New excuse for asylum: Bad things could happen to me if I don’t join a gang in my home country

Oh brother,  here is a story reported by Brenda Walker at VDARE that we need to watch.

It seems that the Mira youngsters (twin boys and a sister) were living with granny in El Salvador but claiming they might be made to join MS-13 or have bad things happen to them if they didn’t, they hopped across the border in Mexico to join mamma in Minnesota.  Now, of course, I would like to know why Mama was in Minnesota and left her kids home in El Salvador, but that is another story.

Ordered to be deported, and while still appealing their deportation order, the US Supreme Court has taken an interest in the case.  If the Mira’s win in the end, a national precedent could be set when asylum requests could be granted for a whole new very broad set of  additional reasons.  From the Minneapolis Star Tribune last month.

The Miras’ hopes to stay depend on how the Obama administration applies traditional definitions of asylum — protection for people fleeing persecution based on race, religion, nationality and political beliefs — to people claiming to be members of social groups that are targeted for reprisals by violent elements in the homelands.

Some officials have cautioned against widening the asylum window, warning that it could lead to unwanted immigrants, including possibly gang members fleeing violent lives.

Prospective asylees could then claim they were part of a targeted “social group” that was “persecuted” in some way.   Lower courts have said the Miras were not a part of a “social group” simply as teens in El Salvador.

The young people must prove they are part of a particular “social group” being persecuted. The Miras made that case before local immigration courts and the U.S. Board of Immigration Appeals. Last year, the board acknowledged the dangers of returning to El Salvador, but said the Miras did not belong to a definable “social group.”

Not only was their appeal denied, but the board also used the Miras’ case as a national model for its decision to deny similar cases, said John Keller, executive director of the Immigrant Law Center.

Now the US Supreme Court has stepped in, they have received a temporary reprieve and the whole definition of what constitutes asylum claims is opened for possible expansion.

After the Miras were unexpectedly detained this month, their legal team filed several emergency appeals to halt the deportations. The Supreme Court last week ordered the Department of Homeland Security to respond to the emergency appeal; the department halted the deportation and agreed to reopen the case.

As I said at the outset, this is one to watch.

UN and its leftwing media friends continue to badger Japan to diversify

We have written previously about the pressure Japan is under to take more refugees and asylees.  So far, apparently wanting to preserve its unique culture, Japan has resisted.  But, last year under stepped up pressure from the UNHCR (UN High Commissioner for Refugees) and its leftwing media lobbyists, Japan did begin a pilot program of refugee resettlement.   I feel sorry for Japan which apperently hasn’t completely bought into the diversity-is-strength-multiculturalism-uber-alles-no-borders-goal of the Left.

So far, it looks like Japan is only taking Asians. 

However, we had a good laugh back in September 2008 about a Japanese blogger hankering to bring Somalis to Japan, here.

This is the article that prompted me to post again on Japan.  From Japan Today:

It’s easy not to notice them: they blend in anonymously with the rest of the foreign faces here. You could be forgiven for not even realizing they exist at all. But refugees and asylum seekers are very much a reality in Japan — and as their numbers increase, the government is coming under fire for its handling of the issue.

Despite being the third largest donor in the world to the United Nations High Commissioner for Refugees (UNHCR), Japan admits only a tiny number of asylum seekers compared to other industrialized nations, and often appears reluctant to grant refugee status to those who do come. Damning statistics are bandied about, such as the fact that the country has accepted just 508 refugees from the 7,297 applications made since 1982.

The media doesn’t paint a very flattering picture, either. Many will remember the Dogan and Kazankiran families, Kurdish Turks whose unsuccessful battle to be recognized as refugees in Japan was reported extensively in local English-language press and overseas. When two members of the Kazankiran family were summarily deported in January 2005, the UNHCR denounced the move as “against international law,” and the Japanese government received widespread condemnation.

Both families have since been resettled in other countries, but the memory of their struggle has lingered on. So too have criticisms from organizations such as Amnesty International, which reported in May that Japan “continued to deport failed asylum applicants to countries where they faced a risk of torture or other ill-treatment.” Not exactly the most glowing of report cards. But is the reality as bad as the detractors would have us believe?

Japan has only recently begun to feel the impact of the refugee crisis. It didn’t ratify the 1951 U.N. Convention relating to the Status of Refugees until 1981, bowing to international pressure in the wake of the Vietnam War and the flow of refugees — the so-called “boat people” — that resulted from it. It took three years after the fall of Saigon for Japan to accept just 500 people, and ten years before the quota was raised to 11,500.

Although these were significant numbers for a country that had never previously taken in refugees, the government wasn’t ready to open the floodgates yet. Instead of granting individual refugee status to those it accepted, Japan admitted the refugees as a group based on humanitarian grounds. The number of refugees accepted thereafter slowed to a trickle — during the whole of the 1990s, fewer than 50 asylum seekers were granted refugee status.

Read on.

Claiming they are terrorists, Obama Administration no better than Bush on “material support” ban

That is the gist of this article from McClatchy yesterday.  Writing about the material support of terrorism ban, the reporter tells us that the Obama Administration has not taken any steps to ease the rules for immigrants and refugees who may have been forced to help a group deemed a terrorist group at some point in their lives.

I told you about this issue here more than a year ago.  In that post I said I really didn’t understand the issue.  I still don’t.   The problem I have is that in each of these stories we hear from the human rights advocates that the Dept. of Homeland Security is acting frivolously (even now under Obama) and they use cases that are pretty egregious to illustrate their point, but we never hear Homeland Security’s side of the particular case.   I’m thinking there must be more to the story.

From McClatchy:

Alkarim’s [Iraqi artist they are using for illustration] problems have their roots in post-Sept. 11 anti-terrorism laws that the Obama and Bush administrations vowed to fix.

Despite that pledge, the number of people who’ve been told their requests for refugee status, asylum or green cards won’t be processed because of the laws has risen from 5,304 in December to 7,286 in June.

The broad language of the Patriot Act and other laws bars refugees and asylum seekers from living and working in the U.S. if they supported or were members of an armed group in their homelands. They’re considered terrorists or supporters of terrorists even if they opposed dictators or helped the U.S. government.

Although Congress has attempted to give the executive branch the power to grant waivers in such cases, the Obama administration, like the Bush administration before it, has yet to set up an efficient way to handle them, refugee advocates say.

“As far as I can tell, the situation has only grown worse,” said Thomas Ragland, a former Justice Department lawyer attorney who now represents several immigrants affected by the laws. Ragland’s clients include an Iraqi, an Ethiopian, a Nepali, and a Burmese. 

Department of Homeland Security officials in charge of reviewing the matter declined a request for an interview.

Matthew Chandler, a DHS spokesman, said the department has granted more than 10,500 waivers to people impacted by the laws, proof that the cases aren’t being ignored.

There is more, read on.

Multicultural Mecca Maine: The African immigration magnet

Update August 6th:  The African woman in this story gets off easier, here.

Update August 3rd:  New strain of HIV found in woman (in Paris) from Cameroon, here.

What the heck is going on in Maine?   Here is yet another story of an African immigrant getting into legal trouble in Maine!  (Hat tip: Susan)   What!  Is  the word out on the street and across the whole continent of Africa—go to Maine!    Additionally, I found it interesting to note this woman went first to Maryland then Maine, just as the Nigerian woman who bilked the UN did, here.

Check out our recent posts on Lewiston, ME Somali health care fraud, the Nigerian woman in Portland who embezzled UN money (link in previous paragraph), Sudanese riots also in Portland and the Nigerian identity fraud med student scammer.  Now we have a woman from Cameroon who is pregnant and has HIV-Aids.

BANGOR — A pregnant, HIV-positive African woman convicted of having false documents will be resentenced on Aug. 5 in U.S. District Court after winning her appeal of a sentence that would have forced her to give birth behind bars.

Quinta Layin Tuleh, 28, of Cameroon has been free on bail since June 15 pending the outcome of her appeal to the U.S. 1st Circuit Court of Appeals in Boston. Tuleh, whose due date is Aug. 29, agreed last month to live in Portland and receive treatment at the Frannie Peabody Center.

Tuleh was released on bail a few days before she was scheduled to be transferred to Carswell Federal Medical Center in Fort Worth, Texas, according to the U.S. Marshals Service in Bangor.

U.S. District Judge John Woodcock in May sentenced Tuleh to 236 days in prison — more than twice as long as the recommended sentence of 114 days — for having false Social Security and employment authorization cards. The federal prosecutor and Tuleh’s court-appointed defense attorney both urged the judge to sentence her to time served, or 114 days.

Woodcock said that to ensure Tuleh received proper medical care through the birth of her child and to increase its chances of being born free of the HIV virus, he was sentencing her to federal prison until two weeks past her due date.

Nice of the judge, huh, concerned about the baby’s health.  Now she can have her anchor baby.  Fat chance she will be deported once the ‘healthy’ baby arrives!

Tuleh still faces deportation because of her conviction. Once she is resentenced, removal proceedings against her are expected to begin.

Now this makes no sense, you can’t just ask for asylum because you were the victim of a crime.  If that were the case, everyone in the world could be here tomorrow.  This is very confusing—I’d like to know who abused her, was it her US employer, the one who hired her as a nanny?   Read carefully, there is something missing in this account. 

She is in the process of applying for asylum in the U.S., according to court documents, on the basis that she has been the victim of a crime. She may have suffered abuse while working for her former employer, who has not been named, in Aroostook County, according to an affidavit filed by her immigration attorney with the Immigrant Legal Advocacy Project in Portland.

Tuleh arrived in September 2008 in New York City and lived in Maryland until early January, when she went to Presque Isle to work as a nanny for a family, according to court documents. She was arrested Jan. 21 at the Presque Isle Airport after false documents were discovered in her luggage.

She became pregnant before she came to Maine, according to her previous attorney, but did not confirm the pregnancy until after her arrest. Her HIV status was not known until a few days before her sentencing in May.

Portland Press Herald reader Chris had this to say:

I can’t belive it! We in Maine DESERVE to be in the condition we are in! We voted in a bunch of idiots running our state. WHY wasn’t she just deported before the birth? I’m sick of paying for illegals kids!

And Bangor News SHE ISN”T an immigrant!!! She’s an illegal immigrant! Why drag good immigrants names thru the mud.

You in the useless biased media disgust me….. you’re all jerks! Hows the newspaper business going? What’s the matter can’t you sell enough of your Liberal dribble. Americans are waking up and you all are going down. Let someone unbiased run your rag!!! 

Now for this Maryland connection, Cameroon, Cameroon, Cameroon.   Oh, yes, where have I heard that before?  Maybe, just maybe, this woman got into the US with the help of the now CONVICTED MARYLAND ASYLUM LAWYER FROM CAMAROON, Patrick Tzeuton, here.

Obama may be opening the door to millions of asylum applicants

Update July 21st:  For readers wanting more details on this decision by the Obama Administration, the Federation for American Immigration Reform (FAIR) has a discussion with links here (scroll down to the third item).  Hat tip:  Paul

The New York Times reported on Wednesday:

The Obama administration has opened the way for foreign women who are victims of severe domestic beatings and sexual abuse to receive asylum in the United States. The action reverses a Bush administration stance in a protracted and passionate legal battle over the possibilities for battered women to become refugees.

In addition to meeting other strict conditions for asylum, abused women will need to show that they are treated by their abuser as subordinates and little better than property, according to an immigration court filing by the administration, and that domestic abuse is widely tolerated in their country. They must show that they could not find protection from institutions at home or by moving to another place within their own country.

The case that is in question is that of a Mexican woman seeking asylum, fearful of being murdered by her common-law husband. He forced her to live with him, stole her salary, repeatedly raped her at gunpoint and tried to kill her. Last year Bush administration officials argued in court that her case did not meet the legal standard for asylum. Now the Obama administration is reversing that stance.

The question of asylum for battered women has been around since 1996, when

a Guatemalan woman named Rody Alvarado was granted asylum by an immigration court, based on her account of repeated beatings by her husband. Three years later, an immigration appeals court overturned Ms. Alvarado’s asylum, saying she was not part of any persecuted group under American law.  

Apparently that case is not yet resolved.

Since then Ms. Alvarado’s case has stalled as successive administrations debated the issue, with immigration officials reluctant to open a floodgate of asylum petitions from battered women across the globe. During the Clinton administration, Attorney General Janet Reno proposed regulations to clarify the matter, but they have never gone into effect. In a briefing paper in 2004, lawyers for the Department of Homeland Security raised the possibility of asylum for victims of domestic violence, but the Bush administration never put that into practice in immigration court, Professor Musalo said.

Now Homeland Security officials say they are returning to views the department put forward in 2004, refining them to draw conditions sufficiently narrow that battered women would prevail in only a limited number cases.

It’s a thorny problem. Whose heart doesn’t go out to a woman with a story like the Mexican asylum seeker? But domestic violence (what a sterile term!) and sexual abuse are so common around the world that, as Phyllis Chesler points out,

Fellow Americans: Prepare to receive the entire female population of Pakistan sometime soon. And that’s just for starters. I don’t oppose this—but I honestly don’t know if we can economically afford to do it. Given the recession/depression, I rather doubt we can. But get ready for something like this to happen anyway.

…. Studies show that 50-90% of Pakistani women are routinely beaten, even when they are pregnant, and that daughter-beating and wife-beating are not considered crimes. Pakistani men will sometimes publicly gang-rape a young girl in order to falsely “avenge” another crime committed by a member of their own clan; be-head, throw acid at, or burn alive a girl or woman who has offended their family or political-religious honor; they will marry a ten-year-old daughter to a fifty-year-old man in order to settle a debt, or to receive a small sum of money. In Pakistan, most honor killings of girls and women are not prosecuted either. In one study, my own, first published in Middle East Quarterly, almost half the honor murders perpetrated in the West were perpetrated by Pakistani men or Pakistani families.

 Even if Homeland Security drew narrow guidelines, there would still be plenty of eligible women just in Pakistan, and many more in other Muslim countries, plus those in other countries. Chesler seems to be suggesting that it would be a good idea to open our doors to battered women, but not their batterers, if we weren’t in a recession. She makes this excellent point:

Male domestic violence is a global phenomenon. Why single out one country—isn’t that “racist” or “Islamophobic” and doesn’t that suggest that all Pakistani Muslims are batterers or tend to batter women more than, let’s say, Christian-American men do?

But they do. They are trained to do so. Their culture has normalized woman-battering while the Big Bad West has actually gone and criminalized it, tried to shelter its victims and prosecute their persecutors. True, we have done so rather late in the day and in an imperfect way. But this level of progress does not exist in the Arab Middle East, Africa, or central Asia where even honor murders are accepted, rarely reported as such, even more rarely prosecuted, and where reduced sentences apply to this but to no other crime.

I’m sorry, Phyllis, and I’m terribly sorry for all those women, but it would be impossible to provide asylum to the millions of deserving women around the world. Of course, just because it’s impossible doesn’t mean Obama mightn’t try to do it. Not because he’s such a great humanitarian, but because it would overload the system and cause that much more chaos.

This issue bears watching.