European court backs Spain on express migrant deportations
Notable Attorneys
The European Court of Human Rights on Thursday backed Spain’s express deportation of two African migrants back to Morocco from a Spanish enclave in northwest Africa as part of a mass expulsion.
The court’s grand chamber ruled that there had been no violation of two articles of the European Convention on Human Rights.
The case was taken by a Malian and an Ivorian with the support of the European Center for Constitutional and Human Rights, or ECCHR.
The two men, along with several dozen others, crossed the high three border wire fences separating the Spanish enclave of Melilla from Morocco in August 2014. They were caught by Spanish police and immediately returned to Morocco.
Human rights organizations have long criticized express deportations. They claim that migrants are denied the opportunity to apply for asylum and an assessment of the risks they face if expelled.
The European court had initially condemned Spain in October 2017 for the case and concluded that the so-called summary returns from the Spanish North African enclaves of Ceuta and Melilla to Morocco were in violation of the European Convention on Human Rights. Thursday's ruling followed an appeal by Spain.
The appeal chamber said the migrants had “placed themselves in an unlawful situation when they had deliberately attempted to enter Spain as part of a large group and at an unauthorized location, taking advantage of the group’s large numbers and using force.”
It said “they had thus chosen not to use the legal procedures which existed in order to enter Spanish territory lawfully.”
Ceuta and Melilla are the European Union’s only land borders with Africa, Each year thousands of migrants, most of them from sub-Saharan countries, try to scale the fences to make it into Spain in the hope they won’t be returned and may get asylum.
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USCIS changed the processing location for certain Form I-730, Refugee/Asylee Relative Petition, filings. Previously the Service Center Operations Directorate processed these filings. Now, the International Adjudications Support Branch (IASB) in the Refugee, Asylum, and International Operations Directorate will process the petitions filed by individuals who were admitted to the United States as refugees. Petitioners and/or accredited representatives who file refugee-based Form I-730 petitions will receive further instructions when IASB receives their filings. Form I-730 petitions filed by persons granted asylum will not be affected by this change. The mailing instructions for Form I-730 remain the same. Petitioners should continue to follow the Where to File directions on the Form I-730 page. This policy update is consistent with the Department of Labor’s (DOL’s) Standard Occupational Classification system. DOL defines economists as people who conduct research, prepare reports, or formulate plans to address economic problems related to the production and distribution of goods and services or monetary and fiscal policy. Economists may collect and process economic and statistical data using sampling techniques and econometric methods.