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Yoroku: Can Japan keep saying immigration rules trump foreigners' constitutional rights?

Release Date
2024-05-27
Media
The Mainichi
Summary
Junichiro Hironaka, a renowned Japanese lawyer known as the "acquittal contractor," once represented American plaintiff Ronald Alan McLean in a civil suit against the Japanese government. McLean, an English teacher who had fallen in love with traditional Japanese instruments, was denied an extension of his visa due to his participation in anti-Vietnam War protests. He argued that this violated his freedom of expression.

In a 1978 Supreme Court ruling, the court sided with the government, asserting that while fundamental human rights are guaranteed to foreigners, the decision to grant or deny residency is at the government's discretion. This ruling, known as the "McLean decision," has been used to justify immigration measures such as deportation and detention, even in cases where foreigners lose their residency status.

However, the decision has faced growing criticism. Former Supreme Court Justice Tokuji Izumi called it "clearly wrong" to allow residency-related decisions to be immune from constitutional constraints. With foreigners now making up 2.7% of Japan's population and supporting various sectors of society, questions are being raised about whether human rights can be protected while adhering to a 50-year-old legal precedent, especially as a new immigration law set to strictly enforce deportation takes effect next month.
Tags
Court,Immigration Policy,Immigration Law

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