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Recent Developments in Health Law
Published online by Cambridge University Press: 01 January 2021
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- Recent Developments in Health Law
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- Copyright © American Society of Law, Medicine and Ethics 1993
References
References
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Haitian Centers Council, 1993 U.S. Dist. LEXIS 8215 at * 14–15. Rees's memorandum explained the details of this new policy. “Any person ‘screened-in’ as a possible refugee who has been determined to have a communicable disease that is not curable should be given an interview to determine whether he or she is a refugee [within the statutory definition]. In the case of a Haitian national in Guantanamo, this definition requires a finding that the person is unable or unwilling to return to Haiti because of a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. This finding is identical to that required to grant asylum or refugee status. The interview should therefore be identical in form and substance, or as nearly so as possible, to those conducted by asylum officers to determine whether asylum should be granted to an applicant already in the United States.” Id. (quoting Memorandum of Grover Joseph Rees, February 29, 1992).Google Scholar
Id. at *16. Although attorneys are regularly present at asylum interviews in the United States, the INS refused to permit counsel for the screened-in plaintiffs' second interviews. At trial, an INS official explained that they refused the Haitians counsel because the lawyers would only emphasize the positive elements of the applicants' cases and downplay the negative elements. Id. The court found that “lawyers serve a necessary and useful purpose in representing an asylum seeker in connection with a well-founded fear of return interview…. The Government's decision to deny Plaintiff Haitian Service Organizations access to Camp Bulkeley is based solely on the content of what they had to say and the viewpoint they would express.” Id.Google Scholar
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