First Muslim Lesbian Couple to Wed in UK Seeks Asylum

The Daily Mail reports that a “pair of Pakistani women have made history as the first Muslim lesbian couple to get married” in the United Kingdom:

The couple could not find an Imam to marry them or, apparently, a decent wedding photographer (focus!).
The couple could not find an Imam to marry them or, apparently, a decent wedding photographer (focus!).

Rehana Kausar, 34, and Sobia Kamar, 29, made history when they tied the knot in a register office civil ceremony, then immediately applied for political asylum after they were wed, claiming their lives would be in danger if they returned to their native country.

The pair, from the Lahore and Mirpur regions of Pakistan, said they had received death threats from opponents in Pakistan – where homosexual acts are illegal and considered against Islam. And since news of their wedding earlier this month spread, the pair claimed they had even received death threats from the UK.

The couple was not married in an Islamic ceremony because they could not find an Imam in Britain willing to marry them.

Pakistan has become a fairly violent and lawless society, and–given this couple’s visibility and the death threats they have received–I suspect that their asylum claim will have a high probability of success.

A quick review of reader comments about the Daily Mail article shows that people’s main concern is that the women’s case will open the floodgates, and that anyone claiming to be gay will be able to obtain asylum in the UK (just so you know, my summary of the reader comments is more polite than the actual comments). I am not so sure that this concern is justified.

For one thing, the situation in Pakistan is not as bad as you might imagine for many LGBT people. The New York Times reported on this issue last year:

Homosexual acts remain illegal in Pakistan, based on laws constructed by the British during colonial rule. No civil rights legislation exists to protect gays and lesbians from discrimination.

But the reality is far more complex, more akin to “don’t ask don’t tell” than a state-sponsored witch hunt. For a long time, the state’s willful blindness has provided space enough for gays and lesbians. They socialize, organize, date and even live together as couples, though discreetly….

[W]hile the notion of homosexuality may be taboo, homosocial, and even homosexual, behavior is common enough. Pakistani society is sharply segregated on gender lines, with taboos about extramarital sex that make it almost harder to conduct a secret heterosexual romance than a homosexual one.

Now that the marriage of Rehana Kausar and Sobia Kamar is so public, they do not have the option of being discrete. Other same-sex couples might not be so visible, and therefore would be less likely to qualify for asylum (many LGBT cases have been denied by the UK because the asylum seekers cannot demonstrate visibility or cannot submit sufficient proof to demonstrate that they are gay).

Also, most same-sex couples will probably not face death threats. And if they do face threats, the threats will most likely come from family members. To win asylum under those circumstances, they would need to show that the government is unable and unwilling to protect them and that they cannot safely relocate within the country.

Finally, while this couple was the first Muslim lesbian couple to wed in the UK, there is nothing new about LGBT people seeking asylum. I have represented many such people in the U.S. and, with one exception (from Fiji), they all received asylum. If the floodgates were going to open for LGBT asylum seekers, it would have happened a long time ago. This most recent case is (unfortunately) just one of many where an LGBT individual will be harmed if she returns to her country.

While the case of Rehana Kausar and Sobia Kamar is significant because it is a “first,” I don’t see how it is significant in terms of developing the law for LGBT asylum seekers. Given what I know of the situation in Pakistan, my guess is that this couple faces a significant threat of harm or death. I hope the UK will see fit to grant their application for protection.

You Can’t Go Home Again (Thanks to the Tsarnaev Brothers)

As the Senate inches forward on immigration reform, the bombing in Boston looms large. In a recent amendment, Senators agreed that asylum seekers will automatically lose their status if they return to their home country. According to the Washington Post:

Senators unanimously approved an amendment by Sen. Lindsey O. Graham (R-S.C.) that would terminate the asylum or refugee status of anyone who returns to his or her home country. Graham introduced the amendment after investigators discovered that Boston bombings suspect Tamerlan Tsarnaev had traveled last year to Russia and Dagestan after his family sought and was granted asylum from Dagestan in 2002.

The Tsarnaev's also liked Justin Bieber. Therefore, under the new Senate bill, all immigrant Beliebers will be deported.
The Tsarnaev’s also liked Justin Bieber. Therefore, under the new Senate bill, all immigrant Beliebers will be deported.

I am sure, dear reader, that you will not be surprised to learn that I oppose this amendment. I oppose it because it is redundant, impractical, harmful to many innocent asylum seekers, and unlikely to accomplish its purported goal. Let’s take each objection in turn:

First, under the current law, if an asylee (or a lawful permanent resident who obtained his status based on asylum) returns to the country of feared persecution, he can lose his immigration status. The law as it exists now allows for some flexibility, and there is a procedure for terminating the alien’s asylum status. Given that an alien who returns to his home country will likely lose his asylum status, the Senate amendment seems redundant.

Second, the amendment is, at best, impractical. How will we know whether an alien has returned to her home country? Refugees are currently able to travel abroad using a Refugee Travel Document, which is similar to a passport. Let’s say a refugee wants to visit her home country. She can go to a neighboring country using the Refugee Travel Document, and then enter her home country with her passport. Or–better yet from her point of view–she can enter her home country without inspection (i.e., illegally). In either case, it is unlikely that the U.S. government would ever learn about the trip home.

And what about the scenario where a legitimate refugee travels abroad for a legitimate reason. He does not go to his home country, but his government lies and reports that he traveled home (the Russian government reported–truthfully–that Tamerlan Tsarnaev traveled to Dagestan). Perhaps the home government wants to harm the refugee, who the government views as a political opponent. Reports from unfriendly governments are potentially untrustworthy, so how can we rely on them?

Third, many innocent asylees have legitimate reasons to travel home: To help a sick relative, to engage in political or journalistic activities, to take care of property. Also, some people can travel home for a short trip and remain under the radar for their brief time in the home country. Just because a person is willing to take a risk and return home does not necessarily mean that she does not have a well-founded fear of persecution.

Finally, it’s hard for me to believe that this amendment would do anything to make us safer. Given how hard it is to determine whether an asylee traveled to his home country, and given the many legitimate reasons for such a journey, it seems very doubtful that the amendment will do anything to stop the next Tsarnaev-brothers type attack.

It seems to me that this amendment is an example of the Senate fighting the last war, and not fighting it very well. There are better ways to search for terrorists and extremists within the asylum seeker ranks. But I will leave that discussion for a future post.

American Lawyer Assists Australian Asylum Seekers

Michael “Dan” Mori is a former Marine Corp attorney who gained fame defending Guantanamo Bay detainee David Hicks, an Australian national captured by the Americans in Afghanistan.  With Mr. Mori’s help, Mr. Hicks accepted a favorable Alfred plea (basically meaning that he did not admit guilt, but agreed that there was enough evidence to convict him). He was sentenced to seven years in prison for supporting terrorists, a charge that he denies. All but nine months of the sentence were suspended. Mr. Hicks served most of his nine months in Australia and was released. The plea came after five years at Gitmo, under less than pleasant circumstances. The case gained quite a bit of attention, as it was the first conviction by a U.S. war crimes tribunal since World War II.

After the Hick’s case, Mr. Mori’s career in the Marines apparently stalled. He alleged (in a lawsuit) that the military retaliated against him for his work on Mr. Hick’s case. He eventually was promoted, but retired soon thereafter and moved to Australia. There, he started work at the plaintiff law firm Shine as a Social Justice Consultant.

It seems that Mr. Mori’s latest project is to help asylum seekers detained by the Australian government on the island of Nauru.

Come on, Mori, admit it - You took the Nauru gig for the beaches!
Come on, Mori, admit it – You took the Nauru gig for the beaches!

Nauru is a small island republic in a remote part of the Pacific Ocean. The country became wealthy in the 1960s and 70s by exploiting mineral resources, but when those ran out, the economy went bust. In 2001, Nauru entered into an agreement with Australia to house refugees seeking admission to Australia. In exchange, Australia provides Nauru with financial assistance and technical aid.

The refugee detention center on Nauru has been controversial, and it has closed and re-opened several times. The latest incarnation of the detention center  opened last year in August and holds about 400 men. After a visit to Nauru, Amnesty International described the camp as “a human rights catastrophe … a toxic mix of uncertainty, unlawful detention and inhumane conditions.”  

In September 2012, there was an alleged riot at the camp and property was destroyed. The government charged 10 detainees with rioting and destruction of property. The case of the “Nauru 10” is currently pending, and this is where Mr. Mori comes into the picture.

Mr. Mori and other defense lawyers filed a habeas corpus petition in Nauru, claiming that the detainees are being unlawfully held. The defense team convinced a Nauru court to adjourn the criminal charges until the habeas issue is resolved, and that issue remains pending.

“Whether or not you agree with the process… you have to agree that people being detained should have access to legal help,” said Mr. Mori, who compared the situation in Nauru with Guantanamo Bay. “You have to push the politics aside and remember, if someone’s detained they need access to the law.”

There is a lot at stake for Nauru, which has become dependent on the Australian aid, and for the asylum seekers, whose fate rests in the hands of the Nauru court system. I hope that Mr. Mori and the other lawyers can bring a measure of justice to this obscure corner of the globe.

In Defense of Muslim Asylum Seekers

Since the Boston bombing, we’ve heard much talk about restricting access to asylum (and immigration) for Muslims. Opponents of reform have wondered aloud how the Tsarnaev brothers entered the U.S. and why their father received asylum in the first place (the brothers obtained derivative asylum based on their father’s application). One commentator called for a halt to student visas for Muslims; another for an end to all Muslim immigration.

As Ben Franklin said, "Hang together or get hanged alone."
As Ben Franklin said, “We must all hang together or assuredly, we shall all hang separately.”

The common belief among such people is that Muslims coming to America pose a threat. And even if only a small percentage of Muslims actually present a threat, we’re better off excluding all Muslims, just to be on the safe side.

Of course I disagree with this viewpoint. In my practice, I have represented many Muslim asylum seekers–from countries such as Afghanistan, Iraq, Iran, Egypt, Somalia, and Syria. These are people who have devoted their lives–and often risked their lives–to promote democracy, women’s rights, and human rights. Many have served shoulder-to-shoulder with soldiers from the U.S. military in places like Afghanistan and Iraq. It’s not uncommon for my clients to have letters of recommendation from members of the military, including high-ranking officers like Generals McChrystal and Petraeus. Indeed, I suspect that my Muslim clients have risked and sacrificed far more in the defense of liberty and in support of the U.S. than the commentators who routinely disparage them.

To illustrate the point, here is a sampling of a few of my recent cases involving Muslim asylum seekers (I have changed the names to protect my clients’ confidentiality):

Daoud is an Afghan man who worked as an interpreter for a private contractor. He served directly with soldiers from the United States military in Afghanistan and was several times in combat situations. His main job was to provide interpretation between the U.S. military and local people. He also provided cultural training to the soldiers. In a counterinsurgency operation, gaining the trust of local people is crucial for identifying and eliminating insurgents. Daoud’s role in his unit’s missions was indispensable. Along with Daoud’s application for asylum, we included letters attesting to his service from many members of the United States military. The letters came from soldiers who served with Daoud and from a two star general familiar with his work. We are currently waiting for a decision in his asylum case.

Fatima is a woman’s rights activist who founded an NGO to educate girls in Afghanistan. The NGO received support from USAID and other international donors, and expanded its work into many Afghan provinces. The Taliban learned of Fatima’s activities and repeatedly threatened her. At some point, the threats became too much, and she decided it was unsafe for her to return to Afghanistan. Her asylum application is pending.

Brahim is an Egyptian activist for gay rights and women’s rights. After the Egyptian revolution, he faced increasing harassment from government officials. He was attacked on several occasions and the police refused to help (once, they actually detained him, even though he was the victim of an assault). With the ascendance of the Muslim Brotherhood, he felt unable to remain safely in Egypt. His application for asylum has received preliminary approval.

Abdul is a journalist and peace activist from Iran. He is also related to an important Iranian opposition leader who lives in exile. Abdul assisted that leader by providing on-the-scene reporting from Tehran during the Green Revolution. After he went to study abroad, the Iranian authorities arrested Abdul’s girlfriend and threatened to arrest him. Rather than return to Iran, Abdul filed for political asylum. His application was granted earlier this year.

These cases are typical of the Muslim asylum seekers that I have represented. They—and thousands like them—have fought and sacrificed and bled in the war against Islamic extremism.

In the aftermath of the Boston attack, perpetrated by two brothers who received asylum in the United States, I understand the desire to examine security procedures for asylum seekers. When you extend a helping hand and then get bit, it’s only natural to hesitate before helping again. But as we think about changing the asylum system in response to the terrorist attack, we should keep in mind people like my clients and the many Muslims who have demonstrated their fealty to us in our fight against extremism.

We should not allow the evil deed of the Tsarnaev brothers to cause us to retreat from our humanitarian obligations, which would compromise our principles, or to weaken our commitment to our Muslim allies, who are crucial in our battle against Islamic terrorists. When making changes to our asylum system, we should be guided by our highest ideals, not by the dark vision of the Tsarnaev brothers.

Would the Last Eritrean to Flee the Country Please Turn Out the Lights

There’s an old joke from the Soviet era where Leonid Brezhnev is talking to his deputy. Brezhnev says, “If we lift the Iron Curtain and allow our people to leave the U.S.S.R., the only ones who will be left here are you and me.” The deputy responds, “Speak for yourself.”

Repressive regimes often prevent their people from leaving. If the doors were open, everybody would go. The classic example of this in today’s world is North Korea. The state is a vicious dictatorship run by a spoiled child. Few people are able to escape from North Korea, and those who do usually end up in China, which is not exactly a paragon of human rights.

Official portrait of the Eritrean National Soccer Team.
Official portrait of the Eritrean National Soccer Team.

If there were a contest for most repressive regime after North Korea, Eritrea would certainly be in the running. The country is a single party state that allows no dissent and has no independent media (it is actually rated worse than North Korea in terms of press freedom–how is that even possible?!). There is a “national service” program that is akin to slavery and members of “unregistered” religions are severely persecuted and killed. On the other hand, they have nice weather this time of year.

Eritreans are not permitted to leave the country without permission, which is often impossible to obtain. But given conditions in Eritrea, and the fact that the country has a long–and difficult to police–land border, many Eritreans flee the country and seek asylum abroad.  Most Eritrean asylum seekers end up in neighboring countries: In 2008, for example, over 8,000 Eritreans sought asylum in Ethiopia and about 13,000 registered as refugees in Sudan. According to the United Nations, in 2011, about 11,900 Eritreans sought asylum in the industrialized world (basically North America, Europe, and Israel), and Eritrea has consistently ranked in the top dozen source countries for asylum-seekers. 

As you might expect, there have been high profile defections. Last year, two Eritrean pilots stole a government jet, flew to Saudi Arabia, and asked for asylum. Last month, a female Eritrean pilot sent to Saudi Arabia to retrieve the stolen jet also defected and has asked the Saudis for asylum. To me, the fact that a woman pilot would request asylum in Saudi Arabia–a country where women are not allowed to drive cars, let alone fly airplanes–speaks volumes about the desperation of these people.

Eritrean soccer players have also defected in droves. In 2006, four players defected in Kenya. The next year, 12 players requested asylum while in Tanzania. Also in 2007, another six players sought asylum in Angola and three more defected and requested asylum in Sudan. After that, the Eritrean government required soccer players traveling abroad to post a bond before leaving the country. Despite this precaution, 12 players defected in Kenya after a tournament in 2009. And last December, the entire team (along with their doctor) disappeared in Uganda. They requested asylum from Kampala. Given this record, its not too surprising that the team has never qualified for the World Cup or the  African Nations Cup.

In my practice, I have represented many asylum seekers from Eritrea. They fear indefinite conscription, and religious or political persecution. My clients have been physically beaten, detained in metal shipping containers, and treated as slaves. Their family members have disappeared or been killed. Indeed, the situation is so bad that the United Nations actually created special guidelines for assessing Eritrean asylum claims.

While the civilized governments of the world should be working to change the regime in Eritrea (and other countries that abuse human rights), we should continue to offer asylum to people who flee such places.