If you are a foreign national who is seeking to gain legal status in the United States you might be concerned about recent statements from the incoming US Presidential administration regarding a crackdown on immigrants to the US. A Red Notice is an international alert issued by INTERPOL communicating that someone accused of a serious crime is wanted by the country making the request to INTERPOL. Any Red Notice issued against you should be taken seriously if you are a refugee or an asylum seeker, as it may complicate your immigration application. Fortunately, many refugees and asylum seekers can claim political exceptions to a Red Notice. However the process of battling these legal hurdles can be complicated. An experienced Red Notice and Extradition attorney can advise you on your options.
The impact of Interpol Red Notices on refugees and asylum seekers is significant, affecting their legal status and safety.
Challenges in Asylum Applications:
Red Notices can complicate asylum applications by casting doubt on the applicant’s character. For instance, when a Red Notice is issued, it may lead immigration authorities to assume that the individual has committed a serious non-political crime, which can result in the rejection of their asylum claim. In the U.S., the Eighth Circuit Court ruled that a Red Notice alone does not constitute sufficient evidence of criminal activity, thereby providing some protection for asylum seekers.
Increased Scrutiny and Risk of Extradition:
Asylum seekers with active Red Notices face heightened scrutiny during their application processes. This can lead to arrests based on the notice, even though a Red Notice is not an arrest warrant per se. The risk of extradition looms large, particularly if the requesting country has a history of human rights violations against the individual.
Legal and Reputational Consequences:
The existence of a Red Notice can damage an individual’s reputation and complicate their legal standing in the host country. It may lead to additional legal battles to contest the notice while simultaneously pursuing asylum, creating a dual challenge.
Intersection with International Human Rights Protections
Extradition Requests and Human Rights:
Extradition requests linked to Red Notices must comply with international human rights standards. Countries are obligated to consider whether extraditing an individual would expose them to persecution or torture in the requesting country. This intersection is crucial as it provides a legal framework for asylum seekers to contest extradition based on potential human rights violations.
Interpol’s Refugee Policy:
Interpol has established policies aimed at protecting refugees and asylum seekers from abusive requests. Generally, if an individual’s refugee status is confirmed and the request comes from a country where they fear persecution, Interpol may not process the Red Notice against them. However, these protections are not absolute and require careful legal navigation.
Case Studies and US Rules
Case of an Asylum Seeker Challenging a Red Notice:
In a notable case in the U.S., Fair Trials submitted an amicus brief arguing that an Interpol Red Notice should not be considered sufficient evidence for denying asylum based solely on alleged criminal activity. The Eighth Circuit Court agreed, emphasizing that such notices often lack reliable evidence and are frequently used for political reasons. This ruling set a precedent that helps protect asylum seekers from unjust exclusion based on Red Notices.
In general a Red Notice does not meet the US fourth amendment requirements for an arrest by itself. A recent ICE directive “prohibits ICE personnel from relying exclusively on a Red Notice or Wanted Person Diffusion to justify law enforcement actions or during immigration proceedings.” The directive also limits ICE personnel’s ability to rely on a Red Notice or Wanted Person Diffusion to determine whether an enforcement action should be taken or during immigration proceedings by stating that reliance on either should be done “sparingly and only after certain threshold criteria have been met, as outlined in the directive.”
Refugees and asylum seekers who may have been arrested based on a red notice or who have had their immigration proceedings impeded can contest these actions, but they need a highly experienced and dedicated Red Notice and International Extradition Attorney by their side. These proceedings are extremely complicated and expert legal advocacy is essential to protect your rights throughout the process.
In the current political climate, refugees and asylum seekers facing Interpol Red Notices may be in a more precarious position. At Dhar Law LLP, we speak all major international languages and have experience defending complex International cases. We offer accessible, hard-hitting international criminal defense services for people seeking legal advice during a challenging time. Please contact a member of our experienced international criminal defense team at (617) 880-6155 to learn how we can support you.
