Issue in Focus: "Material Support" and Refugees

07 Jul 2006 - There is recent U.S. legislation – such as the USA Patriot Act and the Real ID Act – that expands the definition of “terrorism” and prohibits admission into the United States of terrorists or anyone who has provided “material support” to terrorist organizations.

The Problem:
These provisions were meant to protect America from genuine terrorist threats. But in recent months, the Department of Homeland Security has interpreted these laws to keep out not only terrorists but also the victims of terrorism and oppression. 

Refugees and asylum seekers who have been persecuted for their religious or political beliefs and seek sanctuary in the United States are being turned away if they ever provided any assistance whatsoever to a terrorist or terrorist organization – even if that assistance was provided under duress or given in the form of a ransom to kidnappers.
While the U.S. certainly should keep all terrorists and their supporters out of the country, refugees are not terrorists. They are victims of terror. Refugees share our values and have suffered for it. They deserve our help and sanctuary. Refugees should be protected rather than treated as a threat.
 
The “material support” provisions in this law currently threaten the protection of:
• Vietnamese Montagnards who supported U.S. troops during the Vietnam War
• Cubans who joined anti-Castro movements supported by the U.S.
• Burmese religious and ethnic minorities persecuted by Burma’s brutal ruling military junta
• Colombians forced to pay ransoms or war tax to leftist guerilla groups
• West African women who have been raped by rebels and forced to provide them with housing
• and many other refugees from all over the world.

The “material support” issue threatens to bring the U.S. refugee admissions program to a virtual halt and to undermine the U.S. asylum system as well.
The law provides for a waiver of this provision under certain circumstances. Thus far, the waiver authority has been used only for Burmese refuges of a specific ethnic group in particular camps in Thailand. Providing waivers on such a limited basis is no way to run the U.S. refugee program. A legislative fix is urgently needed to remedy this serious problem.
 
What You Can Do:
Urge your Senators and Representatives to support a legislative fix to the problems created by the “material support” provision of U.S. immigration law as applied to refugees and asylum seekers.
 
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Although this 62-year-old ethnic Chin from Burma -- now a refugee in Malaysia -- has never even met anyone from the rebel Chin National Army, he may be barred from entering the United States by unintended consequences of post-9/11 anti-terror provisions.
Photo: Anna Husarska/International Rescue Committee

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