Iraqi Refugee Assistance Project – 15 July 2009 – Slide 1 The Iraqi Refugee Assistance Project :...

Iraqi Refugee Assistance Project – 15 July 2009 – Slide 1

The Iraqi Refugee Assistance Project :

Representing Iraqi Refugees


Background on the Iraqi Refugee Crisis

By the numbers : Although estimates very according to the source, it Is estimated that

there are over 2.5 million Iraqi refugees, with 1 million in neighboring countries outside Iraq and up to 1.5 million Internally Displaced Persons.

UNHCR registration numbers: Syria, roughly 240,000; Jordan, roughly 37,000; Lebanon, roughly 10,000.

According to recent studies by both UNHCR and the Brookings Institute, the vast majority of Iraqi refugees believe return will never be possible.


The U.S. Response to the Crisis PHASE 1: The U.S. invades Iraq and plans for a massive refugee outflow.

None comes. The infrastructure put in place to process Iraqi refugees is disamantled.

PHASE 2: After the bombing of the Samarra mosque in February of 2006 leads to a national deterioration of the security situation and the resurgence of militias, the predicted massive refugee outflow actually begins.

However, UNHCR and other resettlement countries no longer have an infrastructure in place to deal with a massive refugee outflow, and they struggle to put something together quickly.

Other European and allied countries step in to accept refugees for resettlement, but between 2003 and 2007, the U.S. admits only 2,372 Iraqi refugees in total.

PHASE 3: The Refugee Crisis in Iraq Act (“the Kennedy Act”) passes as part of the National Defense Authorization Act for F.Y. 2008.

The Kennedy Act creates a special priority category for Iraqis who assisted the U.S. or U.S. organizations.

It also expands the number of Special Immigrant Visas available to anyone employed by the U.S. military or a subcontractor, in any capacity, for one year or more.


The Kennedy Legislation1. Refugee Resettlement (§ 1243)

Establishes “Direct Access” for Iraqis who worked for the U.S. government or an NGO or media organization based in the U.S.

NOTE: NO TIME REQUIREMENT.

2. Special Immigrant Visas (SIVs) (§ 1244)• For Iraqis who worked directly for the U.S. military or a U.S.

military subcontractor for a period in excess of 12 months.• NOTE: CAN BE CUMULATIVE.

2. Leadership and Accountability (§§ 1242, 1245, 1248) Requires status reports by Departments of Defense, Homeland

Security, and State on the crisis, as well as by the President on general ability to meet the goals of the legislation as well as ways to improve processing, such as the use of video conferencing for interviews.

Establishes Senior Coordinators in Baghdad, Cairo, Amman, Damascus, and Beirut to coordinate relief and resettlement efforts.


Avenues to Safety for Iraqi RefugeesA. Asylum

For Iraqis already within U.S. borders; Usually arrived on non-immigrant student, tourist, or work visa; No numerical limits.

B. Refugee Resettlement For Iraqis outside U.S. borders (formerly also outside Iraq); Must meet definition of refugee, and either (a) be referred for

resettlement or (b) be eligible for direct access to U.S. resettlement; Target of 20,000 Iraqi refugees for FY 2010.

C. Special Immigrant Visas (SIVs) For Iraqi nationals only. Can be currently located in any country. Must have worked for the U.S. military or a U.S. military

subcontractor for at least one year. Kennedy Act allows for 5,000 Iraqi SIVs each year, although the

average admission is closer to 800. D. Other

Petitions for the relatives of other aliens, refugees, or asylees; Humanitarian or significant public benefit parole.

The Refugee Resettlement Process

• United Nations High Commissioner for Refugees:– Registration– Referral to Protection, Community Services,

Medical, Psychosocial or “Sleep”– Referral to Resettlement Unit– Resettlement interview for “matchmaking”

UNHCR Referral to USRAP

• UNHCR refers the case to the U.S. Refugee Admissions Program

• Two phases: Department of State and Department of Homeland Security

• FIRST: Department of State, subcontracting with Overseas Processing Entity: 2-3 interviews

• Ultimately filling out an I-590

Acceptance or Rejection: DHS Circuit Riders

• OPE prepares the file for a DHS circuit ride• Circuit riders serve for 3 months, traveling the

world and conducting interviews• One interview, can be as short as one or as long

as seven hours in length• Challenges: no counsel, interpretation,

PTSD/mental illness, context and cultural specific knowledge.

• Other: medical and security clearance


Requests for ReconsiderationWhen refugees are rejected for resettlement, they receive a Notice of

Ineligibility for Resettlement, which indicates one or more of a standard list of reasons for rejection. These include:

1. Failure to establish the refugee cannot return to Iraq;2. Failure to establish persecution or well-founded fear of

persecution;3. Failure to establish persecution due to a protected

characteristic or status;4. Perceived lack of credibility;5. Evidence that the applicant was a persecutor themselves;6. Evidence that the applicant is firmly resettled elsewhere;7. Inadmissibility due to existing legal bars;8. Other reasons, as provided by U.S. autohrities.

Requests for Reconsideration (also Requests for Review, or RFRs) provide an informal means of appealing these rejections, based upon :

1. Error; or,2. New evidence.

Note that these reviews are not technically appeals. Instead, RFRs are an request that USCIS exercise its discretion to reconsider an application.


United States Legal Definition of a Refugee: INCLUSION and EXCLUSION

Asylum - INA § 208(b) Applicant must be unable or unwilling to return, and unable or unwilling to avail themselves of the protection of, Iraq because of persecution or well-founded fear of persecution due to:

Race; Religion Nationality; Membership in a particular

social group; or, Political opinion.

Refugee - INA § 101(a)(42)(A) Applicant must be located outside Iraq and meet the standard for Asylum at left;

ORBe a member of a nationality which the President has designated as qualifying for refugee status.

The definition of a refugee is substantively identical to that of an asylee, but procedurally distinct.

Part 1: Inclusion

U.S. Legal Definition of a Refugee

• Part 2: Exclusion and Inadmissibility• Persecution of others• Credibility• Inadmissibility factors: fraud, material support• Fails security background check • Others: medical, public charge, criminal convictions,

drugs…• Exclusion can be appealed. Inadmissibility can be

waived.


The Refugee Resettlement Process

Step 1: Register with UNHCR

Referral for services (community service, medical or protection)Referral for resettlement“Sleep”

Step 2: UNHCR Resttlement InterviewReferral to the United StatesReferral to another safe third country (Canada, Australia, Germany)

Step 3: International Organization for Migration

Step 4: Department of Homeland Security(medical tests, cultural orientation)

Possible outcomes: Acceptance, rejection, deferral


Determining the Reason for RejectionBecause rejection letters are ambiguous, you will likely need to pursue

additional investigatory steps to determine the reason for rejection

1. Review the applicant’s story with them in detail and try to identify weaknesses from the rejection letter;

2. Thoroughly debrief the applicant’s final interview with DHS, and maintain a detailed written record :

Ask if there were any misunderstandings during the interview; Ask if there were any translation problems; Ask if the mood of the interviewer changed at any point; Ask if the applicant thinks anything went wrong.

3. Ask the applicant why they think they were rejected;4. Ask the applicant to send you copies of anything they submitted to

UNHCR, IOM or DHS;


Rebutting the RejectionA successful RFR must argue in favor of its client’s reconsideration for

refugee admission based on one of the following factors :1. Significant error;2. New evidence; or,3. Both.

An RFR is similar to an asylum application, in that you should provide as much evidence as possible to corroborate the applicant’s story :1. Evidence that the applicant gathers, such as records (military service,

medical records, pay stubs, etc.), saved letters, or photographs; 2. Evidence that you gather with the applicant, such as affidavits; 3. Evidence that you gather, including newspaper articles, State

Department Reports, and the like.


Demonstrating Significant Error

Standard of Review: Was there a significant error that more likely than not affected the outcome of the case?

This can be demonstrated by :1. Insufficient fact-finding or analysis;2. Unsupported Credibility Determination;

Applicant not given the opportunity to rebut; Decision not supported by adequate assessment; Issue not material to refugee determination.


Providing New EvidenceStandard of Review: Was the new evidence unavailable at the time of the

original interview and if it had been available would it have materially affected the outcome of the case?

Reviewers are looking for whether :1. The evidence is significant and relevant;2. The applicant’s failure to present the evidence at the interview was

reasonable;3. The interviewing officer attempted to elicit the relevant information

from the applicant;4. Does the preponderance of evidence indicate that the applicant

should qualify for resettlement? Two things to note :

1. Submissions based on new evidence automatically qualify for review for significant error;

2. An adverse credibility determination does not affect the credibility of newly submitted evidence.


Compiling and Submitting

The RFR should be compiled as a standard, short letter-brief with supporting exhibits. The brief should :

1. Outline the applicant’s original claim;2. Identify the error made or new evidence as best possible; 3. Present the legal standard for the relevant issue (i.e., what does it

mean to prove nexus under U.S. case law?); 4. Explain why the client meets this standard, emphasizing the mistake

or missing information that led to the prior rejection. The RFR should be submitted to USCIS officials at the Amman Embassy and

the Athens Embassy, as well as the USCIS Ombudsman’s Office, along with a signed G-28


Subsequent Steps

Follow-up steps and other strategies :

1. File a G-639 FOIA request;2. File a I-7001 request to the Ombudsman’s office;3. Follow-up with the USCIS District Director or their Deputy.

Possible Outcomes :

1. A grant of reconsideration and re-interview (in which case, make sure that the applicant is prepared for the re-interview);

2. A grant of reconsideration and resettlement without re-interviewing;3. A denial (though there remains the possibility to resubmit, or to

resubmit in the form of Motion to Re-open).

Arrival in the U.S.

• 10 voluntary agencies, 9 private and 1 public.

• The “VOLAG draft”

• Assignment to a volag subcontractor


Benefits Available to Resettled Refugees

Immigration Status: •Refugees: 12 months to petition for Lawful Permanent Residence (“green card”), then another 5 years to petition for citizenship.•SIV holders: arrive as Lawful Permanent Residents. •Benefits of a green card:

•family reunification; international travel (otherwise need “I-131”)

Benefits eligibility 8 months of “refugee benefits” (roughly $950/mo) All other benefits to which they would be entitled as citizens (food

stamps, TANF, WIC, etc).

Obligations of the Resettlement Agency: • Assistance with housing, ESL, employment• Airport meeting• Benefits disbursal and application• A “hot, culturally appropriate meal upon arrival.”


Practical and Ethical Considerations1. Limitations of lawyering in the resettlement process

2. The logistics of communication

3. Cultural barriers: A. The Role of the Lawyer/ the AdvocateB. Cross-gender conversations and persecution of women

4. Security concernsA. Explaining and maintaining confidentialityB. Continuing persecutionC. Syria and Iraq

5. Evidence collection


Practical and Ethical Considerations II5. Ethical issues

A. Fraud/credibilityi. Distinguishing from PTSDii. The Rumor Mill

B. Limiting the sphere of representationC. Others?

6. BUREAUCRACY

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Iraqi Refugee Assistance Project – 15 July 2009 – Slide 1 The Iraqi Refugee Assistance Project :...

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