President Barack Obama 1600 Pennsylvania Avenue, NW Washington, DC June 29, Dear Mr. President:

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1 President Barack Obama 1600 Pennsylvania Avenue, NW Washington, DC June 29, 2012 Dear Mr. President: We write on behalf of nearly 4,700 people who have already passed the difficult test to prove they are refugees and are living peacefully in the United States. We also write on behalf of refugees who remain in dangerous situations abroad, who are eager to be put to the test of proving to the Department of Homeland Security and other U.S. security agencies that they pose no terrorist or security threat to the United States. In 2001, Congress enacted legislation that significantly broadened the definition of terrorist activity. Because the definition was so broad, it encompassed some activities that had no real-life connection to terrorism. Many refugees seeking safety including those with family already in the United States were barred from entering the U.S., and many refugees and asylees already offered protection and living in the U.S. were barred from obtaining green cards and reuniting with family members. These people, and in many cases their spouses and children, now languish in limbo largely because of the failure of U.S. agencies to promulgate rules or adopt procedures that Congress clearly contemplated would be rapidly issued when it passed reform legislation in This limbo status causes refugees, asylees and asylum seekers to remain on hold with no ability to prove their non-terrorist status. They continue to face endless delays and even the possibility of being deported. Many have been needlessly separated from their spouses and children for many years and have little hope of reuniting with their families in safety unless you intervene immediately. A bipartisan coalition in Congress led by Senators Patrick Leahy (D-VT) and Jon Kyl (R-AZ) amended the law in 2007 to authorize the Administration to exempt persons with no actual connection to terrorism from the broad anti-terrorism provisions in our immigrations laws. As noted, however, the failure of the relevant government agencies to establish or implement the Leahy-Kyl reforms has continued the very abuses the legislation was intended to put to an end. We believe that such needless human tragedy suffered by law-abiding persons and their families, already victimized by persecution, calls out for your intervention. Earlier this year, in commemoration of the 60 th anniversary of the United Nations Refugee Convention, your Administration pledged to significantly reduce cases that are on hold by the end of fiscal year 2012, and to review, by the end of calendar year 2012, current interpretations of the terms under the national security exclusion grounds to better ensure that those in need of protection retain eligibility for it. In order to keep these promises, and to end further needless suffering by people who have already suffered so much, we urge that you immediately: 1

2 Direct the Secretary of Homeland Security to allow US Citizenship and Immigration Service (USCIS) officers to re-examine and provide relief to individuals on an individual, case-by-case basis who had voluntary associations with Tier III groups. These Tier III groups are not designated as terrorist groups anywhere and in many cases are long defunct or are groups the U.S. government sympathizes with and even supports. The current approach, involving centralized review of each Tier III group before an individual who engaged in voluntary activities on behalf of the group can be granted an exemption, has proved to be entirely unworkable. Direct the Secretary of Homeland Security to allow USCIS officers to re-examine and provide relief to individuals previously approved for legal, long-term immigration status in the United States, such as refugees and asylees. These individuals, who have already been granted protection and permission to live in the U.S., should receive their green cards and be reunited with family as long as they meet certain requirements, including that there is no reason to believe their activities were targeted at non-combatants, they pose no danger to the safety and security of the United States, and they have passed all relevant security and background checks. Review and revise the Administration s current legal interpretations of the immigration statute, specifically what constitutes material support. Statutory interpretations should be brought into line with the purpose of the law, which was to exclude and deny relief to persons responsible for or supportive of terrorist acts or groups, and who are perceived to pose a terrorist threat to the U.S. Many of us joined together to write to you in August 2010 to ask for your help, yet the problem remains unresolved. We are committed to the full and rapid implementation of the Leahy-Kyl reforms enacted more than four years ago, and believe that further delay is inexcusable. On grounds of compassion, good policy and the rule of law, we call on you to allow people to prove and in the case of refugees and asylees already living in the United States, prove again that they pose no threat to the security of the United States, so that refugees can find safety, families are no longer needlessly divided, and long-term, lawabiding residents of the United States can finally have their cases resolved. Brent M. McBurney, President & CEO Advocates International Crystal Williams, Executive Director American Immigration Lawyers Association Sincerely, Richard Foltin, Director of National and Legislative Affairs American Jewish Committee 2

3 David William Lazar, Chairman American Mesopotamian Organization, Inc. Kristina Arriaga, Executive Director The Becket Fund for Religious Liberty Most Reverend John C. Wester Bishop of Salt Lake City Deborah Sanders, Senior Attorney, Immigration Legal Services Catholic Charities of the Archdiocese of Washington Karen Musalo, Founder and Director Center for Gender & Refugee Studies, Hastings College of the Law Curt Goering, Executive Director Center for Victims of Torture Dr. John Eibner, CEO Christian Solidarity International Rev. Susan Taylor, President Church of Scientology Erol Kekic, Director, Immigration and Refugee Program Church World Service Suzanne Scholte, President Defense Forum Foundation Rev. Ronald J. Degges, President Disciples Home Missions of the Christian Church (Disciples of Christ) Rev. Dr. Ken Brooker Langston, Director Disciples Justice Action Network Tsehaye Teferra, Ph.D., President Ethiopian Community Development Council Deborah Stein, Director Episcopal Migration Ministries Robert F. Schwarzwalder, Jr., Senior Vice President Family Research Council Mark Hetfield, President and CEO (Interim) Hebrew Immigrant Aid Society (HIAS) 3

4 Michael Horowitz, Senior Fellow Hudson Institute Elisa Massimino, President and CEO Human Rights First Terri Marsh, Executive Director Human Rights Law Foundation Bill Frelick, Refugee Program Director Human Rights Watch Senge Sering, President Institute for Gilgit Baltistan Studies Joseph K. Grieboski, Founder and Chairman of the Board Institute on Religion and Foreign Policy Douglas Johnston, President International Center for Religion and Diplomacy Matt Cherry, International Representative International Humanist and Ethical Union Becca Heller, Director Iraqi Refugee Assistance Project Rev. Michael Evans, S.J., National Director Jesuit Refugee Service/USA Ann Buwalda, Executive Director Jubilee Campaign USA Rob Rutland-Brown, Executive Director Just Neighbors Dr. Pary Karadaghi, Executive Director Kurdish Human Rights Watch Kathryn Porter, President Leadership Council for Human Rights Rev. J. Bart Day, Executive Director of National Mission The Lutheran Church-Missouri Synod Linda Hartke, President and CEO Lutheran Immigration and Refugee Service 4

5 Suhaib Nashi, MD, FAAP, FRCP, President The Mandaean Society of America Salam Al-Marayati, President Muslim Public Affairs Council Galen Carey, Vice President, Government Relations National Association of Evangelicals Samuel Rodriguez, Jr., President National Hispanic Christian Leadership Conference Ali Noorani, Executive Director National Immigration Forum Jorge L. Barón, Executive Director Northwest Immigrant Rights Project Hans Hogrefe, Chief Policy Officer Physicians for Human Rights Michel Gabaudan, President Refugees International Dr. Richard Land, President Southern Baptist Ethics & Religious Liberty Commission Jim Winkler, General Secretary United Methodist Board of Church and Society Lavinia Limon, President & CEO U.S. Committee for Refugees and Immigrants Don Blanchon, CEO Whitman-Walker Health Geoff Tunnicliffe, CEO/General Secretary World Evangelical Alliance Stephan J. Bauman, President & CEO World Relief Sarah Costa, Executive Director Women's Refugee Commission 5