t he definition of a “Tier III” organization should be eliminated. The definition of “material support” should be revised to specify that the term applies only to support that is quantitatively significant and qualitatively of a nature to further terrorism. 4. Implement lasting immigration detention reforms to protect detained individuals, including asylum seekers, and reduce unnecessary costs through expanding cost - effective alternatives to detention, immigration court review of detention decisions, strengthe ned oversight and compliance mechanisms, and standards and conditions in line with the American Bar Association’s proposed civil immigration detention standards . 2 Congress should also mandate a study on the expanded use of the expedited removal process to ensure that refugees are being not returned to persecution. Related proposed changes are included in RPA 2011 Sections 10 and 13. 5. Ensure adequate substantive and procedural safeguards for all child asylum seekers , given their vulnerability. Measures should include giving the Asylum Office initial jurisdiction over applications of principal child asylum seekers, employing a child centered analysis to their claims, and – as proposed in the RPA 2011 Section 15 - exempting them from such bars as Safe Third Country, previous denial of asylum, and the one year filing deadline (provisions already enj oyed by unaccompanied children). 6. Ensure that gender - based asylum claims are properly recognized by supporting legislative clar ifications proposed in the RPA 2011, Section 5, especially the provisions clarifying what can constitute a “particular social group” (the statutory ground under which many women’s asylum claims are brought), what kinds of evidence can support such claims, and other clarifications needed to remove obstacles currently posed to gender - based claims. 7. Ensure that asylum - seekers interdicted in international or U.S. waters are not subjected to refoulement by requiring that all U.S. authorities taking control of ir regular maritime vessels in international or U.S. waters make available to irregular boat migrants the opportunity to apply for asylum or to express a fear of persecution and sha ll refer any such asylum - seeker to a U.S. asylum officer for an interview acco rding to INA 235(b)(B) ; a nd requiring that all authorities patrolling the U.S. borders, including the U.S. Coast Guard, receive effective training from UNHCR on international human and refugee rights and on U.S. domestic asylum law and other forms of prote ction. Related proposed changes are included in RPA 2011 Section 24. We look forward to working with you and your staff and would like to respectfully request a meeting with you at your earliest convenience to discuss these recommendations further. Sara J ane Ibrahim , Advocacy Counsel at Human Rights First , is our focal point and can be reached at [email protected] ; 202 - 370 - 3318. Thank you for your attention to our views. Sincerely, 2 American Bar Association, ABA Civil Immigration Detention Standards, available at americanbar.org/groups/public_services/immigration/civilimmdetstandards.html . National/International Organizations American Civil Liberties Union New York, NY/ Washington, DC Americans for Immigrant Justice Miami, FL/Washington, DC American Immigration Lawyers Association (AILA) Washington, DC American Jewish Committee Washington, DC Blacks in Law Enforcement of America Washington, DC Breakthrough New York, NY Center for Gender and Refugee Studies (CGRS) San Francisco, CA Civil Liberties and Public Policy Amherst, MA Ethiopian Community Development Council, Inc. Arlington, VA Fahamu Refugee Programme International Family Equality Council Washington, DC Franciscan Action Network Washington, DC Gay & Lesbian Advocates & Defenders Boston, MA HIAS (Hebrew Immigrant Aid Society) New York, NY /Washington, DC Human Rights Advocates International (HRAI) Elizabeth, NJ
Posted on: Mon, 07 Oct 2013 23:15:38 +0000
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