Supreme Court Affirms Protection Against Torture

Printable PDF version of press release.

June 2, 2020—The Immigrant Law Center of Minnesota welcomes the decision of the Supreme Court in Nasrallah v. Barr, upholding the right of a noncitizen to appeal an immigration judge’s denial of his claim for protection under the Convention Against Torture. Nidal Khalid Nasrallah is a Lebanese native who is at risk of torture by ISIS and Hezbollah if deported to Lebanon. U.S. and international law say that someone cannot be deported to a country where they will face torture.

ILCM joined in an amicus brief in this case, which argued that, “Immigration judges adjudicate torture claims within an overtaxed system lacking sufficient safeguards against error.” ILCM Executive Director Veena Iyer praised the decision, explaining, “The right to appeal to a federal court is particularly crucial today. With immigration courts overworked and politicized, Nasrallah and others in similar situations need the protection of review by independent federal court judges.”

The Court’s 7-2 decision was written by conservative Justice Brett Kavanaugh, and joined by Chief Justice John Roberts, and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, Elena Kagan and Neil Gorsuch. Only Justices Samuel Alito and Clarence Thomas dissented.

The National Immigrant Justice Center led the alliance of legal service providers that filed the amicus brief. NIJC Director of Appellate Litigation Chuck Roth said, “Today’s Supreme Court decision allows courts to reverse immigration court decisions that wrongly deny torture protection. It confirms the argument we have been advancing for many years. This is an important step toward accountability for immigration court decisions, though it is only a small step toward a return to decency in our immigration system.”

Arrestee Legal Support

We know and recognize that members of our immigrant and refugee communities are protesting in solidarity with George Floyd and his family and opposing injustices in all of our communities. Noncitizens face unique risks when confronted by law enforcement. Please ensure you are aware of your rights and can assert them. If you are a noncitizen and have been arrested and charged as a result of all this, it is critical that you receive good criminal and immigration advice. 

Please contact: 

For protest arrestee legal support, call 612-444-2654. This is a joint project of National Lawyers Guild, Legal Rights Center, and MN Freedom Fund. https://www.facebook.com/nlgminnesota/posts/2624147594358086

Public Defenders Offices:

            Ramsey County: Second District Management Office: Phone: 651-757-1600 Fax:  651-215-0673

Second District Satellite Office: Phone: 651-266-1991 Fax: 651-266-1994

            Hennepin County: Fourth District Management Office: Phone:  612-348-7530  Fax:  612-348-6179

            Other district offices: https://www.pubdef.state.mn.us/districtoffices 

Neighborhood Justice Center: For people in Ramsey, Dakota or Washington counties, please call NJC directly at 651-222-4703 and ask for an intake. Website: https://www.njcinc.org/contact

MN Freedom Fund: If you hear of anyone being picked up who needs help paying bond, refer them to MN Freedom Fund. There is an application online. 

  1. https://minnesotafreedomfund.org/
  2. https://minnesotafreedomfund.org/immigration-bond-referral

University of St. Thomas School of Law Criminal & Juvenile Defense Clinic: Call (651) 962-4961 and inform the staff that you would like to complete an intake for the Criminal and Juvenile Defense Clinic. They are representing people charged with gross misdemeanors, misdemeanors, petty offenses, and delinquency offenses in connection with the protests. You can also apply online at https://stthomas.az1.qualtrics.com/jfe/form/SV_4JDZzyjpbJhOGJD.

Rest In Power George Floyd

We continue to mourn with our community: both the unspeakable tragedy of the killing of George Floyd and the destruction that has touched so many of us. ILCM director Veena Iyer wrote in a letter to staff: 

“I found myself repeatedly coming back to the words of Dr. Martin Luther King, Jr. over the past week and as I drafted this email. As Dr. King stated, America has ‘failed to hear the plight’ of our Black and brown communities. ‘It has failed to hear that the promises of freedom and justice have not been met. And it has failed to hear that large segments of white society are more concerned about tranquility and the status quo than about justice, equality, and humanity. And so in a real sense our nation’s summers of riots are caused by our nation’s winters of delay.’ Dr. King’s analysis of riots has become ubiquitous in the last few days because it is so frustratingly and unconscionably true 50 years later….

“I am deeply saddened by the senseless killing of George Floyd and also by the destruction that has happened across the Twin Cities. The loss of buildings and businesses is difficult, but even more so the loss of what the buildings represent. Lake Street and University Avenue are the lifelines of so many communities of color, particularly our immigrant and refugee communities, and the property damage over the last few days represent the losses of years of equity built up by immigrant business owners and small businesses that feed and clothe their neighborhoods.  I am hopeful that the damage to our building was merely cosmetic, but I recognize that Community Action—which owns the building and provides vital resources to the community—has limited resources and will now have to expend some of those resources on fixing the building instead of helping the people who need it most.

“The destruction must end, but the fight for justice cannot and will not stop. As Dr. King said, ‘Social justice and progress are the absolute guarantors of riot prevention.’ I take great solace in being part of a team that is fiercely and unabashedly committed to fighting for justice for all.”

The Fight for Justice Cannot and Will Not Stop

“George Floyd should be alive today. But he’s not because of gross abuses of power and systems of racism that our society has been built upon. The pain felt by his family and friends and the Black community is deep, real, and frustratingly unrelenting because deaths like this have become ubiquitous. We all can and must do better. 

“At our core, we are committed to justice for all. This commitment impels us to join in the calls for justice for George Floyd. There is no justice for all without justice for Mr. Floyd.”

“We continue to mourn with our community: both the unspeakable tragedy of the killing of George Floyd and the destruction that has touched so many of us. 

“I found myself repeatedly coming back to the words of Dr. Martin Luther King, Jr. over the past week and as I drafted this email. As Dr. King stated, America has ‘failed to hear the plight’ of our Black and brown communities. ‘It has failed to hear that the promises of freedom and justice have not been met. And it has failed to hear that large segments of white society are more concerned about tranquility and the status quo than about justice, equality, and humanity. And so in a real sense our nation’s summers of riots are caused by our nation’s winters of delay.’  Dr. King’s analysis of riots has become ubiquitous in the last few days because it is so frustratingly and unconscionably true 50 years later…. 

“I am deeply saddened by the senseless killing of George Floyd and also by the destruction that has happened across the Twin Cities. The loss of buildings and businesses is difficult, but even more so the loss of what the buildings represent. Lake Street and University Avenue are the lifelines of so many communities of color, particularly our immigrant and refugee communities, and the property damage over the last few days represent the losses of years of equity built up by immigrant business owners and small businesses that feed and clothe their neighborhoods.  I am hopeful that the damage to our building was merely cosmetic, but I recognize that Community Action—which owns the building and provides vital resources to the community—has limited resources and will now have to expend some of those resources on fixing the building instead of helping the people who need it most. 

“The destruction must end, but the fight for justice cannot and will not stop. As Dr. King said, ‘Social justice and progress are the absolute guarantors of riot prevention.’ I take great solace in being part of a team that is fiercely and unabashedly committed to fighting for justice for all.” 

– Veena Iyer, executive director of Immigrant Law Center of Minnesota