Human Rights First Remembers Senator Edward M. Kennedy, a Lifelong Champion for Human Rights

As Human Rights First mourns the passing of our cherished friend Senator Ted Kennedy, the Refugee Protection Program remembers his enduring commitment to ensuring that the United States set an example for the world in protecting refugees fleeing oppression. Senator Kennedy was chief architect and sponsor of the Refugee Act of 1980, legislation that enshrined core protections of the Refugee Convention into U.S. law. More recently, he championed the Refugee Crisis in Iraq Act to ensure protection of Iraqi refugees, including those who have been targeted because of their work with the United States or U.S. groups.

Click here to read the Human Right’s First press release.

Click here to watch our 2008 video honoring him.

DHS Announces Plan to Overhaul the Immigration Detention System as Senator Lieberman Introduces Important Detention Reform Legislation

On August 6th the Department of Homeland Security (DHS) announced its plan to overhaul the nation’s flawed immigration detention system and Senator Lieberman introduced the Secure and Safe Detention and Asylum Act (S. 1594). DHS’s plan is designed to shift away from relying on a “penal” model of detention, improve the conditions of confinement, and enhance DHS’s oversight of the system. The legislative reform advanced by S. 1594 fills in the crucial gaps not addressed by DHS’s announcement, such as reforming the policies and processes governing decisions to detain, parole, and release individuals – including asylum seekers – from immigration detention.

Click here to read HRF’s press statement, blog post, and letter to members of the Senate Judiciary and Homeland Security and Government Affairs Committees.

Click here to read an op-ed by the USCIRF vice-chairs in Miami Herald.

Click here to take action to support recent detention reform legislation in the Senate.

Refugee Roulette: Disparities in Asylum Adjudication

After conducting a thorough analysis of the asylum adjudication process, Professors Jaya Ramji-Nogales, Andrew I. Schoenholtz, and Philip G. Schrag, the authors of the new book, Refugee Roulette: Disparities in Asylum Adjudication, found great disparities in asylum approval rates. Given these disparities, the study concluded that life or death asylum decisions are frequently influenced by random factors relating to personal characteristics of the decision makers, thus increasing the risk of refugees being returned to countries where they face persecution. Based on this research, the book recommends a set of reforms including more comprehensive training, more effective and independent appellate review, and other reforms that would further professionalize the adjudication system.

Click here for more information about the study or to purchase a copy of the book.

CGRS Practice Advisory on Asylum Cases Based on Domestic Violence and Gender Based Persecution

In light of the brief filed by the Office of the General Counsel and the Office of the Principle Legal Advisor at DHS in the case of Matter of L-R-, the Center for Gender and Refugee Studies (CGRS) has updated its practice advisory on eligibility for asylum for victims of domestic violence and gender based persecution.

Click here to obtain a copy of the updated practice advisory.

Click here to read the DHS brief.

EOIR and USCIS On-Line Resources for Asylum Practitioners

Human Rights First reminds asylum practitioners of a few helpful resources available on the websites of the Executive Office for Immigration Review (EOIR) and the U.S. Citizenship and Immigration Service (USCIS):

• EOIR’s Interactive Benchbook for Immigration Judges: The Benchbook includes templates and resource materials designed to assist Immigration Judges issue a clear, concise and well-reasoned decisions. The templates offer approaches for dealing with certain cases that may present themselves to Immigration Judges. Click here to review the Benchbook.

• Immigration Court Practice Manual: This Practice Manual aims to implement a system of “best practices” nationwide and improve consistency in Immigration Court procedures. While the Practice Manual does not limit the discretion of Immigration Judges to act in accordance with law and regulation, it does set forth a guide to uniform procedures for practice before the Immigration Courts. Click here to read the Immigration Court Practice Manual.

• USCIS Asylum Division Training Programs: The Asylum Officer Basic Training Course Lesson Modules are used for the training of Asylum Officers. These modules include a review the affirmative asylum process and procedures, sources of authority and case law, asylum eligibility factors, bars to asylum, instructions on interviewing asylum seekers, and more. USCIS updates the lessons as necessary to address new case law, statutory requirements, and procedural directives. Click here to read the Asylum Officer Basic Training Course Lesson Modules.