United States of America - June 2024

A federal jury in Florida found that Chiquita Brands, a transnational fruit company, is liable for the killings (that took place between 1997 and 2004) of eight people in Colombia at the hands of the paramilitary group United Self-Defense Forces of Colombia (Auto Defensas Unidas de Colombia, AUC), and ordered the payment of damages. The jury considered that, by making payments to AUC, Chiquita had acted contrary to Colombian law and provided substantial assistance that constituted a foreseeable peril to community members. The lawsuit was filed after the company pleaded guilty in 2007 to making payments to the AUC, which was considered a terrorist organization by the United States government. The company has stated it plans to appeal the verdict, and has claimed that payments were necessary at the time to protect its employees.

Sources:  NPR, CNN, BBC, Business & Human Rights Resource Centre, Transnational Litigation Blog

President Joe Biden issued an executive order that, starting 5 June, blocks people from making asylum claims at the US-Mexico border, unless arrivals fall below 1,500 a day for a week, and a two-week waiting period has passed; the number of arrivals has not fallen below that level since 2021. The executive order will allow authorities to expedite the deportation of people who cross the border in an irregular way. People will still be able to request an appointment at a legal border crossing through the CBP One app and the limitation does not include unaccompanied minors or victims of trafficking. Advocacy organizations and legal specialists have argued that the asylum ban is contrary to international law, particularly refugee law and international human rights law, as it prejudges claims to asylum as unlawful and places people in serious risk of harm. 

Sources: Reuters, Human Rights Watch, ACLU, Homeland Security

In a case involving a challenge by fishing companies to Department of Commerce regulation, the Supreme Court overruled a 1984 precedent known as the Chevron doctrine, through which courts were to defer to an administrative agency’s reasonable interpretation of a law in cases where Congress’s language led to ambiguity. Instead, the Court’s majority determined that courts should employ their own independent judgment when weighing whether an agency’s actions are considered an overreach or if it is acting according to its statutory authority. It added that although an agency’s interpretation of an ambiguous law may hold informative value, it should not constrain the courts. It further considered Chevron deference to be irreconcilable with the Administrative Procedure Act. The ruling effectively curbs federal agencies’ power to regulate and could lead to numerous legal challenges against the executive agencies that regulate areas such as health and the environment.  

Sources: Supreme Court of the United States, CNN, The New York Times,  Reuters