By Human Rights Watch
This 40-page document examines the detention of refugees for failure to dossier for lawful everlasting resident prestige, even if US immigration officers already placed them via a radical vetting procedure on the time they have been well-known as refugees. even though just a small variety of refugees are jailed for this function, and the quantity seems to have diminished lower than the Obama management, the detentions stay selective and arbitrary, and accordingly a contravention of overseas human rights legislations. The record recommends altering US legislation to shut the felony loophole that enables for detaining those refugees and to provide them lawful everlasting place of dwelling whilst the U.S. delivers them asylum or admits them to the rustic less than its out of the country refugee resettlement program.
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Extra resources for Jailing Refugees Arbitrary Detention of Refugees in the US Who Fail to Adjust to Permanent Resident Status
3d 279 (3d Cir. S. law. (INA § 207(c)(4)). 70 This and the following subclauses makes the termination of refugee status the same for refugees whether they are admitted under INA section 207 or granted asylum under INA section 208 and brings the grounds of cessation and exclusion into conformity with international refugee law. 27 Human Rights Watch | December 2009 (C) the alien has voluntarily availed himself or herself of the protection of the alien's country of nationality or, in the case of an alien having no nationality, the alien's country of last habitual residence, by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country;71 (D) the alien has acquired a new nationality and enjoys the protection of the country of his or her new nationality; (E) the alien was firmly resettled in another country prior to arriving in the United States; (F) the alien ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; (G) the alien, having has been convicted by a final judgment of a particularly serious crime, and constitutes a danger to the community of the United States;72 (H) there are serious reasons for believing that the alien has committed a serious nonpolitical crime outside the United States prior to the arrival of the alien in the United States; (I) there are reasonable grounds for regarding the alien as a danger to the security of the United States: (i) the alien is described in subclause (I), (II), (III), (IV), or (VI) of section 1182(a)(3)(B)(i) of this title or section 1227(a)(4)(B) of this title (relating to terrorist activity), unless, in the case only of an alien described in subclause (IV) of section 1182(a)(3)(B)(i) of this title, the Attorney General Secretary of Homeland Security determines, in the Attorney General's Secretary’s discretion, that there are not 71 Casual returns to the country of origin, such as a brief family visit, would not forfeit refugee status.
This report urges changing the law that currently permits the detention of unadjusted refugees by granting legal permanent residence to all recognized refugees in the US, given that their cases have already been considered in depth. In the meantime, ICE should stop detaining unadjusted refugees and permit them to file for adjustment from their own homes and communities. Many of the refugees interviewed by Human Rights Watch for this report were being detained at the Eloy Detention Center, located in a remote, desert environment about seven miles from the town of Eloy in Pinal County, Arizona.
Jailing Refugees 28 reasonable grounds for regarding the alien as a danger to the security of the United States. 73 Such alien is then subject to any applicable grounds of inadmissibility or deportability under section 1182(a) and 1227(a) of this title, and the alien's removal or return shall be directed by the Attorney General Secretary of Homeland Security in accordance with sections 1229a and 1231 of this title. A. § 1158 INA 208 § 1158 Asylum (a) Authority to apply for asylum (1) In general Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien's status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title.
Jailing Refugees Arbitrary Detention of Refugees in the US Who Fail to Adjust to Permanent Resident Status by Human Rights Watch