New Opportunity for Human Rights Law

This entry will be the first of many. I will come right to the point. In June the United States Supreme Court made an important ruling that dramatically changed the environment for those who wish to advance the cause of human rights in the world.

The case of Alvarez-Machain v. United States, a Mexican national, living in the USA, sought to bring suit against the government of his country for alleged human rights abuses. The complaining party, or plaintiff, pressed his right to sue under the U.S. Federal Alien Tort Claims Act. The trial court, (the local federal district court), had ruled that the individual complainant did not have authority, or standing, to sue a foreign government for occurrences in a nation outside the United States. On appeal, the Supreme Court ruled that, while that particular individual filed his lawsuit too late (after the statute of limitations ran out), others did have the right to sue, if they were themselves legally in the USA.

This ruling has not been widely publicized, even in the American legal publications. However, the possibilities in such a decision are enormous. Because of Dominguez, anyone who successfully immigrates to the USA, including one coming for political asylum, can pursue an action for money damages against a foreign government for human rights abuses, either by their agents or by private citizens acting with the government's blessing or tacit consent. Corporations acting in that county and who participate in those abuses could be held responsible. While neigher the statute--Tort Claims Act, nor the U.S. Supreme Court, spoke to the issue of a complaining party certifying large members in a class action suit, especially those still outside the country, the realistic possibility that the federal courts would have such a reach under Article III of the U.S. Constitution.

In one of many exata articles, I will begin to draft the strategy by which this kind of litigation can succeed. In the meantime, I'll also be working on legal articles on individual issues in U.S. immigration and international law, both in commerce and human rights.

See you all later. I've got more to say, but to hear from you is always enjoyed. Bye for now. God bless.