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I.N.S. V. AGUIRRE-AGUIRRE: ASYLUM FOR POLITICAL OFFENDERS (CRS Report for Congress)

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Release Date Oct. 16, 1998
Report Number 98-855
Report Type Report
Authors Larry M. Eig, American Law Division
Source Agency Congressional Research Service
Summary:

The Supreme Court has agreed to consider I.N.S. v. Aguirre-Aguirre, a case that focuses on granting asylum to participants in political protests and uprisings. Under the Immigration and Nationality Act, an alien who commits a serious nonpolitical offense abroad is barred from asylum in the U.S., but there is controversy over applying this bar to politically-motivated common crimes, such as assault and destruction of property. In addressing this controversy, the Court may decide how political conditions in a foreign country are to affect our standards for protecting dissidents who commit crimes as part of their political activities. Also at issue is how closely courts may examine administrative determinations on what crimes constitute disqualifying offenses.