Using Immigration Law to Protect Human Rights: A Legislative Proposal

This Article suggests that the rationale underlying the Nazi persecution and genocide provisions of the Immigration and Nationality Act should be extended to all cases where aliens have participated in gross human rights violations. Quite simply, the logic underlying these provisions applies with equal rigor and intensity to all forms of human rights violations regardless of where or when they took place. Immigration relief is truly a priceless treasure. The United States should not become a haven for those aliens who have violated the most fundamental norms of international human rights law.

Accordingly, immigration relief must not be provided to any individual who has committed human rights atrocities, including acts of slavery, torture, extrajudicial killing, war crimes, crimes against humanity, or other forms of persecution.