December, 04 2008, 11:20am EDT
Blueprint for Obama Administration Provides Recommendations for Repairing the US Asylum System
NEW YORK
A leading
human rights advocacy group released a detailed strategy today for the
next administration to repair the U.S. asylum system and restore the
United States to prominence as a global leader in providing refuge for
victims of religious, political, ethnic and other forms of persecution.
Human Rights First's blueprint - How to Repair the U.S. Asylum System - offers
the incoming Obama administration a series of concrete recommendations
to restore the U.S. commitment to providing refuge to those who flee
persecution and arrive in this country in search of protection.
United States law reflects its international legal obligation to
refrain from turning away those who need safe haven from persecution.
Over the last decade, however, new legal obstacles, restrictions on
basic due process, expanded use of detention, and overly-broad
counterterrorism measures have made it increasingly difficult for
deserving refugees to gain asylum protection. This trend has undermined
core U.S. values and weakened this country's historic commitment to
protecting those who have suffered or fear persecution because of who
they are or what they believe.
The blueprint describes a process by which asylum seekers may now be
jailed for months or even years upon their arrival while their
applications work their way through the system. Many refugees are being
denied asylum protection due to an arbitrary filing deadline, and some
who fled persecution by terrorist groups are being labeled "terrorists"
themselves, due to overly broad definitions of terrorism in current
law. These flawed policies create a grave risk that the United States
is returning refugees to countries where they may suffer persecution,
torture, or death.
"Refugees are perhaps the most vulnerable of all immigrants. And yet
the current system for determining eligibility for protection is
stacked against them," said Elisa Massimino, CEO and Executive Director
of Human Rights First. "Bush administration policies advanced in the
name of national security have further disfigured the immigration
system and left refugees more vulnerable than ever, undercutting our
nation's core values."
The United States has a long-standing commitment to freedom and
respect for human dignity. It is a party to the 1967 Protocol to the
1951 Convention relating to the Status of Refugees, which protects
people against forced return to places where their lives or freedom
would be threatened because of their race, religion, nationality,
social group or political opinions. The United States codified these
guarantees by passing the Refugee Act of 1980.
"The institution of asylum in the United States is at risk, and with
it U.S. global leadership on refugee protection. The United States
needs to follow through with its legal obligations and set a global
example for the protection of refugees." Massimino said, "Other
countries look to the United States to set the standard for refugee
protection, because of its history of engagement on this issue. There
is no question that when the United States lowers the bar, refugee
protection worldwide is harmed."
President-elect Obama affirmed in his election victory acceptance
speech earlier this month that the United States derives its strength
as a nation from the "enduring power our ideals: democracy, liberty,
opportunity and unyielding hope." In that spirit, Human Rights First is
calling on the President-elect to implement policies that will restore
those ideals at the start of his term.
The blueprint makes the following recommendations:
-
Implement changes
in structure, training and personnel at the Department of Homeland
Security (DHS) and Department of Justice (DOJ) to ensure that these
agencies carry out their international obligations to the protection of
refugees in addition to their many other responsibilities.
Implementation should include creating a Refugee Protection Office
within the DHS Secretary's Office, maintaining the Senior Refugee and
Asylum Policy position and providing that position with staff,
increasing White House coordination on refugee and asylum issues
through the National Security Council, and instituting changes at DOJ
that will restore the safeguards provided in the review process at the
Board of Immigration Appeals (BIA); - Safeguard
asylum seekers from arbitrary and unnecessary detention. Implementation
should include providing asylum seekers with access to custody review
hearings by an immigration judge, establishing reasonable parole
guidelines, developing effective alternatives to detention programs,
preventing asylum seekers from being held in jail-like facilities, and
codifying legally enforceable detention standards; - Ensure that bona fide refugees are not barred from protection by the arbitrary one-year filing deadline;
- Ensure that
refugees are not inappropriately barred from asylum because of overly
broad definitions of "terrorism" or "terrorist" organizations.
Implementation should include passing legislation that amends the
definition of terrorism in the Immigration and Nationality Act (INA) so
that it actually targets terrorism, reviewing the extreme
interpretations adopted by the Bush administration related to what
constitutes "material support" and involuntary acts, and establishing a
more effective process of exercising the administration's waiver
authority; and - Allow victims
of gender-based persecution to qualify for asylum by promulgating
regulations that make clear that women persecuted on account of gender
are eligible for asylum.
The blueprint, How to Repair the U.S. Asylum System,
is the fourth in a series of strategy papers released by Human Rights
First to guide the next administration in restoring American leadership
in human rights in critical spheres. The first paper in the series, How to Close Guantanamo, was released this August, the second, How to End Torture and Cruel Treatment, was released in October, while the third, How to End Impunity for Private Security and Other Contractors, was released in November.
Human Rights First is a non-profit, nonpartisan international human rights organization based in New York and Washington D.C. Human Rights First believes that building respect for human rights and the rule of law will help ensure the dignity to which every individual is entitled and will stem tyranny, extremism, intolerance, and violence.
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Cutting Off Lifeline for Starving Gazans, Israel Seizes Control of Rafah Crossing
"This has devastating impacts for the people of Gaza who are already on the verge of famine," said the UNRWA's director of planning.
May 07, 2024
With tanks and ground forces, the Israeli military seized control of the Gaza side of Rafah's border crossing with Egypt on Tuesday, cutting off a critical humanitarian aid route as much of the enclave's population faces imminent famine.
Israel's takeover of the Rafah crossing came hours after the country's military ordered more than 100,000 people in the southern Gaza city to evacuate ahead of a ground assault, which is moving forward after the right-wing Israeli government rejected a cease-fire proposal accepted by Hamas. Cease-fire negotiations mediated by Egypt and Qatar are expected to continue in the coming days.
Video footage posted to social media shows an Israeli tank running over a Gaza sign as Israeli forces took control of the Rafah crossing on Tuesday.
Israeli tank bulldozers Gaza sign as Israeli army captures Rafah crossing this morning.
pic.twitter.com/JNnAXKeW9h
— Ragıp Soylu (@ragipsoylu) May 7, 2024
Reporting from Rafah, Al Jazeera's Hani Mahmoud said the Israeli military is "cutting off the only lifeline right now to the people in Gaza, particularly for the 1.5 million displaced Palestinians here in Rafah."
The Rafah crossing is closed, cutting off the life line for 1.5m people crammed into this tiny piece of land right at the southern end of the Gaza strip.
Hani Mahmoud reporting from Rafah. pic.twitter.com/kPeImrntDj
— Saul Staniforth (@SaulStaniforth) May 7, 2024
Two key humanitarian aid routes—the Rafah and Kerem Shalom crossings—have been shut down for days as the Israeli military plows ahead with its Rafah assault in the face of international outrage. More than 600,000 children are currently living in Rafah, and aid organizations say Israel has no credible plan to protect them.
Overnight, Israel launched deadly airstrikes in Rafah, describing its military operation in the overcrowded city as "very precise." One resident
toldReuters that the Israeli strikes killed his wife and children.
Jens Laerke, a spokesperson for the United Nations Office for the Coordination of Humanitarian Affairs, toldThe Associated Press that Israeli authorities have denied the agency access to the Rafah crossing.
A lasting shutdown of the route, Laerke warned, "will plunge this crisis into unprecedented levels of need, including the very real possibility of a famine." He added that Israel's military is "ignoring all warnings about what this could mean for civilians and for the humanitarian operation across the Gaza Strip."
Speaking to Al Jazeera on Tuesday, the director of planning at the U.N. Relief and Works Agency for Palestine Refugees in the Near East (UNRWA)—the most important aid organization operating in Gaza—said the closure of the Rafah crossing is having "catastrophic impacts on everyone in Gaza."
"Since October, this has been the main entry point of goods coming into Gaza," said Sam Rose. "There has only been a trickle of goods coming in, and since Sunday the crossing has been closed completely. And this has devastating impacts for the people of Gaza who are already on the verge of famine."
"No aid coming in means no aid distributed after a couple of days," Rose continued. "And equally importantly, Rafah and Kerem Shalom are the only entry points for fuel in Gaza, so without the fuel there's no ability for trucks to move around, there's no ability for desalination plants to operate and provide safe water, there's no electricity. It cuts off everything. Rafah and Kerem Shalom—they're the lifeblood for the small amount of goods that have been coming into Gaza since October, so absolutely devastating."
"Absolutely devastating"
This morning the IDF have seized the Palestinian side of the Rafah crossing, and Sam Rose from UNRWA explains what it means now that the crossing is closed. pic.twitter.com/iC1w8AWnt5
— Saul Staniforth (@SaulStaniforth) May 7, 2024
Laerke of the U.N. humanitarian affairs office said that cutting off the supply of fuel to Gaza for an extended period of time "would be a very effective way of putting the humanitarian operation in its grave."
Volker Türk, the U.N. high commissioner for human rights, said in a statement that "more attacks on what is now the primary humanitarian hub in the Gaza strip are not the answer."
"First and foremost, there must be a cease-fire. Humanitarian aid must be allowed to flow freely and at scale. And the hostages and those arbitrarily detained must be released at once," said Türk. "Those that elect to flout international humanitarian law and international human rights law must be held to account."
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Advocacy groups, congressional Democrats, and U.S. President Joe Biden's reelection campaign on Monday pointed to new government reports on Medicare and Social Security as proof that the key programs must be protected from Republican attacks.
The annual trustee reports show that Social Security is projected to be fully funded until 2035, a year later than previously thought, while Medicare is expected to be fully funded until 2036, five years beyond the earlier projection.
Former President Donald Trump, the presumptive Republican nominee to face Biden in November, "proposed cutting Social Security and Medicare every year he was in office, he's said repeatedly he would cut them, his allies openly plan to target them, and just this weekend he dismissed them as bribes," noted James Singer, a spokesperson for the Democrat's campaign.
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"No doubt we will hear cries from so-called 'fiscal conservatives' that Social Security is going 'bankrupt,' supposedly requiring Draconian measures—which couldn't be further than the truth."
Richard Fiesta, executive director of the Alliance for Retired Americans, said Monday that "current and future American retirees should feel confident about both Medicare and Social Security, which [are] stronger due to the robust economy under President Biden. But the future of these earned benefit programs depends on who is elected this fall—both as president and to Congress."
Fiesta highlighted that Biden's latest budget "calls for strengthening" the programs whereas Trump recently said that "there is a lot you can do... in terms of cutting" them and "the Republican Study Committee (RSC), which includes around 80% of House Republicans, stands ready to make cuts as well."
Nancy Altman, president of Social Security Works, similarly declared that "today's report shows that our Social Security system is benefiting from the Biden economy. Due to robust job growth, low unemployment, and rising wages, more people than ever are contributing to Social Security and earning its needed protections."
"That said, Congress should take action sooner rather than later to ensure that Social Security can pay full benefits for generations to come, along with expanding Social Security's modest benefits," she argued, noting various plans from Democrats in Congress that "are paid for by requiring millionaires and billionaires to contribute more of their fair share."
Unlike Democratic leaders in Washington, D.C., "Republicans want to cut benefits despite overwhelming opposition from the American people," Altman said of federal lawmakers and the former president. Additionally, "Trump plans to sharply restrict immigration. This would harm Social Security by reducing the number of workers paying in."
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Max Richtman, president and CEO of the National Committee to Preserve Social Security & Medicare, also asserted that "Congress must act NOW to strengthen Social Security for the 67 million Americans who depend on it. We cannot afford to wait to take action until the trust fund is mere months from insolvency, as Congress did in 1983."
According to Richtman:
No doubt we will hear cries from so-called 'fiscal conservatives' that Social Security is going 'bankrupt,' supposedly requiring Draconian measures—which couldn't be further than the truth. Revenue always will flow into Social Security from workers' payroll contributions, so the program will never be 'broke.' But no one wants seniors to suffer an automatic 17% benefit cut in 2035, so Congress must act deliberately, but not recklessly. A bad deal driven by cuts to earned benefits could be worse than no deal at all.
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Co-sponsors of Larson's bill include Congressman Brendan Boyle (D-Pa.), ranking member of the House Budget Committee.
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Israel on Monday launched long-awaited strikes on Rafah in the southern Gaza Strip despite Hamas publicly confirming it agreed to a cease-fire and hostage release proposal from Egyptian and Qatari mediators.
The Israel Defense Forces said on social media that "the IDF is currently conducting targeted strikes against Hamas terror targets in eastern Rafah," the city to which over a million Palestinians have fled since October 7, when Israel launched a retaliatory war that has already killed at least 34,735 people in Gaza and wounded another 78,108.
Earlier Monday, the IDF had dropped leaflets directing residents and refugees in that part of Rafah to relocate to a strip along Gaza's coast, ignoring warnings from the international community and humanitarian groups that a full-scale Israeli attack on the crowded city would further endanger civilians and relief efforts.
"It is obvious Netanyahu wants this genocidal war to continue indefinitely so that he can remain in power."
In addition to sparking outrage around the world, the Israeli government's Rafah attack and rejection of the Hamas-backed proposal was met with criticism from people across Israel. The Associated Pressreported that "thousands of Israelis rallied around the country Monday night calling for an immediate deal to release the hostages still held in the Gaza Strip."
Ofer Cassif, a member of the Knesset who was almost expelled by fellow Israeli lawmakers earlier this year for backing South Africa's ongoing genocide case against Israel at the International Court of Justice (ICJ), again called out his own government.
"Israeli tanks and infantry enter east Rafah while planes bomb from above, just hours after Hamas' decision to accept the hostages/prisoners exchange deal," Cassif said Monday. "Why? Because killing Palestinians is more important for the Israeli government than saving Israelis. War criminals!"
The office of Israeli Prime Minister Benjamin Netanyahu said Monday that "the War Cabinet unanimously decided this evening Israel will continue its operation in Rafah, in order to apply military pressure on Hamas so as to advance the release of our hostages and achieve the other objectives of the war."
Along with the prime minister, Israel's War Cabinet includes Defense Minister Yoav Gallant and Benny Gantz, former IDF chief of the general staff, along with three observers.
Netanyahu added that "while the Hamas proposal is far from meeting Israel's core demands, Israel will dispatch a ranking delegation to Egypt in an effort to maximize the possibility of reaching an agreement on terms acceptable to Israel."
Reutersreported that "an Israeli official said the deal was not acceptable to Israel because terms had been 'softened.'"
According to the news outlet, the first part of a three-phase plan that Hamas—which has controlled Gaza for nearly two decades—agreed to includes a 42-day pause in fighting, the release of 33 hostages held by the group and some Palestinians in Israeli jails, a partial IDF withdrawal, and free movement in the besieged enclave.
Phase two would be "another 42-day period that features an agreement to restore a 'sustainable calm' to Gaza, language that an official briefed on the talks said Hamas and Israel had agreed in order to take discussion of a 'permanent cease-fire' off the table," Reuters detailed. This phase also includes withdrawing most Israeli troops and Hamas releasing some soldiers and reservists.
The third phase would involve the exchange of bodies; reconstruction of Gaza overseen by Egypt, Qatar, and the United Nations; and ending the complete blockade on the strip, the outlet added.
Shortly before Israel's Monday night strikes on Rafah began, Stéphane Dujarric, a spokesperson for United Nations Secretary-General António Guterres, said that the U.N. chief "reiterates his pressing call to both the government of Israel and the leadership of Hamas to go the extra mile needed to make an agreement come true and stop the present suffering."
Expressing concern about the then-imminent Israeli operation in Rafah, the spokesperson said that "we are already seeing movements of people—many of these people are in desperate humanitarian condition and have been repeatedly displaced. They search safety that has been so many times denied. The secretary-general reminds the parties that the protection of civilians is paramount in international humanitarian law."
Other U.N. officials have been warning of what an assault on Rafah will mean for the over 1.4 million Palestinians there, among them 600,000 children. So have humanitarian and political leaders, including U.S. Sen. Bernie Sanders (I-Vt.)—who on Monday urged President Joe Biden to stand by his earlier position that attacking the city was a "red line" and "end all offensive military aid to Israel."
Council on American-Islamic Relations national executive director Nihad Awad issued a similar call Monday evening, warning that "the Israeli government is hellbent on using American financial, military, and diplomatic support to ethnically cleanse what remains of Gaza and commit another massacre."
"President Biden must stand up to Benjamin Netanyahu and take concrete action to end the genocide now," Awad continued, nodding to the Israeli leader's legal trouble. The prime minister faces not only potential consequences on a global scale for what the ICJ has deemed a "plausibly" genocidal war on Gaza but also a corruption trial in his own country.
"It is obvious Netanyahu wants this genocidal war to continue indefinitely so that he can remain in power, avoid jail, and fulfill his racist, far-right Cabinet's demands for the complete destruction of Gaza and the massacre of its people," Awad said. "It is long past time for President Biden to end our nation's complicity in this 21st-century genocide."
Biden spoke with Netanyahu by phone ahead of the IDF strikes on Monday and "reiterated his clear position on Rafah," according to a White House readout. They also discussed the hostage negotiations, humanitarian aid, the Holocaust, and antisemitism.
Trita Parsi, executive vice president of the Quincy Institute for Responsible Statecraft, also suggested that the Israeli prime minister wants the bloodshed in Gaza to continue for personal reasons.
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