Judge: Joe Leeson-Schatz (Binghamton University)
Resolution: This house believes that the borders of nation-states should not prevent the movement of refugees.
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Posted at April 18, 2017 01:47:04AM EST by bennett brown
United Nations High Commissioner for Refugees. "Refugees." UNHCR. United Nations Refugee Agency, n.d. Web. 18 Apr. 2017. <http://www.unhcr.org/en-us/refugees.html>.
Ghoshray, 2007 (Saby, [specializes in Constitutional Law, International Law, Capital Jurisprudence, Military Tribunals, and Cyberspace Law] “Immigration: Both Sides of the Fence: Is there a Human-Rights Dimension to Immigration? Seeking Clarity through the Prism of Morality and Human Survival.” Denver University Law Review, 84 Denv. U.L. Rev. 1151)
Uncut card text:
Exploring the archives of the recorded history of America, we are painfully constrained to find that the focus of immigration restriction of the nineteenth century centered on the stated objective to keep the "poor" and the "huddled masses" out of America's shores using the public-charge criteria and personal-wealth factor. n43 Beginning with the 1882 Chinese Exclusion Act, n44 the exclusionary immigration enforcement continued [*1159] unabated until the 1924 National Origins Quota System. n45 Implicit within these legislations was race-based discrimination designed to stymie the rise of immigration from southern and eastern European countries, which made it increasingly difficult for nordic and northern Europeans to retain their racial majority. n46 In addition, the National Quota System did not have any provision for immigrants from Asian and African countries at all. n47 This racially-asymmetric balance was captured by Harvard Professor, Charles Ogletree Jr., who noted that although the origins-based quota system gave way to the more liberalized immigration policy under the Immigration and National Act Amendments of 1965, n48 the discriminatory effect remained. According to Professor Ogletree, "implicit and explicit racial biases still pervade all four major avenues of legal immigration: family-sponsored, employment-based, diversity and refugee. The family-sponsored and employment-based immigration rules appear to be facially neutral, but per-country ceilings and racial biases in determining eligibility have resulted in fewer immigration visas for people of color." n49 These exclusionary policies were at odds with the United Nations Declaration of Human Rights which categorically states: Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. n50 Race-based discrimination in processing immigrants' entry to the United States has been a constant theme within a broader U.S. immigration [*1160] policy. n51 In sharp contrast to the human-rights ideals of the United Nations Charters, race-based selective enforcement of immigrants has been the predominant norm, as seen in countless illegal raids against legal residents and harassing them for legal documents, n52 selective race-based confiscation of immigrants at checkpoints, n53 unwarranted entry into resident homes n54 in direct violation of the Fourth Amendment's illegal search and seizure provisions, n55 and discriminatory enforcement of the identification requirement of ethnic minorities. n56 Not only do these practices of arbitrary and selective enforcement of federal immigration laws create questions regarding civil rights protection deficiencies, but they begin to develop a total annihilation of a human-rights framework within the American immigration system. While human-rights standards could provide a tool to manage the tension discussed earlier, U.S. policies of raced-based profiling have not only been restricted to law-enforcement officers in charge of federal immigration laws, but they have also developed into a predominant pattern among the consular officials as documented in Olsen v. Albright. n57 Clear consular instructions further corroborate the explicit racial overtones of an existing policy, as it categorically states: "Filipinos and Nigerians have high fraud rates, and their applications should be viewed with extreme suspicion, while British and Japanese citizens rarely overstay, and generally require less scrutiny."
Posted at April 18, 2017 10:48:34PM EST by Sascha Leidecker
Connolly, Kate. "Refugee Crisis: Germany Creaks under Strain of Open Door Policy." The Guardian. Guardian News and Media, 08 Oct. 2015. Web. 16 Apr. 2017.
Bennett, Ph.D. Georgette. "Syrian Refugee Crisis Strains Jordan's Resources." The Huffington Post. TheHuffingtonPost.com, 26 Feb. 2015. Web. 02 Oct. 2015. http://www.huffingtonpost.com/georgette-bennett-phd/syrian-refugee-crisisstrains-jordan_b_6753750.html
Dearden, Lizzie. "Norwegian Intelligence Agency Says Arrival of Refugees Is Increasing National Security Threat." The Independent. Independent Digital News and Media, 24 Sept. 2014. Web. 02 Oct. 2015. http://www.independent.co.uk/news/world/europe/norwegian-intelligence-agency-saysarrival-of-refugees-is-increasing-national-security-threat-10515747.html
Hilton, Steven. “Syrian refugee crisis outstrips international aid”. The Seattle Times, March 28th, 2015. < http://www.seattletimes.com/opinion/syrian-refugee-crisisoutstrips-international-aid/ >
This match has been completed. Show the Decision.
Submitted at April 21, 2017 09:21:49AM EST by Joe Leeson-Schatz
The decision is for the Opposition: Sascha Leidecker
Reason for Decision:
The proposition failed to post their rebuttal video by the deadline, resulting in a forfeit.