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A refugee picked up at sea by US authorities who wishes to claim political asylum in the US is which of the following rights?

a. The right to an asylum hearing on board ship
b. The right to sound hearing on board and court appeal in the US
c. No right to silence but the right to save transport of their country
d. No right to an asylum hearing or a appeal

User AndyS
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1 Answer

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Final answer:

Refugees picked up at sea by US authorities are legally entitled to seek asylum and have an asylum hearing in the United States, protected under international and US law, including the 1980 Refugee Act and the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008.

Step-by-step explanation:

Asylum Rights for Refugees

Refugees who are picked up at sea by US authorities and wish to seek asylum have certain legal protections under international and US law. According to the 1951 United Nations Refugee Convention and the Universal Declaration of Human Rights, everyone has the right to seek and enjoy asylum from persecution. The 1980 Refugee Act adopted the United Nation's definition of a refugee and ensures that individuals have a well-founded fear of persecution can seek asylum in the US. The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 further provides that unaccompanied minors can request asylum based on a "credible" fear of persecution or torture. As such, a refugee picked up at sea would not have a right to an asylum hearing aboard the ship but would typically have the right to be transported to the US and have an asylum hearing there. In the case Boumediene v. Bush, it was determined that foreign terrorism suspects have the constitutional right to challenge their detention in US courts, thus affirming the right to due process.

User Kyle Vanderstoep
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