Senators Kennedy, Smith, Brownback, Others Introduce Iraqi Refugee Legislation

Bill to provide refugee status for Iraqis associated with the United States who are under threat of persecution

September 18, 2007 -- WASHINGTON, D.C.—Today, Senators Edward M. Kennedy, Gordon Smith, Sam Brownback, and Joe Lieberman were joined by Grover Norquist, President of Americans for Tax Reform, David Keene, Chairman of the American Conservative Union, and Sgt. Joe Seemiller, to urge Senate action on an amendment to assist Iraqi refugees.

Senator Kennedy, Chairman of the Senate Judiciary Subcommittee on Immigration, Border Security, and Refugees, held the first Congressional hearing on Iraqi refugees in January of 2007 and has led the charge for the U.S. to help solve this emerging crisis.

“America has a strong obligation to keep faith with the Iraqis who have worked so bravely with us – and have often paid a terrible price for it. Regardless of where we stand on the war with Iraq, we are united in our belief that America has a fundamental obligation to assist the Iraqis who have courageously supported our forces and our effort in Iraq and whose lives are in peril as a result. The target of the assassin’s bullet is now on their back, and our government has a responsibility to try to save their lives.

Senator Kennedy said. “We cannot afford to continue to jeopardize the lives of one of our most valuable and essential partners in Iraq - - the Iraqi people who bravely support us in the face of constant fear and danger.”

The bill addresses the massive refugee crisis unfolding in Iraq. Already more than 4 million Iraqis have fled the country, and nearly 2 million more have been displaced internally. Senator Kennedy believes that while the U.S. cannot take all of these refugees, we have an obligation to lead an international effort to solve this crisis.

The amendment is cosponsored by Senators Kennedy, Smith, Brownback, Lieberman, Biden, Hagel, Leahy, Snowe, Durbin, Feinstein, Obama, Menendez, Levin and Voinovich.

Senator Kennedy’s remarks, a summary of the legislation, a section-by-section, letters of support, and recent press accounts supporting the bill are below.

(As Prepared for Delivery)

It’s an honor to be here with my Senate Colleagues, Senators Brownback, Smith, and Lieberman, Sgt. Seemiller, and with Grover Norquist and Dave Keene of the American Conservative Union.

Regardless of where we stand on the war with Iraq, we are united in our belief that America has a fundamental obligation to assist the Iraqis who have courageously supported our forces and our effort in Iraq and whose lives are in peril as a result. The target of the assassin’s bullet is now on their back, and our government has a responsibility to try to save their lives.

These brave men and women are Iraqi nationals who work alongside our military, who staff our Embassy, and who work with American firms and non-governmental organizations to support the diplomatic, military, political and economic reconstruction of Iraq. Their support and loyalty have cost too many lives already, and their families have been threatened as well. They have lost their homes, their livelihoods, their families and friends. Millions have been forced to flee their communities or even their country because of the danger.

The United States has a clear responsibility to support these brave Iraqis who have stood by us and who want to come to the United States. America owes them immense gratitude, and many American servicemen and women and government employees owe them their lives as well.

Our response to their urgent need has been far too slow and halting.

Earlier this year, State Department officials pledged to the world that 25,000 Iraqi refugees could be processed this year. Then they said America would resettle 7,000. Later, the promise was reduced to 2,000. With only a few days remaining in the fiscal year, less than 1,000 refugees have been admitted to the United States. We need a far more effective and expeditious response.

Obviously, America cannot resettle all Iraqi refugees. But America must keep the faith with the brave Iraqis whose lives are in mortal danger because of their association with the United States in Iraq.

Our amendment eliminates the current requirement that Iraqi refugees associated with the United States must apply to the United Nations before our government will consider their applications. It enables them to apply for refugee status in Iraq, and it expedites the process for those in danger because of their association with the United States.

It does not require the Administration to admit a specific number of Iraqi refugees. That number will be determined annually through consultation between the Administration and Congress. All Iraqi refugees seeking admission must be screened through new Department of Homeland Security procedures.

Our proposal also acknowledges the sacrifices of Iraqi men and women working directly for the United States by making 5000 special immigrant visas available to those who have worked with our government for a year. In addition, the bill requires the establishment of appropriate mechanisms at the State Department to coordinate Iraqi refugee applications and to monitor progress in resolving the overall Iraqi refugee crisis.

We cannot afford to continue to jeopardize the lives of one of our most valuable and essential partners in Iraq - - the Iraqi people who bravely support us in the face of constant fear and danger.

###

Summary Refugee Crisis in Iraq Act S. 1651 (amendment #2872)

More than 2 million Iraqis have fled Iraq, facing extended waits for the chance to apply for resettlement in the United States and elsewhere, and another 2 million Iraqis have been displaced in Iraq. Host countries, such as Jordan and Syria, are straining to maintain basic services, but the sheer volume of refugees has made it increasingly difficult to continue to provide assistance. Much of the problem lies in bureaucratic delays and red tape. The “Refugee Crisis in Iraq Act” would cut through that red tape, ensuring that resolving the Iraqi refugee crisis becomes a higher priority. The legislation does not change any eligibility requirements or change the already rigorous security screenings conducted before the U.S. grants refugee status. It also requires enhanced reporting to Congress on many refugee issues to ensure that resolving this crisis remains a priority.

Prioritizing Refugee Claims where Persecution is Based on U.S. ties: The current refugee processing program requires Iraqis to go through a lengthy referral process conducted by the United Nations. They must flee Iraq and apply in Jordan, Syria, or elsewhere. The bill would give Iraqis whose persecution is based on their service or ties to the United States the ability to apply directly to our government in Iraq, eliminating months of delay and saving lives in the process.

Special Immigrant Visa. A special immigrant visa is established for Iraqis who were employed by or worked for or directly with the United States government in Iraq for at least a year in or after 2003. Five thousand special immigrant visas are available to principal applicants in this program for five years beginning after date of enactment. The program is modeled on the existing program run through the Department of Defense.

Enhanced Visibility and Coordination. The State Department is required to establish minister counselor positions in Baghdad and other locations to coordinate the SIV and P-2 refugee program. State is also charged with assisting those countries currently hosting refugees and working with the international community to assist in the resettlement of refugees.

Denial or Termination of Asylum. An asylum applicant whose claim was denied solely on the basis of changed country conditions on or after March 1, 2003 (when U.S. military action was initiated) is given six months to file a motion to reconsider.

Section-By-Section Summary

Refugee Crisis in Iraq Act Senate Amendment # 2872

to H.R. 1585 Department of Defense Authorization

CO-SPONSORS: Kennedy, Smith, Lieberman, Brownback, Biden, Hagel, Leahy, Snowe, Durbin, Feinstein, Obama, Menendez, Levin, and Voinovich

Section 1541. Short Title: Establishes the “Refugee Crisis in Iraq Act” short title.

Section 1542. Processing Mechanisms: The Secretary of State shall establish processing mechanisms in Iraq and the region for Iraqis eligible for special immigrant visas (section 4) and P-2 refugee status (section 3)) to apply and be interviewed. The Secretary will report to Congress within 60 days on her plans to establish such processing mechanisms and an assessment of in-country processing that makes use of videoconferencing.

Section 1543. United States Refugee Program Priorities: A Priority 2 category (P-2) under the U.S. refugee resettlement system is created. (Priority 2 – categories are established for groups of special humanitarian concern. Members of these groups do not need a referral from the UN High Commissioner for refugees or from a U.S. Embassy. They must demonstrate a credible fear of persecution. Applicants are not eligible under this section if they are terrorists or pose security risks. Persons included in the new Priority 2 category are –

· Iraqis who were employed by or worked for or directly with the United States government in Iraq.

· Iraqis who were employed in Iraq with media or nongovernmental organizations headquartered in the United States.

· Iraqis who were employed by organizations or entity that has received United States Government funding through an official and documented contract, award, grant or cooperative agreement.

· Spouses, children, sons, daughters, siblings, and parents of persons receiving P-2 status or a special immigrant visa described in section 4.

· Iraqis who are members of a religious or minority community and identified by the Department of state as a persecuted group and have sons, daughters, parents, spouses, or children in the United States.

· Other groups the Secretary of State may identify

Section 1544. Special Immigrant Visa. A special immigrant visa is established for Iraqis who were employed by or worked for or directly with the United States government in Iraq for at least a year in or after 2003. The Iraqi must document his/her faithful service through a positive evaluation or documentation. 5,000 special immigrant visas are available to principal applicants in this program for five years beginning after date of enactment. These 5,000 visas do not count against worldwide numerical limitations. Visas that are not used in a fiscal year are carried over. Spouses and children or principal applicants are not counted against the 5,000 cap.

Iraqis who receive special immigrant visas under this program receive the same resettlement benefits as refugees and are not subject to public charge provisions. Applicants under this SIV program are not charged application fees and the State Department, in consultation with other relevant agencies, must ensure that those who receive special immigrant visas are provided with an Iraqi passport appropriate for them to enter the United States. If applicants to the program are in imminent danger, the State Department, in consultation with other appropriate agencies, must provide them protection or immediately remove them from Iraq. Iraqis may not participate in the program if they do not fulfill the security criteria set out in the INA. This SIV program does not affect separate the SIV program for Iraqi and Afghan translators and interpreters.

Section 1545. Minister Counselors for Iraqi refugees and Internally Displaced Persons. The State Department is required to establish a minister counselor position in Baghdad who is responsible for the SIV and P-2 refugee program, including in-country processing. This minister counselor would also have the authority to refer individuals to the U.S. refugee resettlement program. The State Department would be required to designate minister counselors in Cairo, Amman, Damascus and Beirut to oversee the P-2 program.

Section 1546. Countries with Significant Populations of Displaced Iraqis. The State Department is charged with consulting with other countries regarding resettlement of vulnerable Iraqi refugees and assisting countries hosting large Iraqi refugee populations as appropriate, except where prohibited by U.S. laws, in developing mechanisms in and providing assistance to ensure the well-being and safety of Iraqi refugees in their country. In drawing up the annual presidential determination on refugee resettlement, State is also required to consult with NGO’s that have a presence in Iraq or have experience in assessing the problems facing Iraqi refugees. Iraqis remain eligible for refugee status even if they have filed a special immigrant visa or immediate relative petition.

Section 1547. Denial or Termination of Asylum. An asylum applicant whose claim was denied solely on the basis of changed country conditions on or after March 1, 2003 (when U.S. military action was initiated) is given six months to file a motion to reconsider.

Section 1548. Reports. Within 90 days from enactment of the legislation, DHS must report to the Judiciary and Foreign Affairs committees of the House and Senate regarding 1) plans to expedite processing Iraqi refugees for resettlement including through temporary expansion of the USCIS Refugee Corps and 2) plans for enhancing background and security check systems for Iraqi SIV and Iraqi Priority 2 refugees to support immigration security and provide for the orderly processing of applications without delay.

Within 90 days after enactment of the legislation and annually thereafter, the President must submit a report to Congress on 1) the resources necessary to implement the act, 2) the number of Iraqis who were employed by or worked directly for or directly with the United States government in Iraq, 3) and the number of these Iraqis who have applied for special immigrant visas, the date of their applications, and an explanation of why any of these visas pending for more than six months have not been expeditiously processed.

Section 1549. Appropriations. Authorizes appropriations necessary to carry out the provisions of this Act.

The Refugee Crisis
Helping Iraqis who helped us

The Washington Post, Sunday, August 12, 2007; Page B06

AS MANY AS 110,000 Iraqis may be targeted as collaborators for helping U.S., coalition or foreign reconstruction efforts. These Iraqis and their families are frequently at risk of kidnapping, murder and persecution. At least 257 translators have already been killed, according to Human Rights First.

As a result, the U.N. High Commissioner for Refugees (UNHCR) has referred more than 8,000 Iraqis to the United States for resettlement this year alone. Yet fewer than 200 have been admitted. This embarrassingly slow trickle of resettled refugees -- Sweden takes more than 1,000 each month -- motivated Ryan C. Crocker, the U.S. ambassador in Baghdad, to write a cable last month urging the administration to guarantee visas for all Iraqis helping the United States.

The obstacles Iraqis face to be recommended by the UNHCR make these low resettlement rates all the more astonishing. Iraqis cannot apply for refugee status from within Iraq; they must first brave the dangers of crossing a border. If they make it, those fleeing violence and persecution may also find that because of a broad legal provision disqualifying refugees who have provided "material support" to terrorist organizations they can be denied resettlement in the United States if they have paid ransoms for kidnapped relatives. According to Human Rights First, in some cases involving kidnappings the UNHCR has decided not to refer even deserving applicants to the United States out of concern that the irrational "material support" provision will bar them from entry.

Bills introduced by Rep. Earl Blumenauer (D-Ore.) and Sen. Edward M. Kennedy (D-Mass.) could help oil the American refugee-processing machine. The bills would set up processing facilities in Iraq, establish Iraqi refugee coordinators at U.S. embassies in the region and authorize more funding. Both would create a special immigrant visa category for Iraqis who have worked for the United States, allowing them to apply for resettlement from within Iraq and without having to go through the UNHCR. The House bill also revises the "material support" provision to exempt cases in which the support was provided under duress.

Both bills also would require the United States to better assist Iraq's neighbors, which have absorbed more than 2 million refugees at great cost to their own economic and social stability. The State Department has taken some steps in this direction, including its recent pledge to help fund a UNHCR-UNICEF program subsidizing schooling for displaced Iraqi children.

We urge legislators to support these bills. No matter one's opinion on the war, this humanitarian crisis needs to be confronted and fixed.

http://www.nytimes.com/2007/09/01/opinion/01sat2.html?_r=1&oref=slogin

Editorial
Living in Fear for Helping America

Published: September 1, 2007

Of all the Iraqis jaded by the failure of the United States’ invasion, few are more fearful than the tens of thousands who worked loyally for the American war effort but now find themselves hunted as traitors by militant gunmen.

The Bush administration only lately stepped up the effort to offer them special refugee status, but it turns out that very few are able to safely apply. It’s too dangerous to process them within Iraq, so these harrowed workers must risk expensive trips to Jordan and Syria to apply at American Embassies. It is a classic Catch-22 that has many hiding in terror in their home neighborhoods.

The existing program should be open to the 69,000 Iraqis who work on Pentagon contract jobs, from interpreters to cleaners to security guards. But only a few hundred have been able to run the gantlet to sign up. The plight of the hounded Iraqis was graphically reported in The Times this week by Sabrina Tavernise and David Rohde.

They found no comprehensive tally of those slain for working for the war effort, but they tracked grisly chunks of the death toll — 280 murdered interpreters at one Pentagon contractor; more than 120 Iraqis slain in Baghdad for working on local government and neighborhood efforts to realize the American promise of democracy. Ali Saleh, an interpreter who saw eight colleagues slain during his four years on an American job, quavered with his family in Baghdad, terrified to leave the house, let alone Iraq. He feared being fingered by guards at the borders to Jordan and Syria, where the tide of two million Iraqi refugees already on the road is overwhelming.

Washington’s debt to its war employees is profound. Administration officials concede this moral obligation, but so far a mere trickle is the result: Only 190 Iraqis of any sort were settled in the United States since last October, and 2,000 more is the goal by the end of September. The administration and Congress must quickly find safer, faster ways to get more of the targeted American workers to sanctuary. This obligation is on a par with the combat soldier’s commitment to abandon no buddy on the battlefield.

Crocker Blasts Refugee Process

Iraqis Could Wait 2 Years for Entry, Ambassador Says

By Spencer S. Hsu and Robin Wright

Washington Post Staff Writers

Monday, September 17, 2007; A01

The U.S. ambassador to Iraq warned that it may take the U.S. government as long as two years to process and admit nearly 10,000 Iraqi refugees referred by the United Nations for resettlement to the United States, because of bureaucratic bottlenecks.

In a bluntly worded State Department cable titled "Iraqi Refugee Processing: Can We Speed It Up?" Ambassador Ryan C. Crocker noted that the Department of Homeland Security had only a handful of officers in Jordan to vet the refugees.

Bush administration officials in Washington immediately disputed several of Crocker's claims.

Still, the "sensitive" but unclassified memo, sent Sept. 7, laid out a wrenching, ground-level view of the U.S. government's halting response to Iraq's refugee crisis. Human rights groups and independent analysts say thousands of desperate Iraqis who have worked alongside Americans now find themselves the targets of insurgents and sectarian militias, prompting many of them to seek residency in the United States or Europe.

Although the subject was little addressed during Crocker's and Gen. David H. Petraeus's public testimony to Congress last week on the state of the war, the envoy has raised the issue in two cables in the past two months. The subject is likely to be discussed when Secretary of State Condoleezza Rice meets this week with congressional leaders to outline the administration's refugee admissions goals for 2008 and when the Senate resumes its Iraq war debate.

About 2 million Iraqis are displaced inside Iraq, and an estimated 2.2 million more have fled to Syria, Jordan and other neighboring countries, where they are straining local resources and threatening to destabilize host communities, the United Nations has reported. With 60,000 Iraqis fleeing their homes each month, Jordan largely closed its borders to Iraqis earlier this year, and Syria said yesterday that it will begin requiring visas for Iraqis at the conclusion of Ramadan next month, essentially closing off exit routes from the country.

In response, the U.S. government has provided more than $122 million in refugee aid to Iraq's neighbors this year, and U.S. allies are accepting tens of thousands of refugees. Washington also has expanded from 50 to 500 an annual quota on visas for Iraqis working as interpreters and translators for the U.S. Embassy and military, and in February it promised to process 7,000 refugees by Sept. 30, although U.S. officials later said they expected only 2,000 to be admitted to the United States by then.

In his missive, Crocker said the admission of Iraqi refugees to the United States remains bogged down by "major bottlenecks" resulting from security reviews conducted by the departments of State and Homeland Security. Applicants must wait eight to 10 months from the time they are referred to U.S. authorities by the U.N. refugee agency before they set foot in the United States, he said.

"Resettlement takes too long," Crocker wrote.

Each DHS case officer in Jordan can interview only four cases a day on average because of the in-depth questioning required, and just a handful of officers were in the region, partly because Syria refuses to issue visas to DHS personnel, Crocker said. "It would take this team alone almost two years to complete" interviews on 10,000 U.N. referrals, he estimated.

As more Iraqis flee, he noted, delays are "likely to grow considerably."

"Refugees who have fled Iraq continue to be a vulnerable population while living in Jordan and Syria," he wrote. "The basis for . . . resettlement is the deteriorating protection environment in these countries."

Crocker suggested fast-tracking security checks for Iraqis, doubling the number of interviewing officers in Jordan and continuing to push Syria to issue visas. But he also suggested what he called "real alternatives," such as allowing State Department officers to conduct interviews, arranging DHS interviews by video from Washington or allowing Iraqis who work for the U.S. Embassy to go through the process in Iraq, instead of outside the country.

In a letter to Crocker the following day, Emilio T. Gonzalez, director of U.S. Citizenship and Immigration Services, wrote that the ambassador's cable "does not reflect an accurate picture of DHS's commitment or performance to date." Gonzalez disputed many of Crocker's points and blamed the State Department, which has overall responsibility for the U.S. refugee program, and its partner agents, called Overseas Processing Entities. They handle initial security screening, medical examinations, sponsorships and orientation for applicants.

"It is the OPE's capacity to prescreen the Iraqi cases . . . that has been driving the pace of the Iraqi program," Gonzalez wrote. "I can assure you categorically that USCIS has sent refugee officers to conduct every interview requested" by State.

Gonzalez acknowledged that Syria is a problem, but he said authorities have cut processing time for cases to four to six months, not the eight to 10 months cited by Crocker. Paul Rosenzweig, a DHS deputy assistant secretary for policy, also disputed the idea of a two-year backlog, saying the administration expects to be able to process 12,000 refugees next year and has ramped up operations quickly.

But progress to date has been slow. Since February, the office of the U.N. High Commissioner on Refugees has referred about 10,000 Iraqis to the U.S. refugee program . The State Department, however, has admitted just 829 Iraqis this fiscal year, which ends Sept. 30, and officials caution that they may admit only about 1,750 by the end of the year.

Since 2003, the year of the U.S. invasion, the United States has admitted 1,521 Iraqi refugees.

A spokesman for Ellen R. Sauerbrey, the assistant secretary of state for population, refugees and migration, declined to comment on internal deliberations. In an e-mail obtained by The Washington Post, she agreed with DHS's corrections to "many errors" in Crocker's cable.

Several State Department officials said Crocker's intention was to "galvanize" Washington to meet expectations and called any mistakes "honest misunderstandings" based on his perception in the field.

"The numbers are not where we hoped they'd be," a State Department diplomat said.

Amelia Templeton, spokeswoman for Human Rights First, which provided a copy of the cable to The Post, praised Crocker's "clear-sighted analysis" of the plight faced by Iraqis whose lives are in limbo and who are running out of money, but expressed disappointment about "talk and not much substance" from the administration on refugee resettlement.

"What we've seen consistently in all of this is State trying to point to [the U.N. refugee agency] as the point of delay, DHS pointing to State -- everyone is sort of pointing fingers, and nobody is taking responsibility for getting people here in a timely fashion," she said.

In the Senate, Sen. Edward M. Kennedy (D-Mass.) will propose attaching legislation backed by a dozen lawmakers in both parties to a defense authorization bill this week; it would expand refugee and immigrant visa programs for Iraqis, including those threatened because they helped U.S. reconstruction efforts.

"Ambassador Crocker's plea for help is the latest reminder that the administration has failed to adequately address the enormity of this situation," Kennedy said in a statement, vowing to "cut through the red tape." He added, "While we can't solve the problem alone, the least we can do is our part to allow those at risk to resettle here."

Source: Senator Ted Kennedy

Bookmark/Search this post with: