Volume 35
Issue
1
Date
2020

Beyond Credible Fear: Enforcement of The Leahy Law and the Role the Asylum System Should Play

by Ibrahim Ali

The United States faces a difficult challenge of navigating geopolitical affairs while upholding the values and principles that are central to America’s being: democracy, liberty, equality, and the reception of “your tired, your poor, your huddled masses yearning to breathe free. . . .” This is especially challenging considering the dynamic nature of geopolitics and the notion that America’s role in the world cannot always conform fully to its values.

A notable effort to conform U.S. foreign interests to its values is the Leahy Law. Named after outspoken human rights advocate and the bill’s chief spon­ sor, Senator Patrick Leahy (D-VT), the Leahy Law prohibits the U.S. gov­ernment from providing assistance to foreign security units that have committed gross violations of human rights. The law was inspired by efforts to curtail U.S. military aid to Colombia in the late 1990s. During this time, Plan Colombia was coming to fruition. This was a contentious U.S. initiative aimed at curtailing drug trafficking and conflict in Colombia. The plan included providing financial and security assistance to better train law enforcement and encourage economic growth. The U.S. military assistance helped the Colombian government’s struggle against the FARC and various drug cartels. Amnesty International and other human rights organizations raised concerns about alleged violations that the Colombian military and police were committing. These allegations included “collaboration between Colombian security forces and paramilitary groups, as well as ‘false positive cases’ (where civilians were killed by the army and passed as rebel fighters) and abuses by the intelligence services,” all funded, at least in part, by the United States.

Continue Reading Beyond Credible Fear: Enforcement of The Leahy Law and the Role the Asylum System Should Play

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