Laughing at Death

Last week, two new clients hired me. Each told me a story that ranks among the worst I’ve heard since I’ve been practicing asylum law.

Having a positive attitude is half the battle.
Having a positive attitude is half the battle.

The first was an Iraqi grandmother. Her son worked for an international NGO and the family had received threats because of the son’s work. One day, armed militiamen pulled the son from his car, and shot him to death in front of my client, her daughter-in-law (the son’s wife), and the son’s infant child. Later, the militia bombed my client’s house and killed her elderly mother. Years before, my client lost her husband, when he was killed in a bombing raid during the Iran-Iraq War. My client’s relative/translator explained, “This is Iraq.”

The second client was from Afghanistan, and his story was not directly related to his current asylum claim. He told me that 20 years ago, he was going to a party at his relatives’ house. For some reason, he was delayed, and before he arrived, the house was hit by a missile. He reached the scene moments later, and witnessed horrific carnage (I will spare you the details he told me). Suffice it to say, he saw many relatives and friends dead and dying. At the time, he was a teenager, and what he saw sent him into shock. He was physically unable to offer assistance, and he had to be carried back to his home. Relating the story many years later, he told me how the scene was still perfectly clear in his memory.

One thing that both clients have in common is that they laughed nervously and smiled while telling me their stories.

It seems to me that laughing and smiling in response to these stories is a very human reaction. Perhaps the normal emotions–anger, grief, shock–are simply inadequate to the task of recalling and relating such events. Or maybe my clients’ embarrassed smiles are almost an apology for having to talk about such terrible stories. There probably is no appropriate affect for telling personal stories of senseless violence and life-changing horror, and so maybe the default demeanor is a shy smile or a nervous laugh.

Of course, as an immigration lawyer, I am concerned that an “inappropriate” smile or laugh might create the impression that my clients are not credible. Although they have often reacted this way during our practice sessions, my clients seldom laugh or smile during actual trials or asylum interviews. And even if a client did show an “inappropriate” emotion, I suspect that most decision makers would see the reaction for what it was, and I doubt credibility would be negatively impacted.

I also sometimes wonder about how these stories affect the people that hear them. One study I found about secondary trauma in asylum lawyers found that lawyers were at some risk of secondary trauma, and the risk increased with the amount of time the lawyers worked on asylum cases. Another study, which originally appeared in the Georgetown Immigration Law Journal (where I once served as a Senior Notes and Comments Editor), found that Immigration Judges suffered from secondary trauma and “more burnout than has been reported by groups like prison wardens or physicians in busy hospitals.”

I’ve always been a bit skeptical that people in my line of work (or me specifically) suffer from secondary trauma. The difficulty for me comes not from hearing the clients’ stories (which can be upsetting), but rather from overwork. Too many clients expect too much, too quickly. Maybe hearing terrible stories and working with people who have experience real trauma has an effect on us, but it is very hard–for me at least–to see this effect.

But of course, like my clients who laugh when they tell me their stories, I have my own ways of coping with stress. In my first job out of college, I helped find work for recently resettled refugees. Everywhere I went, I asked about employment opportunities. Finally, I decided that I could not continue that way. There was a time for work, and a time for not working. If you can’t separate the two, you ultimately won’t be successful at either. Although it is more difficult now, with my own business, I still try to keep that separation. With that said, I’m off to the pub to do some more coping. Cheers.

Security Concerns Should Not Derail the Iraqi Refugee Program – Here’s Why

In the wake of revelations that two Iraqi refugees turned out to be former insurgents, the U.S. government is re-checking more than 58,000 Iraqi refugees against newly available data bases.  The Los Angeles Times reports:

The investigation was given added urgency after U.S. intelligence agencies warned that Al Qaeda leaders in Iraq and Yemen had tried to target the U.S. refugee stream, or exploit other immigration loopholes, in an attempt to infiltrate the country with operatives.

Would you believe we have to re-check all 58,000 Iraqi refugees?

The Times article continues:

So far, immigration authorities have given the FBI about 300 names of Iraqi refugees for further investigation.  The FBI won’t say whether any have been arrested or pose a potential threat.  The individuals may have only tenuous links to known or suspected terrorists.  The names were identified when authorities rechecked phone numbers, email addresses, fingerprints, iris scans and other data in immigration files of Iraqis given asylum since the war began in 2003.  They checked the data against military, law enforcement and intelligence databases that were not available or were not utilized during the initial screening process, or were not searched using sufficient Arabic spelling and name variations.

It addition to the Iraqis, authorities have re-screened a smaller number of refugees from Yemen, Somalia and other countries where terrorist groups are active.

Of course, this begs the question: Why are we admitting refugees from these countries in the first place?  Some commentators, including Mark Krikorian from the Center for Immigration Studies, argue that we should reduce or completely stop resettling refugees from Iraq.  It’s a fair point, but let me give my reasons why I believe we should continue to bring such refugees to our country.

First, I think there is an important foreign policy benefit that accrues to us by demonstrating our loyalty to people who risked their lives to help our cause.  It certainly would not serve our interest to be known as a country that uses people and then abandons them.  A few months ago, Esquire magazine did an article about one of my clients who captured or killed dozens of terrorists in Iraq.  Now, despite our best efforts (and an approved immigration petition), he and his family are stuck in Iraq, where they face a very real possibility of being killed.  Such stories do not inspire others to stick their necks out for us.

Second, I think we have a moral obligation to assist people who face danger on account of our actions.  The right thing to do is to take responsibility for our actions, and to correct problems we helped to create.  As the leader of the free world, we need to set an example and do the right thing.

Third, millions of foreigners come to the U.S. every year (for example, in 2009, according to DHS, over 160 million foreigners came to the U.S. for one reason or another).  If a terrorist or a criminal wants to come to the United States, entering as a refugee is probably one of the least effective ways to get here.  The security screenings and other hurdles to entry are more difficult for a refugee than for almost any other category of entrant.  If we close the door to refugees because we fear they might harm us, we should close the door to all other non-citizens (and the billions of dollars they contribute to our economy).   Such an isolationist path seems impractical and undesirable.

Finally, to give up on our humanitarian ideals because we fear terrorism seems to me a response unworthy of our nation.  Sometimes, compromise is necessary.  And sometimes, discretion is the better part of valor.  However, to give up on our refugee program because we fear terrorism would be a victory for the terrorists.  

We certainly need to be vigilant, and we need to do a better job of screening refugees.  We also need to re-check anyone who might be a security risk.  But we should not end our assistance to refugees because we fear terrorism.  We should not let the terrorists win.  

Senator Paul Seeks Hearing on Refugees Accused in Terror Plot

Last week, two Iraqi men were arrested in Kentucky and charged with (among other things) “conspiring to kill U.S. nationals abroad, conspiring to use explosives against U.S. nationals abroad, distributing information on the manufacture and use of IEDs, attempting to provide material support to terrorists and to al-Qaida in Iraq, and conspiring to transfer, possess and export Stinger missiles.”  According to the criminal complaints (available here and here), both men entered the United States as refugees in 2009, and have been living here ever since. 

Most refugees are not all that scary.

Given the obvious breach of security, Senator Rand Paul of Kentucky has called for hearings to determine “how the heck” these alleged terrorists got into our country.  Senator Paul also asked, “How do you get asylum when you come from a friendly government?”  The Center for Immigration Studies echoes this sentiment:

The bigger question is why are we taking refugees from Iraq at all? Resettlement to the United States should be used only as the absolute last resort for people who will surely be killed if they stay where they are and who have nowhere else — nowhere whatsoever — to go.

CIS complains that as conditions in Iraq have improved, the number of Iraqi refugees coming to the U.S. has ballooned–from 200 in the early years of our “Mesopotamian adventure” (as CIS calls it) to 18,000/year in recent years.

As to the first point, I agree that refugees coming to the U.S. pose a security challenge.  It’s possible to search a person’s criminal background in the United States and in most developed countries.  But refugees rarely come from developed countries.  DHS supposedly has ways to check a person’s background against certain databases, but again, it is not clear how these databases are created or how accurate they are.  Of course, we face these same challenges for anyone coming to the United States.  The question is, what do we do about it?

Some commentators, like Mark Krikorian at CIS, believe we should simply stop admitting refugees from Iraq (and possibly from everywhere else as well).   I suppose that would close the door to terrorists who might take advantage of our generous refugee program, but it seems like throwing out the baby with the bath water.  The fact is, there are very few examples of refugees who have committed (or been accused) of terrorism.  The idea that we should forsake all refugees (and our humanitarian obligations/ideals) because of a few bad actors is a short-sighted and cowardly response to the problem.  As a nation, we are a world leader in many areas, including the humanitarian area.  We have greatly benefited from our leadership role, and from the many refugees, asylees, and immigrants who have made our country their new home.  We should not give up our leadership or the benefits that accrue to us because we fear terrorism.  We should not let the terrorists win.

I also want to briefly address Senator Paul’s second point–that people should not receive asylum when they come from a country with a “friendly government,” like Iraq.  The law of asylum states that a person may receive asylum if he has a well-founded fear of persecution in his country.  Whether that country is friend or foe is not relevant to the law.  The law also states that a person may receive asylum if he fears persecution by a non-governmental actor, and the government is unable or unwilling to protect him.  Sometimes, governments friendly to us persecute their citizens (for example, we had a good relationship with General Pinochet, but he killed thousands of his people).  Other times, friendly governments are unable to protect their citizens, as is the case for many people fleeing the Taliban in Afghanistan or insurgents in Iraq.  Since asylum is a humanitarian relief, it should not be contingent on political alliances.  If a person meets the standards for relief, that should be enough.  

All that said, Senate hearings on security and refugees is a worthy topic.  In examining security, I hope Senator Paul keeps in mind the humanitarian nature of the refugee program, the benefits that program brings us, and the ideals that the program represents. 

Can the Mandaeans Be Saved?

Followers of the Mandaean religion have lived in Iraq for well over 1,000 years.  However, since the U.S. invasion in 2003, Mandaeans have faced all sorts of persecution from their fellow Iraqis, including murder, kidnapping, rape, confiscation of property and forced conversion.  Their numbers have dropped from about 60,000 in the 1990’s to less than 5,000 today.  The Mandaeans have fled to Kurdistan, Jordan, Syria, the United States, and other countries. 

A Mandaean Baptism Ceremony.

While the Iraqi Mandaeans are able to resettle in other countries, the concern is that they will be disbursed throughout the world and their religion will die out. 

The end of the Mandaean religion would be a great loss.  From a New York Times article on the Mandaeans (re-posted on Red Ice Creations):

The Mandeans are the only surviving Gnostics from antiquity, cousins of the people who produced the Nag Hammadi writings like the Gospel of Thomas, a work that sheds invaluable light on the many ways in which Jesus was perceived in the early Christian period. The Mandeans have their own language (Mandaic, a form of Aramaic close to the dialect of the Babylonian Talmud), an impressive body of literature, and a treasury of cultural and religious traditions amassed over two millennia of living in the southern marshes of present-day Iraq and Iran.

Practitioners of a religion at least as old as Christianity, the Mandeans have witnessed the rise of Islam; the Mongol invasion; the arrival of Europeans, who mistakenly identified them as “Christians of St. John,” because of their veneration of John the Baptist; and, most recently, the oppressive regime of Saddam Hussein, who drained the marshes after the first gulf war, an ecological catastrophe equivalent to destroying the Everglades. They have withstood everything — until now.

The Mandaean religion is pacifistic, and followers are not allowed to carry weapons, even for self defense.  Until the 2003 war, most of the world’s Mandaeans lived in Iraq.  Now the insular community has been divided into small groups and resettled as refugees.  Such groups are too small to create sustainable communities, and the fear is that the dispersion is the beginning of the end for the Mandaeans.

In the U.S., one of the largest refugee populations of Mandaeans is in Boston, which is home to about 450 individuals.  Mandaean activists hope to resettle enough refugees there to create a sustainable community.  According to the Boston Globe, nations don’t take in refugees from just a single ethnic or religious group, and the receiving countries face capacity issues.

In this instance, the UN and the receiving countries should make a greater effort to resettle the Mandaeans in larger number in order to create sustainable communities.  If not, this ancient religion could vanish forever.