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45 Hastings Const. L.Q. [i] (2017-2018)

handle is hein.journals/hascq45 and id is 1 raw text is: HASTINGS CONSTITUTIONAL LAW QUARTERLY VOLUME 45 FALL 2017 NUMBER 1 Table of Contents PROTECTING THE RIGHTS OF THE MARGINALIZED In Republics, the great danger is, that the majority may not sufficiently respect the rights of the Minority. - James Madison, 1829 FOREWORD Shining a Light on the Rights of the Most Vulnerable http://bit.ly/2iw2Wnu by Shauna Marshall................1........................... ARTICLES Trumping Asylum: Criminal Prosecutions for Illegal Entry and Reentry Violate the Rights of Asylum Seekers http://bit.ly/2zi2T8M by Natasha Arnpriester. ....................................... 3 Criminal prosecution for the immigration-related infractions of illegal entry and illegal reentry have escalated dramatically under the Trump Administration, which has made targeting immigrants a top priority. This escalation is happening at a time when the population coming to the U.S. southern border is largely seeking safety from persecution and danger. The United States does not recognize asylum as a defense to illegal entry or illegal reentry, and asylum seekers are not excluded from being charged and criminally prosecuted for these infractions, despite U.S. treaty obligations prohibiting this practice. As a result, people coming to the United States to seek asylum-a legal act-are penalized, detained in federal prisons, and in some cases deported back to the persecution and danger that they fled. In addition, criminal prosecution in the United States for these immigration- related infractions flout due process and fairness, despite longstanding precedent

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