Tag: Afghanistan

U.S. Adopts Confusing New Program for Resettling Certain Foreigners

On January 19, the Biden Administration announced an additional program for the resettlement of certain foreigners, i.e., “refugees,” in the U.S. that directly will involve U.S. citizens, acting through the State Department’s U.S. Refugee Admissions Program (USRAP). This new program seeks to resettle refugees from Latin America and the Caribbean with the assistance of Americans “ranging from members of faith and civic groups, veterans, diaspora communities, businesses, colleges and universities, and more.” [1]

This new program already has its own website—Welcome Corps–which says that  more than 200 diverse organizations are signaling their support and that Americans will “work in groups of at least five  to welcome newcomers by securing and preparing initial housing, greeting refugee newcomers at the airport, enrolling children in school, and helping adults to find employment.” Most importantly, the individuals in these citizen groups will “offer a sense of welcome, belonging, and inclusion for families.”

The “Welcome Corps” website also describes its training program for “providing core private sponsoring services (e.g., housing, benefits and services access, cultural adjustment, etc.) and an overview of how to help facilitate the long-term integration of refugees, . . . the logistics of forming a Private Sponsor Group, fundraising, developing a Welcome Plan, and resiliency-building.” This training must be completed by at least one member of the Private Sponsor Group.”

Who Will Be Welcomed by the Welcome Corps? [2]

The initial Corps materials repeatedly use the word “refugee” to identify the foreigners it will be seeking to help relocate in the U.S. Those same materials also refer to  Latin Americans, Caribbeans, Afghans and Ukrainians as people they want to welcome to the U.S. Those are certainly laudatory goals.

But not all of those groups have been determined to meet the legal requirements for  “refugee” status under international and U.S. law as shown by the following:

  • International Law. On April 22, 1954, the international Convention Relating to the Status of Refugees went into force and became a binding treaty after its ratification or accession by the sixth state. Then after its amendment by the Protocol Relating to the Status of Refugees that went into effect on October 4, 1967, the international definition of “refugee” was the following: Any person who “owing to well- founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who,not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.”

(Excluded from that international definition of “refugee” was “any person . . . [who] (a) . has committed a crime against peace, a war crime or a crime against humanity . . . ; (b) . . .          has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee; [and] (c) . . . has been guilty of acts contrary to the purposes and principles of the [U.N.].”)

  • U.S. Law. The U.S. did not ratify the previously mentioned Protocol (and by incorporation the previously mentioned Convention) until November 1, 1968, and 12 years later the U.S. finally adopted the implementing federal legislation (the Refugee Act of 1980), which defines “refugee” as follows: “any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” That federal statute also provided, “The term ‘refugee’ does not include any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.”

It must also be noted that this last Session of Congress failed to enact the Afghan Adjustment Act, which would have provided some temporary legal protection for Afghan evacuees who have not been determined to be “refugees.”[3]

Conclusion

It is utterly dumbfounding that the Departments of State and Homeland Security could erroneously use the important legal concept of “refugee” in this  matter of foreign policy.

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111 State Dep’t, Launch of the Welcome Corps—Private Sponsorship of Refugees (Jan. 19,2023); State Dep’t, U.S.  Refugee Admissions Program, (Jan. 19, 2023);  Welcome Corps Website, State Dep’t, U.S.  Refugee Admissions Program, (Jan. 19,2023); 200+ Organizations Signal Support for the Welcome Corps, New Service, Opportunities for Private Refugee Sponsorship; The Welcome Corps Essentials Training, Jordan, Biden Administration Invites Ordinary Americans to Help Settle Refugees, N.Y. Times (Jan. 19, 2023); Santana, (AP), Welcome Corps provides a new way for Americans to sponsor refugees, Ch. Sci. Monitor (Jan. 19, 2023).

[2] Refugee and Asylum Law: The Modern Era, dwkcommentaries.com (July 9, 2011); Refugee and Asylum Law: Office of the United Nations High Commissioner for Refugees, dwkcommentaries.com (July 10, 2011); Weissbrodt, Ni Aolain, Fitzpatrick & Newman, International Human Rights: Law, Policy, and Process at 1040-42 (4th ed. 2009).

[3] Need To Prod Congress to Enact the Afghan Adjustment Act, dwkcommentaries.com (Dec. 17, 2022); Apparent Failure To Enact Bipartisan Immigration Bills, dwkcommentaries.com (Dec. 18, 2022); Congress Fails to Adopt Important Immigration Bills, dwkcommentaries.com (Dec. 28, 2022).

 

 

 

 

Need To Prod Congress To Enact the Afghan Adjustment Act     

A recent Wall Street Journal editorial strongly endorsed enactment of the pending Afghan Adjustment Act to provide changes in U.S. immigration law to protect the 67,000 Afghans relocated to the U.S. after its withdrawal of forces from that country.[1]

However, that editorial did not discuss the reasons why Congress has not done so. A recent column in the Philadelphia Inquirer by columnist Trudy Rubin has done that, as discussed below.[2]

Rubin starts with the basic premise that before the U.S. withdrawal from Afghanistan, the U.S. Congress ”had promised special immigrant visas to Afghans who worked with our military or civilians” and “[o]nce our allies were without the protection of American forces, they would surely face Taliban revenge.”

The proposed Afghan Adjustment Act addresses these issues. But this bill “is almost dead because political leaders from both parties have chosen to ignore it. If it doesn’t pass this year, there is virtually zero chance a Republican-led Congress will put it forward next year.”

Led by Republican Senator Chuck Grassley of Iowa is a key opponent of the measure and claims that he and his Republican colleagues “oppose the measure for security reasons. But the Afghans here have already been vetted, and the act would require additional security checks. In other words, the act is a solution to the security problem, not the reverse.”

Moreover, Grassley’s opposition “makes it impossible to attach the act to the omnibus appropriations bill working its way through to passage by year’s end. That is the only path open to getting the Afghan bill through.”

In addition, one of the advocates for the Adjustment Act, Peter Meijer, a Republican representative from Michigan and a veteran of the Iraq war who worked as a civilian in Afghanistan, said that the Biden “administration is not really lifting a finger” for the Act. . . . Nobody is really opposed to it, but nobody is viscerally advocating [for it].”

Another House colleague, Representative Seth Moulton (Democrat, Massachusetts), sees the failure to enact the Act is a stain on American honor. He said, ““We made that promise to protect the Afghan people who risked their lives to help us. We put our word on the line on behalf of our country. And we know how hard it will be in the future conflicts to find foreign allies if we can’t keep our word.”

Therefore, Rye Barcott, a Marine veteran and cofounder of With Honor, a bipartisan organization dedicated to enlisting veterans in public service, said “Legislators need to feel a sense of urgency from their constituents, who need to contact their legislators. . . . right now.”

Conclusion

Therefore, immediately after publishing this post, I will send it along with the one about the Wall Street Journal editorial to my Minnesota Senators, Amy Klobuchar and Tina Smith, and Representative Ilhan Omar. As a native Iowan, I also will send these posts to Senator Grassley.

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[1] Wall Street Journal Editorial Supports Afghan Evacuees, dwkcommentaries.com (Dec. 13, 2022).

[2] Rubin, Will Congress really send 80,000 Afghans back to the Taliban?, Phil. Inquirer (Dec. 14, 2022). See also Stockman, Do Right by Our Afghan Allies. Pass the Afghan Adjustment Act, N.Y. Times (Dec. 16, 2022).

 

Wall Street Journal Editorial Supports Afghan Evacuees    

A recent Wall Street Journal editorial calls for congressional passage of the Afghan Adjustment Act. [1] This is what it said.

“President Biden’s chaotic withdrawal from Afghanistan in 2021 ended the free choice of countless Afghans, and thousands who fled to the U.S. are now at risk of losing even more. A fix is on Congress’s agenda, but time is running out.”

“As the Taliban regime retook the country, more than 79,000 Afghans were evacuated to the U.S. They have already undergone vetting, and the majority were granted a temporary immigration status known as humanitarian parole, which offers no path to permanent residency. It also expires after two years.”

“That impending deadline weighs on Mohammad Khisraw Noori, 36, who worked for a time as an interpreter for the U.S. Embassy in Afghanistan. Mr. Noori fled to the U.S. with his wife, Waghma, daughter Adeeba, now 6, and son Ebadul Rahman, now 4. They’re in California.”

“’Sometimes I feel like I’m dreaming: How is it possible when I wake up that I’m not worried about something bad?’ he says. ‘If you ask my girl, she’ll say, I’m from America,’ not Afghanistan. She’ll say, ‘I’m so happy here, there’s no shooting.’” Yet Mr. Noori can’t reassure Adeeba that they can stay.”

“When humanitarian parole expires, these Afghans can’t legally stay in the U.S., and the risk of deportation looms. They could seek renewal of their parole or temporary protected status, but neither promises long-term stability. They could ask for asylum, but the dysfunctional U.S. immigration system already faces lengthy backlogs. Tens of thousands of Afghan applicants would exacerbate the problem, and it might be years before they know their fates.”

“’A lot of folks are kind of in limbo,’ says Matt Watters, a Green Beret who served in Afghanistan and is a friend of Mr. Noori. ‘It’s hard for them to invest in certifications that are U.S.-specific, or go to college, or buy a home or a car if they don’t know if they can stay.’”

“The solution is a bill called the Afghan Adjustment Act, which would provide a path to a green card for those currently on humanitarian parole. The legislation would put these Afghans through another round of vetting, looking for links to drug trafficking or terrorism. Anyone who committed a crime after arriving in the U.S. would be disqualified.”

“The U.S. already offers a special immigrant visa that gives permanent residence to Afghans who worked closely with the U.S. government and military. The Afghan Adjustment Act would create a similar pathway for those who fought the Taliban by serving Afghanistan’s Army Special Operations Command, Air Force, Special Mission Wing or Female Tactical Teams. Their spouses and children would be eligible as well.”

“Not all Afghans who supported the American mission managed to escape. The U.S. has no embassy in the country today, but the bill would require the State Department to establish an office that could review Afghans’ applications and issue visas, and an interagency task force would work to alleviate constraints.”

“The Taliban takeover was a particular tragedy for Afghans who supported the U.S. mission, fought for the rights of women, or sought to build a civil society and a free political system. The U.S. has a moral obligation to do what it can to mitigate the harm of Mr. Biden’s catastrophic withdrawal, and passing the Afghan Adjustment Act would be a good start.”

Conclusion

This blog has supported the immediate adoption of the Afghan Adjustment Act based, in part, upon this blogger’s involvement in Minneapolis’ Westminster Church’s co-sponsorship of an Afghan family.[2]

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[1] Editorial, Afghan Allies Still Need America’s Help, W.S.J. (Dec. 12, 2022).

[2]  Immense Problems Hampering U.S. Efforts To Resettle Afghans, dwkcommentaries.com (Oct. 22, 2022); More Criticism of U.S. Means of Addressing Immigration Needs of Afghan Evacuees, dwkcommentaries.com (Nov. 3, 2021); U.S. Resettlement of Refugees and Recent Afghan Evacuees, dwkcommentaries.com (Sept. 21, 2021).

More Criticism of U.S. Means of Addressing Immigration Needs of Afghan Evacuees  

This blog previously discussed the complexity of meeting the U.S. immigration needs of Afghan evacuees, estimated at 65,000 to 199,000 less than two weeks ago.[1] This analysis has been underscored by John T. Medeiros, an experienced U.S. immigration attorney and the Chair of the Minnesota/Dakotas Chapter of the American Immigration Lawyers Association.[2]

According to Medeiros, this subject was the focus of a recent conference call with nearly 100 immigration lawyers across the U.S.

He noted that he and many other immigration lawyers have been focused on assisting “family members and friends of Afghan allies in applying for humanitarian parole, which the federal Immigration Service says “is used to bring someone who is otherwise inadmissible to the United States for a temporary period of time due to an emergency.”

This conference call emphasized the following current status of this situation:

  • “Within the past two months there have been over 17,000 applications for humanitarian parole filed with the USCIS.”
  • “Each application includes a filing fee of $575; in the past two months the USCIS has received an estimated $9.8 million in fees.”
  • “While there is an option to request a fee waiver, almost all applications filed with a fee waiver have been rejected by the USCIS.”
  • “For the pending 17,000 applications there are a total of six USCIS adjudicators.”
  • “Since Sept. 1, USCIS has not processed any applications for individuals still in Afghanistan.”
  • “Since that same date, USCIS has processed ‘a handful of applications’ for Afghan nationals displaced in a third country.”
  • “USCIS is expected to soon announce its plans to adjudicate those applications that remain pending, with priority given to individuals who are not physically in Afghanistan. The rationale for this decision is that third-country nationals would be able to obtain the required travel permission in the form of a visa at a U.S. consular post in the third country, while visa services have been suspended within Afghanistan.”
  • “It is unclear if [U.S.] visas will be issued to displaced Afghan nationals who are not in possession of a valid passport.”

This horrible situation, said Medeiros, caused the participants in this conference call to demand the following actions:

“[We] call on Department of Homeland Security Secretary Alejandro Mayorkas to immediately allocate sufficient resources to the USCIS for the swift adjudication of the pending 17,000 applications for humanitarian parole and to approve applications for fee waivers for applicants who meet the eligibility criteria.”

“After these applications have been approved, we call on Secretary of State Antony Blinken to expedite the vetting process and the issuance of visas to displaced Afghan nationals, including those who are not in possession of a valid passport.”

“[We] call on the office of the White House to authorize the U.S. Department of Defense to send military flights to countries with concentrations of displaced Afghan nationals, and evacuate those with valid claims to asylum, Special Immigrant Visas or any other immigration benefit.”

“[We] call on Congress to swiftly pass the Afghan Adjustment Act, which would provide a path to permanent residence for those Afghan evacuees who have risked their lives in support of U.S. military efforts. It is the least we can do to honor the sacrifices our Afghan allies have made for the benefit of American democracy.”

Conclusion

These recommendations are endorsed by this blogger, who is a retired lawyer who did not specialize in immigration law, but who in the mid-1980s learned certain aspects of immigration and asylum law and then served as a pro bono lawyer for asylum seekers from El Salvador and other countries.[3]

This endorsement is also buttressed by my current service on the Refugee Co-Sponsorship Team at Minneapolis’ Westminster Presbyterian Church, which is now co-sponsoring an Afghan family with the assistance of the Minnesota Council of Churches. [4]

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[1]  Immense Problems Hampering U.S. Efforts To Resettle Afghans, dwkcommentaries.com (Oct. 22, 2021).

[2] Medeiros, We’re still failing Afghan allies. Why no outrage?, StarTribune (Nov. 2, 2021); John t. Medeiros [Biography];  American Immigration Lawyers Association, Minnesota/Dakotas Chapter.

[3]  Becoming a Pro Bono Asylum Lawyer, dwkcommentareis.com (May 24, 2011); My Pilgrimage to El Salvador, April 1989, dwkcommentaries.com (May 25,  2011); Teaching the International Human Rights Course, dwkcommentaries.com (July 1, 2011).

[4]  Schulze, Campbell & Krohnke, Our Sojourners Have Arrived, Westminster News, p.7  (Nov. 2021).

Immense Problems Hampering U.S. Efforts To Resettle Afghans   

Since the U.S. evacuation of Afghanistan on  August 31, 2021, the U.S. has been engaged in the complicated task of resettling an anticipated 65,000 to 100,000 Afghans in the U.S. Now the U.S. Government is admitting that its initial goal of completing these resettlements by the end of this year cannot be achieved and that it will take through March 2022 if not longer. [1]

 Locations of Afghans Evacuated by U.S.

The only somewhat comprehensive accounting of where these people are today that this blogger has been able to find is a Wall Street Journal article vaguely describing Secretary of Defense Lloyd Austin’s October 8 written responses to written questions from Senator James Inhofe (R-Okla.), the ranking member of the Senate Armed Services Committee. Here are those approximate numbers:

  • During August 2021, 124,000 people were evacuated from that country by the U.S., 85% or 105,400 of whom were Afghans.
  • Approximately 53,000 of these Afghan  evacuees were living at eight U.S. military bases in this country; 34%  were male adults, 22% were female adults and 44% were children.
  • Other Afghan evacuees (perhaps 6,000 to 10,000) were at U.S. military installations in Germany, Spain, Italy and Kosovo.
  • Another 6,000 have been resettled in the U.S.
  • Saudi Arabia, Qatar, Kuwait and United Arab Emirates have provided temporary space for screening and vetting by Departments of Defense and State and other federal agencies..

U.S. Immigration Status of Afghan Evacuees.

  1. Humanitarian Parole

Most Afghan evacuees arrive in the U.S. as humanitarian parolees with eligibility to apply for work authorization. Such permits are granted on a case-by-case basis permitting them to stay for two years after appropriate screening and vetting and subject to medical screening and vaccination and reporting requirements. Failure to meet these conditions may be cause for denial of work authorization and potentially termination of the parole and initiation of detention and removal.

Moreover, “humanitarian parolees lack a path to legal U.S. residency and the benefits and services offered to traditional refugees, according to U.S. officials and aid groups working closely with the government.” Instead, “Afghan parolees who have arrived at U.S. military bases will be eligible for an ad hoc State Department program that provides limited assistance for up to 90 days, including a one-time $1,250 stipend. But they will not have the full range of medical, counseling and resettlement services available to immigrants who arrive through the U.S. refugee program.”

  1. Afghan Special Immigrant Visas (SIVs)

Some evacuees may qualify for the Afghan Special Immigrant Visa (SIV) by meeting the following requirements:

  • “Employment in Afghanistan for at least one year between October 7, 2001, and December 31, 2023, by or on behalf of the U.S. government or by the International Security Assistance Force (ISAF), or a successor mission in a capacity that required the applicant to serve as an interpreter or translator for U.S. military personnel while traveling off-base with U.S. military personnel stationed at ISAF or to perform activities for U.S. military personnel stationed at ISAF; “and
  • “Have experienced or be experiencing an ongoing threat as a consequence of their employment.”

On October 21, U.S. Senators Inhofe (R-Okla.), Risch (R-Idaho) and Portman (R-Ohio) sent a letter requesting a joint review and audit of the SIV program to the inspectors general of the Departments of State, Defense and Homeland Security and the U.S. Agency for international Development. These Senators contend that in the “chaotic and haphazard U.S. withdrawal” from Afghanistan  “thousands of SIV applicants were shamefully left behind,[putting them] at great risk, vulnerable to retaliation from the Taliban due to their association with the [U.S.].”

The same day (October 21), Senator Inhofe stated that a classified briefing on security in Afghanistan confirmed that after the U.S. withdrawal the U.S. “is now less safe” and that the “Taliban can’t—and won’t –do anything to prevent al-Qaeda from training or launching attacks from Afghanistan” and in fact will only “enable al-Qaeda.” These issues will be probed in an upcoming hearing of the Senate Armed Services Committee.

  1. Priority 2 (P-2) Designations

Other evacuees may be eligible for Priority 2 (P-2) designation  granting U.S. Refugee Admissions Program access for Afghans and their eligible family members by satisfying on of the following conditions;

  • “Afghans who do not meet the minimum time-in-service for a SIV but who work or worked as employees of contractors, locally-employed staff, interpreters/translators for the U.S. government, U.S. Forces Afghanistan (USFOXRX-A), International Security Assistance Force (ISAF), or Resolute Support;”
  • “Afghans who work or worked for a U.S. government-funded program or project in Afghanistan supported through a U.S. government grant or cooperative agreement;” or
  • “Afghans who are or were employed in Afghanistan by a U.S.-based media organization or non-governmental organization.”
  1. Priority 1 (P-1) Designations

Afghans also could be eligible for “the Priority (P-1) program by virtue of their circumstances and apparent need for resettlement who are referred to the P-1 program . . .  by the UN High Commissioner for Refugees (UNHCR), a U.S. embassy, or a designated NGO.”

  1. Asylum Applicants

Another option for the parolees is to apply for asylum on proof of “persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” Such a claim realistically requires the services of a U.S. attorney knowledgeable about asylum law and procedures, preferably a pro bono attorney who serves without a fee. The current horrible backlog in immigration courts makes this a very challenging undertaking.

  1. Green Card Proposal

On September 7, President Biden submitted to Congress a request for authorization of green cards for Afghan s after a year in the U.S. This was part of a request for $6.4 billion for the Afghan resettlement effort.

Other Practical Problems

Another problem causing delays is an outbreak of measles in the Afghan evacuees that prompted military base officials to carry out a broad vaccination effort against measles, Covid-19 and polio.

Yet another problem causing delays in Afghan resettlement is the current U.S. housing shortage coupled with soaring rents and the resulting reluctance of landlords to take on potential tenants with no existing income or credit scores. Moreover, initially the Afghans had to live within a hundred miles of a resettlement agency, the number of which shrunk as a result of the Trump Administration reducing the number of refugees the us. would accept for resettlement.

Resettling them in places that have sizable existing Afghan communities would make a lot of sense except that many of those places like California and northern Virginia are particularly expensive.

There also have been other practical problems. Some of the living facilities on U.S. military bases at least initially were inadequate in many ways, and warmer clothing for the Afghans was in short supply. In addition, travel for the Afghans from military bases to their final destinations was organized by the International Organization for Migration, a U.N. agency that has been understaffed in the U.S.

Conclusion

The issues presented by resettlement of Afghan evacuees are very complex, and this blogger would greatly appreciate comments correcting or amplifying this post’s discussion.

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[1] U.S. Dep’t Homeland Security, Fact Sheet on Operation Allies Welcome; Friedman, U.S. Housing Market Needs 5.5 Million More Units, Says New report, W.S.J. (June 16, 2021); Parti & Hackman, Biden Administration Proposes Asylum Overhaul to Reduce Backlog, Speed Deportations, W.S.J. (Aug. 18, 2021); Hackman, U.S. Refugee Organizations Race to Prepare for Influx of Afghans, W.S.J. (Aug. 31, 2021); Hackman & Hughes, Biden Administration Seeks New Law to Ease Afghan Refugees‘ Path to Green Cards, W.S.J. (Sept. 8, 2021); U.S. Resettlement of Refugees and Recent Afghan Evacuees, dwkcommentaries.con (Sept. 8, 2021); McBride & iddiqui, U.S. Suspends Flights of Afghans After Four Test Positive for Measles, W.S. J. (Sept. 10, 2021); Parker, Soaring Rents Makes It a Very Good time to Own an Apartment  Building, W. S. J. (Sept. 14, 2021);  Hackman, Afghan Refugees in the U.S.: How They’re Vetted, Where They’re Going and How to Help, W.S.J. (Sept. 15, 2021); Kesling,  A U.S. Military Base  Needs to Make 13,000 Afghan Evacuees Feel at Home, W.S.J. (Oct. 1, 2021); George & Mehrdad, Routes out of Afghanistan dwindle as Pakistan cancels flights, Wash. Post (Oct. 14, 2021); Kesling & Hackman, U.S. Afghan Resettlements Slowed by Housing  Shortage, Old Technology, W.S.J. (Oct. 17, 2021); Youssef, Almost Half of Afghan Evacuees at U.S.Bases Are Children, Pentagon Says, W.S.J. (Oct. 20, 2021); Sen. Inhofe Press Release, Inhofe, Risch, Portman request Investigation of SIV Program Shortcomings Amid Afghanistan Withdrawal (Oct. 21, 2021); Sen. Inhofe Press Release, Inhofe Statement on Afghanistan Security Briefing (Oct. 21, 2021).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

U.S. Resettlement of Refugees and Recent Afghan Evacuees

The U.S. currently is engaged in resettling in this country refugees from around the world under previously established international refugee resettlement processes as well as recent Afghan evacuees under newly modified processes for Afghans.

Here is a summary of the legal requirements and administrative procedures for these important developments.

U.S. Resettlement of Refugees

  1. International Legal Protection of Refuges[1]

In 1951 an international conference of diplomats adopted an international treaty to protect refugees (Convention Relating to the Status of Refugees).

This treaty went into effect or force in April 1954 after its ratification by six states. However, the U.S. did not directly ratify this treaty, but did so indirectly in 1968 when under the leadership of President Lyndon Johnson the U.S. ratified a treaty amendment (Protocol Relating to the Status of Refugees).

The U.S., however, did not adopt implementing legislation until 1980, when President Jimmy Carter led the adoption of the U.S. Refugee Act of 1980, which included the treaty’s following definition of “refugee” (with U.S. express addition for “past” persecution):

  • “ (A)ny person who is outside any country of such person’s nationality . . . and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of [past] persecution or a well-founded fear of [future] persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.. . . ”

As of January 20, 2020, there were 146 parties to the Convention and 147 to the Protocol.

  1. International Resettlement of Refugees[2]

After international cooperation on resettlement of specific groups of refugees, 1956-1995, the United Nations High Commissioner for Refugees (UNHCR) in 1995 organized the Annual Tripartite Consultations on Resettlement for the UNHCR, nation states and civil society. By the end of 2019, these consultations had established a global resettlement policy and procedures to attempt to provide locations for such resettlement that can provide the services that refugees need. These procedures have resulted in resettlement of over 1 million refugees: 90 percent of whom came from Myanmar, Syrian Arab Republic, Iraq, Democratic Republic of Congo and Somalia and were resettled in the U.S., Canada, Australia, Sweden and the United Kingdom.

At the end of 2019, the UNHCR estimated there were 26 million refugees in the world, about one half of whom are under the age of 18. This group is part of the 79.5 million forcibly displaced people in the world (the other 53.5 million are forcibly displaced within their own countries and thus not entitled to refugee status).

  1. U.S. Resettlement of Refugees[3]

The U.S. has participated in this international resettlement program under the overall direction of the Departments of State and Homeland Security.

Under U.S. law the U.S. President establishes annual quotas for such resettlements. The largest such quota was 200,000 in 1980 when President Carter led the U.S. adoption of the Refugee Act of 1980. In 1999 under President Clinton the quota was 132,631, and in 2016 under President Obama it was 84,994.

For Fiscal 2019 President Trump reduced the number of refugees for resettlement in U.S. to 15,000 and required cities and counties to file written affirmative consents for such resettlements with the State Department, but a federal court held that requirement was illegal. Nevertheless, many states, including Minnesota, granted such consents along with statements about the many contributions by refugees to their states.

President Biden initially said he would maintain the 15,000 quota set by Trump for this fiscal year, but after strong objections by influential Senators and others, the White House on May 3, 2021, stated the it was revising the quota to 62,500 for this fiscal year although it was unlikely that it would meet that number by that year’s end on 9/30/21. President Biden also said that he intends to increase the quota for the next fiscal year to 125,000.

  1. Refugee Resettlement in Minnesota [4]

From 2005 through 2019 the State of Minnesota had resettled 33,189 refugees. The largest numbers came from Somalia (13,674), Burma (8,604), Ethiopia (2,194), Laos (2,042), Iraq (1,290), Bhutan (1,188) and Liberia (1,171).

For Fiscal 2021 (ending 9/30/21), Minnesota had a resettlement goal of 500, but as of 5/12/21 had received only 30. They came from the Democratic Republic of Congo, Ethiopia, Somalia, Ukraine and Republic of Moldova (Eastern European county and former part of USSR). Because of COVID-19, the goal of 500 probably will not be met.

For Fiscal 2022 (before the evacuation of Afghans), Minnesota expected to have a resettlement goal of 1,900 given President Biden’s stated intent to increase the national total to 125,000.

Such resettlements are coordinated by refugee resettlement agencies in the State: Minnesota Council of Churches (Refugee Services), International Institute of Minnesota, Lutheran Social Services of Minnesota, Catholic Charities of Southern Minnesota and Arrive Ministries.

Minneapolis’ Westminster Presbyterian Church, where this blogger is a member, is launching its Refugee Co-Sponsorship Team of six to twelve individuals under the leadership of three “champions” with guidance of the Minnesota Council of Churches and anticipates receiving its first refugee family this October.

Our Team’s commitment is for four to six months starting with setting up an apartment selected by the Council with furnishings that it and our Team provides; welcoming the family on their arrival at the Minneapolis-St. Paul Airport and transporting them to their apartment;  helping the family’s orientation to their new neighborhood, city and services; transporting them to various meetings and shopping; assisting school registration for any children and adult ESL enrollment; providing information about various public services and obligations; and helping them find employment. In short, being friends to our new residents. The co-sponsorship ends with a closing ceremony, transitioning the relationship to mutual friendship, rather than a continued helping relationship. [5]

U.S. Resettlement of Recent Afghan Evacuees.

The recent turmoil in Afghanistan has resulted  in the U.S. evacuation from that country of approximately 130,000 people (124,000 Afghans and 6,000 U.S. citizens).

Many of the Afghan allies with U.S. special immigrant visa applications and their families who recently escaped Afghanistan were flown from Kabul to Washington, D.C. for their subsequent transfer to U.S. forts in Virginia (Fort Lee),Texas (Fort Bliss) and western Wisconsin (Fort McCoy, which is about 169 miles southeast of Minneapolis). Others were flown to U.S. military bases in other countries for processing and hoped-for transfers to the U.S.[6]

This summary is based upon the cited sources with recognition that this is a very complex and changing situation and readers’ corrections and amplifications are most welcome.

  1. Legal Status of Afghan Evacuees[7]

Most, if not all, of these Afghans have not been through the previously described procedures for resettlement of refugees and have not been determined to meet the requirements for refugee status. (Some articles erroneously refer to them as “Afghan refugees.”)

Instead, they are being vetted by U.S. agencies for meeting the following requirements for Afghan Special Immigrant Visas (“SIVs”):

  • employment in Afghanistan for at least one year between October 7, 2001, and December 31, 2023, by or on behalf of the U.S. government or by the International Security Assistance Force (ISAF), or a successor mission in a capacity that required the applicant to serve as an interpreter or translator for U.S. military personnel while traveling off-base with U.S. military personnel stationed at ISAF or to perform activities for U.S. military personnel stationed at ISAF; and
  • Have experienced or be experiencing an ongoing threat as a consequence of their employment.

Alternatively some Afghans might be eligible for Priority 2 (P-2) designation granting U.S. Refugee Admissions Program access for Afghans and their eligible family members by satisfying one of the following conditions:

  • “Afghans who do not meet the minimum time-in-service for a SIV but who work or worked as employees of contractors, locally-employed staff, interpreters/translators for the U.S. government, U.S. Forces Afghanistan (USFOXRX-A), International Security Assistance Force (ISAF), or Resolute Support;”
  • “Afghans who work or worked for a U.S. government-funded program or project in Afghanistan supported through a U.S. government grant or cooperative agreement;” or
  • “Afghans who are or were employed in Afghistan by a U.S.-based media organization or non-governmental organization.”

Afghans also could be eligible for “the Priority (P-1) program by virtue of their circumstances and apparent need for resettlement who are referred to the P-1 program . . .  by the UN High Commissioner for Refugees (UNHCR), a U.S. embassy, or a designated NGO.”

However, an Associated Press reporter claims that “the majority will arrive without visas as ‘humanitarian parolees,’ lacking a path to legal U.S. residency and the benefits and services offered to traditional refugees, according to U.S. officials and worried aid groups working closely with the government.” Instead, “Afghan parolees who have arrived at U.S. military bases will be eligible for an ad hoc State Department program that provides limited assistance for up to 90 days, including a one-time $1,250 stipend. But they will not have the full range of medical, counseling and resettlement services available to immigrants who arrive through the U.S. refugee program.”

  1. U.S. Administrative Agencies Involved in “Operation Allies Welcome”[8]

On August 19, 56 Senators sent a bipartisan letter to President Biden calling for “the urgent evacuation of Afghan Special Immigrant Visa (SIV) applicants and their families, as well as the full and immediate implementation of [the above legislation] to expand the Afghan SIV program and streamline the application process.”

That message was in accord with the Biden Administration’s desires. On August 29, President Biden directed the Department of Homeland Security to be the lead agency coordinating this resettlement effort and that agency’s Secretary (Alejandro N. Mayorkas) simultaneously appointed Robert J. Fenton, Jr. with 29 years of experience in FEMA large-scale response and recovery efforts to lead the interagency Unified Coordination Group in this effort. He will be working with Jack Markell, a former Delaware Governor and now the White House’s coordinator of “Operation Allies Welcome.”

  1. Resettlement of Afghan Evacuees in U.S. [9]

Operation Allies Welcome is asking the nonprofit organizations that have contracted with the U.S. State Department for resettlement of refugees to also handle the resettlement of the Afghan evacuees. This task is made much more difficult by last year’s shrinkage of these agencies caused by President Trump’s reduction of the quota for such resettlement to 15,000 and the associated reduction of federal financial support for same and by the size and unresolved issues about the Afghan evacuees.

  1. Societal Reactions to Afghan Resettlement [10]

There are general reports about positive reactions to such resettlement from U.S. citizens and organizations.

The State of Minnesota did so in an August 19, 2021, letter to President Biden from Minnesota Governor Tim Walz and Lieutenant Governor Peggy Flanagan. It stated that Minnesota “in the past . . . has stepped forward to help those who are fleeing desperate situations and need a safe place to call home” while acknowledging, “New Minnesotans strengthen our communities and contribute to the social fabric of our state. They are our neighbors.” Therefore, “we [in Minnesota] stand ready to work with you and your administration to welcome [Afghan] families as this effort to provide safety and refuge continues.”

Minnesota’s U.S. Senator Amy Klobuchar has voiced a similar opinion by offering her office’s assistance to American citizens and Afghan allies looking to evacuate that country and by signing a bipartisan letter to the President urging support for evacuation efforts.

In addition, Temple Israel of Minneapolis is embarking on a program to help some of these Afghans to resettle in Minnesota and has enlisted Westminster Presbyterian Church as a co-sponsor for such resettlements. The Temple’s program probably springs from the Hebrew Immigrant Aid Society (HIAS) as well as a continuous Jewish presence in the territory of Afghanistan from the 8th century CE until the 20th century.[11]

Conclusion[12]

Westminster’s involvement with immigrants is not new in our 160 years. Indeed, the church was established in 1857 by Scottish and Welsh newcomers on land that had been home to the Dakota people for many generations. In 1870 we established our first global mission partnership after our third pastor had visited China and in the 1880s began a formal ministry teaching English and providing support to Chinese immigrants that continued in the 20th century.

Our church also has partnerships with Protestant churches in Cuba, Cameroon and Palestine.

These Westminster ministries are inspired by various Biblical passages.

The book of Leviticus says, “When an alien resides with you in your land, you shall not oppress the alien. The alien who resides with you shall be to you as the citizen among you. You shall love the sojourner as yourself, for you were sojourners in the land of Egypt. I am the Lord your God.” (Leviticus 19: 33-34.) (The Hebrew word for “alien” is “ger,”which means stranger in the land, one who sojourns among you.)

Jesus, of course, told stories about heroes who are disliked foreigners, like the good Samaritan (Luke 10: 25-37) , or when He welcomes those whom others shun as outsiders, like the Samaritan woman at the well (John 4: 1-26) and when He ignores the then current mandate no to pay attention to people living with leprosy or other illnesses (Matthew 8: 1-3).  As our Pastor, Rev. Tim Hart-Andersen said in his recent sermon, “As Christians, our core conviction insists on hospitality to those deemed other by the world around us—and anyone else known to be the most vulnerable in the community.”

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[1] UNHCR, Convention and Protocol Relating to the Status of Refugees; Refugee Act of 1980; Convention Relating to the Status of Refugees, Wikipedia; List of Posts to dwkcommentaries—Topical: LAW (REFUGEE & Asylum).

[2]  UNHCR, The History of Resettlement (2019).

[3] U.S. State Dep’t, About Refugee Admissions; U.S. State Governments Celebrate Refugee Accomplishments, dwkcommentaries.com (Feb. 2, 2020); U.S. State Dep’t, Report to Congress on Proposed Refugee Admissions for Fiscal Year 2021 (Oct. 22, 2020); U.S. Reduces Refugee Admissions to 15,000 for Fiscal 2021, dwkcommentaries.com (Oct.  2, 2020); U.S. State Dep’t, Report to Congress on the Proposed Emergency Presidential Determination on Refugee Admissions for Fiscal Year 2021 (Feb. 12, 2021); Joe Biden Raises Trump refugee cap  after backlash, BBC News (May 4, 2021);UNHCR, UNHCR applauds US decision to increase refugee resettlement (May 3, 2001). Minnesota Council of Churches, Refugee Services.

[5]  Minnesota Council of Churches, Refugee Services; Minnesota Council of Churches, Help Afghan Refugees (Aug. 30, 2021); Campbell, Schulze & Krohnke, Our Refugee Family Co-Sponsorship: An Invitation to Love the Sojourner Among Us, Westminster News (Sept. 2021).

[6] U.S. Defense Dep’t, U.S. Seeks to Open More Locations to Aid Evacuation From Kabul, General Says, DOD News (Aug. 21, 2021); Assoc. Press, Afghan refugees arrive, temporarily, in northern Virginia, Wash. Post (Aug. 22, 2021); Assoc. Press, Afghan refugees begin arriving at Fort McCoy in western Wisconsin, StarTribune (Aug. 23, 2021); Musa, The United States Needs an Afghan Refugee Resettlement Act, Foreign Policy (Aug. 19, 2021), ; Baghdassarian & Carney, Special Immigrant Visas for the United States’ Afghan Allies, Lessons Learned from Promises Kept and Broken, Lawfare (Aug. 19, 2021),

[7] State Dep’t, Special Immigrant Visas for Afghans—Who Were Employed by/on behalf of the U.S. Government; State Dep’t, U.S. Refugee Admissions Program Priority Designation 2 for Afghan Nationals (Aug. 2, 2021); Press Release, BREAKING: Senate Passes Shaheen-Ernst Bill to Protect Afghan Allies through SIV Program as Part of Supplemental Spending Bill (July 29, 2021); Emergency Security Supplemental Appropriations Act, 2021, Public Law 117-331, enacted on July 30, 2021; Assoc. Press, For Afghan evacuees arriving to U.S., a tenuous legal status and little financial support, Wash. Post (Sept. 1, 2021).

[8] Shaheen, Ernst Lead Bipartisan Effort Urging the Administration on Immediate Evacuation & Full Implementation of their SIV Legislation Aug. 19, 2021). Homeland Security Dep’t, DHS to Serve as Lead Federal Agency Coordinating Efforts to Resettle Vulnerable Afghans, (Aug. 29, 2021); Sacchetti, Miroff & Demirjian, Biden names former Delaware governor Jack Markell to serve as point person on Afghan resettlement in the United States, Wash. Post (Sept. 3, 2021).

[9] U.S. Refugee Organizations Race to Prepare for Influx of Afghans, W.S.J. (Aug. 31, 2021). Hackman, Afghan Refugees in the U.S.: How They’re Vetted, Where They Are going and How to Help, W.S.J. (Sept. 3, 2021). Assoc. Press, US faith groups unite to help Afghan refugees after war, StarTribune (Sept. 2, 2021).

[10] Office of Governor Walz & Lt. Governor Flanagan, Governor Walz and Lieutenant Governor Peggy Flanagan: Minnesota Stands ready to Welcome Afghan Refugee Families (Aug. 19, 2021); Assoc. Press, Walz extends Minnesota’s welcome mat to Afghan refugees (StarTribune (Aug. 20, 2021). News Release, Klobuchar Announces Office Assistance for Americans and Afghan Allies Evacuating Afghanistan (Aug. 18, 2021).

[11] HIAS Statement on Afghanistan Crisis (Aug. 16, 2021); History of the Jews in Afghanistan, Wikipedia; Oreck, Afghanistan Virtual Jewish History Tour, Jewish Virtual Library; The Jews of Afghanistan, Museum of the Jewish People.  Westminster’s Response to Crisis in Afghanistan (Aug. 8, 2021).

[12] Rev. Timothy Hart-Andersen & Rev. David Tsai Shinn, Sermon: Concerning the Sojourner (June 20, 2021). Westminster Presbyterian Church, Global Partners Ministry Team.

 

Objections to Proposed U.S. Rule Changing Asylum Procedures

The U.S. Department of Justice’s Executive Office for Immigration Review (EOIR) has proposed a rule that would significantly shorten the time for asylum seekers to file their paperwork for asylum and to amend that paperwork.[1] Given my experience as a pro bono attorney for such individuals, I filed with the EOIR a comment objecting to that proposed rule. Here is that comment followed by another objection by a Minnesota lawyer and friend, Steven Thal.

My Objection to the Proposed Rule[2]

“I am writing to oppose EOIR’s proposed rule to curtail human rights of asylum seekers by limiting timelines for applications and unlawfully restricting the type of evidence presented. The rule represents yet another attempt to restrict the right of people to obtain protection from persecution and torture—rights that the U.S. has agreed to meaningfully implement. By putting up nearly-insurmountable obstacles in that process, this proposed rule violates the rights of asylum seekers and, therefore, U.S. and international law. For the following reasons, I request that this rule be withdrawn in its entirety.”

I.“The 15-day filing deadline for asylum- and withholding-only removal proceedings will contravene our international and domestic laws.”

”The proposed rule will violate our obligations under the UN Refugee Convention and U.S. law by impinging on the ability for people in asylum- and withholding-only proceedings to adequately prepare their case. The rule proposes to require filing within 15 days of the person’s first hearing. For most in asylum- and withholding-only proceedings, this will be an impossible task as many are recently-arrived in the U.S., lack sufficient language skills to prepare a filing that must be in English, lack the resources to pay the now-required $50 fee, and are unlikely to secure reliable counsel on that timeline. Asylum seekers are entitled to present their case and be represented by counsel. This new rule infringes on those rights and must be withdrawn. Moreover, the rule will unduly impact attorneys and service providers—particularly nonprofit providers—who will be overburdened and unable to find pro bono counsel willing to complete applications on such a timeline”

II.“The proposed restrictions on evidence are a blatant attempt to deny asylum protections and improperly restrict due process.”

“The proposed changes to evidence are unlawful and blatantly targeted to discourage asylum applications. This violates our obligations under the UN Refugee Convention as well as U.S. law.”

“The proposed rule proposes to make all evidence other than U.S. government reports presumptively unreliable. Such change would allow immigration judges to discount local and international news sources, reports by both local and international nongovernmental organizations and even United Nations reports. The only evidence under the new rule that would be presumed credible would be reports prepared by the U.S. Government, i.e., opposing counsel in an asylum case.”

“This rule is unjustified and must be withdrawn as local and international sources provide nuanced and expert analysis that the U.S Government reports often lack due to capacity, know-how and diplomatic pressures. Moreover, because U.S. Government reports will be prepared by the same branch as the opposing counsel in asylum cases, the rule violates basic understandings of due process rights by presumptively finding one side credible. And, the rule allows immigration judges to introduce their own evidence into the record, further violating due process by eliminating their role as a neutral arbiter.”

III. “The proposed 30-day timeframe for correcting errors will deny asylum to those who need protection, thereby contravening international and domestic law on nonrefoulment.”

“The proposed rule further violates asylum seekers’ rights by restricting their ability to file an application. The proposed rule, though espousing efficient processing of applications, removes the requirement that EOIR return an application within 30 days of filing or presume it properly filed. Yet, it then gives the asylum seeker only 30 days to correct any deficiencies and will deem abandoned and deny any application not corrected in that time. This rule is a clear attempt to allow the Government to deny bona fide asylum claims under the guise of procedural efficiencies. Moreover, it will violate our international nonrefoulment obligations by denying asylum applications due to procedural defects rather than substance and, therefore, returning people to countries in which they will be persecuted or tortured.”

IV. “The proposed 180-day case completion timeline and restrictions on continuances improperly penalizes asylum applicants for the court’s inefficiencies.”

 “The proposed rule passes-on to the applicant the inefficiencies and failure of EOIR to provide sufficient resources—while eliminating case management techniques such as administrative closure—by requiring applications be adjudicated within 180 days absent a very limited set of exceptional circumstances. The rule will mean in practice that bona fide asylum applicants are denied and removed to countries in which they will face persecution or torture because they will be foreclosed from requesting continuances to sufficiently prepare their case. By essentially barring continuances and demanding immigration judges adjudicate cases on impossible timelines given backlog and complexity of asylum cases—as well as the myriad new restrictions and processing requirements created over the past four years— the proposed rule will result in improperly decided cases, increasing the rate of appeals and threatening to deny those who truly need our protection. Such a timeline will also present immense challenges to attorneys and pro bono service providers who will be challenged to represent clients to the best of their abilities without the ability to request time to prepare. This infringes on the due process rights of asylum clients and should be withdrawn.”

V. “My Personal Experience As a Pro Bono Asylum Lawyer Demonstrates the Utter Insanity of this Proposed Regulation.”

“In the mid-1980s I was a partner in a major Minneapolis law firm with 20 years of experience representing fee-paying clients in business litigation. I had not studied immigration law in law school or thereafter and had no knowledge of that field in general or refugee and asylum law in particular. But for various professional and personal reasons, I decided that I wanted to be a pro bono lawyer for an asylum seeker from Central America.”

“Fortunately for me and many other Minnesota lawyers, then and now, a Minnesota non-profit organization—[Minnesota] Advocates for Human Rights—provided a course in refugee and asylum law for lawyers like me and the support of experienced immigration lawyers that enabled me and others, then and now, to become pro bono asylum lawyers.”

“With that support from this system and my law firm, I thus embarked in the mid-1980’s on my first pro bono case for a Salvadoran asylum seeker and tried the case in the Immigration Court with the assistance of an experienced immigration attorney. We lost the case, but filed an appeal to the Board of Immigration Appeals, and under the laws at that time our client maintained his work permit and continued to live and work in the Twin Cities.”

“Thereafter with the assistance of [Minnesota] Advocates for Human Rights I was a pro bono attorney for another Salvadoran asylum seeker, whose case prompted me in April 1989 to go to that country, at my own expense, to do some investigations in his case and learn more about that country more generally. This trip was during the Salvadoran Civil War and on the day that I arrived her attorney general was assassinated with a car bomb. That subsequent week, therefore, was tense and dangerous, but to my surprise turned out to be the most important religious experience of my life as I started to learn about the courageous work of Archbishop (now Saint) Oscar Romero, the Jesuit priests at the University of Central America (six of whom were murdered by the Salvadoran military later that same year), Bishop Menardo Gomez of the Lutheran Church of El Salvador and many others. Afterwards my second Salvadoran client was granted protection by the Immigration and Naturalization Service.”

“In the 1990s I was a successful pro bono lawyer for an Afghan’s affirmative application for asylum and later for U.S. citizenship. Thereafter until my retirement in 2001 I also had success as a pro bono attorney for asylum seekers from Colombia, Somalia and Burma. All of this was made possible by the assistance of Advocates for Human Rights and experienced immigration lawyers and by the support of my law firm.”

“As a result of this experience, I can testify that asylum seekers in the U.S. desperately need the assistance and guidance of able pro bono attorneys since almost all such individuals do not have the financial resources to retain fee-based attorneys.”

“Moreover, I can testify to the time constraints associated with such pro bono representation.”

“First, organizations like Advocates have procedures to screen potential asylum applicants and identify those who appear to have credible claims and then seek to find an a competent attorney who is willing to represent, pro bono, such applicants. These organizations also have to develop and produce at least annual programs to educate potential pro bono attorneys about refugee and asylum law and develop other ways to recruit such lawyers to volunteer their services to asylum seekers. That takes time and effort and financial support by charitable contributions from the community. Advocates for Human Rights continues to be successful in these efforts.”

“Second, once an attorney agrees to take such a case, pro bono, he or she needs to fit that case into his or her caseload and obligations to existing clients, especially fee-paying clients. Once the attorney starts working on the pro bono asylum case, he or she may identify documents that need to be obtained from another place in the U.S. or foreign country and/or need to be translated from a foreign language into English. An interpreter may be needed for conferences with the client or other witnesses. Eventually the attorney must prepare documents for the asylum application and appear with the client in Immigration Court or at interviews on affirmative claims. In addition, the case may require the attorney to travel to another location. All of these actions by an attorney are necessary to provide competent advice and service to the pro bono client and all have their time requirements.”

“Third, these time pressures on the relevant non-profit organizations and pro bono asylum attorneys are even more intense now in the midst of the COVID-19 Pandemic disruptions and complications.”

“In short, it would be impossible under the proposed regulation for asylum seekers to obtain the competent pro bono representation they so desperately need. The proposed regulation is utter insanity.”

Steven Thal’s Objection to the Proposed Rule[3]

“I have been practicing immigration law since 1982 in Minneapolis, Minnesota. I also am a past Chair of the Immigration Section of the Minnesota State Bar Association. I have served as a past Chair of the Minnesota/Dakotas American Immigration Lawyers Association (AILA) Chapter and previously served as its Vice Chair and Secretary/Treasurer. I have served on the AILA Essential Workers Committee, AILA Immigration Works Committee. The law firm I established currently has three full-time associate attorneys involved in our practice. (www.thalvisa.com.)”

“First, I endorse the comments on this proposed rule made by my friend and fellow Minnesota attorney, Duane W. Krohnke (Comment Tracking Number: kgl-2g3o-0vel.) “

“Second, although my two associates and I along with other full-time Minnesota immigration attorneys represent some asylum seekers on a pro bono basis, the demand for such services exceeds our collective ability to do so. Therefore, we need the assistance of non-immigration attorneys to be pro bono lawyers for other asylum seekers after these lawyers have obained education about asylum law from Advocates for Human Rights. In short, the only way that asylum applicants in the Twin Cities and Minnesota can obtain a pro bono attorney is through organizations like Advocates.”

“Third, I would add that it would be nearly impossible to meet the proposed deadlines in this proposed rule given the difficulty in reaching clients who are in detention in remotely held jail facilities, especially since ICE can move these individuals without prior notification. Just getting a G-28 Notice of Appearance of Attorney signed is a logistical nightmare. Gathering evidence, locating witnesses, obtaining supporting evidence cannot be accomplished effectively within the short times in the proposed rule.”

Conclusion

For the foregoing reasons, we call on the Department to withdraw the proposed rule in its entirety.

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[1] Executive Office for Immigration Review (EOIR), Procedures for Asylum and Withholding of Removal (Sept. 23, 2020).

[2] Comment on FR Doc # 2020-2107, EOIR Procedures for Asylum and Withholding of Removal (by Duane Krohnke) (Oct. 22, 2020), Comment ID: EOIR-2020-0005-1113;Tracking Number kgl-2g3o-Ovel.

[3] Comment on FR Doc # 2020-2107, EOIR Procedures for Asylum and Withholding of Removal (by Steven Thal) (Oct. 22, 2020) Comment ID: EOIR-2020-0005-????; Tracking Number: 1K4-0jny-mh2v.

 

U.S. State Governments Celebrate Refugees’ Accomplishments

The now enjoined Trump executive order requiring state and local governments to consent to refugee resettlement has had what the President probably did not expect: many of the 42 states so consenting, all by their governors (both Republican and Democrat), also celebrated the many accomplishments of the previous refugees who have resettled in their states. These positive comments about refugees need to be remembered and continuously publicized, and so here they are. [1]

Alaska. Although the state has not officially submitted a consent letter to the federal government, its Governor in a press conference said, “the resettlement program has a longstanding history and is in line with U.S. and Alaska values.  I think America and Alaska get behind because, once again, it’s folks that are in situations where there’s war or some type of persecution and of course, when they apply to come here, the hope is that that’s put behind them and they can get on with their lives and be part of the state, if they choose to stay, and part of the country.”

Arizona. “Throughout our nation’s history, the United States has been a refuge for individuals fleeing religious and political persecution in their homeland, and Arizona has historically been one of the most welcoming states in terms of the number of refugees resettled here. Refugees arriving in the United States have been vetted and approved by the appropriate national security agencies and Department of State and have been granted legal entry to make a new home in the land of the free.”

Arkansas.  “Arkansans have a history of welcoming refugees. While we fully support control of our borders and oppose illegal immigration, we also value the contribution of immigrants and understand the importance of America continuing to be a welcoming nation for those truly seeking refuge and following the legal path to our land. Immigrants bring energy, a thirst for freedom, and a desire to pursue the American dream. This is America’s strength and part of our future.”

California “The State of California is proud to be a welcoming state, and is committed to the continued resettlement of refugees in partnership with local jurisdictions and community partners. California recognizes its resettlement programs and services are an indispensable lifeline to refugees who have been forcibly dispatched from their home countries and cannot rebuild their lives where they first fled.”

“The refugee resettlement program has a long history in California, spanning over 40 years and successfully resettling over 700,000 men, women and children. During these four decades, refugees continuously have contributed to the enrichment of our economy, culture, and society. California’s communities have flourished because of their diversity and ongoing ability to embrace refugees and immigrant families. . . . Refugees deserve our support and we will keep our doors open to these families and people to sustain  an inclusive California for all.”

 Colorado. “Colorado will continue to assist and resettle more refugees in our communities as long as people around the world are displaced from their home countries.”

“Since 1980, Colorado has welcomed individuals and families fleeing persecution, war, and violence from all over the world through the United States Refugee Admissions Program. Having a robust refugee program ensures that we are upholding our American values of humanitarianism, freedom, and opportunity. Not only is investing in refugees the compassionate and humane thing to do, refugees contribute to our economy in ways that benefit all Coloradans. For every dollar Colorado invests in refugees, we receive a $1.23 return on investment in tax revenue, and four new Colorado jobs are created for every refugee who is resettled in our State.”

Connecticut. “It is a bedrock principle of the United States of America that we welcome to our shores those fleeing tyranny, persecution and violence. As you well know, prior to being admitted to the United States, a refugee must undergo a rigorous vetting process. And we know from our own experience here in Connecticut that refugees enrich the communities that offer them shelter- socially, culturally, and economically. In addition, many people are resettled in our country as part of the Special Immigrant Visa (SIV) program, because they have put their lives and safety, and that of their families, at risk to help ensure the success and safety of our military service members in Afghanistan and Iraq. Connecticut is proud to do its part to honor our country’s commitment to them. The policy of the Trump Administration over several years to cut dramatically the number of refugees allowed to resettle in the United States is antithetical to our heritage and our values.”

Delaware. “Our country has historically been a refuge of safe harbor for those fleeing war-torn countries, violence, and political persecution. We should continue to stand as a beacon of hope and freedom for people around the world. In that spirit, as Delawareans, we are proud to do our part, and continue to accept the resettlement of refugees.”

Illinois. “Since 1975, the State of Illinois has welcomed and resettled more than 130,000 refugees from more than 86 countries. In recent years, 1,000 to 3,000 refugees, those seeking asylum, and victims of human trafficking arrived in Illinois annually. Refugees have successfully rebuilt their lives and made positive social and economic contributions to Illinois. They have helped revitalize neighborhoods and added to the cultural vitality of our state and communities. As survivors of persecution, refugees embody the importance of human rights, democracy, and freedom. Refugees’ resilience in the face of hardship inspires courage, hope, and perseverance. And refugees’ countless contributions undoubtedly make our states and nation stronger.”

Indiana. “Indiana is a destination of certainty, stability and opportunity. As a state, we are on course to become the absolute best place in America to grow as an individual, a family, a business and as a community. Our long tradition of welcoming and helping to resettle refugees with support from our federal partners, shows the world the compassion of Hoosiers and our willingness to give others the ability to grow and prosper in the great state of Indiana.”

“In just the last five years, state based non-profit agencies have resettled thousands of deserving, qualified individuals in the Hoosier state, who have been fully and carefully vetted by relevant federal government agencies. These are . . . individuals who have gone through all the proper channels, were persecuted for their religious or political beliefs in their homeland and have sought and been granted refugee status in our nation of immigrants.”

Kansas. “Kansas has a long and proud history of welcoming the world’s refugees to our state. Refugees are not simply looking for a better home, they are fleeing some of the most horrific violence, war, famine, religious and cultural persecution of our time. Our country and our state can provide the security they need for a safer place to call home. The citizens of Kansas have shown time and again a strong commitment to welcoming refugees into communities statewide.”  She also said, “Refugees come to our country and state looking for a better place to live. Our country and our state benefit as they also make positive contributions in significant ways. They contribute to our economy, workforce and the cultural fabric of our state and nation.”

Maine. “For more than forty years, and under the leadership of seven Democratic, Republican and Independent governors, Maine has participated in the federal refugee resettlement program. Over the course of those decades we have welcomed nearly 10,000 people from more than 30 countries – people who have resettled in Maine with the hope of finding peace, safety and work for themselves and their families.”

“Maine has a workforce shortage, projected to grow worse over the next decade, creating serious challenges for businesses seeking to hire qualified workers in every industry and in every sector of our economy. Our state welcomes refugees who have skills, education and ability, a proven work ethic and tremendous drive. It is the right thing to do, and it is critical to the strength of our economy and our future success as a state.”

Massachusetts. “Massachusetts is committed to continuing to serve as a source of hope and opportunity, welcoming those seeking refuge with open arms and ensuring that newcomers feel safe, valued and supported as they settle into a new country and integrate into new communities.”

“The United States has a proud and noble tradition of serving as a country of refuge for those most vulnerable in the world. The Commonwealth welcomed 516 refugees last year, from 30 countries, and has welcomed 14,282 refugees over the past decade, from 59 countries. Throughout history, many of the refugees our Country admitted became distinguished scientists, government leaders, entrepreneurs, cultural icons, and public servants. We have much to gain in providing refuge to those in need. Foreign born employees provide significant support to our economy and make up a critical part of the health and human services sector workforce.”

Michigan. “Michigan has a rich history of welcoming refugees and other immigrants to our state. I am committed to ensuring that we remain a leader in responding to the needs of globally displaced families and individuals. We recognize the value of being a welcoming state, and the contribution of refugees to the fabric of our communities. Refugees enhance our state socially, culturally, and economically.”

Minnesota. “Minnesota has a strong moral tradition of welcoming those who seek refuge. Our state has always stepped forward to help those who are fleeing desperate situations and need a safe place to call home. Refugees strengthen our communities. Bringing new cultures and fresh perspectives, they contribute to the social fabric of our state. Opening businesses and supporting existing ones, they are critical to the success of our economy. Refugees are doctors and bus drivers. They are entrepreneurs and police officers. They are students and teachers. They are our neighbors.”

“We will continue to work hard to ensure refugees become a thriving part of our communities, and I am confident this demonstration of compassion will mark the first step in these immigrants becoming  patriotic and productive fellow Americans.”

Missouri. “Missouri has a long and rich history of immigration, dating back to America’s earliest explorers, fur traders, and missionaries. Today, Missouri’s population includes thousands of former refugees who have become vital members of our communities. Since 2002, nearly 18,000 refugees from 45 countries have resettled in Missouri.”

“In Missouri, state organizations and faith-based groups work tirelessly to support refugee resettlement. Currently, there are five agencies that integrate refugees in St. Louis, Kansas City, Columbia, and Springfield, where they have helped strengthen local economies, especially through entrepreneurship. These groups do an excellent job of transitioning newly settled populations, ensuring they are educated, trained, and prepared to assimilate into their new community. In fact, St. Louis boasts one of the largest Bosnian populations outside that country itself. Community volunteers, especially faith-based partners, continue to be an integral part of such local resettlement efforts.”

Nevada. “Nevada is proud of our long-standing tradition of resettling refugees. Since the 1970s, Republican and Democratic Governors from Nevada have welcomed these individuals into our state with open arms. Earlier this year, I had the opportunity to meet with dozens of refugee children in the State Capitol. . . . While their unimaginable experiences of suffering and hardship may have originated in different areas around the globe, the personal stories they shared were defined by courage, hope and resilience. These stories embody the dignity and values of this country. Such is the story of Nevada Assemblyman Alexander Assefa. Mr. Assefa came to the U.S. as a refugee with similar hopes and dreams. After a lot of hard work, he became a pilot, a small business owner, and he now proudly serves in the Nevada State Legislature. Above all, he is a proud American.”

“We need not forget that refugees fled for their lives after enduring persecution, war and dire humanitarian conditions. Many waited several years in remote places, while undergoing extensive background checks and security clearances, for the opportunity to start a new life in the United States. Once here, refugees become productive, responsible and self-sufficient members of society and account for an important part of our workforce and that drives our economic engine.”

New Jersey. “New Jersey will continue to welcome refugees anxiously fleeing harm and seeking safety. It is not only the right response; it is the American response. We believe that America must remain a beacon of hope in the world, and we know that opening its doors to those facing danger and oppression is who we are as a nation. We are disheartened by recent attempts to undercut our commitment to freedom and opportunity by shrinking the numbers of who can seek comfort on our shores and by erecting new and significant barriers for refugees desperately reaching for safety. The announcement that your Administration will continue dramatically cutting the number of refugees allowed to resettle in the United States by reducing admission in the coming year to 18,000 from 30,000 -which was already a drastic decline from the 111,000 ceiling just two years ago – is devastating not only for those seeking refuge from harm but for the United States’ standing in the world.”

“New Jersey will continue to welcome refugees anxiously fleeing harm and seeking safety. It is not only the right response; it is the American response.”

“We believe that America must remain a beacon of hope in the world, and we know that opening its doors to those facing danger and oppression is who we are as a nation. We are disheartened by recent attempts to undercut our commitment to freedom and opportunity by shrinking the numbers of who can seek comfort on our shores and by erecting new and significant barriers for refugees desperately reaching for safety. The announcement that your Administration will continue dramatically cutting the number of refugees allowed to resettle in the United States by reducing admission in the coming year to 18,000 from 30,000 -which was already a drastic decline from the 111,000 cei ling just two years ago – is devastating not only for those seeking refuge from harm but for the United States’ standing in the world.”

“Over two million of our residents are immigrants, including refugees, representing nearly 23 percent of New Jersey’s population. There is no doubt that refugees have contributed to the strength of our state and have enriched our communities economically, culturally and socially. Refugees who have made New Jersey their home have helped our state thrive by growing our workforce, starting businesses, contributing to local economies, and becoming valued friends and neighbors.”

“We took these actions because we recognize that new Americans are integral to our State’s culture and our economy. Immigrants and refugees in New Jersey include over 120,000 entrepreneurs, employ more than 389,000 people and contribute over $24.2 billion in federal, State, and local taxes. In fact, 43 percent of the State’s science, technology, engineering, and math-focused workforce are new Americans who play a significant part in maintaining the State’s role as a leading innovator in the STEM field. Supporting immigrant and refugee integration is a smart strategy for our State and our country.”

“We know that a strong and vibrant democracy like ours requires that we live out our values through our deeds. To do so, we must continue to hold true to who we are as Americans by helping those who come seeking refuge from violence and persecution around the world. My Administration looks forward to continuing to work together with cities and towns across our great State to welcome immigrants and refugees.”

New Mexico. “New Mexico has always welcomed immigrants of all types, including more than 2,500 refugees from 28 countries who have resettled in New Mexico since 2002, adding to the rich multicultural mix of which New Mexicans are so rightly proud.”[2] She also said, “Unlike other immigrants, refugees have been forcibly displaced from their homes, whether by war, famine, religious and cultural persecution or violence. They leave their home countries fearing for their lives, and they come to our shores and our borders often with nothing more than the clothes on their backs, desperate — not for a handout but for a chance to start over.”

“While refugees arrive needing our help, they are often quick to pay back the country and communities that welcome them. They get jobs and pay taxes. They open businesses. They contribute their cuisines and cultures, bringing us new forms of entertainment and understanding.”

North Carolina. “North Carolina was one of the first states to welcome refugees to the United States after the United States Refugee Act was signed into law in 1980. Our state has a strong network of community and faith-based groups which aid in resettlement of refugees who seek safety from persecution.”

North Dakota. “North Dakota has had success at integrating refugees who have become responsible citizens and productive members of the workforce.”

Oregon. “Oregon opposed the President’s recent Executive Order on “refugee resettlement, and ask that you return this year’s refugee admission number to previous annual levels. The values reflected in this Executive Order are not the values on which our country was built.”

“It is a sad day for a nation founded on the principle of welcoming ‘poor, tired, and huddled masses.’ Nobody chooses to be a refugee. Refugees are just like us. They have jobs and families. They are parents and friends, teachers and doctors, farmers and fishermen. Since 1975, Oregon has resettled 67,743 refugees. Refugees contribute every day to the strength of our economy, our communities, and our culture. About 70 percent of refugees find employment within the first few months of resettlement. They pay taxes, buy homes, and open businesses. Their search for freedom and a better future for themselves and their children embodies what it means to be an American.”

Pennsylvania. “Pennsylvania has a rich history of opening its doors to those facing persecution and danger. William Penn founded our commonwealth on the principle of religious freedom, seeking to allow those in Europe to escape persecution.”

“It is vital that America retain its moral authority throughout the world. And that means that when vulnerable and displaced individuals seek refuge from violence and oppression elsewhere, we welcome them to find that refuge in America. This maintains our image as a beacon of hope and freedom, and shows the world that America is the antithesis of the places these individuals are fleeing.”

“For decades, refugees have made our communities better, and I am committed to continuing that tradition to the fullest extent of my ability. In communities from Allentown to Lancaster to Erie, and elsewhere, refugees are resettling, making a home, finding employment, starting businesses, paying taxes, and enriching their communities. Church World Service, based in Lancaster, has gained national attention for how it has brought refugees and communities together to find mutual understanding and build strong relationships despite differences. That, to me, is the best of America.”

“During past conflicts, America has accepted hundreds of thousands of refugees who were fleeing violence and persecution. [For example,] Jewish refugees came to Pennsylvania from Germany and other European countries to escape the Nazi occupation and religious persecution. . . . As millions of people in Eastern Europe, the Middle East, Asia, Latin America and Africa face violence, persecution, and death, we should continue to help those we can while taking care to protect our commonwealth and our country, just as we have done for hundreds of years. To reject refugees outright emboldens the message of those who seek to inspire hatred by saying that we, as Americans, do not have compassion or care for specific groups of people in the world facing persecution or worse.”

Tennessee. “Resettlement will be facilitated by the Trump Administration and non-profit organizations with extensive experience in this area. The refugee population in Tennessee is small, and . . .our consent to cooperate and consult with the Trump Administration to provide a safe harbor for those who are fleeing religious persecution and violent conflict is the right decision. The United States and Tennessee have always been, since the very founding of our nation, a shining beacon of freedom and opportunity for the persecuted and oppressed, and particularly those suffering religious persecution.”

Utah. “Utah has “historically accepted and resettled more than 1,000 refugees each year from a variety of troubled regions of the world. . . . Utah’s unique history informs our approach to refugees. Our state was founded by religious refugees fleeing persecution in the Eastern United States. Those experiences and hardships of our pioneer ancestors 170 years ago are still fresh in the minds of many Utahans. As a result we empathize deeply with individuals and groups who have been forced from their homes and we love giving them a new home and a new life. And it turns out we do it quite well. Those refugees who resettle in Utah become integrated and accepted into our communities. They become productive employees and responsible citizens. They become contributors in our schools, churches and other civic institutions, even helping serve more recent refugees and thus generating a beautiful cycle of charity. This marvelous compassion is simply embedded into our state’ s culture.”

Vermont. “Since 1989, Vermont has welcomed almost 8,000 refugees, primarily from Bhutan, Burma, Bosnia, Burundi, Democratic Republic of Congo, Iraq, Somalia, Sudan and Vietnam. Prior to 2017, Vermont was resettling an average of approximately 325 refugees per year. Through this consent process, I hope to increase current resettlement to the level of 325-350 individuals annually. Vermont has never conditioned and will never condition refugee resettlement on a refugee’s race, ethnicity, religion or national origin.”

“Vermont’s refugee communities have made countless contributions to our state. Refugees help ensure a healthy sized and diverse student population. They help employers fill open positions, contributing to the community and local economy, and pay federal, state and local taxes. In recent years, refugees have entered employment in critical economic sectors including construction, health care, hospitality and hotels, manufacturing, customer service, education, environmental services, food service, maintenance, meat processing, office/accounting, packing, retail, transportation, and warehouse. Vermont has more open jobs than people to fill them; refugee communities are vital to Vermont’s economic health.”

“I am also heartened by the fact that an average of 90-94% of these new Americans are economically self-sufficient within eight months of arrival in Vermont. In fact, the rate for fiscal year 2029 is 100%.”

Virginia. “Virginia has welcomed refugees who are fleeing war, persecution, or other dire circumstances. We know that no one chooses to abandon their home until conditions become so difficult that the unknown is preferable.”

“The United States has long presented itself as a haven, a place of stability and economic prosperity. We promote the ideals upon which this country was founded, of liberty and freedom. But lo uphold those ideals abroad, we must allow access to them here at home. We must practice what we preach.”

“Virginia helps refugees settle into new homes only in those localities that participate in the Virginia Community Capacity Initiative, which ensures that a community’ s elected officials, faith leaders, schools, and other stakeholders are committed to helping refugees build new homes and lives. We work with resettlement agencies that have deep ties to these communities. We have always been clear that successful resettlement only happens with community involvement.”

“Because of our proximity to Washington, D.C., we are a preferred location for many Special Immigrant Visa holders: Iraqi and Afghanistan refugees who provided services to the U.S. military in those countries, and whose lives and families are in danger because of that service.”

“In recent years, as the federal government has lowered the number of refugees accepted into the United States, Virginia’s refugee number has dropped. We have the capacity to accept and help more refugees than we currently have.”

“These are people who no longer have a home. History shows us that this could happen to any of us. We must all imagine ourselves in their shoes, and treat them as we would wish to be treated. If I were ever in such a position, I hope a friendly country would take me in and let me rebuild my life in peace and safety. I believe people of decency would share that hope. Virginia’s lights are on and our doors are open, and we welcome new Virginians to make their homes here.”

Washington. “[The] State of Washington wholeheartedly consents to welcoming and resettling refugees into our communities—a long and proud tradition that we intend to continue.”

“As the state that resettled the second highest number of refugees last year, we are honored to remain a place of safety and security for those fleeing persecution and violence. Since 1975, Washington has bought in nearly 150,000 refugees from 70 different countries, including Vietnam, Ukraine and the Democratic Republic of the Congo. Refugees contribute to all sectors of our economy—as teachers, service members, doctors, and more—while adding to our rich cultural landscape. They are an integral part of Washington’s past, present, and future.”

“Just last week, we celebrated the success of Dr. Anisa Ibrahim, a Washingtonian who resettled in our state after fleeing war-torn Somalia more than two decades ago. Only six years old when her family first arrived in the United States, Dr. Ibrahim later graduated from the University of Washington Medical School and now leads a pediatric clinic in Seattle—the same clinic that treated her when she and her siblings were children.”

“Her story is not unique. Throughout our state, children and families speak of similar circumstances, of having sacrificed everything to seek refuge in America from violence, starvation, and other horrors most of us will thankfully never experience. Many of these children are now leaders in our communities, bringing with them their unique perspectives on tragedy, perseverance, and triumph. Washington State is stronger and our communities are richer because of their important contributions.”

“Given all of the benefits of a robust resettlement program, we should not cast aside our founding principles as a nation. Enshrined in the Statue of Liberty, the ‘Mother of Exiles,’ is our country’s commitment as a safe place for humanity’s most vulnerable. Lest we forget that, of the 26,000,000 refugees worldwide, more than half are children.”

West Virginia.  “West Virginia has had great success with our refugee resettlement agency, which has been in operation since 1978. Refugees who have resettled here have become productive citizens and are welcomed into our West Virginia family.”

Wisconsin. “Our state has a rich history of opening its doors to people of all backgrounds, experiences, and walks of life. Through the years, while the people seeking resettlement opportunity in Wisconsin have changed, their circumstances have not: they are people seeking a new life, they embrace American ideals, and they bring with them valuable skills and experience which benefit all of us.” He also said, “Following the end of World War II, Wisconsin welcomed its first refugees as defined by the United Nations 1951 Refugee Convention. Our state has since continued to offer opportunities for safety and a new life to those from around the world who are granted resettlement. Over the past two decades, Wisconsin has welcomed more than 16,000 refugees from countries around the world, including Laos, Vietnam, the former Yugoslavia, Somalia, and Iraq. Most recently, our state has welcomed people from Burma and the Democratic Republic of Congo.”

“Refugees and immigrants are essential to Wisconsin’s economy, from manufacturing to education, and public service to agriculture and healthcare. At a time when we are seeing labor shortages across our state, it is irresponsible for the administration to place obstacles in the path of talented and hard-working folks seeking refuge and a better life.” Moreover, “our refugees are a critically important part of our families, our communities, and our culture—they are part of the fabric of our state. Wisconsin’s refugee population is resilient and determined—they want to help themselves and their family, they want to continue working toward their dreams of living safely and freely, and they are eager to give back to the communities who welcome them. These contributions and our diversity and our differences make us and our state stronger, not weaker.”

Conclusion

It also is noteworthy that at last 19 of the 42 consents came from Republican governors and at least 22 from Democratic governors. Seven other states have not been heard from on the consent issue and thereby impliedly did not consent before a federal court enjoined this program: six with Republican governors (Alabama, Florida, Georgia, Mississippi, South Carolina and Wyoming) and one with a Democratic governor (Hawaii). The only state that explicitly did not consent was Texas with a Republican governor.

More importantly these statements and the lives they depict are incarnations of Pope Francis’ advice to us all: Welcome. Protect. Promote. Integrate refugees and immigrants![2]

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[1] Almost all of these celebratory comments were quoted in previous posts to this blog: Latest U.S. Struggle Over Refugees (Dec. 11, 2019); Minnesota and Minneapolis Say “Yes” to Refugees (Dec. 14, 2019); Update on U.S.’ Consents to Refugee Resettlement (Dec. 16, 2019); Tennessee Consents to Refugees Resettlement (Dec. 20, 2019); Another Update on States’ Consents to Refugees Resettlement (Dec. 30, 2019); U.S. State and Local Governments’ Justifications for Consenting to Resettlement of Refugees (Dec. 31, 2019) Five More States Have Consented to Refugee Resettlement (Jan. 7, 2020); Alaska Says “Yes” to Refugee Resettlement (Jan. 8, 2020). See also Letter, Utah Gov. Herbert to Pres. Trump (Oct. 14, 2018); Letter, New Mexico Governor Grisham to Lutheran Family Services Rocky Mountain (Oct. 7, 2019); Letter, Vermont Governor Phil Scott to President Trump and Secretary Pompeo (Jan. 6, 2020). These opinions about the importance of refugees are consistent with the opinion of a Wall Street Journal columnist. (Immigrants Come to America to work, dwkcommentaries.com (Jan. 31, 2020).

[2]  Pope Francis Reminds Us To Welcome, Protect, Promote and Integrate Refugees and Other Migrants, dwkcommentaries.com (Jan. 1, 2020).

 

President Trump’s Skepticism About John Bolton’s Advice

According to journalists at the Washington Post, President Donald Trump is questioning his Administration’s recent aggressive strategy about Venezuela and about his National Security Advisor, John Bolton, one of the main advocates of such a strategy. [1]

As discussed in an earlier post, last week’s failure of an attempt to takeover the Venezuelan government by Juan Guaidó has prompted Trump to complain about having been misled about how easy it would be for such an attempt. Moreover, these journalists say, Trump’s “dissatisfaction has crystallized around . . . Bolton and . . .i [his] interventionist stance at odds with . . . [Trump’s] view that the United States should stay out of foreign quagmires.”

An unnamed U.S. official who is familiar with U.S.-Venezuela policy says “Trump [privately] has expressed concern that Bolton has boxed him into a corner and gone beyond where he is comfortable.” Nevertheless, two senior administration officials said Bolton’s job was “safe.”

Various current and former officials and outside advisers have said that the failure of last week’s takeover attempt has “effectively shelved serious discussion of a heavy U.S. military response.” One sign of this development was Vice President’s recent speech, as discussed in a prior post, announcing new U.S. measures regarding Venezuela that did not include any use or threat of military force other than the frequent comment that “all options are on the table.”

Trump has himself to blame too. His “approach to foreign intervention is largely ad hoc and idiosyncratic — driven less by ideology than by his hunger for foreign policy victories and confidence in his own deal-making skills.” This “lack of ideological coherence has played to the advantage of “ Bolton and Secretary Pompeo.

Another expert, Richard Haass, the president of the Council on Foreign Relations, said, ““There is a fundamental conflict between the administration’s desire for regime change and what it is willing to do to bring it about. That is the contradiction of Mr. Trump’s foreign policy.”

John D. Feeley, a former U.S. ambassador and Univision political analyst, said that military intervention in Venezuela is unlikely because it “runs counter to Donald Trump’s 2020 reelection narrative. At a time when you’re pulling people back from Syria, back from Iraq, back from Afghanistan, how do you say we’re going to commit 50-, 100-, 150,000 of our blood and treasure to a country where you can’t tell the bad guys from the good guys?”

Conclusion

This news of Trump’s questioning the wisdom of advice from John Bolton is a welcome surprise. As noted in a prior post, this blogger and others more deeply involved in analyzing national security issues seriously question the wisdom of Bolton’s long-held belief in the use of U.S. military force.

Now is the time for Bolton to leave the government!

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[1] Gearan, Dawsey, Hudson & Kim, A frustrated Trump questions his administration’s Venezuela strategy, Wash. Post (May 8, 2019); Landler, With Mix of Threats and Blandishments, Trump Bandies Policy of Regime Change, N.Y. Times (May 8, 2019).

 

Critique of John Bolton’s Consistent Advocacy of Using Aggressive Force

On April 17, as criticized in a prior post, U.S. National Security Advisor John Bolton announced in Miami additional U.S. sanctions against Cuba on the anniversary of the 1961 failed U.S. invasion of Cuba’s Bay of Pigs (Playa Girõn).[1]

 

Now Dexter Filkins, an award-winning journalist, reminds us that Bolton has a deserved reputation as the  “Republican Party’s most militant foreign-policy thinker—an advocate of aggressive force who ridicules anyone who disagrees.”  Bolton also is a consistent opponent of multilateral institutions and treaties.

For example, In the George W. Bush Administration Bolton was Under-Secretary of State for Arms Control and International Security Affairs and a strong advocate for the 2001 U.S. invasion of Iraq. He re-endorsed that opinion in 2015 when he said, “I still think the decision to overthrow Saddam was correct.”

In May 2002, still as Under-Secretary, in a speech at the Heritage Foundation he said the Cuban government was developing an ambitious biological weapons program and collaborating with Libya and Iran, all contrary to the opinion of  the State Department’s internal intelligence bureau.

Today he presumably would admit that Venezuela poses no immediate threat to the U.S., but believes it is dangerous because it was allowing Russia to gain a foothold in the region and because it has the largest proven oil reserves in the world. On the other hand, presumably he would not concede that U.S. hostile policies towards that country and Cuba were providing Russia with the opportunity to expand its influence in the region.

The Monroe Doctrine, Bolton recently admitted, is a prohibition against outside powers interceding in Latin America that does not include U.S. use of armed forces in the region. But the Roosevelt Corollary, he added, provides for that use of force, and Bolton says, “I haven’t invoked that—yet.”[2]

Given the Trump Administration’s currently not having a permanent Secretary of Defense and no Secretary of Homeland Security and Ambassador to the U.N., “Bolton would have extraordinary latitude in a crisis., and as long as Trump’s  base is applauding, then Bolton can do whatever he wants.”

Dexter Filkins, the author of this New Yorker article, has been called “the premier combat journalist of his generation” for his reporting from Iraq, Afghanistan and Pakistan, for which he won a Pulitzer Prize in 2009 and a National Book Critics Award for his “The Forever War.”[3]

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[1] Filkins, John Bolton On the Warpath, New Yorker (May 6, 2019). See also, John Bolton’s New threat Against Cuba, dwkcommentaries.com (April 2, 2019); U.S. National Security Advisor Announces New U.S. Hostility Towards Cuba, dwkcommentaries.com (Nov. 3, 2018); Zakaria, Does a Trump doctrine on foreign policy exist? Ask John Bolton, Wash. Post (May 2, 2019) (Bolton has “a dark view of humankind” which requires the U.S. to be “aggressive, unilateral and militant;” and a “longtime fan of regime change”).

[2] State Dep’t, Office of the Historian, Roosevelt Corollary to the Monroe Doctrine, 1904.

[3] Dexter Filkins, The New Yorker; Dexter Filkins, Wikipedia.