By Human Rights Watch
This 40-page file 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 if just a small variety of refugees are jailed for this goal, and the quantity appears to be like to have reduced lower than the Obama management, the detentions remain selective and arbitrary, and for that reason a contravention of foreign human rights legislations. The record recommends altering US legislations to shut the criminal loophole that enables for detaining those refugees and to provide them lawful everlasting place of abode whilst the U.S. supplies them asylum or admits them to the rustic below its in a foreign country refugee resettlement program.
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This 40-page document examines the detention of refugees for failure to dossier for lawful everlasting resident prestige, even supposing US immigration officers already positioned them via a radical vetting method 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 looks to have reduced below the Obama management, the detentions remain selective and arbitrary, and for that reason a contravention of overseas human rights legislation.
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Extra info for Jailing Refugees Arbitrary Detention of Refugees in the US Who Fail to Adjust to Permanent Resident Status
The detained refugees do not pose a danger to their communities, nor are they a flight risk. Their detention separates them from spouses and children, interrupts their education, results in loss of jobs, and often re-traumatizes those who suffer from post-traumatic stress disorder. 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.
A. § 1159 INA 209 § 1159 Adjustment of status of refugees (a) Criteria and procedures applicable for admission as immigrant; effect of adjustment (1) Any alien who has been admitted to the United States under section 1157 of this title(A) whose admission has not been terminated by the Secretary of Homeland Security or the Attorney General pursuant to such regulations as the Secretary of Homeland Security or the Attorney General may prescribe, (B) who has been physically present in the United States for at least one year, and 78 This subclause is deleted because it does not relate to cessation of refugee status in international refugee law and would more appropriately be a consideration at the time of deciding an asylum claim rather than during termination of the status of a person already recognized as a refugee, as suggested in INA section 208(a)(2)(A).
1157 INA 207 § 1157 Annual admission of refugees and admission of emergency situation refugees (a) Maximum number of admissions; increases for humanitarian concerns; allocations ... (2) Except as provided in subsection (b) of this section, the number of refugees who may be admitted as lawful permanent residents under this section in any fiscal year after fiscal year 1982 shall be such number as the President determines, before the beginning of the fiscal year and after appropriate consultation, is justified by humanitarian concerns or is otherwise in the national interest.
Jailing Refugees Arbitrary Detention of Refugees in the US Who Fail to Adjust to Permanent Resident Status by Human Rights Watch