The Protect Citizens and Residents from Unlawful Detention Act

On July 30th, Senators Robert Menendez (D-NJ), Edward Kennedy (D-MA), and Kirsten Gillibrand (D-NY) introduced the “Protect Citizens and Residents from Unlawful Detention Act,” a bill establishing minimum standards of procedure and treatment for U.S. citizens, lawful permanent residents and immigrants who are impacted by immigration detention, including asylum seekers. Among the many important due process protections furthered by this Act, the Secretary of Homeland Security would be required to determine whether there are reasons to detain an asylum seeker based upon an individual assessment of whether the asylum seeker poses a risk of flight or danger to others. This decision would be subject to review by an immigration judge, a critical due process protection that arriving asylum seekers are currently not afforded.

Click here to read more about the “Protect Citizens and Residents from Unlawful Detention Act.”

Click here to read more about the impact that the Act would have on asylum seekers.

Click here to read more about the U.S. detention of asylum seekers.

Refugees Continue to Suffer from the Overly Broad Application of the “Material Support” Bar to Admission

On July 26th, McClatchy Newspapers printed an article revealing the continued problems facing asylum seekers whose cases get ensnared by the overly broad definition of “material support” to “terrorist” organizations. The article describes situations in which the Departments of Homeland Security and Justice have interpreted the law to apply to refugees and asylum seekers due to their membership in certain groups, including those who opposed dictators or helped the U.S. government. Examples include the Movement for Democratic Change party in Zimbabwe, which now holds the prime ministership of that country, and the Patriotic Union of Kurdistan party in Iraq, the party of the current president, Jalal Talabani.

Click here to read the full article by Marisa Taylor.

The BIA Issues an Unpublished Decision in Matter of
L-H-

In the recent unpublished decision in the case of Matter of L-H-, the Board of Immigration Appeals (BIA) held that the material support bar only applies to affirmative acts and distinguished between de minimis amounts of support and those that are “material.” As an unpublished decision, the Matter of L-H- does not establish new precedent on the issue. Human Rights First submitted an amicus brief in this case.

To read the redacted, unpublished BIA decision, here.

Gracie Mansion Event Honors Human Rights First’s Volunteer Attorneys Assisting Refugees Seeking Asylum in the U.S.

On Wednesday, July 8th, the Honorable Michael R. Bloomberg, Mayor of New York City, welcomed hundreds of guests to the Gracie Mansion in New York City to celebrate the achievements of volunteer attorneys who are affiliated with Human Rights First’s Refugee Protection Program. Since 1980, these volunteers have provided quality legal services to thousands of refugees seeking asylum in the United States. Human Rights First is grateful for their contributions.

DHS Files a Promising Brief in Asylum Case Based on Domestic Violence and Gender Based Persecution

In the recent brief filed by the Office of the General Counsel and the Office of the Principle Legal Advisor at the Department of Homeland Security (DHS) in the case of Matter of L-R-, DHS offers two formulations for the applicant’s potential eligibility for asylum on the basis of membership in a particular social group: i) “Mexican women in domestic relationships who are unable to leave” and ii) “Mexican women who are viewed as property by virtue of their positions within a domestic relationship.” This brief sends a strong signal to ICE Trial Attorneys, USCIS Asylum Officers and others within DHS that the Department officially recognizes these cases can merit a grant of asylum, if all the requirements for asylum eligibility are satisfied.

Click here to read the DHS brief posted by the NY Times.

Click here to read the article in the NY Times.

Click here to listen to the story on NPR.