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Failing to Protect Refugees and Asylum Seekers: Overly Broad Definition of Material Support for Terrorism |
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I. The Problem Changes made by the PATRIOT Act of 2001 and the REAL ID Act of 2005 to the Immigration and Nationality Act (INA) have blocked access to refugee protection in the United States for bona fide refugees and asylum seekers who pose no risk to national security or danger to American communities. These laws contain definitions of “terrorist activity” and “terrorist organization” that are so broad that they strain any common sense understanding of the concept. Rape victims who were forced into domestic servitude by armed rebels have been barred from protection for providing “material support” to terrorists, as have refugees who were forced to pay money or provide food or medical care to armed militants. Afghans who fought against the Soviet Union in the 1980’s and Iraqis who banded together to fight Saddam Hussein have been defined as members of “terrorist organizations” and similarly turned away. These sweeping definitions of terrorist activity and terrorist organization and the misguided interpretation adopted by the current administration extend far beyond any legitimate purpose and thwart the United States’ longstanding humanitarian commitment to refugee protection. |
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Appendix (Failing to Protect Refugees & Asylum Seekers) |
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Ending Immigration Enforcement Based on National Origin, Ethnicity, and Religion |
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I. The Problem The National Security Entry and Exit Registration System (NSEERS), launched in 2002, required non-citizens from “countries of interest” (a list comprised almost exclusively of Middle Eastern and North African nations or those with a majority-Muslim populations) to register with the then-INS. Thousands complied but others were too afraid to come forward, even if they were lawfully present and had no reason to fear suspicion. Many people affected by NSEERS have U.S. citizen family members, long employment histories in the United States, or pending immigration applications. |
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Appendix (Ending Immigration Enforcement Based on Ethnicity & Religion) |
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Misuse of Immigration Detention Laws in Counterterrorism Efforts |
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In the aftermath of the 9-11 attacks, the Justice Department used the immigration laws to do an end run around basic rights protections for non-citizens, questioning and detaining primarily Arab and Muslim non-citizens often with little or no basis to suspect them of any connection to terrorism. The new administration should not repeat the mistakes that were detailed in a highly critical 2003 Inspector General Report on the treatment of these “special interest” detainees.[i] As it carries out its responsibilities to enforce the immigration laws, the executive branch should restore and uphold guarantees of due process and fair treatment for non-citizens. |
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Appendix (Misuse of Immigration Laws to Detain Possible Terrorist Suspects) |
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