Trump May Be Gone, but the U.S. Asylum System Is Still Broken

This article is by Basileus Zeno, a Syrian asylum seeker and the Karl Loewenstein Fellow and Visiting Lecturer in Political Science at Amherst College.

In 2011, when the Arab Spring swept across the Middle East, my wife, Katty, and I didn’t hesitate to heed the call for freedom and dignity in Syria. We protested, published essays, documented human rights violations and participated in leadership meetings with other political activists. Looking back, we were lucky: We landed in the United States in mid-2012, just before the Syrian government launched a vicious crackdown that left most of our closest friends either in prison or fleeing for their lives. Devastated, and realizing we could not safely return to Damascus, I applied for asylum.

Then, for eight years, I waited. (more…)

Whither the Syrian Christian Refugees?

As the Syrian city of Aleppo falls under government control, the question of Syrian refugees has become even more urgent. Forces loyal to the government are summarily murdering civilians, and even the wounded cannot be evacuated due to government (and Russian) military action. Despite heartbreaking “goodbye messages” from civilians trapped in the conflict zone, I have little expectation that the world will do much to help. We have ignored genocides again and again, so why should we expect anything different here?

Which is easier to explain: The absence of Christian refugees, or the absence of Christian charity?

Accepting Syrian refugees into the United States has also been controversial. Donald Trump called them “a great Trojan Horse.” I suppose the same could be said of the Jews fleeing Hitler on the ship St. Louis, which reached our shores but was refused permission to land. I am sure many of those men, women, and children were secret Bolsheviks plotting a Communist takeover. Lucky for us, they were rejected and returned to Europe, where over 250 of them perished in the Holocaust.

One gripe raised by those opposing the admission of Syrian refugees is that the refugees are disproportionately Muslim. In a recent concurring opinion, Judge Manion of the U.S. Court of Appeals for the Seventh Circuit, notes the mysterious absence of Christians from the pool of Syrian refugees arriving in the United States. See Heartland Alliance National Immigrant Justice Center v. DHS, 16-1840 (7th 2016). J. Manion writes:

I write separately for a… critical reason, which is [to express] my concern about the apparent lack of Syrian Christians as a part of immigrants from that country…. It is well-documented that refugees to the United States are not representative of that war-torn area of the world. Perhaps 10 percent of the population of Syria is Christian, and yet less than one-half of one percent of Syrian refugees admitted to the United States this year are Christian…. [Of] the nearly 11,000 refugees admitted by mid-September, only 56 were Christian. To date, there has not been a good explanation for this perplexing discrepancy.

Judge Manion’s observation is supported by a recent report from the Pew Research Center, which found that in FY 2016:

[R]efugee status was given to 12,587 Syrians. Nearly all of them (99%) were Muslim and less than 1% were Christian. As a point of comparison, Pew Research Center estimated Syria’s religious composition to be 93% Muslim and 5% Christian in 2010.

The most accurate data I have found about Syrian refugees essentially lines up with the findings of Judge Manion and Pew: Of 12,541 Syrian refugees admitted into the U.S. in FY 2016, between 0.5 and 1% self-identified as Christian. It is a bit less clear how many Christians lived in Syria prior to the current war. Estimates range from 5.1% (Pew) to 10% (CIA). But no matter how you slice it, it’s clear that the Syrian refugees entering the U.S. are not representative of the country’s population–fewer Christians than expected are coming to our country as refugees. So what’s going on here?

First, here is the conclusion that I don’t accept–the one pushed by people opposed to Muslim immigration–that the Obama Administration is deliberately favoring Muslims over non-Muslims. I don’t support this conclusion because, while a disproportionate majority of Syrian refugees are Muslim, the majority of refugees overall (from all countries), are not Muslim. In FY 2016, we admitted 38,901 Muslim refugees and 37,521 Christian refugees (out of a total of 84,995 refugees). In other words, in FY 2016, about 46% of refugees admitted to the U.S. were Muslim; 44% were Christian. (This was the first year of the Obama Administration where more Muslims than Christians were admitted as refugees).

A more plausible explanation for the absence of Syrian Christians was proposed by Jonathan Witt, an Evangelical writer and activist, and an Obama critic. Basically, he believes that Muslims are more likely than Christians to end up in refugee camps, and since refugees are generally selected for resettlement from the camps, Christians are disproportionately left out. This part sounds logical, but (to me at least) Mr. Witt takes his argument a bit too far:

As bad off as the Muslim refugees are, they aren’t without politically well-connected advocates in the Middle East. Many Muslim powerbrokers are happy to see Europe and America seeded with Muslim immigrants, and would surely condemn any U.S. action that appeared to prefer Christian over Muslim refugees, even if the effort were completely justified. By and large, they support Muslim immigration to the West and have little interest in seeing Christian refugees filling up any spaces that might have been filled by Muslim refugees.

The deck, in other words, is heavily stacked against the Christian refugees. The White House has been utterly feckless before the Muslim power structure in the Middle East that is doing the stacking, and has tried to sell that fecklessness to the American people as a bold stand for a religion-blind treatment of potential refugees —religion tests are un-American! It’s a smokescreen.

Here, he’s lost me. This conspiracy-minded nonsense might be more convincing if there were some evidence for it (and remember, FY 2016 was the first year of the Obama Administration where we resettled more Muslim than Christian refugees). The prosaic arguments may be less interesting, but they have the vitue of being more likely.

I have a few of my own theories as well. For one thing–and maybe this ties in with the first part of Mr. Witt’s thesis–Syrian Christians were somewhat better off than Syrian Muslims. If they have more resources, maybe they were able to avoid the refugee camps by leaving in a more orderly way and by finding (and paying for) alternative housing. Also, Syrian Christians are generally not being targeted by the Assad regime. Indeed, in view of the threats they face from extremists, Syrian Christians are more likely to support the government–not because they have much affection for Bashar Assad, but because the alternative is even worse.

So there very well may be a reasonable explanation for the lack of Christians among Syrian refugees resettling in the U.S. But because the Administration has not explained the anomaly, we are (as usual) left with an information void. And that void is being filled by speculation from fringe writers like Mr. Witt, but also by federal court judges, like Judge Manion. The solution should be obvious: Those involved in the refugee resettlement effort should tell us what’s going on. This would help satisfy many critics and it will help protect the refugee program going forward.

Climate Change and the End of Refugee Resettlement

Some observers believe that one of the root causes for the war in Syria is climate change. Starting in the first decade of the current century, drought and warmer temperatures in Syria pushed about 1.5 million people to move from their farms into cities. This more volatile atmosphere helped lead to war.

Aquapalypse Now: Rising sea levels may create millions of new refugees
Aquapalypse Now: Rising sea levels may create millions of new refugees

So one effect of climate change may be to increase competition for scarce resources. Increased competition = more wars = more refugees.

Another source of climate refugees is rising sea levels. As the water rises, certain areas and certain countries might become uninhabitable. People will have to be relocated. Many will be able to move within their own countries, but others will be forced to leave their homelands.

The potential for mass movements of people across national borders is very real, and some experts predict that the new flow of climate refugees will dwarf anything we’ve seen thus far. That’s a scary thought, and for those of us involved in refugee resettlement, it represents an existential challenge: If tens or hundreds of millions of people are on the move, how do we accommodate them?

And what about the current international legal regime? By definition, a refugee is a person who cannot return to his country owing to persecution or a well-founded fear of persecution on account of race, religion, nationality, political opinion or particular social group. Many people fleeing Syria can meet this definition (some of our cases, for example, are shoe-horned in by presenting the claim as one based on imputed political opinion—even if they are not politically active, the Syrian government believes they are political opponents and that is enough for a grant). However, people who flee because their homes are flooded or because their crops have failed are not “refugees” as that term has been defined in international and U.S. domestic law. They are not being “persecuted” by anyone, except perhaps Mother Nature, but I don’t think that counts. So what do we do with them?

As we’ve seen with the exodus from the Middle East to Europe and, on a smaller scale, from Central America to the U.S., the mass movement of people creates many challenges—social, economic, political, and moral. There is also great resistance by many segments of the community to accepting large numbers of foreigners. If that is the case, what will become of the new climate refugees? Will they be confined to UN-supported camps in the countries of first arrival? Will they remain in such places indefinitely? What is the end game for people who can never return home? How will the world order be affected by millions of stateless refugees, who live without hope and who may become a destabilizing influence on the host countries?

Of course, I have no answers to any of these questions. Given the state of the problem today (over 59 million forcibly displaced persons worldwide, including about 19 million refugees) and the number of people who are annually resettled (about 626,000 were recognized as refugees or received some form of protection), I am not optimistic that we will accommodate millions more refugees in some dystopian (but probably not distant) future. One thing is true, if we see much larger numbers refugees in the world, we will have to deal with them in some way.

One solution is to close our doors and try to keep the problem as far away from home as possible. This is essentially the path favored by several main-steam restrictionists groups. Indeed, the Center for Immigration Studies (“CIS”) and the Federation for American Immigration Reform (“FAIR”) both originated from concerns about immigration and the environment. The leading founder of these groups, John Tanton, viewed the mass movement of people as a threat to the environment, and favored restricting immigration as a way to protect the environment. It also happens that he was a bit of a white supremacist, but I suppose that is not particularly relevant to the environmental argument.

As you might guess, I am not a fan of the environmental argument (or the white supremacist argument, for that matter). People who move from poor countries to rich ones probably use more resources in their new homes than if they’d stayed put, but they also have a better quality of life and they generally enrich the societies they move into (in 2014, for example, immigrants made up 12.9% of the U.S. population, but started 28.5% of new businesses). I am not sure how to balance this with the environmental impact, but when you add in the fact that many people are fleeing persecution or environmental disaster, the balance for me tips in favor of protecting people by allowing more migration.

That said, I’m also not convinced that the U.S. and Western Europe can or should absorb millions of new refugees. There is a limit to how many people we can resettle and still maintain our social cohesion. I am not sure what that limit is, though it seems clear that we can do more than we are doing now. But the West cannot do it alone–if we see mass migrations due to climate change, the task of assisting and resettling people will need to be distributed across the globe.

As a father and an uncle (and a person who is generally rooting for the human race), I hope that the world’s leaders will make genuine efforts to curb global warming. As someone concerned about refugees and migration, I hope that we will respond to climate refugees with compassion. Climate change is a great challenge to mankind. I hope that we can meet that challenge and retain our humanity.

In Defense of Muslim Refugees

Since the vicious attack last week by Muslim extremists in Paris, attention in the U.S. has focused on our country’s refugee policy and President Obama’s decision earlier this year to admit an additional 10,000 Syrian refugees (above the normal refugee ceiling of 70,000). More than half of the nation’s governors have indicated that Syria refugees are unwelcome in their states. Paul Ryan, the new Speaker of the House, is pushing legislation to hinder the admission of Syrian and Iraqi refugees. And most Republican presidential candidates have expressed their opposition to resettling Syrian or Muslim refugees in our country. Senator Ted Cruz has called the plan “absolute lunacy.”

When we say "no" to a refugee, what does it say about us?
When we say “no” to a refugee, what does it say about us?

As an immigration attorney who specializes in political asylum, I represent clients whose lives have been profoundly disrupted by war and terrorism, who have been threatened or harmed by extremists, and who have lost loved ones to terrorist attacks. Many of my clients come from Muslim countries, such as Syria, Iraq, Afghanistan, and Egypt. 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. Indeed, I suspect that many of my Muslim clients have risked and sacrificed far more in the defense of liberty and in support of U.S. policy than the American commentators who routinely disparage them.

In the face of barbarism from ISIS and other extremists, we as Americans should not abandon our friends or shrink from our humanitarian commitments. As the leader of the Free World, we must lead not only with the sword. We must also lead by demonstrating our values, and by showing the world that we do not abandon those values in difficult times.

During the refugee crisis that followed World War II, the U.S. committed itself to assisting displaced persons. Since then, we’ve absorbed—and been enriched by—tens of thousands of refugees from Western Europe, the Soviet Union, Indochina, Africa, the Middle East, and the Americas. We are, to a great extent, defined by our generosity towards the dispossessed: “Give me your tired, your poor, your huddled masses yearning to breathe free.”

Allowing ourselves to be intimidated into compromising these humanitarian values would be a victory for the terrorists. It would mean that we gave in to our fears. Great nations are not bullied by ignorant thugs. We already have strong safeguards in place to identify potential terrorists and criminals, and prevent them from coming to our country. Indeed, our asylum and refugee programs are probably more secure than any other aspect of our immigration system.

Also, many of the Muslims who have sought sanctuary in the U.S. are people who worked with the United States military or government, or who worked for international NGOs and companies in concert with our efforts (however imperfect) at nation-building. Such people risked their lives and trusted us. To abandon them would send a message that America does not stand by its friends. This is a message that we cannot afford to send. If we are not trustworthy, no one will cooperate with us going forward.

Finally, allowing terrorists to drive a wedge between our country and moderate Muslims would make the world more dangerous. There will be fewer bridges, not more. We need to keep strengthening ties between the West and the Muslim World. The terrorists want to cut those ties; we cannot let them.

In the aftermath of the Paris attack and the claim by ISIS that it will send infiltrators to the West disguised as asylum seekers, the desire to re-examine security procedures is understandable. But as we evaluate our humanitarian policies, 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 deeds in France 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. Many people in the Muslim World want change. We saw that in the Arab Spring. We need to align ourselves with such people and give them our support. We need to stay engaged with the world and not retreat. When considering Muslim refugees and asylum seekers, we should be guided by our highest ideals, not by the dark vision of our enemies.

More Syrian Refugees = More Asylum Seeker Delays?

The U.S. government recently announced that we will be raising the refugee cap and accepting thousands of additional refugees from Syria. We’re hearing the usual angry voices decrying the “invaders” and the “jihadists,” but that is not what I want to discuss today (I’ve already written about Muslim refugees here). Instead, I want to cover two topics: First, I want to discuss the process of how refugees get selected and screened to come to the U.S., and second, I want to discuss whether the additional resources necessary to process these new refugee cases will impact people seeking asylum in the United States.

For refugees, waiting is a way of life.
For refugees, waiting is a way of life.

So how does the U.S. government decide who gets resettled in our country? What is done to prevent terrorists and criminals (not to mention phony refugees who are simply economic migrants) from taking advantage of our generosity?

First, the U.S. Refugee Admissions Program (“USRAP”) is an interagency effort led by three government agencies: the U.S. State Department, the Department of Homeland Security, and the Department of Health and Human Services, Office of Refugee Resettlement. The process also involves the United Nations High Commissioner for Refugees (“UNHCR”), the International Organization for Migration, and a number of nongovernmental organizations that assist during various stages of the process.

A refugee case begins either through a referral or a direct application. Most cases (about 75%) are referred by UNHCR. Another 25% of cases come through direct applications under various programs. For example, there are programs for U.S.-affiliated Iraqis and for religious minorities from Iran and the former Soviet Union. There is also a program for certain Cubans. The newest program is for Central American minors who have a lawfully-present parent in the United States. In addition, a few cases are referred to the program by U.S. embassies and certain NGOs.

Each applicant must complete a series of mandatory steps before she can be resettled in the U.S. These include an in-person DHS interview, a security background check, and a medical exam. The process is labor-intensive and generally takes 18 to 24 months from referral to arrival in the United States. It’s not cheap either. Last year, the USRAP cost the U.S. government over $1.1 billion.

After the refugee is selected, she must be interviewed. The interviews are conducted by DHS officers, and take place at more than 70 locations worldwide. Before the interviews, the applicants are assisted by different NGOs, such as the International Rescue Committee and the International Organization for Migration, which collect biographic and other information that is forwarded to DHS for adjudication.

Next, all refugees undergo multiple security checks before they can be approved for resettlement in the United States. Refugees are subject to the highest level of security checks of any category of traveler to the U.S. The screenings are conducted by several agencies, including the National Counterterrorism Center, the FBI’s Terrorist Screening Center, DHS, and the Department of Defense. Details of the security checks are classified, and so we do not know a whole lot about the process.

Finally, refugees undergo a health screening, TB testing, and three days of cultural orientation (where, presumably, they learn about McDonald’s, Taylor Swift, and hot pockets).

Travel to the U.S. is arranged by the International Organization for Migration. The U.S. government pays IOM for the cost of air travel, but before departing for the United States, refugees sign a promissory note agreeing to repay the cost of their travel (whether they actually repay the loan, I have no idea).

Nine domestic agencies in about 180 communities throughout the United States work to resettle the refugees. Every week, representatives from the agencies review biographic and other information to determine where to resettle each refugee. The agencies welcome refugees at the airport and begin the process of helping them settle into their new communities. The agencies also provide reception and placement services in the first 30 to 90 days after arrival. This includes finding safe and affordable housing and providing services to promote self-sufficiency and cultural adjustment. The Office of Refugee Resettlement continues to offer support to the refugees for up to five years after arrival.

So that’s the basic process that each refugee—including the additional Syrian refugees—will go through to get to the United States. It is not a fast process because of the vetting, but it is designed to minimize the risk of terrorists and criminals infiltrating the resettlement system.

One concern for asylum seekers is whether increasing the number of people admitted under the refugee program will impact the asylum system.

The asylum office is funded by USCIS customer fees. If you have ever applied for an immigration benefit, you know that filing fees can be expensive. A small portion of the fee covers the cost of operating our asylum system. So if resources are shifted around to resettle additional refugees, the asylum offices should not be affected. They have a different, independent source of funding. That’s the good news.

The possible bad news is this: All the new refugees must undergo security background checks. This process is quite opaque, and therefore we know little about it. Whether the resources used for refugee background checks will impact the background checks for asylum seekers, we don’t know. It seems that refugees and asylum seekers are subject to many of the same security checks. If so, additional background checks for refugees might further slow the background check process for asylum seekers.

Thus, while the additional refugees probably will not slow down the asylum interview schedule, they might cause more delay for asylum seekers’ background checks. Whether and how much of an impact there might be, we will know soon enough.

Syria of Blessed Memory

The Greek philosopher Heraclitus tells us that you can never step into the same river twice. We often find ourselves returning to places we visited long ago, though of course those places have changed and so have we. At least that’s how it is for me with Syria.

A dashing young traveler visits the Old City of Damascus.
A dashing young traveler visits the Old City of Damascus.

I visited Syria with two friends way back in April 1990, when I was a student at Hebrew University in Jerusalem. We left Israel during our Passover break, making the reverse commute, as it were, to Egypt, where we got new passports without Israel stamps (people with Israel stamps were not admitted to Syria–and they could be arrested). We then crossed Sinai and the Red Sea, spent some time in Jordan (where we further rid ourselves of evidence that we’d been living in Israel), and finally took a bus to Syria.

In those days, Syria was ruled by Hafez Asad, father of the current dictator. His Droopy-Dog image adorned buildings, money, walls, and calendars. This was eight years after Asad put down an uprising in Hama, killing thousands in the process. Syria in 1990 was repressive, but it was safe for tourists and very welcoming. I don’t remember what I expected before I went, but as a young Jewish student visiting Israel’s number one enemy and finding human beings–friendly ones at that–I found myself changed forever. I’m reminded of a line from Christmas in the Trenches, a song about World War I: “The walls they kept between us to exact the work of war / Have been crumbled and are gone for ever more.”

Aside from the friendly reception, Syria was a wonderful place to visit: the Old City of Damascus, the 1300-year-old Umayyid Mosque, the Citadel and covered souk in Allepo, the Crack de Chevalier (a medieval castle), the Roman ruins of Palmyra. Over the years, I had many occasions to think about my trip to Syria, and how it affected me. However, despite the repressive nature of the regime, I never had any Syrian clients.

That changed after the Revolution began in 2011. I started receiving cases from Syria, and I started thinking about the country in a new way.  

Since then, some of my most tragic cases have come from Syria. Many of my clients have lost family members–siblings, parents or children. Others were detained and tortured during the early days of the Revolution (now, it seems, the regime no longer releases detained opponents–it kills them). Many have had their homes destroyed, their property looted, and their businesses seized. All have had their lives profoundly disrupted.

On one level, it is difficult to square the destruction and the terrible stories from Syria with my memories of the place. I was there during peace time, and I’ve come to view my time in the Middle East in 1990—and especially my trip to Syria—as a dividing line in my life. For me, it marks the transition from childhood to adulthood.

Maybe because my trip to Syria came at a significant time in my life, the difficulties of my Syrian clients has affected me more deeply. Or maybe it is because I became a father–with all the new emotions that entails–not long before the Revolution began. Or maybe it’s simply that the stories from Syria are so heartbreaking. I suppose the “why” doesn’t much matter. For anyone who deals with Syrians–even one so far removed as me–it is impossible not to be moved by the human tragedy that we are witnessing. And for those of us who have visited Syria, the loss is somehow more vivid.

It’s Passover again, and once again my family and I are celebrating the holiday of freedom. This year, I am remembering my trip to Syria a quarter century ago. I am also thinking of my clients, and the millions of others, who have been harmed by the current war. It seems impossible that the war will ever end, but one day it will. Until then, I hope we will continue to protect refugees from Syria. As we are reminded each Passover:

When strangers sojourn with you in your land, you shall not do them wrong. The strangers who sojourn with you shall be to you as the natives among you, and you shall love them as yourself; for you were strangers in the land of Egypt.

Chag Sameach. Happy Passover.

Egyptian Coast Guard Fires on, Kills Syrian Refugees

One of the benefits–if that is the right word–of working on asylum cases is that you get to learn about a side of the world that is hidden. Countries that persecute people usually don’t like to publicize what they do. Most times, the knowledge really isn’t all that news worthy. It’s interesting and sad, but we’re all busy, and there’s only so much time in the day to worry about these things. But a client recently sent me this story, and I wanted to pass it on. It reflects one small piece of the Syrian refugee crisis.

Syrian refugees on the boat. The woman killed by the Egyptian Coast Guard is visible at the bottom right.
Syrian refugees on the boat. The woman killed by the Egyptian Coast Guard is visible at the bottom right.

My client is a Syrian asylum seekers (currently stuck in limbo along with most asylum seekers in the U.S.). He has contacts with the Syrian Free Army and has been involved in the humanitarian effort to help his people (the UN estimate that the war has created 1.5 million refugees and 4 million IDPs).

Apparently, some Syrian refugees in Egypt were trying to escape Egypt and reach Sweden. The first leg of their journey involved a boat trip to Italy. While they were still in Egyptian waters, the Egyptian Coast Guard chased them, fired on their boat with live ammunition, and then captured the refugees. Two people were killed by the gunfire. As of today, the refugees–men, women, and children–remain detained in Egypt in difficult conditions. My client was able to talk with one of the detained refugees by cell phone. Below are some excerpts from the conversation (translated from Arabic and edited by me for clarity).

The trip began last Tuesday, September 17, at 8:00 AM. We started from the shores of Alexandria, Egypt towards Italy. We hoped to reach Sweden to apply for political asylum. When the boat left, we were in extremely hard conditions and the boat itself was in very bad shape and very old. The boat was carrying almost 200 persons, including 30 children as young as four months old. There were also about 50 women; some of them are pregnant. The rest were men aged 20 to over 50.

After sailing for almost an hour, we were surprised that the Egyptian Coast Guard was tracking us. They began shooting live ammunition towards us, even though they could hear the screams of women and children and all the people on-board, and we waved our hands at them hoping they would stop shooting. They did not respond to our desperate cries and they kept shooting at us until our boat stopped. Then some Coast Guard members jumped onto our boat and threatened everyone with their guns. They did not even try to help the wounded among us.

The daughter of Fadwa Taha mourns her dead mother.
The daughter of Fadwa Taha mourns her dead mother.

When the situation calmed down for a moment, we discovered that there were two dead people, killed by the shooting. They are Omar Dalloul, a man in his late thirties, and Fadwa Taha, a woman in her fifties. There were also two people wounded–a 15-year-old boy and a young man who is 20 years old.

After that, the boat was towed to Aboukir Harbor in Alexandria (which is a military harbor), the coast guard did not allow any humanitarian agencies or media to document the incident. They pressured us to leave the boat. We tried our best not to leave the boat before having any organization present like the Red Cross or other humanitarian organization. We stood on the boat for four hours and tried to contact anyone to help us, but it was no use. Finally, the Egyptians promised that we would go to the police station for an hour to sign some paperwork and then be released.  But when we arrived at the police station, they took our passports and we have not been allowed to leave.

Immediately after we left the boat, we were detained in the port for 15 hours in the open. The children and women slept on the floor without any blankets. Finally, at around 2:00 AM on Wednesday, our group was divided up and we were transferred to two police station in Alexandria: Almountazah 2 Police Department and Aboukir Police Point.

Syrian men and boys detained at the Egyptian police station.
Syrian men and boys detained at the Egyptian police station.

The situation is very bad in prison. The part of the prison where we are does not have water or bathrooms because it is still under construction. Every day, construction workers and painters come and work here and the kids are suffering from the smell of paint. Also, there is a swamp nearby and so we are suffering from mosquitoes and flies.

We have babies who need nursing and the police won’t let them out of the prison. We have a boy who is here alone without his parents. When his family came to take him, the police didn’t agree. They said that he is charged and he needs to stay in prison. He is nine years old.

No media have covered our story, but we think some charity knows we are here because we are receiving food. We are not sure who is providing it, but it is not from the prison.

As far as I know, the refugees are still detained in Alexandria. Of course, I cannot verify this story, but it comes from a source I trust.

Egypt has signed the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol. We can only hope that despite the turmoil in their own country, the Egyptians will live up to their obligations and treat these and other refugees with respect.

Fox News Goes After Syrian Asylee – By Any Means Necessary

On Fox News, the ends always seem to justify the means. It’s acceptable to smear a perceived political opponent based on the most tenuous of evidence. For this reason, even when Fox News raises a legitimate concern, it’s hard to separate truth from half-truth (which reminds me of the old Yiddish proverb: “A halber emes iz a gantse lign” or “A half-truth is a whole lie”). So I am not exactly sure what to make of Fox’s latest campaign to “expose” Syrian asylee Daoud Chehazeh.

According to Fox News:

Daoud Chehazeh is a known associate of the 9/11 hijackers.  The government has spent more than half a million dollars trying to deport him, but has had no success.

Like a Swedish gymnast, Fox News is both fair and balanced.
Like a Swedish gymnast, Fox News is both fair and balanced.

Another (of many) reports by Fox News states:

With nearly 400,000 people waiting for U.S. citizenship, Daoud Chehazeh last November received political asylum for a third time after a series of bureaucratic screw ups at the federal level….

It’s a slap in the face to Americans, especially the victims of 9/11 and the families,” said Jim Bush, who as a New Jersey state criminal investigator was part of the 9/11 investigation code-named PENTTBOMB. His partner in the investigation was Bob Bukowski, a now-retired FBI special agent.

“Three thousand people were murdered,” Bukowski said. “(Chehazeh) was definitely part of that conspiracy…. He facilitated the moves and protection up to the whole flight, basically, of Flight 77. Could we prove that in a court of law? No. But there are other remedies. Deport him. That’s what should have been done in this case.”

Before I get to Mr. Chehazeh’s case, I want to break down some of the Fox commentary. First, it’s true that “Daoud Chehazeh is a known associate of the 9/11 hijackers.” According to a published federal court decision, he met two of the hijackers at a mosque in Northern Virginia. After the September 11th attack, Mr. Chehazeh contacted the FBI and reported whatever information he had on the two men. So to claim that he was a known associate of the hijackers, without mentioning that he went to the FBI to report what he knew about the men, is kind of like calling Woodward and Bernstein “known associates” of Richard Nixon because they reported the Watergate cover-up. At best, it’s a half-truth.

Second, Fox News claims that the “government has spent more than half a million dollars trying to deport” Mr. Chehazeh. How they could possibly know the amount that the U.S. government spent on Mr. Chehazeh’s case is beyond me. Unless they actually know how many hours each government employee worked on the case, it seems impossible that they could know the amount. Here, I suspect that Fox News just guesstimated (which is a polite way of saying that they made it up).

Next, Fox News says that “With nearly 400,000 people waiting for U.S. citizenship, Daoud Chehazeh last November received political asylum for a third time….” I am not sure who these 400,000 people are, or how Fox arrived at this figure. I also am not sure what they have to do with anyone’s asylum case. I do know that Mr. Chehazeh did not receive asylum “for a third time.” He received asylum once (in 2002). The government appealed and later filed a motion to reopen, but he was only ever granted asylum one time.

Finally, the retired FBI agent Bob Bukowski says that Mr. Chehazeh was “definitely part of [the 9/11] conspiracy…. Could we prove that in a court of law? No.” It seems to me, if Mr. Chehazeh was “definitely” part of the conspiracy, Mr. Bukowski could prove it in a court of law. In fact, claiming that someone was “definitely” responsible for murdering nearly 3,000 people when there is little or no evidence to support such a claim, would likely form a strong basis for a libel lawsuit.

Despite the problems in Fox’s reporting, Mr. Chehazeh’s case raises some serous issues.

For one thing, the IJ’s behavior during the case was–to say the least–unusual. According to the government’s brief (as set forth in the Third Circuit’s decision):

[The IJ’s] behavior in this matter… included… ordering the Service… to personally travel to Respondent’s place of detention to assist him in preparing his I-589 [application for asylum and withholding of removal]. When the Service declined, the [I]mmigration Judge advised that she would assume Respondent had a meritorious claim and grant him asylum. Ultimately, the Immigration Judge personally reviewed and completed Respondent’s I-589. At the time of the individual hearing prior to obtaining any testimony from Respondent, the Immigration Judge advised that she was ready to render a decision

The IJ’s actions are strange, and might very well have been reversed on appeal, but the government attorney failed (forgot?) to file a brief, and so the government’s appeal was dismissed.

Another odd aspect of the IJ’s decision is that she found an exception to the one-year filing requirement based on changed circumstances, to wit: the fact that Mr. Chehazeh had recently spoken to the FBI. However, she granted asylum based on Mr. Chehazeh’s particular social group–“hopeless debtors.” It’s questionable whether this is a cognizable social group. Also, if the IJ found an exception to the one year-rule based on Mr. Chehazeh’s cooperation with the FBI, she should have granted asylum on a related ground (such as imputed political opinion since anti-American extremists might view Mr. Chehazeh as pro-American). Instead, the IJ granted asylum on a totally different basis: The fact that Mr. Chehazeh owed a substantial debt to someone in Syria. Since he owed this debt at the time he arrived in the U.S., more than one year before filing for asylum, it is unclear why he would qualify for an exception to the one-year rule.

Despite the difficulties with the case, it appears that the matter is now settled, and–unless new evidence is unearthed–Mr. Chehazeh will be able to remain in the United States as an asylee.

So in the end, Fox News has a point: There are real problems with Mr. Chehazeh’s case, both procedurally and substantively. However, since Fox’s coverage of the case is so distorted and inaccurate, it leaves more questions than answers.

Jewish Hatemonger and Her Lies About Syrian TPS

Conservative blogger Debbie Schlussel has made a name for herself fighting “radical Islam,” which to her is synonymous with any form of Islam.  For instance, in response to Osama bin Laden’s death, she wrote “One down, 1.8 billion to go… many of ’em inside U.S. borders.”  Regarding the teenagers murdered in last year’s massacre in Norway, she writes:

Now these kids’ families know what it feels like to be victims of the Islamic terrorists whose Judenrein boycotts and terrorist flotillas against Israel they support.

Passover reminds us not to rejoice in the downfall of our enemies, even the really annoying ones.

She refers to the victims, who were as young as 14 years old, as “hateful, privileged brats.”  Their crime according to Ms. Schlussel–some of them expressed support for Palestinian rights and boycotting Israel.

You would think that mocking murder victims and calling for genocide against Muslim men, women, and children would put Ms. Schlussel outside the boundaries of civilized conversation.  Her work might be appropriate for a neo-Nazi website like Stormfront (though I imagine they won’t have her since she purports to be Jewish), but not for the main stream media.  Unfortunately, Ms. Schlussel appears regularly in the New York Post and the Jerusalem Post, as well as other media outlets.

The thing about her is that not only is she hateful, but she is a liar.  When the facts don’t support her miserable view of the world, she makes up facts to help fuel her hate (and her readers’ hate).  This is certainly the case with TPS for Syrians.  She writes:

Barack Obama and Janet Napolitano just gave thousands of Syrian Muslims–all of them either sympathizers with Hezbollah or the Muslim Brotherhood–permission to stay in the United States forever.

The Syrians in our midst–many of them here illegally–will now be untouchable by ICE (which isn’t arresting illegal aliens, anyway) for at least 18 months on the books.  But, as we know, in each case in which the U.S. has granted TPS for 18 months, the aliens got to stay forever.

And to add insult to injury:  these people, as with the Libyans and others who were granted TPS by Obama, will be able to work without restrictions in the U.S.–taking jobs from U.S. citizens.

Of course the first lie is that Syrians in America sympathize with Islamic terrorist groups.  There is no evidence what-so-ever to support this claim.  Indeed, the Syrians I have met in the U.S. oppose Islamic extremism and oppose the Assad regime (one of my clients–a medical doctor–was arrested and held in a torture prison on account of his opposition to the regime).

A second lie is that the Syrians, “as with the Libyans and others who were granted TPS,” will stay in the U.S. forever.  First of all, Ms. Schlussel is wrong (or more likely just made up a “fact” to suit her argument)–Libyans were never granted TPS in the United States.  Second, there is no reason to believe Syrians will stay here “forever.”  While TPS has been extended repeatedly for certain countries (mostly in Central America), that has not been the case for other countries, like Liberia, and–according to the Center for Immigration Studies (a restrictionist organization)–TPS for Sudan is winding down.

A third lie (and I simply don’t have time to address them all) is that Syrians in the U.S. are “untouchable by ICE (which isn’t arresting illegal aliens, anyway).”  In general, people with criminal convictions are not eligible for TPS.  Further, if a person with TPS commits a crime or if there is reason to believe that he is a security threat, he can–and probably will–be arrested.  Finally, contrary to Ms. Schlusser’s claim that we are not arresting illegal aliens, DHS has deported record numbers of aliens during each year of the Obama administration.

It’s too bad that Ms. Schlussel’s lies are able to distort the public dialogue on this important issue.  It’s also too bad that a person who claims to be the “granddaughter of immigrant Holocaust survivors” would perpetrate the same type of hatred and lies that led to the Holocaust.  I expect better from my fellow Jews.