The History of Human Rights First's Work on Refugee Issues

Advancing Refugee Rights in the US

Human Rights First has been actively involved in protecting refugee rights in the United States since the late 1970s. Our activities in this regarded have had a dual focus. On the one hand, we, through our network of pro bono attorneys, have provided legal services to asylum seekers who seek protection in the United States but do not have the resources to pay for private representation. On the other hand, we have used the extensive expertise developed in handling those cases to advocate for legislative and administrative measure necessary to ensure that asylum seekers in the United States have access to fair procedures. We were on the front lines of the fight to pass the first refugee legislation in this country in 1980 and we continue to be a forceful voice in Washington for the rights of refugees today.

Advocating for national refugee legislation in the US

Our work on behalf of asylum seekers in the United States dates to the late 1970s, when we led a fact-finding team to south Florida to report on the mistreatment of Haitian asylum seekers by the Immigration and Naturalization Service (INS). In 1979, we provided expert testimony in the landmark lawsuit, Haitian Refugee Center v. Smith, in which a federal judge in Florida found the handling of Haitian asylum applications to be a gross violation of equal protection principles.

When the United States became a signatory to the UN Refugee Convention in 1968, the Executive Branch argued that implementing legislation was not necessary because the Attorney General could exercise pre-existing powers to grant “withholding of deportation,” which basically meant that the government could not deport an individual alien, in a manner which was consistent with the United States’ obligations under the treaty. However, more than a decade of experience showed that the need for legislation was critical as the discretionary application of withholding nearly eliminated the possibility for judicial review and forced claimants to show a “clear probability” of persecution, rather than simply a “well-founded fear,” the formulation found in the UN Refugee Convention. Drawing on our experience, we led the fight to establish a formal legal right to seek asylum under United States law. This right was realized in the landmark Refugee Act of 1980.

Although the 1980 Refugee Act formed a solid legal basis for the US asylum system, Human Rights First’s continued monitoring found a series of problems in its implementation. In the context of the Cold War, US foreign policy concerns often pre-dominated in the decision making process. In addition, asylum adjudicators and immigration judges often received inadequate training and preparation and the majority of asylum seekers lacked access to legal advice to guide them through the complexities of the asylum procedure. Human Rights First has remained on the front lines of a series of legislative and regulatory changes which have transformed the asylum system over the past 25 years. Though much remains to be done, the government has moved a long way from the politicized and Cold War-dominated asylum decision making of the 1970s and 1980s, to a more fact and law-based system today.

Representing Asylum Seekers in the United States

Human Rights First has taken a hands-on approach to the issue of access to counsel. Upon identifying this as a key concern after the passage of the 1980 Refugee Act, Human Rights First began rallying lawyers to represent vulnerable asylum seekers who were unable to pay for counsel pro bono. Over the last 20 years, we have built a model pro bono representation program, the largest in the country for asylum seekers, which has been replicated by a number of other organizations throughout the U.S. The program draws on the services of a network of volunteer lawyers from the nation’s top law firms – who we recruit, train and supervise. By 2002, volunteer lawyers working with Human Rights First were representing 1,000 clients from more than 80 countries. They contribute pro bono services valued at $15 million a year, and we win more than 90% of these cases – an astounding success rate. Over the years, this work has resulted in safe haven and a new life in the United States for thousands of refugees and their families, and our staff has provided advice and counsel to thousands more. This work has given us the hands on experience and direct understanding of how the law affects real people on a daily basis which enable us to identify key problems in the asylum process and which lends credibility to our interventions with policy makers.

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