March 01, 2006   KENNEDY, LIEBERMAN EXPRESS CONCERN ON DHS UNFAIRLY BARRING LEGITIMATE REFUGEES FROM RESETTLEMENT   Senator Edward Kennedy (D-Mass.), Ranking Member on the Subcommittee on Immigration and Senator Joe Lieberman (D-Conn.), Ranking Member on the Homeland Security and Governmental Affairs Committee, sent the following letter to Secretary of Homeland Security Michael Chertoff expressing their concern that the Department has been unfairly barring legitimate refugees and asylum seekers from resettlement in the United States. Following is the full text of the Senators’ letter to Secretary Chertoff: February 28, 2006 The Honorable Michael Chertoff Secretary U.S. Department of Homeland Security Washington, DC 20528 Dear Secretary Chertoff: We are writing to express our serious concern about the Department’s application of the “material support” to “terrorist organizations” ground of inadmissibility, which has resulted in the exclusion of a large number of vulnerable refugees and asylum seekers. We are also concerned that the Department has failed to exercise the waiver authority that Congress provided to ensure that the provision is applied appropriately. The material support ground of inadmissibility, under section 212(a)(3)(B)(iv)(VI) of the Immigration and Nationality Act, is rightfully intended to bar persons who give aid to terrorists, not to bar legitimate refugees who provided support under threat to their lives, the lives of their families, or to their livelihoods. Refugees in such circumstances have been terrorists’ victims, not their allies. The Department has the legal authority to waive this section in order to admit as refugees those who were coerced into providing such aid as found in section 212(d)(3)(B) of the Immigration and Nationality Act. We are concerned that the Department’s implementation of the material support bar is greatly restricting the United States Resettlement Program for Colombian refugees and resulted in the suspension of resettlement referrals of Burmese refugees in Malaysia. It now threatens to impact the resettlement of up to 10,000 Burmese refugees in Thailand. Others affected have included Colombian refugees who were forced to make payments to Colombian guerilla groups under threat of torture or death. According to the United Nations High Commissioner for Refugees, the bar, as currently interpreted, could affect up to tens of thousands of the refugees identified by the Department of State for resettlement to the United States in FY06. This was not the intent of Congress. The Department’s interpretation of the material support bar is also affecting hundreds of asylum-seekers in the United States. We understand that some 500 affirmative asylum applications are on hold at the Department, and an unknown number of cases are being denied protection in immigration court. We are also concerned about the implications of the bar on refugees and asylees who have already been granted a safe haven in the United States and who are seeking to adjust their legal status to become lawful permanent residents or citizens of the United States. It is our belief that the Department should implement the material support bar in a manner that does not exclude deserving and vulnerable refugees and asylees. We urge the Department not to apply the material support statute to innocent people who are forced to provide support to terrorists or suffer severe retaliation. By revisiting its interpretation and application of the material support bar and by implementing procedures for exempting individuals and groups to whom the bar was not intended to apply, we believe that the Department will be able to ensure that the United States continues to protect Americans from terrorist threats without preventing innocent refugees from receiving protection in the United States. Sincerely, cc: Secretary Rice, Department of State Attorney General Gonzales, Department of Justice   ###   Printable Version   « previous Press Release next Press Release »   1998 - 1999 - 2000 - 2001 - 2002 - 2003 - 2004 - 2005 - 2006 - 2007 March 2006 Press Releases   March 29 - Lieberman Hails Signficant Ethics, Lobbying Reform   March 29 - U.S. Senate Approves Major Lobying Reform Legislation Authored by Senators Collins, Lieberman, Lott and Dodd   March 20 - Senator Lieberman Commends Successful Effort to Locate All Children Missing After Hurricane Katrina   March 17 - Collins, Lieberman Succeed in Bolstering Homeland Security Budget   March 16 - Lieberman Offers Amendment to Strengthen FY2007 Homeland Security Budget   March 15 - Lieberman Seeks White House Subpoenas for Complete Picture of White House Involvement in Preparations for and Response to Hurricane Katrina   March 14 - Collins, Lieberman Seek Better Housing Aid for Katrina Victims   March 13 - Senator Lieberman Delivers Statement Proposing a New Committee to Review Sales of U.S. Properties to Foreign Investors   March 8 - Final Hurricane Katrina Hearing Focuses on Recommendations for Reform   March 6 - Lieberman Delivers Floor Statement Advocating Strong Lobbying Reform   March 3 - Senator Lieberman Alerts Budget Committee to Major Inadequacies in Proposed Homeland Security Budget   March 3 - Congress Approves Collins-Lieberman "Katrina Emergency Assistance Act"   March 3 - Lieberman Asks Chertoff for Further Information on Intelligence Gaps in Ports Deal   March 2 - Homeland Security and Governemental Affairs Committee Approves by 12-1 Collins-Lieberman Lobbying Reform Bill   March 2 - Statement by Senator Lieberman at Markup of Collins-Lieberman Lobbying Reform Substitute   March 1 current Press Release   March 1 - Lieberman Says DHS Budget Won't Get the Job Done, $8 Billion More Needed
Committee on Homeland Security and Governmental Affairs 340 Dirksen Senate Office Building Washington, D.C. 20510