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Division for Public Education: Resources to Accompany Well-Founded Fear: Discussion Questions




 

Political Asylum
Discussion Questions

web resources to accompany well-founded fear

  1. The United States prides itself as a nation that governs through the “rule of law” rather than the “rule of men” [people]. Does the film support a “rule of law” perspective? Or a “rule of men” [people] perspective? Or both views? Why?

  2. Does “justice” in asylum decisions depend upon which INS officer hears a case? What, if any, institutional mechanisms to achieve consistency does the film depict or suggest? How, if at all, is this situation different from the assignment of different judges to hear criminal cases in a large court.

  3. As the film illustrates, the United States receives many requests for asylum. Does the U.S. bear the largest burden of hearing asylum applications? Which other countries accept large numbers of people seeking political asylum? Are the processes for asylum admission similar or different in other countries?

  4. Are the stories of particular kinds of persecution in the film - in such countries as the Sudan, China, Albania, and Russia - isolated instances of human rights violations or examples of systemic and widespread human rights violations in these countries?

  5. Some applicants depicted in the film used interpreters to translate their stories from their native tongue into English. Did the translators in the film seem to be reliable and accurate? What potential biases or misunderstandings could arise in such a setting?

  6. What, if any, judicial review is available to applicants who seek asylum through the affirmative process, which is shown in Well-Founded Fear, but whose applications are denied? Contrast this to judicial review under expedited removal procedures instituted by the 1996 Illegal Immigration Reform and Immigrant Responsibility Act.

  7. In one of the film’s scenes, an attorney represents the applicant. Was the attorney an effective advocate? How frequently, do you think, attorneys represent applicants in asylum-seeking situations? Do you think applicants with attorneys are more likely to receive asylum? Why?

  8. What new international crises or internal conflicts in other countries are likely to give rise to large numbers of requests for asylum in the U.S. and/or around the globe? Why?

  9. The film’s title, Well-Founded Fear, comes directly from the Congressional statute that states, in part, that applicants must demonstrate a well-founded fear of persecution, based upon race, religion, nationality, membership in a particular group, or political opinion, should they remain in their home country. Do the stories depicted demonstrate a well-founded fear? If you were an asylum-seeker, how would you try to demonstrate this? If you were a hearing officer, what questions would you ask to judge the fears of applicants?

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