Quote:
Originally Posted by Brush Okie
You did not answer my question. We are talking specially about someone who knowingly and wanly violated a specific law and was arrested for it. We are not talking about extenuating circumstances. Please answer my question. What criteria should we use in this specific circumstances to not enforce the law? Remember no one is supposed to be above the law is another fundamental idea of our founding fathers.
|
In this instance, I doubt it has been addressed in depth with existing case law, but I suspect it will be soon. Credible Fear laws are well established for foreign nationals afraid of certain circumstances in their own nation, but not to my knowledge addressed by established workers afraid of persecution in the host nation. Personally I believe the most reasonable way of approaching it is to do what courts do daily across the nation- taking it on a case by case basis, barring any minimum mandatory punishments. If the individual has shown no issue in the past years with renewing his work permit, there should be no reason to assume nefarious purposes.