Blog: Harvard Law School
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September 20, 2021
Court Issues Ruling Aligned with Amicus Brief Submitted by HLS Professors Protecting the Rights of Asylum Seekers During the Global Pandemic
On September 16, a U.S. District Judge granted a preliminary injunction against expulsion of migrant families without any hearing, in response to a lawsuit filed by the American Civil Liberties Union and others.
Previously, the Trump administration had invoked a public health law, Title 42, section 265, as a substitute measure to deport asylum seekers who had entered the United States. The consequence of this alternative procedure was an abandonment of immigration regulations that protect the rights of asylum seekers who may face risk of persecution or torture in their countries of origin. This CDC order resulted in border agents expelling tens of thousands of migrants without taking into account the possibility that they could face irreparable harm if not admitted to the United States.
The Biden Administration has kept this rule in place, despite criticism that the policy improperly relies on the Covid-19 crisis to circumvent legal protections guaranteed to refugees under both U.S. and international laws.
The court’s ruling requires the U.S government to end the Title 42 policy by the end of the month.
The court’s decision is in line with a February 2021 amicus brief submitted by Gerald L. Neuman, Director of the Harvard Human Rights Program, and Deborah Anker, Founding Director of the Harvard Immigration and Refugee Clinic, joined by other prominent scholars of refugee and immigration law. Commenting on the District Court’s decision, Professor Neuman, who is the J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law, observed that “the court’s injunction provides a very welcome correction to the abusive interpretation of public health authority for xenophobic purposes by the Trump administration, and vindicates the statutory and international law commitments of the United States.”
If upheld on appeal, the preliminary injunction will have an immediate and significant impact on the safety of migrants who cross the United States’ southern border. They will remain subject to expedited removal procedures, but with the right to be heard on their need for protection.
The government has already appealed the preliminary injunction, and is seeking to have it stayed by the D.C. Circuit. Neuman plans to participate as an amicus in opposing the stay, and in later phases of the litigation.
August 10, 2021
Posted by Gerald Neuman
Today I have the honor of announcing an exciting new appointment at the Human Rights Program. Dr. Abadir M. Ibrahim has joined our team as the Associate Director of the Human Rights Program. Abadir will bring leadership and experience to the work of the HRP. He will also act as an important liaison between the HRP and other parts of the Law School and the University.
Abadir joins the Human Rights Program from the Legal and Justice Affairs Advisory Council of Ethiopia, where he was the Head of the Secretariat. The Advisory Council is an independent statutory body mandated with advising and providing technical support to the Ethiopian government in the latter’s endeavors to conduct pro-democracy and pro-rights justice sector reforms. In his role as Head of the Secretariat, Abadir oversaw the planning and implementation of the Advisory Council’s mandate. He also provided subject area expertise and participated in law-making processes on topics such as civil society, anti-terrorism, transitional justice, and National Human Rights Institutions (NHRIs) legislation.
Previously, Abadir worked in different roles within the human rights field including as an advocate, as an educator, and a researcher. Abadir’s legal work has focused on African countries, and especially his home country of Ethiopia, and engaged with the African system of human rights. His broader research interests encompass the intersections between global human rights normative structures and non-western cultural/religious institutions and traditions with a special emphasis on normative ethics and religion. He earned his J.S.D. from the Intercultural Human Rights Program at St. Thomas University, School of Law. His dissertation, which was a comparative-historical study of transitions towards democracy, was published under the title of The Role of Civil Society in Africa’s Quest for Democratization.
At the HRP, Abadir will play a substantive and managerial role in innovating and implementing academic activities, including the speaker series, conferences, and the Academic Program’s various fellowships.
We welcome him warmly and look forward to your meeting him soon.
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