///Rapid Response 05/12/06

In March, we sent out an Action Alert regarding the fact that the USA Patriot Act and the Real ID Act have broadened the definition of a terrorist group and what constitutes support of terrorists.  (To see that Action Alert, go to www.discipleshomemissions.org/rim/Advocate.htm and click on “Refugees Denied Entry to the United States.”)  At this moment, the legislation is keeping at least 11,000 refugees from having the opportunity to be resettled in the United States and has resulted in the deportation of many asylum seekers.

Refugee status and asylum in the United States is being denied to anyone who gave “material support” to any “terrorist organization,” even if it is simply a resistance group that carries arms and even if it is fighting a government that the U.S. opposes.  “Material support” includes a cup of rice, a floor to sleep on, money, etc., no matter how small and no matter if one is forced to give the support or be shot.

The U.S. State Department reports that many refugees are being held up in the resettlement process until this issue is resolved including:

• Chin Burmese who supported those resisting the oppressive government of Burma
• Cubans who backed anti-Castro forces
• Liberian women who were abused and forced to provide services for the resistance forces
• Colombian children forced to become porters for the rebel forces
• Hmong and Montagnard who supported U.S. Special Forces during the Vietnam War

In addition, hundreds of persons from these same countries and others who were in the United States and applied for asylum have been denied and deported.  In the past, most of these persons would have received asylum because of the persecution they have suffered.  There are also at least 500 persons who previously received asylum who are on hold as they try to change to permanent residency, something that has been a pretty automatic process in the past.  There is also concern about what might happen as permanent residents apply for citizenship, if in the past they also gave forced material support.

We're happy to report that, after much effort on the part of refugee advocates, the U.S. Secretary of State has exercised discretionary authority to allow several thousand ethnic Karen Burmese refugees who were awaiting resettlement out of the Tham Hin camp in Thailand to be processed, even if they have provided “material support” to the Karen National Union.  However, these kinds of individual or group decisions by the Secretary of State cannot solve the problem for thousands of other refugees on hold overseas.  The prospect of getting the U.S. Administration to provide a general waiver of the “material support” provisions for all refugees does not look good.

If something is not done legislatively to open the possibility for refugees and asylum seekers who are caught in this situation, the number of people on hold overseas and the number of asylum seekers deported will escalate dramatically in the next few months.

Refugee advocates are supporting efforts to find a legislative way to require the Secretary of State to certify which groups fall within the current law's catch-all definition of terrorist organization.  (This would protect resistance groups that the U.S. supports.)  They are also supporting an “involuntariness” exception to “material support.”  (This would make an exception for refugees who are forced against their will.)   They urge those persons concerned about the fair treatment of refugees who are inappropriately being lumped in with supporters of terrorists to contact their Senators and Representative to express concern.

A sample letter follows.

Dear ____________________:

I am writing to ask you to support legislation that will provide a waiver for refugees and asylum seekers who are being adversely impacted by the material support provisions of the USA Patriot Act and the Real ID Act.  The resettlement of thousands of vulnerable refugees and asylum-seekers is in jeopardy because of language in the Immigration and Nationality Act that bars admission to the United States to anyone who has associated with or provided "material support" to any armed group.  This is true even if the group is not a designated terrorist organization and even if the refugee was forced at gunpoint to provide the support.  

This bar is jeopardizing the lives of thousands of refugees and asylum seekers, such as Burmese refugees that have suffered brutal persecution at the hands of the ruling Burmese government - a government that the United States does not support.  Hundreds of vulnerable Colombian and Cuban refugees are also being barred under this provision, as well as Liberians, Hmong, Vietnamese Montagnards, and Sudanese.  Two simple legislative solutions would prevent these unintended consequences.

Requiring the Secretary of State to certify which groups fall within the current law's catch-all definition of terrorist organization.  Such a certification provision would protect groups that the U.S. supports.

Providing an "involuntariness" exception to the material support bar.  This would make an exception for refugees who provide support to "terrorist organizations" against their will, such as at gun or knifepoint.

Tens of thousands of refugees are being affected by material support, as well as hundreds of asylum seekers.  Your help is needed in rescuing refugees greatly in need of the safety and protection for which they are eligible, were it not for the material support issue.  I urge you to support legislative efforts to remedy this problem.

Sincerely,

Your name and contact information

Thank you for your willingness to take action.

Rev. Jennifer Riggs,
Director of Refugee and Immigration Ministries
Disciples Home Missions