November, 12 2013, 03:00pm EDT
US: Catch-22 for Asylum Seekers
Arbitrary Ban on Working Causes Extreme Hardship and Should be Lifted
WASHINGTON
The US government stands alone among developed countries in denying asylum seekers both employment authorization and governmental assistance, Human Rights Watch and the Seton Hall University School of Law's Center for Social Justice said in a report released today.
The 56-page report, "At Least Let Them Work: The Denial of Work Authorization and Assistance for Asylum Seekers in the United States" documents the hardships faced by asylum seekers, many of whom suffered egregious abuses in their home countries, as a consequence of being denied work authorization. The Immigration and Nationality Act (INA) should be amended to remove the bar to employment for asylum seekers with non-frivolous claims, the groups said.
"The US government leaves many asylum seekers little choice other than begging or working illegally to survive," said Bill Frelick, director of the refugee program at Human Rights Watch. "The work and aid restrictions imposed on asylum seekers, apparently to discourage frivolous applications, harm and degrade the very people who most need support and protection."
US immigration law prohibits asylum seekers from working legally for 150 days after filing their applications - plus an additional 30 days to process the application - unless they are granted asylum before that time is up. The clock that counts those days is stopped any time the government determines that the applicant has delayed the proceedings. In practice, though, it is unclear precisely what stops and restarts the clock.
The problem has affected almost all asylum seekers. In 2011, the clock had stopped at some point for 262,025 people - 92 percent of all pending cases - according to the federal Executive Office of Immigration Review. Once the clock stops, so does the opportunity to apply for work authorization, leaving too many asylum seekers without any means to sustain themselves for many months or years.
Asylum seekers are also ineligible to receive nearly any type of government benefit while awaiting a decision on their cases. The United States stands alone among developed countries in denying both employment and governmental assistance.
Khaled M., an asylum seeker from Egypt, said he was unable to work or receive public assistance for his family for nearly five years. They struggled to find food and shelter.
There were nights when the family had to sleep in a bus station or airport. During the hottest week of one summer, Khaled, his wife, and two small children were evicted and found themselves on the streets without shelter or food.
Josiane F., a 27-year-old rape survivor from Rwanda, said that not being able to work year after year "kills you emotionally." She said, "Just sitting on your own, one year, two years, three years, five, doing nothing, just sitting there, kills you. I was so depressed."
Josiane also found trying to navigate asylum and work authorization laws and procedures without legal assistance extremely difficult. She applied for asylum without the help of legal counsel in May 2008. She said that the asylum application she submitted on her own had a lot of errors. "Maybe if I had a lawyer that time, I would have said it differently," she said. For the next four years while her asylum claim was pending, Josiane was not allowed to work.
"It is unreasonable to expect asylum seekers to manage the complicated process, given the reality that they are not entitled to court-appointed counsel in the United States," said Lori A. Nessel, Professor of Law and Director of Seton Hall Law School's Center for Social Justice. "Requiring asylum seekers to wait for work authorization places an unfair burden on them and their families."
Human Rights Watch and the Center for Social Justice compared the treatment of asylum seekers in relation to work authorization and benefits with the treatment of other vulnerable immigrant groups in the United States. Immigrants seeking other types of humanitarian relief, such as temporary protected status, may apply simultaneously for work authorization.
"The prohibition on work authorization and social benefits for asylum seekers under US law is incompatible with international human rights standards and inconsistent with the treatment of other vulnerable groups," Nessel said.
On July 27, 2013, the US Senate passed The Border Security, Economic Opportunity, and Immigration Modernization Act (bill S.744), which would eliminate the procedure of stopping the asylum "clock" during the application period. The House has not yet considered such an amendment.
"The Senate bill improves current law by eliminating the asylum clock, but it would retain the 180-day bar on work authorization from the time an asylum application is filed," Frelick said. "When considering comprehensive immigration reform, Congress should instead allow asylum seekers to file for work authorization at the same time they file their asylum applications unless their claims are found to be frivolous."
Human Rights Watch is one of the world's leading independent organizations dedicated to defending and protecting human rights. By focusing international attention where human rights are violated, we give voice to the oppressed and hold oppressors accountable for their crimes. Our rigorous, objective investigations and strategic, targeted advocacy build intense pressure for action and raise the cost of human rights abuse. For 30 years, Human Rights Watch has worked tenaciously to lay the legal and moral groundwork for deep-rooted change and has fought to bring greater justice and security to people around the world.
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Rights Groups Urge Biden to Make Delayed Report on Israel's Use of US Arms Public
The report—due Wednesday under the terms of a White House directive—has been indefinitely postponed, according to congressional aides.
May 07, 2024
Before Tuesday's reporting that the Biden administration will delay a highly anticipated report on whether Israel is using U.S. military aid in compliance with international law, a coalition of advocacy groups circulated a letter urging the White House to share the document with the public once it's published.
In February, President Joe Biden issued National Security Memorandum (NSM)-20, which requires Secretary of State Antony Blinken "to obtain certain credible and reliable written assurances from foreign governments" receiving U.S. arms "that the recipient country will use any such defense articles in accordance with international humanitarian law" and then provide Congress with periodic reports "to enable meaningful oversight."
The first report is due by Wednesday. However, four congressional aides
toldPolitico Tuesday that publication would be postponed indefinitely.
"It is not clear if your administration intends to... make this report available to the public," coalition members Amnesty International USA, Defending Rights & Dissent, Freedom of the Press Foundation, National Press Photographers Association, Radio Television Digital News Association, and Reporters Without Borders said in a letter to Biden drafted ahead of Politico's reporting.
"We strongly urge you to make the report available to the public and the press to the greatest extent possible," the groups added.
Access to the document, the coalition argued, "will allow the press to more fully and accurately report on how elected leaders are making decisions about military aid to foreign countries" and "will help Americans make informed judgments about our leaders' decisions on foreign military aid."
"We strongly urge you to make the report available to the public and the press to the greatest extent possible."
The letter comes as Israel uses U.S.-supplied arms and ammunition to wage what hundreds of international legal experts and others say is a genocidal war on Gaza. These include 155-millimeter artillery shells and 2,000-pound guided "bunker-buster" bombs, which Israel says are necessary to target Hamas' underground tunnels.
Aided by artificial intelligence-based target selection systems, Israel Defense Forces commanders are ordering strikes they know will cause large numbers of civilian casualties. In a bid to assassinate a single Hamas commander, the IDF dropped at least two 2,000-pound bombs on the densely populated Jabalia refugee camp on October 31, killing more than 120 civilians.
Even the U.S. military—which since 2001 has killed hundreds of thousands of people during the open-ended so-called War on Terror—avoids using 2,000-pound bombs in densely populated areas due to the tremendous damage they cause.
One prominent U.S. military historian called Israel's Gaza onslaught "one of the most intense civilian punishment campaigns in history," comparing it to the Allied firebombing of Dresden during World War II, which also killed tens of thousands of civilians.
The letter also comes as the Biden administration reportedly believes that Israel's nascent ground invasion of Rafah does not cross the president's "red line" warning that any "major operation" in the southern city—where more than 1 million Palestinians forcibly displaced from other parts of Gaza are sheltering alongside around 280,000 local residents—would damage U.S.-Israeli relations.
The International Court of Justice found in January that Israel is "plausibly" perpetrating genocide in Gaza, where Israeli bombs, bullets, and blockades have left more than 123,000 Palestinians—most of them women and children—dead, injured, or missing since October 7, and hundreds of thousands more suffering full-blown famine.
While the Biden administration has accepted the Israeli government's claims that it is not breaking international law when using American weapons, a number of House Democrats have challenged Israel's assurance, citing "mounting credible and deeply troubling reports and allegations" of human rights crimes committed by IDF troops in Gaza, and by soldiers and settlers in the illegally occupied West Bank and East Jerusalem.
Officials at the United States Agency for International Development also concluded in a confidential April memo to Blinken that Israel is violating NSM-20 by blocking humanitarian aid from entering the besieged Gaza Strip as children there starve to death.
Furthermore, a leaked State Department memo revealed last month that officials at four of the agency's bureaus concluded that Israel's assurances of legal arms use are "neither credible nor reliable."
In addition to NSM-20, federal legislation including the Arms Control Export Act and Leahy Laws also proscribe U.S. arms transfers to human rights violators—although there are many examples of these statutes being ignored for the benefit of key allies including Israel, Saudi Arabia, Egypt, and other nations.
"The public has a profound interest in understanding how the U.S. ensures that its military aid doesn't go to human rights abusers," Caitlin Vogus, deputy advocacy director at Freedom of the Press Foundation, said in a statement Tuesday.
"If the Biden administration can stand behind its decisions about defense assistance, it should have no reason to withhold the report that members of Congress will see from the press and the public," Vogus added.
While Biden has criticized Israel's "indiscriminate bombing" of Gaza and is reportedly holding up two shipments of precision-guided bombs to send a message to Israeli leaders, the president continues to affirm his steadfast support for Israel and has recently approved the transfer of more warplanes, 2,000-pound bombs, and other arms to its key Middle Eastern ally. The administration is also pushing Congress to approve the sale of $18 billion worth of F-15 fighter jets to Israel.
Earlier this year, a group of mostly Democratic members of Congress asked Blinken to explain what they called "highly unusual" moves by the Biden administration to bypass lawmakers in order to fast-track emergency military aid to Israel. Biden—who recently signed off on $14.3 billion in new armed aid to Israel atop the $4 billion it already gets from Washington each year—has also come under fire for approving more than 100 weapons sales to Israel since October.
Human rights defenders slammed Biden's reported decision to postpone publication of the report due on Wednesday.
"It's obvious why Biden is burying the NSM-20 report on Israel: He won't hold Israel accountable," Georgetown University adjunct professor Josh Reubner asserted on social media. "There's no way to conclude that Israel hasn't violated assurances it won't use U.S. weapons to break international law or block aid. Of course it's doing both."
Palestinian American author and political analyst Yousef Munayyer asked: "Hey, Joe Biden, what are you hidin'?"
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Anti-war voices on Tuesday welcomed Politico's reporting that U.S. President Joe Biden's administration is delaying "shipments of two types of Boeing-made precision bombs to send a political message to Israel," which on Monday launched a long-awaited invasion of Rafah in the southern Gaza Strip.
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The piece followed Axiosreporting Sunday that Israeli officials said the administration "last week put a hold on a shipment of U.S.-made ammunition" and The Wall Street Journal's Monday revelation that it "has held up delivery of Joint Direct Attack Munitions."
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The White House has neither confirmed nor denied Politico's report, which came as Biden again conflated campus protests against Israel's war on Gaza with antisemitism. Since Israeli Prime Minister Benjamin Netanyahu launched the U.S.-backed offensive in October, Biden has faced mounting pressure to cut off arms to the country and use his influence to end the bloodshed.
"Reports that the Biden administration is delaying the sale of at least two types of bombs to the Israeli government, in reaction to its disastrous conduct of the war in Gaza, are highly welcome. That conduct is again on international display in Rafah this week, where the Israeli military has begun an invasion that, as we at Win Without War have previously warned, could lead to further horrific war crimes," the group's executive director, Sara Haghdoosti, said in a statement Tuesday.
"Now that this news has leaked, senior administration officials must publicly confirm this policy shift," she said. "If President Biden is taking the overdue but necessary step to condition weapons sales in line with U.S. law and policy and to force changes in Israeli government strategy, he cannot leave his intentions open to miscommunication or spin from those, including Prime Minister Netanyahu, who are continuing this conflict for their own political benefit. The White House must leave no stone unturned in its effort to stop the Israeli government's offensive on Rafah—the hundreds of thousands displaced there do not have more time."
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While multiple congressional Republicans condemned the Biden administration's supposed move to delay the delivery of the bombs to Israel, critics of the Israeli assault joined Haghdoosti in welcoming the development—which comes on the heels of Congress and the president approving billions more in military aid for Israel.
"Glad to see it. I wish they would've started sending this message thousands of lives ago, as so many urged," Matt Duss, executive vice president at the Center for International Policy, said on social media.
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Refugees International president Jeremy Konyndyk, called it an "overdue but welcome development" that "hopefully... signals a pivot to beginning to impose more overt conditionality on U.S. arms transfers."
Politico separately reported Tuesday that according to congressional sources, "the Biden administration's report on whether Israel has violated U.S. and international humanitarian law during the war in Gaza has been delayed indefinitely."
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CUAD noted that the alleged attack took place as U.S. politicians including President Joe Biden have condemned the campus protest movement, with at least one lawmaker
applauding abusive behavior by anti-Palestinian counter-protesters and New York City Council member Vickie Paladino (R-19) saying last week that the student movement is being led by "monsters, and it's now our job to slay them."
Paladino's "call for vigilante justice was almost fulfilled today," said CUAD.
USA Today also reported that at a separate protest on the Upper West Side near the apartment building of the co-chair of Columbia's board of trustees, "a woman punched a demonstrator in the face, seemingly at random."
In Los Angeles last week, city police stood by while a mob of pro-Israel counter-protesters
attacked nonviolent students who had set up an encampment in solidarity with Palestinians in Gaza, where Israel has killed at least 34,789 and on Monday invaded Rafah, where more than 1 million Palestinians have been forcibly displaced.
On Tuesday, in honor of the U.S. Holocaust Memorial Museum's Annual Days of Remembrance, Biden gave a speech on antisemitism, conflating protests in support of Palestinian rights with the hatred of Jewish people.
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