Advocacy Update
February 2008

LIRS Advocates for Iraqi and Afghan Refugees and Changes to the Material Support Bars
By Eric B. Sigmon, LIRS Policy Advocate

Iraqi and Afghan Refugees

The United Nations estimates that nearly 4.5 million Iraqis have been displaced by violence, the vast majority after the U.S.-led invasion in March 2003. Close to 2.5 million are internally displaced within Iraq, and more than 2 million are now living in Syria, Jordan and other neighboring countries. Uprooted from their homes, Iraqis living outside of the country have few legal protections and face widespread discrimination from locals concerned that they are taking away jobs and depleting limited resources. Moreover, Iraqis are deeply concerned that an entire generation of Iraqi children could grow up unschooled. They do not know when the violence will halt so they can safely return home. While millions of Iraqis have been living in a state of uncertainty for a number of years, the United States has been slow to respond to the overwhelming humanitarian crisis. In fiscal year 2007, only 1,608 Iraqis were resettled to the United States through the refugee resettlement program, falling far short of initial goals of resettling at least 10,000.

LIRS and other national resettlement agencies in the Refugee Council USA (RCUSA) consortium have advocated for major increases in protection and assistance for displaced Iraqis. Proposed solutions, however, have been mired in both international and domestic politics. Initially the U.S. government was concerned that admitting Iraqi refugees would signal to the world that the United States and its allies were not winning the war. Some believed that resettling Iraqis would allow terrorists into the country despite the extensive background checks by the U.N. High Commissioner for Refugees (UNHCR) and the Department of Homeland Security.

In 2007 the Bush administration and Congress began acknowledging that the crisis was too great and that the United States had to increase significantly its resettlement of displaced Iraqis. The first option was to boost the numbers of Iraqis through the refugee resettlement program. In addition, members in Congress explored granting special immigrant visa (SIV) status to Iraqis, which would allow vulnerable, displaced individuals to enter the United States without a referral from UNHCR. In spring 2007 the National Defense Authorization Act (H.R. 1790) was passed with provisions raising the number of SIVs for Iraqi and Afghan translators from 50 to 500 for a two-year period. The bill did not provide these individuals with refugee benefits. In fall 2007 Sen. Cardin (D-MD) successfully introduced legislation granting them benefits for six months. His bill was included in the Consolidated Appropriations Act, 2008 (H.R. 2764) which became law in December. More advocacy needs to be done to ensure that these refugees are properly processed into the United States and that they receive benefits for a full six months.

In addition, LIRS and RCUSA coalition members backed efforts by Sen. Kennedy (D-MA) to grant 5,000 SIVs to Iraqis who put themselves at risk by working for the U.S. government or other groups associated with the government. That legislation was added in December 2007 as an amendment to the National Defense Authorization Act for Fiscal Year 2008 (H.R. 4986). The Kennedy amendment accomplishes the following:

1. authorizes 5,000 SIVs per year for the next five years for Iraqis who have experienced a serious threat based on their employment by the U.S. government;
2. provides eight months’ refugee benefits to Iraqi SIV beneficiaries and enables them to petition for their close family members to accompany or join them; and
3. allows Iraqis in the United States who were denied asylum status to reapply for asylum due to changed country conditions in Iraq.

Although President Bush initially pocket-vetoed the bill over the December holidays, he signed the bill into law on January 28, 2008.  For fiscal year 2008 the U.S. government projects that over 15,000 Iraqis will be resettled to the United States through the SIV and refugee resettlement programs.

Material Support

After September 11, 2001, Congress passed the PATRIOT Act of 2001, which amended immigration laws to bar noncitizens from entering or remaining in the United States if they provided material support for terrorist activities or groups. Later, Congress passed the REAL ID Act of 2005 which further expanded the definition of “terrorist.” These laws were intended to serve as counter-terrorism tools but have had the unintended effect of denying entry or adjustment of status to bona fide refugees and asylees who in some cases are themselves victims of terrorism.

For nearly three years, LIRS advocated with RCUSA to correct the problems with the material support bars that were preventing thousands vulnerable refugees and asylum seekers from gaining physical protection and legal status. The administration was slow to process waivers for these populations, keeping many waiting in limbo. In 2007 members of Congress proposed legislation that would give the administration broader authority to process waivers and clarify the definition of “material support” so that refugees would not be denied protection. In support of these provisions LIRS and several Evangelical Lutheran Church in America bishops made numerous visits to congressional offices and submitted testimony before the Senate Subcommittee on Human Rights and the Law calling for immediate passage of legislation.

In December legislation championed by Sens. Leahy (D-VT) and Kennedy (D-MA) successfully passed as part of the Consolidated Appropriations Bill, 2008. The new law provides the following:

1. broad authority to the Administration to grant waivers for those barred by the material support provisions;
2. automatic relief for individuals who were formerly barred due to their affiliation with the Karen National Union/Karen Liberation Army, Chin National Front/Chin National Army, Chin National League for Democracy, Kayan New Land Party, Karenni National Progressive Party, Arakan Liberation Party, Mustangs, Alzados and “appropriate groups affiliated with the Hmong or Montagnards”; and
3. reporting requirements about the administration’s use of the waivers.

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