INTERPOL Blog

Red Notices in Immigration Court: Countering the Serious Nonpolitical Crime Bar to Asylum

The serious nonpolitical crime bar is what it sounds like. It is a mandatory bar in U.S. immigration law that renders a noncitizen ineligible for asylum and withholding of removal when they are believed to have committed a serious nonpolitical crime prior to arriving in the United States. The evidentiary standard for triggering the bar — “serious reasons” — is universally interpreted by courts and the Board of Immigration Appeals (BIA) as equivalent to probable cause.

Red Notices in Immigration Court: Countering DHS Arguments

INTERPOL’s Refugee Policy applies to more than just refugees. As reflected in INTERPOL’s Refugee Resolution, the policy protects individuals who have been granted refugee status, asylum, or another form of protection that prevents their return to the country that requested the Red Notice. Once that protection is confirmed, INTERPOL generally deletes the Red Notice or diffusion originating from that country because it can no longer serve its intended purpose of facilitating arrest or extradition there. 

Red Notices in Immigration Court: Using Red Notices as Evidence of Political Persecution 

The misuse of INTERPOL is a recognized form of transnational repression. Authoritarian governments increasingly request an INTERPOL Red Notice as a means to internationally persecute individuals by impeding their freedom of movement. By causing a Red Notice to be issued, governments can also effectively “manufacture” an immigration violation in the U.S., leading to visa revocation, lengthy detentions, and the denial of benefits like permanent residency.

Parliamentary Assembly of the Council of Europe Condemns Transnational Repression and INTERPOL Abuse

The Council of Europe is not part of the European Union. Founded in 1949, it contains 46 European states – Russia was expelled after its 2022 invasion of Ukraine. The Parliamentary Assembly is made up of 306 members drawn from the national parliaments of the Council of Europe’s member states. It is, in other words, a parliament of parliamentarians.

Candidates Announced for Election to Commission for the Control of INTERPOL’s Files (CCF)

The CCF is charged with three primary duties and is divided into two chambers. Its overall job is to ensure “all personal data processed through INTERPOL’s channels conforms to the rules of the Organization.” The Supervisory and Advisory Chamber, which has three members, is inward-facing: it reviews and advises on INTERPOL’s data processing. The Requests Chamber, which has five members, is outward-facing: it examines requests from individuals who seek to access, correct, or delete information held by INTERPOL. While both Chambers play an important role, the Requests Chamber examines and potentially deletes abusive Red Notices, making it the Chamber of the widest interest.

Red Notices in Immigration Court: Using the INTERPOL Refugee Policy and Preparing for Pushback 

INTERPOL’s Refugee Policy applies to more than just refugees. As reflected in INTERPOL’s Refugee Resolution, the policy protects individuals who have been granted refugee status, asylum, or another form of protection that prevents their return to the country that requested the Red Notice. Once that protection is confirmed, INTERPOL generally deletes the Red Notice or diffusion originating from that country because it can no longer serve its intended purpose of facilitating arrest or extradition there. 

Grossman Young & Hammond Authors Call for Rejection of INTERPOL’s New Privileges and Immunities Agreement

Three GYH authors – Sandra Grossman Esq., Charlie Magri Esq., and Dr. Ted R. Bromund – have published a major article in Just Security calling on the United States not to sign the new “General Agreement on the Privileges and Immunities of INTERPOL.”

Red Notices in Immigration Court: Strategies for using the CCF in Asylum Proceedings

A Red Notice can create significant obstacles to the underlying relief your client is seeking. In asylum cases, DHS may rely on a Red Notice to invoke the serious nonpolitical crime bar, challenge credibility, or argue that a client is undeserving of discretionary relief. If left unchallenged, allegations originating from the very government your client fled may begin to shape the narrative of the case.

Belarusian Red Notice Abuses Raises Questions for INTERPOL

The arrest warrant, and the resulting Red Notice, was almost certainly an act of political retaliation. Zdanevich-Spykhalska believes that the Belarusian authorities were likely persecuting her for her participation in protests near the Belarusian embassy in Warsaw, as the arrest warrant was issued immediately after those protests, and that she may have been identified through photographs on social media.