Assistance for Iraqi Refugees: A Comprehensive Solution

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

2. Background on the Iraqi Refugee Crisis • By the numbers : • Although estimates very according to the source, it Is estimated that there are over 2.5 million Iraqi refugees, with 1 million in neighboring countries outside Iraq and up to 1.5 million Internally Displaced Persons. • UNHCR registration numbers: Syria, roughly 240,000; Jordan, roughly 37,000; Lebanon, roughly 10,000. • According to recent studies by both UNHCR and the Brookings Institute, the vast majority of Iraqi refugees believe return will never be possible. Iraqi Refugee Assistance Project – 15 July 2009 – Slide 2

3. The U.S. Response to the Crisis • PHASE 1: The U.S. invades Iraq and plans for a massive refugee outflow. None comes. The infrastructure put in place to process Iraqi refugees is disamantled. • PHASE 2: After the bombing of the Samarra mosque in February of 2006 leads to a national deterioration of the security situation and the resurgence of militias, the predicted massive refugee outflow actually begins. • However, UNHCR and other resettlement countries no longer have an infrastructure in place to deal with a massive refugee outflow, and they struggle to put something together quickly. • Other European and allied countries step in to accept refugees for resettlement, but between 2003 and 2007, the U.S. admits only 2,372 Iraqi refugees in total. • PHASE 3: The Refugee Crisis in Iraq Act (“the Kennedy Act”) passes as part of the National Defense Authorization Act for F.Y. 2008. • The Kennedy Act creates a special priority category for Iraqis who assisted the U.S. or U.S. organizations. • It also expands the number of Special Immigrant Visas available to anyone employed by the U.S. military or a subcontractor, in any capacity, for one year or more. Iraqi Refugee Assistance Project – 15 July 2009 – Slide 3

4. The Kennedy Legislation • Refugee Resettlement (§ 1243) • Establishes “Direct Access” for Iraqis who worked for the U.S. government or an NGO or media organization based in the U.S. • NOTE: NO TIME REQUIREMENT. • Special Immigrant Visas (SIVs) (§ 1244) • For Iraqis who worked directly for the U.S. military or a U.S. military subcontractor for a period in excess of 12 months. • NOTE: CAN BE CUMULATIVE. • Leadership and Accountability (§§ 1242, 1245, 1248) • Requires status reports by Departments of Defense, Homeland Security, and State on the crisis, as well as by the President on general ability to meet the goals of the legislation as well as ways to improve processing, such as the use of video conferencing for interviews. • Establishes Senior Coordinators in Baghdad, Cairo, Amman, Damascus, and Beirut to coordinate relief and resettlement efforts. Iraqi Refugee Assistance Project – 15 July 2009 – Slide 4

5. Avenues to Safety for Iraqi Refugees • Asylum • For Iraqis already within U.S. borders; • Usually arrived on non-immigrant student, tourist, or work visa; • No numerical limits. • Refugee Resettlement • For Iraqis outside U.S. borders (formerly also outside Iraq); • Must meet definition of refugee, and either (a) be referred for resettlement or (b) be eligible for direct access to U.S. resettlement; • Target of 20,000 Iraqi refugees for FY 2010. • Special Immigrant Visas (SIVs) • For Iraqi nationals only. • Can be currently located in any country. • Must have worked for the U.S. military or a U.S. military subcontractor for at least one year. • Kennedy Act allows for 5,000 Iraqi SIVs each year, although the average admission is closer to 800. • Other • Petitions for the relatives of other aliens, refugees, or asylees; • Humanitarian or significant public benefit parole. Iraqi Refugee Assistance Project – 15 July 2009 – Slide 5

6. The Refugee Resettlement Process • United Nations High Commissioner for Refugees: • Registration • Referral to Protection, Community Services, Medical, Psychosocial or “Sleep” • Referral to Resettlement Unit • Resettlement interview for “matchmaking”

7. UNHCR Referral to USRAP • UNHCR refers the case to the U.S. Refugee Admissions Program • Two phases: Department of State and Department of Homeland Security • FIRST: Department of State, subcontracting with Overseas Processing Entity: 2-3 interviews • Ultimately filling out an I-590

8. Acceptance or Rejection: DHS Circuit Riders • OPE prepares the file for a DHS circuit ride • Circuit riders serve for 3 months, traveling the world and conducting interviews • One interview, can be as short as one or as long as seven hours in length • Challenges: no counsel, interpretation, PTSD/mental illness, context and cultural specific knowledge. • Other: medical and security clearance

9. Requests for Reconsideration • When refugees are rejected for resettlement, they receive a Notice of Ineligibility for Resettlement, which indicates one or more of a standard list of reasons for rejection. These include: • Failure to establish the refugee cannot return to Iraq; • Failure to establish persecution or well-founded fear of persecution; • Failure to establish persecution due to a protected characteristic or status; • Perceived lack of credibility; • Evidence that the applicant was a persecutor themselves; • Evidence that the applicant is firmly resettled elsewhere; • Inadmissibility due to existing legal bars; • Other reasons, as provided by U.S. autohrities. • Requests for Reconsideration (also Requests for Review, or RFRs) provide an informal means of appealing these rejections, based upon : • Error; or, • New evidence. • Note that these reviews are not technically appeals. Instead, RFRs are an request that USCIS exercise its discretion to reconsider an application. Iraqi Refugee Assistance Project – 15 July 2009 – Slide 9

10. United States Legal Definition of a Refugee: INCLUSION and EXCLUSION The definition of a refugee is substantively identical to that of an asylee, but procedurally distinct. Part 1: Inclusion • Asylum - INA § 208(b) • Applicant must be unable or unwilling to return, and unable or unwilling to avail themselves of the protection of, Iraq because of persecution or well-founded fear of persecution due to: • Race; • Religion • Nationality; • Membership in a particular social group; or, • Political opinion. Refugee - INA § 101(a)(42)(A) Applicant must be located outside Iraq and meet the standard for Asylum at left; OR Be a member of a nationality which the President has designated as qualifying for refugee status. Iraqi Refugee Assistance Project – 15 July 2009 – Slide 10

11. U.S. Legal Definition of a Refugee • Part 2: Exclusion and Inadmissibility • Persecution of others • Credibility • Inadmissibility factors: fraud, material support • Fails security background check • Others: medical, public charge, criminal convictions, drugs… • Exclusion can be appealed. Inadmissibility can be waived.

12. The Refugee Resettlement Process • Step 1: Register with UNHCR • Referral for services (community service, medical or protection) • Referral for resettlement • “Sleep” • Step 2: UNHCR Resttlement Interview • Referral to the United States • Referral to another safe third country (Canada, Australia, Germany) • Step 3: International Organization for Migration • Step 4: Department of Homeland Security • (medical tests, cultural orientation) • Possible outcomes: Acceptance, rejection, deferral Iraqi Refugee Assistance Project – 15 July 2009 – Slide 12

13. Determining the Reason for Rejection • Because rejection letters are ambiguous, you will likely need to pursue additional investigatory steps to determine the reason for rejection • Review the applicant’s story with them in detail and try to identify weaknesses from the rejection letter; • Thoroughly debrief the applicant’s final interview with DHS, and maintain a detailed written record : • Ask if there were any misunderstandings during the interview; • Ask if there were any translation problems; • Ask if the mood of the interviewer changed at any point; • Ask if the applicant thinks anything went wrong. • Ask the applicant why they think they were rejected; • Ask the applicant to send you copies of anything they submitted to UNHCR, IOM or DHS; Iraqi Refugee Assistance Project – 15 July 2009 – Slide 13

14. Rebutting the Rejection • A successful RFR must argue in favor of its client’s reconsideration for refugee admission based on one of the following factors : • Significant error; • New evidence; or, • Both. • An RFR is similar to an asylum application, in that you should provide as much evidence as possible to corroborate the applicant’s story : • Evidence that the applicant gathers, such as records (military service, medical records, pay stubs, etc.), saved letters, or photographs; • Evidence that you gather with the applicant, such as affidavits; • Evidence that you gather, including newspaper articles, State Department Reports, and the like. Iraqi Refugee Assistance Project – 15 July 2009 – Slide 14

15. Demonstrating Significant Error • Standard of Review: Was there a significant error that more likely than not affected the outcome of the case? • This can be demonstrated by : • Insufficient fact-finding or analysis; • Unsupported Credibility Determination; • Applicant not given the opportunity to rebut; • Decision not supported by adequate assessment; • Issue not material to refugee determination. Iraqi Refugee Assistance Project – 15 July 2009 – Slide 15

16. Providing New Evidence • Standard of Review: Was the new evidence unavailable at the time of the original interview andif it had been available would it have materially affected the outcome of the case?   • Reviewers are looking for whether : • The evidence is significant and relevant; • The applicant’s failure to present the evidence at the interview was reasonable; • The interviewing officer attempted to elicit the relevant information from the applicant; • Does the preponderance of evidenceindicate that the applicant should qualify for resettlement? • Two things to note : • Submissions based on new evidence automatically qualify for review for significant error; • An adverse credibility determination does not affect the credibility of newly submitted evidence. Iraqi Refugee Assistance Project – 15 July 2009 – Slide 16

17. Compiling and Submitting • The RFR should be compiled as a standard, short letter-brief with supporting exhibits. The brief should : • Outline the applicant’s original claim; • Identify the error made or new evidence as best possible; • Present the legal standard for the relevant issue (i.e., what does it mean to prove nexus under U.S. case law?); • Explain why the client meets this standard, emphasizing the mistake or missing information that led to the prior rejection. • The RFR should be submitted to USCIS officials at the Amman Embassy and the Athens Embassy, as well as the USCIS Ombudsman’s Office, along with a signed G-28  Iraqi Refugee Assistance Project – 15 July 2009 – Slide 17

18. Subsequent Steps • Follow-up steps and other strategies : • File a G-639 FOIA request; • File a I-7001 request to the Ombudsman’s office; • Follow-up with the USCIS District Director or their Deputy. • Possible Outcomes :  • A grant of reconsideration and re-interview (in which case, make sure that the applicant is prepared for the re-interview); • A grant of reconsideration and resettlement without re-interviewing; • A denial (though there remains the possibility to resubmit, or to resubmit in the form of Motion to Re-open). Iraqi Refugee Assistance Project – 15 July 2009 – Slide 18

19. Arrival in the U.S. • 10 voluntary agencies, 9 private and 1 public. • The “VOLAG draft” • Assignment to a volag subcontractor

20. Benefits Available to Resettled Refugees • Immigration Status: • Refugees: 12 months to petition for Lawful Permanent Residence (“green card”), then another 5 years to petition for citizenship. • SIV holders: arrive as Lawful Permanent Residents. • Benefits of a green card: • family reunification; international travel (otherwise need “I-131”) • Benefits eligibility • 8 months of “refugee benefits” (roughly $950/mo) • All other benefits to which they would be entitled as citizens (food stamps, TANF, WIC, etc). • Obligations of the Resettlement Agency: • Assistance with housing, ESL, employment • Airport meeting • Benefits disbursal and application • A “hot, culturally appropriate meal upon arrival.” Iraqi Refugee Assistance Project – 15 July 2009 – Slide 20

21. Practical and Ethical Considerations • Limitations of lawyering in the resettlement process • The logistics of communication • Cultural barriers: • The Role of the Lawyer/ the Advocate • Cross-gender conversations and persecution of women • Security concerns • Explaining and maintaining confidentiality • Continuing persecution • Syria and Iraq • Evidence collection Iraqi Refugee Assistance Project – 15 July 2009 – Slide 21

22. Practical and Ethical Considerations II • 5. Ethical issues • Fraud/credibility • Distinguishing from PTSD • The Rumor Mill • Limiting the sphere of representation • Others? • 6. BUREAUCRACY Iraqi Refugee Assistance Project – 15 July 2009 – Slide 22

23. Question and Answer