“Clothing” the De Minimis Loophole: The Story of an Exception Swallowing Rule

Document Type

Response or Comment

Publication Date

Spring 2024

Journal

American University Administrative Law Review

Volume

76

Issue

2

Abstract

Gulbahar Haitiwaji, an engineer and member of the Chinese Uyghur minority group, received a call from her employer asking her to visit a police station in Kunlun to complete paperwork for her retirement pension. Upon her arrival, she quickly discovered the employer’s purported request was a trap. Chinese authorities showed Haitiwaji a photograph of her daughter participating in a Uyghur demonstration in France and accused Haitiwaji’s daughter of being a “terrorist.” Haitiwaji was detained, a bag was placed over her head, and her ankles were chained. For five months, Chinese police officers repeatedly interrogated her, subjecting her to a variety of punishments. In one instance, she was chained to her bed for twenty days.

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