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

handle is hein.journals/hascq45 and id is 1 raw text is: 


VOLUME 45                       FALL 2017                       NUMBER  1

                            Table of Contents


        In Republics, the great danger is, that the majority may not
    sufficiently respect the rights of the Minority.
                                      - James Madison, 1829


Shining a Light on the Rights of the Most Vulnerable
by Shauna Marshall................1...........................


Trumping  Asylum:  Criminal Prosecutions for Illegal Entry and Reentry
Violate the Rights of Asylum Seekers
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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