declaration. While it's not binding on states, the definition of refugee is slightly broader b/c it also has a ground for massive violations of human rights in addition to the 5 grounds in the '51 Convention. But, can you really someone going to one of those countries and claiming the US committed massive human rights violations? No country would want to grant b/c it would be like an admission that many of their own state practices are persecutory.

The African Charter also has a broader defintion, which includes claims for asylum on account of foreign aggression and serious disturbances of public order (i.e. war).

So technically, the possibility is there but proving that someone merits asylum would be tough.

In all asylum claims, the motivation for the persecution must be linked to the one of the grounds I just discussed. If the government put someone through a trial or whatever because they think he broke the criminal law, and the law has nothing to do w/one of those grounds (religion, political opinion, etc), then he cannot qualify as an asylum seeker. As long as they weren't motivated by your religion, race, nationality, political opinion, or social group, then he'd have no claim. Even if they were motivated by one of those factors, he'd still have to show the actions amounted to persecution.

Now, signatories to the Convention against Torture basically agree they will not deport someone back to a country where they will be subjected to torture. In U.S. law, this is a very high standard. The applicant would have to show that it is more likely than not that he would be tortured if returned.

BTW, there are no serious discussions in political circles about putting all Muslims in the U.S. in detention camps. Get a grip on reality. Yes, the Government went overboard with questioning after 9/11 and it has changed its policies (e.g. it ended special registration) because it realized it was unproductive. It was especially unfortunate that so many people who were questioned had immigration violations, which provided the government with a reason for being able to detain many of them. Yes, the Government looks more closely at Muslim immigrants and travellers. That happens to be reasonably related to issues of national security (i.e. it's generally not Catholics who are spreading terrorism propaganda against the U.S.). People are concerned about maintaining civil rights. It's going to take some time for these issues to work their way through the courts. In many asylum cases, the immigration courts will look to whether the applicant tried to resolve issues through legal means within their home country, if that is possible.

As for hate-based crimes, there are laws against those and, to my knowledge, no one has accused the government of failing to investigate those crimes to fullest extent possible. Because law enforcement criminalizes, investigates, prosecutes and punishes hate-based crimes, being a victim of one would not be a basis for claiming asylum in another country. Asylum covers only persecution committed by state actors or private actors which the state refuses to control (or absolutely cannot control).

[Paddy]

what a f u c k i n g stupid post. If you don't like it here then f u c k off dumb a s s. I am sick of you bloody people s h i t i n g on this great nation. Go live in Saudi Arabia and then you'll see just how high up on the priority list the saudis put human rights.

[SunDevilUSA]

I agree with Paddy.

[SunDevilUSA]

I am a Permanent Resident of the United States, and every day I am grateful that I am able to live forever in the best country in the world. Next year, I will be able to apply for my American citizenship. I will be so proud when I am legally an American. Right now, as a Permanent Resident, I consider myself to be an American in my heart. I love America, and I just don't understand anyone who doesn't love America also.

[SunDevilUSA]

For those who don't love America, for those who won't assimilate or learn our language...don't let the door hit you on your way home to the Third-World "paradise" that you wax lyrical about when you're wearing your rose-colored spectacles.

In most instances, said "paradise" is a destitute village in the middle of nowhere, or some poverty-stricken large city comprised mostly of slums.

[LookingForAnswers]

Nice to see that those who understand the LEAST about America are the ones that post on this board.

If you don't like America - vote and change America. Might be a shock to some people, but the US is a FREE country - meaning anyone is free to complain, disagree with, and generally dislike things that are going on. We don't have to leave, we don't have to agree , we don't HAVE to do anything but pay taxes and die.

If you think that people who disagree should leave, you're thoughts are more inline with China's or Cuba's. My thoughts are that YOU should leave and go to a place that really forces you to agree - just like you want it.

[Still Learning]

Actually, Looking, your post is as ridiculous as the op's. "Nice to see that those who understand the LEAST about America are the ones that post on this board." It's "nice" to see how some people make assumptions, make generalizations, based on a few posts. You contradict your own self.

[marmaduk]

To disagree and being critical with the action of the government is not unpatriotic.

However there're plenty of cowards in this country who swear, curse and discredit everything that USA does, only to turn around and receive aids and other form of assistance from the same govt they curse as if it were the devil reincarnate.

To live in this country doesn't end with "pay tax and die". You've duty and responsibility as well. Its funny how those that show so much disdain to this country, while hiding the name of being critical and upholding justice nevertheless, is also the first one to cross the border to Canada, or come up with thousands of other excuses when the call to serve their country arrived at their doorstep.


There're also those, that after enjoying the freedom and advantages providing in this country, turn around and stab her on the back ala John Walker Lindh and those thousands of ppl that donate to support various Arabs terrorist group or Neo-Nazi, etc, who aims are the destruction of USA. Firing squad will be appropriate for them.

[mohan]

For me this is the most inteligent question someone put on the board. and I disagree with people who are agreed here that question is stupid.

It may be heaven for you but can be hell for other person, Asylum goes for all including america, if you guys don't know then you should hit the International law books.
There is no question about great nation Or worse nation. Its all depends upon individuals situation. CuBa is hell for somepeople who come and seek Status here but In the same time Its heaven for others too. Same things goes to darfur and rawanda where thousands are become homeless or died.