Advocacy Update
December 2006

Looking Ahead to the 110th Congress
By Milt Roney, LIRS Director for Legislative Affairs

Democrats gained majorities in both the U.S. Senate and House of Representatives on November 7. Over 60 new members with new interests will add a new outlook to debates in the 110th Congress. How will the changes impact the issues that LIRS cares about?

Refugee Protection
There is hope that the new Congress will reform the so-called “material support” bar to entry, which hinders the rescue of thousands of deserving refugees and asylum seekers. Despite waivers that lift the bar for several thousand refugees, thousands more continue to live in dangerous conditions or at risk of deportation back to persecution. Moreover, hundreds of deserving asylum seekers wait indefinitely for protection in the United States. Advocates are hopeful that the 110th Congress may fix this “bar” problem, using viable solutions such as H.R. 5918, introduced by Rep. Joseph Pitts (R-PA16) in the 109th Congress.

Comprehensive Immigration Reform
President Bush has said that he expects to find common ground on immigration reform with the incoming Congress. Strong advocacy will be needed to convince leaders of both parties and new members of Congress that now is the time for principled, comprehensive immigration reform.

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Still Caught in the Crossfire:
Duress Cases Not Covered by the Administration’s Proposed Waiver

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The administration has proposed a duress waiver to cover those that provided support to what are known as the non-designated terrorist organizations (so-called “Tier III” groups). While a step in the right direction, this waiver does not cover those who have been terrorized by any of the designated terrorist organizations (known as “Tier I” and “Tier II” groups). The following are some case examples:

1. Helene – a Sierra Leonean woman whose family was attacked with machetes, burned, sexually assaulted, and forced to wash the clothes of their Revolutionary United Front (RUF) rebel attackers. Sierra Leonean RUF rebels attacked Helene’s home, brutally killed one family member - chopping him with machetes – and attacked one of Helene’s sons, lighting him on fire and leaving him covered with severe burns. The rebels held the family captive for four days in their own home, repeatedly raping Helene and her daughter, and forcing them to wash clothes and cook meals. Helene is now barred from seeking refugee or asylum protection in the US because the cooking and cleaning she did while enslaved by the RUF rebels – a “Tier II” group – is deemed material support of terrorism. Helene is now barred from seeking refugee or asylum protection in the US because the cooking and cleaning she did while enslaved by the RUF rebels – a “Tier II” group – is deemed material support of terrorism.

2. R.K. – a Sri Lankan fisherman kidnapped by rebels and forced to pay a ransom to save his life. R.K. was kidnapped by members of the Liberation Tigers of Tamil Eelam (LTTE) and forced to pay a ransom of 50,000 rupees for his release. R.K. fled to the United States – chosen because it was a country known for speaking out against Tamil brutality – and petitioned for asylum. Although the immigration judge who heard the case determined that the fisherman paid the LTTE under duress, DHS (ICE) attorneys argued that “there is no duress exception to the material support definition.” As a result, R.K. was denied asylum and has now been held in a detention facility for over a year and a half. Because the Tamil Tigers are one of the enumerated “Tier I” organizations, R.K. is not covered within the Administration’s proposed duress waiver and will continue to be denied asylum.

3. B.T.- a Nepalese government employee and healthcare worker kidnapped by Maoist Rebels and forced to provide health services. B.T. was twice kidnapped by a Nepalese Maoist guerilla unit, the People’s Liberation Army of Nepal rebals, and forced at gunpoint to provide medical treatment to injured militiamen. After reporting these abductions to the authorities, he was kidnapped by the Royal Nepalese Army (RNA) and tortured for providing medical assistance to the rebels. The RNA stuck pins in his fingertips, cut his fingers and hands with knives, and threatened to kill him. B.T. eventually fled to the United States and applied for asylum. Although the immigration judge granted B.T.’s request for asylum, DHS has appealed the decision, placing his case on indefinite hold DHS prosecutors argued that the material support bar does not include an exception for “provid[ing] material support in the form of medical care to the Maoists, a … designated terrorist organization.” – even if the medical care was performed under duress.

4. Jennifer – a 13-year-old Ugandan girl abducted by the Lord’s Resistance Army (LRA) and forced to provide services for her LRA abductors. At 13-years-old Jennifer was abducted from a boarding school in Northern Uganda by members of the LRA. She was held by the rebel group for six months, taking on the duties of “wife” to one of the LRA leaders, including gathering food and cooking meals. Jennifer eventually escaped from the LRA but has been unable to find her family or reintegrate into life in Uganda. Jennifer is barred from entering the United States because the food-gathering and cooking she did for the LRA – a “Tier II” group – is deemed material support for terrorism.

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