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IMMIGRATION
NEWS
We
introduce this week a new regular section to our newsletter: “Well Founded
Fears.” This section shall highlight news accounts of refugees or events
that will likely lead to refugee populations either here or outside the United
States. We comb through articles from all over the world to give perspective on
these events. This reading may get depressing. However, we have seen countless
people who have survived epic struggles against evil whose subsequent lives provide
lessons that, well, give hope. We marvel at how many of the world’s problems
have come to semi-rural Central Pennsylvania. We have seen war refugees from Cambodia,
Vietnam, Sudan, Somalia, Bosnia, Ethiopia and Eritrea. We have seen former slaves
from Africa; Gypsies or Roma from Eastern Europe; Kurds from Turkey; Coptic Christians
from Egypt and Ahmadi Muslims from Pakistan who have been subjected to unspeakable
cruelties. Many are now living productive and meaningful lives here in a world
completely removed from their past. The very success of their lives make the practice
of asylum worth it. Sometmes we see even more. We say goodbye this week to our
summer research assistant, Sarya Sok. Sarya is a recent graduate of William and
Mary College. Her family left the killing fields of Cambodia in 1980 who, like
thousands of others, found refuge in America. She is leaving us this week to work
with Friends Without Borders in Cambodia. We wish her Godspeed.
Grace
A. Sease was sworn in as an Immigration Judge on August 23, 2002 in York Pennsylvania
where she will be presiding. She has a distinguished career having received an
M.A. (1966), and a Ph.D (1972) from Michigan State University prior to receiving
a J.D. in 1987 from George Mason University. Judge Sease worked from December
1992 to April 2002, as an assistant district counsel for the Immigration and Naturalization
Service in Atlanta, Georgia. Prior to that she was a trial counsel for the Service
in Harlingen, Texas and an attorney – advisor for the United States Department
of Labor, Benefits Review Board. She is a member of the Virgina and District of
Columbia Bars.
There are more than 200 Immigration Judges serving in 51 Immigration Courts. The
York Immigration Court has jurisdiction over the aliens detained in York and Snyder
County Prisons.
The
State Department issued rules on the diversity visa lottery for 2004 this past
week. There are 50,000 immigrant visas allotted to the DV-2004 diversity visa
for fiscal year 2003 (which runs from October 1, 2003 to September 30, 2004).
The application period will begin at noon Eastern US time on October 7, 2002 and
end at noon Eastern US time on November 6, 2002.
The following countries are EXCLUDED from the lottery: Canada, China - mainland
China (nationals of Hong Kong, Macau and Taiwan ARE included), Colombia, Dominican
Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Philippines, South
Korea, United Kingdom, (natives of Northern Ireland and Hong Kong are eligible,
but natives of Anguilla, Bermuda, British Virgin Islands, Caymen Islands, Falkland
Islands, Gibralter, Montserrat, Pitcairn, St. Helena, and the Turks and Caicos
Islands are not eligible) and Vietnam.
These countries were excluded because they are proportionately over represented
in our immigration population. The DV lottery is designed to increase the diversity
of the overall pool of immigrants coming to the US. Countries that have sent more
than 50,000 immigrants to the US in the past five years are put on to the excluded
list. A greater portion of the visas go to the low admission regions than to high
admissions regions. No country may receive more than 7% (3,500) of the 50,000
allotted visas.
The individual must have at least a high school education or its equivalent, or,
within the preceding five years, two years work experience in an occupation requiring
at least two years training or experience. "High School education or its equivalent"
means the successful completion of a twelve year course of elementary and secondary
education in the U.S. or successful completion in another county of a formal course
of elementary and secondary education comparable to complete a 12 year education
in the U.S. or successful completion in another country of a formal cause of elementary
and secondary education comparable to completion of a 12 year education in the
U.S. Passage of a high school equivalency examination is not sufficient. It is
permissible to have completed one's education in less than 12 years or more
than 12 years if the course of study completed is equivalent to a U.S. high school
education.
While individuals may enter the lottery without proving lawful status, an alien
who is present in the United States but entered either illegally or is in violation
of their status, or who has returned to their country but has a bar to their admission
will likely be unable to adjust or obtain the Green Card except in extraordinary
circumstances.
Each individual is limited to one application in the lottery. If more than one
application is
received, the individual will be disqualified. An individual may, however, file
a new application each year. If otherwise qualified, a husband and a wife may
each submit one lottery application. If either is selected in the lottery, the
other would be entitled to derivative status.
There is no government application fee for submitting a lottery application. Winners
will pay a special DV-2004 case processing fee later and the regular visa fees
at the time of visa issuance.
There is no form for the DV-2004 lottery. All that is required is that the proper
information is
typed or clearly printed in the Roman alphabet on a plain sheet of paper, the
application is signed by the applicant, a proper photograph is included and the
application is sent in a properly addressed envelope via regular mail. There are
many standard forms of application created by various law firms and legal publishers
that accomplish the purpose of setting forth the relevant information.
UGANDAN
NOTIONS OF HUMAN RIGHTS- - NO JOKE INTENDED
Uganda’s State owned newspaper, The New Vision, reported this week that
90 Ugandan youths sought asylum in Canada after attending the 17th Catholic World
Youth Day in Toronto presided over by Pope John Paul II this past July. Indeed,
only 26 of their compatriots returned home. The article seemed to make light of
the asylum seekers criticisms of Presdient Museveni. The article suggested that
the “boys” were simply seeking Canada because they could work there.
The article quoted the “Minister for the Presidency, Prof. Gilbert Bukenya,”
as saying “These boys embarrassed our church by pretending they were Catholics
. . . now they are seeking asylum as if they are being persecuted by anyone in
Uganda. If the government was persecuting them, why did we give them passports.
They did that to jump ship. They are thieves who should be dealt with by Col.
Kayanja’s Operation Wembley targeting thieves just like Operation Iron Fist
is targeting Kony and not persecuting innocent Ugandans,” the minister added.
This appears to be a straight news account and not an attempt at ironic humor.
We thought it was a remarkable statement. In Uganda, apparently, groups are not
persecuted, but targeted. Wanting to emigrate is not seeking a better life, but
“jumping ship.” Ugandans who “jump ship” should be “targeted”
so they do not give anyone the idea that President Museveni persecutes people
who disagree with him.
ELSEWHERE IN UGANDA: Achol-Pii refugee relocation in progress
NAIROBI, 19 Aug 2002 (IRIN) - The office of the United Nations High Commissioner
for Refugees (UNHCR) reports, that it is finalizing plans to relocate about 24,000
Sudanese refugees who recently fled an attack by the rebel Lord's Resistance
Army in northern Uganda, to a permanent new camp in the west sometime this week.
ISLAMIC COURT OF NIGERIA VOTES FOR STONING MOM
An Islamic court in northern Nigeria ruled Monday, August 19, 2002, that a woman
must face death by stoning according to Muslim law for having a child outside
marriage. The judge, in his tender mercy, said the stoning would not be carried
out until Amina Lawal Kurami, 31, had weaned her eight-month-old daughter Wasila,
which may not be for another two years. An interesting view of the African reaction
appears in this article from Uganda’s New Vision. We quote it here:
“Uganda’s parliament has stopped short of urging the Nigerian government
(through the appropriate channels, of course) to allow Amina Lawal appeal in her
country’s normal courts. The 30- year-old woman was sentenced to death by
stoning by a sharia court for having a child out of wedlock, and is supposed to
be killed as soon as she weans her baby. Some MPs claimed that Uganda’s
plea for Amina would lead to a diplomatic problem. It is necessary to remind these
MPs that after the formal burial of of the OAU which glorified the so-called non-interference
principle, it was unanimously upheld that under the new African Union, human rights
are no longer internal affairs of individual countries. Therefore, if stoning
of Amina for having a child out of wedlock is in violation of internationally
accepted standards of justice, then Uganda is under obligation to do what is in
its power to stop it. It is possible to make a diplomatic but firm presentation
to the government of Nigeria over this matter without harming the relations between
the two countries. Gen. Sani Abacha is no longer in power in Nigeria, so we can
count on the elected leadership of Gen. Olusegun Obasanjo to listen to reason
and give Amina and her child a chance to live. The Nigerian leadership should
not allow religious fanatics to tarnish the image of the continent, projecting
Africans as a barbaric people with no respect for human life. Religious leaders
in Nigeria have more pressing problems than killing a woman for giving birth.
They should first stop murderers, who abound in that country, before killing Amina.
They should also work on the scourge of corruption which has not done a lot of
good for their country. Tribalism is also another serious problem that should
consume the energies of the religious leaders in Nigeria.
CYPRUS GIVES PREGNANT NIGERIAN WOMAN ASYLUM
The Middle East Times, reports that a pregnant Nigerian student was released from
custody and given temporary stay in Cyprus on Wednesday August 21, 2002 after
she applied for asylum, fearing death by stoning in her homeland for having a
child out of wedlock. Atanda Fatimo, who is 21 and seven months pregnant, was
arrested after she was sent back to Cyprus on the next available flight when she
tried to enter Ireland on a forged British passport on August 17. The Cyprus College
computer student compared her case with the plight of fellow Muslim Amina Lawal
Kurami, 30, sentenced to death by an Islamic court in Nigeria for having a child
outside marriage. Under Sharia law, punishment for adultery is death by stoning.
Under normal circumstances, the Nigerian would be deported, but the fact she might
face the death penalty back home has made the Cypriot authorities think again.
180 FAMILIES FLEE FIGHTING TO RWANDA AND BURUNDI
The UN reports, that some 180 families in Kabarole commune in Kayanza Province,
some 197 km north of Bujumbura, have fled into southern Rwanda and to neighboring
areas of Burundi's Cibitoke Province, due to rebel- induced food shortages,
humanitarian workers and the military said on Friday. A humanitarian worker, who
for security reasons declined to be named, told IRIN that the rebels had emerged
from their stronghold in the Kibira forest and looted local foodstocks. "The area
had had a good harvest. However, rebels looted their farm produce," the humanitarian
official said. The Burundi military spokesman, Col Augustin Nzabampema, told reporters
in the capital, Bujumbura, that there was no famine in Kabarole, and that the
residents who had fled to Rwanda were rebel supporters. But, he added, the rebels
looted their food anyway. "Those who side with rebels should take responsibility
for what may befall them since, in terms of war and humanitarian
rights, anyone conniving with the enemy is no longer protected," he said.
He said humanitarian workers would not be allowed into Kabarole at this time.
"It would be difficult to explain to their countries why we sent them to dangerous
areas," he added. However, the World Food Program said it would send a food assessment
team to the area on Monday. Another team sent there between 5 and 11 August on
a similar task had to abandon its mission due to insecurity. The State Department
has issued a “travel warning” on Burundi. (See Consular Posts).
Pakistan
- - Karachi Consulate Closed
The State Department announced that the U.S. Consulate in Karachi is closed indefinitely
for security review. Coupled with the July conviction and sentencing of four men
charged with the kidnapping and murder of an American reporter and the ongoing
concern for further terrorist actions against American citizens in the region,
the Department of State again reiterated its warning to American citizens to defer
travel to Pakistan and strongly urged American citizens in the country to depart.
Although the high level of tension between India and Pakistan has subsided, the
risk of renewed tensions cannot be ruled out.
Assailants recently have attacked several Christian facilities resulting in deaths
and injuries. On August 9, 2002, a Christian hospital in Taxila was attacked,
killing at least four and wounding as many as 20, some seriously. On August 5,
gunmen killed six individuals in an attack on a Christian missionary school in
Murree. On March 17, an attack on worshippers at a church service in Islamabad
resulted in the deaths of two Americans and the injuries of several others. On
October 28, 2001, gunmen killed 17 people at a Christian church in the eastern
city of Bahawalpur.
On July 15, 2002, Pakistani authorities announced verdicts against four persons
involved in the kidnapping/murder of American citizen Daniel Pearl in early 2002.
One person was given the death penalty and three others life imprisonment. These
verdicts have been appealed and the hearings are scheduled to begin on August
13. T Department notes that the potential exists for retaliatory actions against
U.S. citizens and interests.
The possibility of other threats to Americans, Christian facilities and other
civilian targets continues. The June 14 car bomb attack against the American Consulate
in Karachi resulted in the loss of life of many Pakistani citizens in the vicinity
of the consulate building. The trial of several suspected attackers now in custody
is expected soon.
On August 5, the U.S. Consulate in Karachi closed its public operations indefinitely
due to security concerns at the consulate building in Karachi. U.S. citizens requiring
emergency assistance should contact the consular section in Karachi by telephone
before appearing at the consulate building. All other consular sections in Pakistan
(Islamabad, Lahore and Peshawar) remain open for routine business. However, from
time to time, the other missions in Pakistan may temporarily suspend public services
as necessary to review their security posture. Due to security concerns, official
Americans may be prohibited from traveling to certain areas of Pakistan. Americans
seeking assistance should telephone the Embassy or Consulates before visiting
to ensure the offices are open and to obtain the latest information on travel
restrictions.
There is a growing possibility that as security is increased at official U.S.
facilities, terrorists and their sympathizers will seek more vulnerable targets.
These may include facilities where Americans are generally known to congregate
or visit, such as clubs, restaurants, places of worship, schools, or outdoor recreation
events.
As a result of these concerns, the Department ordered the departure of non-emergency
personnel and family members of the Embassy and Consulates in Pakistan on March
22, 2002. Americans in Pakistan are strongly urged to depart the country.
Burundi - Travel Warning
The State Department issued a travel warning on August 9, 2002 updating information
on safety and security in Burundi, including attacks on vehicles throughout the
country and gunfire and mortar attacks in the region of the capital, Bujumbura.
The Department of State warns U.S. citizens against travel to Burundi due to the
uncertain security situation within Burundi, and among the several states in the
surrounding Great Lakes region.
Burundi has been plagued by civil war since 1993. As the result of a peace process
undertaken by many of Burundi's political parties, a three-year transition
government was installed on November 1, 2001. Two major rebel factions, however,
have yet to sign a cease-fire agreement with the government. Fighting between
these rebel forces and government troops can be intense, and often involves non-government,
non-combatant targets. Throughout the first half of 2002, vehicles on the nation's
major roads were attacked regularly. In addition, there is frequently gunfire
in the suburban areas of the capital, Bujumbura. In June, mortar rounds were fired
at night on two occasions at the city center. The United Nations compilation of
violent incidents enumerates more than 60 such incidents throughout the country,
most involving one or more fatalities, in the month of May 2002 alone.
The U.S. Embassy in Burundi operates with a reduced staff and restricts the travel
of U.S. Government personnel within the capital, while travel outside the capital
is limited to travel by air only. Family members are prohibited from accompanying
U.S. Government employees assigned to Burundi, and personnel assigned to Burundi
on a temporary basis may have their assignments curtailed. U.S. Government personnel
are strictly prohibited from flying to, from, or within Burundi during the hours
of darkness.
The Government of Burundi maintains a curfew for Bujumbura, which is currently
from midnight to 5:00 a.m. The U.S. Embassy maintains a curfew for its staff,
which is currently from 10:30 p.m. to 6:00 a.m.
Nigeria - Travel Warning
The Department of State issued a travel warning on August 8, 2002 updating information
on ethnic/religious conflicts and travel of U.S. mission personnel superseding
earlier warnings.
The Department of State warns U.S. citizens of the dangers of travel to Nigeria.
Conditions in Nigeria pose considerable risks to travelers. Violent crime, committed
by ordinary criminals as well as by persons in police and military uniforms, can
occur throughout the country. Kidnapping for ransom of persons associated with
the petroleum sector, including U.S. citizens, remains common in the Niger Delta
area.
On-going religious and ethnic conflicts exist in Nigeria between Muslim and Christian
groups and between other ethnic groups. In northern areas, there is on-going conflict
over implementing Islamic Sharia law. In late 2001, this conflict resulted in
hundreds of deaths.
Periodically, travel by U.S. mission personnel is restricted based on changing
security conditions. U.S. citizens should contact the U.S. Embassy in Abuja or
the U.S. Consulate General in Lagos for the most up-to-date information on these
restrictions.
Use of public transportation throughout Nigeria is dangerous and should be avoided.
Taxis pose risks because of the possibility of fraudulent or criminal operators
and poorly maintained vehicles. Most Nigerian airlines have aging fleets, and
maintenance and operational procedures may be inadequate to ensure passenger safety.
Nigerian-based business, charity, and other scams target foreigners worldwide
and pose a danger of financial loss. Recipients pursuing such fraudulent offers
risk physical harm if they travel to Nigeria. Persons contemplating business deals
in Nigeria are strongly urged to check with the U.S. Department of Commerce or
the U.S. Department of State before providing any information or making any financial
commitments. No one should provide personal financial or account information to
unknown parties. An invitation to enter Nigeria without a visa is normally indicative
of illegal activity. Under no circumstances should U.S. citizens travel to Nigeria
without a valid visa. Furthermore, the ability of U.S. Embassy officers to extricate
U.S. citizens from unlawful business deals and their consequences is extremely
limited.
Americans planning to travel to Nigeria are urged to read the Department of State’s
Consular Information Sheet for Nigeria and the Department’s brochures, “Tips
for Business Travelers to Nigeria” and “Advance Fee Business Scams.
Here
is a story by Truong Phoc Khanh from the August 13, 2002 San Jose Mercury News.
We thought it gave insights into the mentality of the inspectors at ports of entry
worth conveying to our readers:
"Every summer for the past 25 years, New Zealand native Maggie Anderson and her
American husband have visited their family in Portola Valley.
But never before had her visit begun in handcuffs and humiliation.
Upon landing at Los Angeles International Airport at 11 a.m on July 24, Anderson
-- a former flight attendant who had flown in and out of U.S. airports hundreds
of times -- was questioned and arrested by federal immigration agents.
She was separated from her husband and escorted to a room where a female agent
wearing rubber gloves searched underneath her bra and underwear. Nothing was found.
Anderson, 51, was held for 12 hours at the airport before she was taken away in
handcuffs to a detention center where she remained for an additional 21 hours
until the next flight back to New Zealand.
The charge? In 1998 -- three U.S. visits ago -- she overstayed her visa by eight
days.
"It was, to me, emotional rape," Anderson said, sometimes through tears while
recalling the events from two weeks past.
Immigration and Naturalization Service officials say what happened to Anderson
happens dozens of times every day at major international airports. No travel violation,
INS officials say, is too minor after Sept. 11.
"We have been the subject of very harsh criticism since 9-11," said Virginia Kice,
spokeswoman for the INS Western region. "All our employees understand we cannot
afford to make any mistakes now, and everybody is very, very vigilant. The stakes
in this climate are very high."
For the first half of this year, the INS has denied 7,422 individuals admission
into the country by air. That compares with 9,130 people denied entry over the
same period in 2000. But as a percentage of all travelers who are entering, or
returning to, the U.S. from another country, the percentage of denied admissions
has remained at .02 percent.
"Post 9-11, we are being exceedingly careful about dotting all the i's and
crossing all the t's," Kice said, "because we recognize the potential tragedy
if we make mistakes."
The Andersons, however, say that the crackdown on terrorism is leaving scars on
the safe, friendly face America proudly shows its foreign guests.
"Is this the way it's going to be? Are we going to be a computer file and
when a red light goes up next to your name, you're guilty and you're just
hauled out of there?" asked Anderson's husband, Doug, who grew up in Portola
Valley and whose father, Robert, was once the town's mayor. "You feel powerless.
You don't get Mirandized. You don't get a lawyer."
The Andersons are farmers in New Zealand. She has run a 100-mile race through
the Sierra Nevada. The 35 hours in INS custody, from her 11 a.m. arrival to her
10 p.m. flight out the next day, nearly broke her.
"I'm not weak; I'm not easily intimidated; I've been around the world,"
Anderson said. "But I am frightened out of my wits because I understand these
people have power."
One week after her return to New Zealand, Anderson obtained a visitor visa to
enter the United States, this time without incident.
Though she understands the INS does not run a hotel for its detainees, her treatment
by federal agents, she said, left her dignity tattered.
They measured her and weighed her. They opened her toothpaste and makeup tubes.
They read the ancient Valentine's Day card from her husband that she always
keeps in her purse. They escorted her through public airport grounds with her
hands handcuffed behind her back. They told her to sit down, be quiet, and raise
her hand if she needed to use the bathroom.
But the worst part, she said, was the body search, or what the INS calls a pat-down.
Two female INS agents, wearing rubber gloves, took her inside a room.
Turn around and face the wall, she was told. Put your hands on the wall. Spread
your legs. When she didn't spread far enough, one agent kicked her foot causing
her to nearly fall to the floor, Anderson said.
One agent pulled Anderson's sports bra above her chest and ran her hands across
Anderson's breasts. The agent pulled down Anderson's pants and put one
hand inside her underwear, front and back.
"She doesn't have anything," Anderson recalled the inspecting agent telling
the other agent.
By then, Anderson was weeping, tears streaming down her face, and she had nothing
to wipe her nose. Agents had her purse and bags.
"I can't talk; I'm too frightened to open my mouth," Anderson said. "I
can't believe what is happening is happening."
The Mercury News checked Anderson's account of her detention with the INS.
Except for the foot-kick, everything was by the book, the INS said.
"Nothing you have shared with us appears to deviate from standard operation procedure,"
Kice said. "This woman was searched. We did a pat-down, went under her clothes
to determine she didn't conceal something."
All individuals in INS custody who need to be transported to another place are
patted down, Kice said.
"We want to ensure they're not carrying any substance on their person," Kice
said, "whether it be weapons or chemicals."
Around noon, a little past her 24-hour mark in INS custody, a guard slipped Anderson
a piece of paper. She would leave that night on the 10:15 flight back to New Zealand.
To the INS, cases like Anderson's are quite clear-cut and will be recorded
as one more case of visa violation.
"This scenario plays out dozens of times a day at an airport the size of LAX,"
Kice said. For Anderson, that was disturbing information.
"If you're going to bully citizens of your allies," she said, "you're
not going to have allies and you're going to fight the war on terrorism on
your own."
The
American Bar Association voted August 13, 2002 to oppose the Bush administration's
secret detention of foreign nationals after the Sept. 11 attacks. The Bar Association
urged that the detained aliens be disclosed and they be given immediate access
to lawyers and family members.
The nation's largest lawyers group joined civil libertarians and others who
have criticized the government's policy of secret and prolonged detentions.
Of those taken into custody as part of the investigation into the Sept. 11 plane
hijackings, the Justice Department has said, more than 750 people were detained
on immigration violations.
The vote marked the second time the Bush administration's anti-terrorism tactics
have provoked criticism during the association's annual meeting. An ABA task
force also said that American citizens who have been branded "enemy combatants"
and who are being held in this country without any charges should at least be
given access to judicial review and an attorney. Specifically, it recommended
that the Administration should explain the basis and scope of its authority to
detain U.S. citizens as enemy combatants; Congress should establish clear standards
and procedures governing detention of U.S. citizens; Citizen detainees should
have access to judicial review to challenge their detention; Citizen detainees
should not be denied access to counsel; Consideration should be given to the international
impact of U.S. treatment of enemy combatants.
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