{"id":1118,"date":"2006-03-05T20:00:00","date_gmt":"2006-03-05T20:00:00","guid":{"rendered":"http:\/\/multiracial.com\/wp\/index.php\/2006\/03\/05\/coalition-letter-to-senate-re-asylum-reform\/"},"modified":"2016-12-13T07:51:47","modified_gmt":"2016-12-13T07:51:47","slug":"coalition-letter-to-senate-re-asylum-reform","status":"publish","type":"post","link":"https:\/\/multiracial.com\/index.php\/2006\/03\/05\/coalition-letter-to-senate-re-asylum-reform\/","title":{"rendered":"Coalition Letter to Senate re: Asylum Reform"},"content":{"rendered":"
\n

Sign-On Letter to Senate Opposing Provisions in Chairman’s Mark That Would Harm Asylum Seekers<\/h1>\n

Cite as "AILA InfoNet Doc. No. 06031670 (posted Mar. 16, 2006)" <\/p>\n

\n

March 6, 2006<\/p>\n

Dear Senator, <\/p>\n

We, the undersigned 84 organizations and 117 individuals are writing to urge you to oppose provisions in the "Comprehensive Immigration Reform Act of 2006" which the Senate Judiciary is debating this week that would harm various vulnerable populations, including asylum-seekers, children, trafficking victims, and others seeking protection in the United States. No matter what your position is on a temporary guest worker program or border enforcement, we can and should all agree that the United States must uphold its legal commitment and moral obligation to provide refuge to those fleeing persecution or abuse in their home countries. As written, provisions included in Titles II and VII would further harm these already at risk individuals. For example, the bill would:<\/p>\n

Limit Access to the Federal Courts<\/strong><\/p>\n

    \n
  • Sections 701 and 707<\/strong> would prevent many refugees from getting mistaken asylum denials corrected by the federal courts, leading them to be deported back into the hands of their persecutors. By shifting jurisdiction over all new petitions for review of removal orders and appeals of district court orders in habeas cases to the U.S. Court of Appeals for the Federal Circuit, with only a minimal increase in staffing, section 701 would overburden a court with no exposure to immigration cases and lead to hasty and flawed decision-making. The provision would limit physical access to the courts and increase the difficulty and expense of securing counsel, preventing many vulnerable non-citizens from seeking federal court review. These changes would fall particularly hard on detained populations, including women, children and families, many of whom already go unrepresented at the administrative level.\n<\/li>\n
  • Section 706<\/strong> requires an applicant for withholding of removal to prove that her race, religion, nationality, membership in a particular social group, or political opinion was or would be "one central reason" for her persecution. When this provision was added to the asylum statute by the REAL ID Act, many organizations and advocates expressed concern that it would make it harder for legitimate refugees to get protection and increasing their chances of being returned to persecution. This same concern applies in the context of withholding of removal. <\/li>\n<\/ul>\n

    Criminalize Asylum Seekers, Trafficking Victims, and Other Vulnerable Populations<\/strong><\/p>\n

      \n
    • Section 206<\/strong> makes it a crime to be knowingly out of status. This would criminalize refugees who fall out of status while preparing their asylum applications, trafficking victims who remain in the U.S. against their will, battered women whose abuser controls their immigration status and children who do not understand their immigration status.\n<\/li>\n
    • Section 203 <\/strong>strips DHS and DOJ of discretion to grant a waiver to refugees and asylees who have been convicted of an aggravated felony but show compelling reasons why they should be allowed to adjust their status to permanent resident.\n<\/li>\n
    • Sections 208, 209 and 221<\/strong> would subject vulnerable individuals who use fraudulent passports or documents to enter the United States to imprisonment for up to 15 years, thereby barring them from relief. Since the bill does not provide for an exception for refugees, children, or other vulnerable groups, this means that an asylum seeker, for example, who was unable to obtain a passport from the government that was persecuting him and fled to the United States on a borrowed document could be barred from asylum and withholding of removal.\n<\/li>\n
    • Section 205<\/strong> expands the scope of the activities considered "alien-smuggling" such that it could be illegal for individuals or organizations to assist an undocumented immigrant, subject to a very limited exception for religious organizations that provide room and board to undocumented immigrants serving as missionaries. <\/li>\n<\/ul>\n

      Provide for Prolonged or Indefinite Detention of Asylum Seekers and Others<\/strong><\/p>\n

        \n
      • Section 202<\/strong> allows for the prolonged detention of asylum seekers and others whose cases are on appeal to the federal courts, and the indefinite detention of immigrants who have been given final orders of removal but cannot be removed. Indigent immigrants who are unable to obtain adequate representation in their removal proceedings are at particular risk for such treatment. <\/li>\n<\/ul>\n

        We recognize and support the need to reform our nation's immigration laws. However, this can and should be accomplished in a thoughtful and deliberate manner that does not harm refugees, battered women, and other vulnerable populations. <\/p>\n

        Many of the undersigned organizations and individuals will also be writing to you separately to discuss these and other issues of concern with this bill. Thank you for your consideration. <\/p>\n

        Respectfully,<\/p>\n

        Organizations<\/strong>
        Advocates for Survivors of Torture and Trauma
        American-Arab Anti-Discrimination Committee<\/p>\n

        American Friends Service Committee<\/p>\n

        American Immigration Lawyers Association <\/p>\n

        American Jewish Committee<\/p>\n

        Amnesty International – USA<\/p>\n

        Asian American Legal Defense and Education Fund (AALDEF)<\/p>\n

        American Civil Liberties Union (ACLU)<\/p>\n

        Break the Chain Campaign<\/p>\n

        Brewster Center Domestic Violence Services, Inc
        Boat People SOS
        Capital Area Immigrants' Rights Coalition
        Catholic Daughters of the Americas, Corning NY<\/p>\n

        Center for Battered Women's Legal Services
        Sanctuary for Families<\/p>\n

        Center for Gender & Refugee Studies,
        University of California,
        Hastings College of the Law<\/p>\n

        Center for National Security Studies<\/p>\n

        Center for Victims of Torture<\/p>\n

        Center for Women Policy Studies<\/p>\n

        Christian Legal Society<\/p>\n

        Church Women United<\/p>\n

        Church Women United of Chemung County (NY) <\/p>\n

        Church Women United of NYS<\/p>\n

        Church World Service Immigration and Refugee Program<\/p>\n

        Cornell University Law School
        Asylum\/CAT Appeals Clinic<\/p>\n

        The Door – A Center of Alternatives, Inc.
        Empire Justice Center<\/p>\n

        Episcopal Migration Ministries<\/p>\n

        Ethiopian Community Development Council, Inc.<\/p>\n

        Fairfax County Privacy Council<\/p>\n

        Florida Immigrant Advocacy Center<\/p>\n

        Georgia Coalition Against Domestic Violence<\/p>\n

        Heartland Alliance for Human Needs & Human Rights<\/p>\n

        Hispanic Development Corporation, Newark<\/p>\n

        Human Rights First<\/p>\n

        Human Rights Watch<\/p>\n

        Immigrant Law Center of Minnesota<\/p>\n

        Immigrant Legal Advocacy Project<\/p>\n

        Immigration Equality<\/p>\n

        Institute for the Study of Psychosocial Trauma, Palo Alto, CA<\/p>\n

        Interfaith Refugee Action Team Elizabeth (IRATE)<\/p>\n

        International Institute of the East Bay<\/p>\n

        International Rescue Committee<\/p>\n

        Iowa Coalition Against Domestic Violence<\/p>\n

        Jesuit Refugee Service – USA<\/p>\n

        Jubilee Campaign USA<\/p>\n

        Kurdish Human Rights Watch, Inc.<\/p>\n

        Ladies of Charity of Chemung County (NY) <\/p>\n

        Lawyers' Committee for Civil Rights – San Francisco<\/p>\n

        Legal Momentum<\/p>\n

        Legal Services for Children – San Francisco<\/p>\n

        Lutheran Immigration and Refugee Service<\/p>\n

        Maine Civil Liberties Union<\/p>\n

        Midwest Immigrant & Human Rights Center<\/p>\n

        Migrant and Refugee Cultural Support, Inc (MIRECS)<\/p>\n

        Minnesota Advocates for Human Rights<\/p>\n

        Morning Star House Inc. <\/p>\n

        The Multiracial Activist<\/p>\n

        Na Loio- Immigrant Rights and Public Interest Legal Center<\/p>\n

        National Immigration Forum<\/p>\n

        Network Against Human Trafficking<\/p>\n

        Northwest Immigrant Rights Project<\/p>\n

        Past Regents' Club, Diocese of Rochester (NY)<\/p>\n

        Pax Christi Maine<\/p>\n

        Pax Christi, Upstate NY<\/p>\n

        Peace Action Maine<\/p>\n

        Pennsylvania Immigration Resource Center<\/p>\n

        Physicians for Human Rights<\/p>\n

        Political Asylum Project of Austin<\/p>\n

        Prison Legal News<\/p>\n

        Rocky Mountain Survivors Center<\/p>\n

        Social Justice Commission of Sacred Heart – St. Dominic Church
        Portland, ME<\/p>\n

        Safe Horizon<\/p>\n

        Safehouse Progressive Alliance for Nonviolence<\/p>\n

        Tahirih Justice Center<\/p>\n

        Unitarian Universalist Service Committee<\/p>\n

        University of Connecticut School of Law
        Asylum and Human Rights Clinic<\/p>\n

        U.S. Committee for Refugees and Immigrants<\/p>\n

        Vermont Refugee Assistance<\/p>\n

        Washington Defender Association's – Immigration Project<\/p>\n

        Washington Lawyers' Committee for Civil Rights and Urban Affairs Immigrant and Refugee Rights Project<\/p>\n

        Women Empowered Against Violence, Inc. (WEAVE)<\/p>\n

        Women's Commission for Refugee Women and Children<\/p>\n

        Women's Law Project<\/p>\n

        World Relief<\/p>\n

        Individuals *<\/strong>
        Kerry Abrams
        Associate Professor of Law
        University of Virginia School of Law<\/p>\n

        Muneer I. Ahmad
        Associate Professor of Law
        American University Washington College of Law<\/p>\n

        Deborah Anker
        Clinical Professor of Law, Harvard Law School
        Director, Harvard Immigration and Refugee Clinic<\/p>\n

        Lisa E. Bagley
        Shearman & Sterling LLP<\/p>\n

        Theresa E. Barrett
        LIRS Ambassador<\/p>\n

        Jennifer Barton
        Portland Organizing to Win Economic Rights<\/p>\n

        Jon Bauer
        Clinical Professor of Law and Director,
        Asylum and Human Rights Clinic
        University of Connecticut School of Law<\/p>\n

        Monique Beadle, Refugee Project Director
        World Organization for Human Rights USA<\/p>\n

        Eva M. Berbegal<\/p>\n

        Jacqueline Bhabha
        Executive Director
        University Committee on Human Rights Studies
        Harvard University<\/p>\n

        Lisa Block
        Safety Network Community Organizer, Southern District<\/p>\n

        Linda Bosniak
        Professor, Rutgers University School of Law<\/p>\n

        Prof. Richard A. Boswell
        Univ. of California, Hastings College of the Law<\/p>\n

        Susan Bowyer, Managing Attorney
        International Institute of the East Bay
        Oakland, CA<\/p>\n

        Mary Brittingham
        Associate Professor of Clinical Law
        George Washington University Law Center<\/p>\n

        Elizabeth M. Bruch
        Associate Professor of Law
        Valparaiso University School of Law<\/p>\n

        Susan Bryant
        CUNY School of Law<\/p>\n

        Michelle Caldera
        William R. Davis Clinical Teaching Fellow
        UConn Law School
        Asylum & Human Rights Clinic<\/p>\n

        Simone Campbell-Scott<\/p>\n

        Janet M. Calvo
        Professor of Law CUNY School of Law<\/p>\n

        Stacy Caplow
        Professor of Law and Director of Clinical Education
        Brooklyn Law School<\/p>\n

        Herb Castillo, Executive Director
        International Institute of the East Bay
        Oakland, CA<\/p>\n

        Jennifer M. Chacon
        Acting Professor
        U.C. Davis School of Law<\/p>\n

        Michael J. Churgin
        Raybourne Thompson Centennial Professor
        University of Texas School of Law<\/p>\n

        Amanda Coleman
        Ph.D. Candidate, Cultural Anthropology
        New School for Social Research<\/p>\n

        Sue Colussy<\/p>\n

        Rev. Barb Dinnen
        Las Americas Comunidad de Fe\/Trinity United Methodist Church<\/p>\n

        Catherine J. Douglass<\/p>\n

        Troy E. Elder
        Clinical Assistant Professor of Law
        Carlos A. Costa Immigration and Human Rights Clinic
        FIU College of Law<\/p>\n

        Thomas Esparza, Jr.<\/p>\n

        James P. Eyster
        Assistant Clinical Professor of Law
        Ave Maria Law School<\/p>\n

        Christine Feagan<\/p>\n

        Todd D. Fernow
        Prof of Law
        Univ. of CT School of Law<\/p>\n

        Niels W. Frenzen
        Clinical Associate Professor
        University of Southern California
        Gould School of Law<\/p>\n

        Maryellen Fullerton
        Professor of Law
        Brooklyn Law School<\/p>\n

        Paula Galowitz
        Clinical Professor of Law
        New York University School of Law<\/p>\n

        Dr. Frances Geteles, psychologist<\/p>\n

        Pamela Goldberg
        Consultant<\/p>\n

        Anne Goldstein
        Assistant Clinical Professor of Law
        University of Connecticut School of Law<\/p>\n

        Catherine Griebel<\/p>\n

        Mrs. Talat Hamdani
        Mother of:
        Mohammad Salam Hamdani
        NYPD CADET, WTC II<\/p>\n

        Kim Harrison<\/p>\n

        Michael G. Heyman
        Professor,
        The John Marshall Law School<\/p>\n

        Dina Francesca Haynes
        Visiting Associate Professor of Law
        University of Nevada at Las Vegas <\/p>\n

        Barbara Hines
        Clinical Professor of Law
        Immigration Clinic
        University of Texas School of Law<\/p>\n

        Matthew I. Hirsch
        Adjunct Professor
        Widener University School of Law<\/p>\n

        Susan C. Hopkins, Esq.
        Carly Hutchinson
        Lauren Huston
        Kate Jastram
        Lecturer in Residence
        Boalt Hall School of Law
        University of California<\/p>\n

        Harvey Kaplan (attorney)<\/p>\n

        Allen S. Keller, M.D.
        Director, Bellevue\/NYU Program for Survivors of Torture<\/p>\n

        Nancy Kelly
        Clinical Supervisor, Harvard Immigration and Refugee Clinic<\/p>\n

        Anne Kemper<\/p>\n

        Jillian N. Kong-Sivert, Attorney at Law
        Becker, Hadeed, Kellog & Berry, P.C
        Hilary Kopple<\/p>\n

        Lewis Kurlantzick
        Professor of Law
        University of Connecticut School of Law<\/p>\n

        Margaret Lamb<\/p>\n

        Narita Maraj<\/p>\n

        Hugh Macgill
        Oliver Ellsworth Research Professor
        Director, Int'l Graduate Studies
        University of Connecticut School of Law<\/p>\n

        M. Isabel Medina
        Ferris Family Professor of Law
        Loyola University New Orleans
        School of Law<\/p>\n

        Kathleen A. Moccio
        Director, Pro Bono Development
        American Immigration Lawyers Association<\/p>\n

        Prof. Nancy Morawetz
        Professor of Clinical Law
        New York University School of Law<\/p>\n

        Thomas Morawetz
        Tapping Reeve Professor of Law and Ethics
        University of Connecticut School of Law<\/p>\n

        Riikka E. Morrill
        Accredited Rep\/Paralegal
        Immigrant Legal Advocacy Project<\/p>\n

        Prof. Karen Musalo
        Univ. of California, Hastings College of the Law<\/p>\n

        Jonathan Robert Nelson, Esq.,
        New York, New York<\/p>\n

        Alizabeth Newman
        Director Immigrant Initiatives
        CUNY School of Lawv
        Barbara A. Niess, MPA, MSW
        SafeHouse Center<\/p>\n

        Michael A. Olivas
        University of Houston Law Center
        Melanie Orhant, Esq.
        Anti-Human Trafficking Consultant
        Carson Osberg
        Maureen O'Sullivan (attorney)
        Catherine Paplin<\/p>\n

        Roy Petty
        Law Offices of Roy Petty<\/p>\n

        Rev. Antoinette Pezet<\/p>\n

        Michele Pistone
        Professor and Director, Clinical Program & CARES Clinic Villanova University School of Law<\/p>\n

        Dianne Post<\/p>\n

        Kathi Pugh
        Pro Bono Program Counsel
        Morrison & Foerster
        Jaya Ramji-Nogales
        Anne Rapkin
        Nancy Lynn Robertson
        Staff Attorney\/Public Policy Coordinator
        Iowa Coalition Against Domestic Violence
        Susan Roche, Esq.
        Immigrant Legal Advocacy Project<\/p>\n

        Cristina Rodriguez
        Assistant Professor of Law
        NYU School of Law<\/p>\n

        Ted Ruthizer
        Lecturer in Law at Columbia Law School<\/p>\n

        Lauren Sachs<\/p>\n

        David Saphire
        Ragini Shah
        Clinical Staff Attorney
        Child Advocacy and Immigration Clinic
        Columbia University Law School
        Andrew I. Schoenholtz
        Georgetown University Law Center<\/p>\n

        Philip G. Schrag
        Professor of Law
        Georgetown University<\/p>\n

        Barbara Schwartz
        Clinical Professor
        University of Iowa College of Law<\/p>\n

        Anita Sinha, Advocacy Director
        International Institute of the East Bay
        Oakland, CA<\/p>\n

        Deborah S. Smith
        Reynolds, Motl and Sherwood, PLLP
        (Adjunct Professor, The University of Montana School of Law) <\/p>\n

        Charles Song and Sunny Lee
        Santa Monica, Ca<\/p>\n

        Nancy Spencer<\/p>\n

        James H. Stark
        Professor of Law and Director of the Mediation Clinic
        University of Connecticut School of Law
        Kurt A. Strasser
        Phillip I. Blumberg Professor
        University of Connecticut Law School
        Carlina Tapia-Ruano
        President-Elect AILA
        Minsky, McCormick & Hallagan, PC, Principal<\/p>\n

        Margaret Taylor
        Professor of Law
        Wake Forest University School of Law<\/p>\n

        Rev. Linda Theophilus,
        Emmanuel Lutheran Church of Eastmont<\/p>\n

        David B. Thronson
        Associate Professor of Law
        Co-Director, Immigration Clinic
        Boyd School of Law at UNLV <\/p>\n

        Bernard Trujillo
        U. Wisconsin Law School<\/p>\n

        Diane Uchimiya
        Assistant Professor of Law
        University of La Verne College of Law<\/p>\n

        Anne Underwood, Esq.<\/p>\n

        Stephen Utz
        Professor of Law
        University of Connecticut School of Law<\/p>\n

        Jesse Leah Vear
        Portland Organizing to Win Economic Rights<\/p>\n

        Athena Viscusi, LICSW
        Clinical Director
        Neighbors Consejo<\/p>\n

        Douglas P. Wachholz, Esq.
        Centro Latino de Abogados<\/p>\n

        Shoba Sivaprasad Wadhia
        Adjunct Professor of Law
        Washington College of Law at American University<\/p>\n

        Jonathan Weinberg
        Professor of Law
        Wayne State University<\/p>\n

        Virgil Wiebe
        Associate Professor of Law
        University of St. Thomas School of Law<\/p>\n

        John Willshire-Carrera
        Clinical Supervisor, Harvard Immigration and Refugee Clinic<\/p>\n

        Arthur D. Wolfv Professor of Law
        Western New England College<\/p>\n

        Sigrun Wolf<\/p>\n

        Maria Woltjenv Immigrant Children's Advocacy Project<\/p>\n

        Sister Janet Yurkanin
        Migration and Refugee Services
        Diocese of Trenton, NJ <\/p>\n

        Joan Zorza <\/p>\n

        * Institutional affiliations listed for individual signatories are stated for purposes of identification only. <\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

        Sign-On Letter to Senate Opposing Provisions in Chairman’s Mark That Would Harm Asylum Seekers Cite as "AILA InfoNet Doc. No. 06031670 (posted Mar. 16, 2006)" March 6, 2006 Dear Senator, We, the undersigned 84...<\/p>\n","protected":false},"author":7,"featured_media":4169,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":true,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[60,9],"tags":[142],"class_list":["post-1118","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-letters-to-government-agencies-signed-by-tma","category-advocacy-and-letters","tag-advocacy-letters"],"jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p89tuq-i2","jetpack_featured_media_url":"https:\/\/multiracial.com\/wp-content\/uploads\/2016\/12\/Advocacy-Work.png","_links":{"self":[{"href":"https:\/\/multiracial.com\/index.php\/wp-json\/wp\/v2\/posts\/1118","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/multiracial.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/multiracial.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/multiracial.com\/index.php\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/multiracial.com\/index.php\/wp-json\/wp\/v2\/comments?post=1118"}],"version-history":[{"count":1,"href":"https:\/\/multiracial.com\/index.php\/wp-json\/wp\/v2\/posts\/1118\/revisions"}],"predecessor-version":[{"id":3998,"href":"https:\/\/multiracial.com\/index.php\/wp-json\/wp\/v2\/posts\/1118\/revisions\/3998"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/multiracial.com\/index.php\/wp-json\/wp\/v2\/media\/4169"}],"wp:attachment":[{"href":"https:\/\/multiracial.com\/index.php\/wp-json\/wp\/v2\/media?parent=1118"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/multiracial.com\/index.php\/wp-json\/wp\/v2\/categories?post=1118"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/multiracial.com\/index.php\/wp-json\/wp\/v2\/tags?post=1118"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}