For Immediate Release: November 30, 2004
(Updated 12/6/04)
Contact: Nicky Lazar (212) 845 5220

Ridge Resignation, Kerik Nomination Offer Opportunity to Step Up Refugee Protection

Following the resignation of Tom Ridge and President Bush’s decision to nominate Bernard Kerik to succeed him as Secretary of the Department of Homeland Security, Human Rights First urges that the protection of refugees be a higher priority for the Department.

Since the Department of Homeland Security (DHS) took over immigration functions from the Immigration and Naturalization Service (INS) in March 2003, Human Rights First has repeatedly recommended that Secretary Ridge take several concrete steps to ensure that refugees who seek asylum in this country are treated fairly. We have requested that Secretary Ridge create a high level refugee protection position, with direct authority over the various DHS enforcement bureaus that detain and deport asylum seekers. We have also urged the Department to issue fair rules to ensure that asylum seekers are no longer detained unnecessarily in U.S. jails for lengthy periods of time.

“The Department has not taken these basic steps – and refugees who seek asylum in this country have suffered as a result. While the Department has many important priorities, refugees have simply been lost in the bureaucratic shuffle,” said Eleanor Acer, Director of Human Rights First’s Refugee Protection Program. “The next Secretary needs to send a strong signal that protecting refugees is a priority for the Department and the Administration,” Acer added, “A good start would be creating a high-level refugee protection position. And the Senate Governmental Affairs Committee can play an important role by using the upcoming confirmation hearings of Bernard Kerik to raise these concerns.”

While DHS has not taken these proactive steps to improve refugee protection, under Secretary Ridge’s leadership, it has taken steps to maintain essential protections for refugee women. The Department, in a brief filed in February 2004 in the test case of Rodi Alvarado, recognized that in appropriate circumstances a woman who flees from domestic violence in a country that fails to protect her can be eligible for asylum, if she meets specific legal criteria. “Secretary Ridge deserves real credit for ensuring that the Department took the proper legal position in this important test case,” Acer noted. “Under his leadership, the Department took a stand that recognizes the importance of protecting women who have fled from honor killings, sexual slavery, domestic violence and other kinds of gender-based abuse.”

Background
The Department of Homeland Security took over the functions of the INS in March 2003. During the last year, Human Rights First repeatedly urged Secretary Ridge to create a high level refugee protection position. The position is essential given the bureaucratic structure of the Department and its important primary focus on preventing terrorism. Under the Homeland Security Act, immigration functions were separated and given to three separate bureaus within the Department. Because of this structure, the legal and operational expertise on refugee protection is located in a totally separate directorate from the bureaus that detain asylum seekers.

On December 3, President Bush announced that he had selected Bernard Kerik, who served as New York City’s Police Commissioner at the time of the September 11 attacks, to be the next DHS Secretary. Mr. Kerik’s nomination will need to be approved by the Senate Governmental Affairs Committee. Human Rights First urges the members of the committee to question Mr. Kerik, both in advance of and at his confirmation hearings, about the steps he plans to take to ensure that refugees are treated fairly and humanely by the Department of Homeland Security.

More on Asylum
http://www.humanrightsfirst.org/asylum/asylum.htm

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