The amendment authorizes Federal courts to refuse the extradition of a person if that person establishes that his or her return will either result in impermissible persecution or subject him or her to fundamental unfairness. The person being sought must establish this defense by a preponderance of the evidence. The Kastenmeier amendment protects against persecution based on a persons race. religion. sex. nationality. or because of a persons political opinions. These standard protections are derived from the United Nations Convention and Protocol Relating to the Status of Refugees. Opponents of this amendment argue that the extradition process itself can adequately protect human rights. This hope is illusory.
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Refugees