U.S.-Canada Asylum Treaty Unconstitutional, Judge Finds, Citing 'Cruel' U.S. Behavior

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U.S.-Canada Asylum Treaty Unconstitutional, Judge Finds, Citing 'Cruel' U.S. Behavior
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For years, refugees seeking asylum at the Canadian border have been turned back because they crossed through another country that offers human rights protections. But now a judge has ruled the U.S. treatment of the refugees violates human rights.

Asylum-seekers walk along Roxham Road near Champlain, N.Y., in August 2017, a popular illegal border crossing into Canada, away from official ports of entry.Asylum-seekers walk along Roxham Road near Champlain, N.Y., in August 2017, a popular illegal border crossing into Canada, away from official ports of entry.In a harsh rebuke of America's treatment of refugees, a Canadian judge has ruled that an asylum treaty with the U.S.

It's a clear penalty imposed on refugees for merely attempting to seek asylum, the judge said."The penalization of the simple act of making a refugee claim is not in keeping with the spirit or the intention of the STCA," McDonald wrote, citing"cruel and unusual detention conditions" upon returning to the U.S.

Nedira Jemal Mustefa, a Muslim woman from Ethiopia, came to the U.S. for medical treatments when she was 11 years old. She entered the country on a visitor's visa and ended up staying for several years, graduating from a Georgia high school in 2015. Mustefa called her time in solitary confinement"a terrifying, isolating and psychologically traumatic experience." She wasn't told how long she would be kept in solitary. She believes the guards were feeding her pork, despite telling them she couldn't consume it for religious reasons. She skipped meals and lost nearly 15 pounds.

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