ICE Investigating &Prosecuting Human Rights Violators and War Criminals: A Collaborative Approach

Similar documents
Thomas Woewiyu s Trial and Liberia s Quest for Justice

Petition for U Nonimmigrant Status

HOW TO APPLY FOR ASYLUM, WITHHOLDING OF REMOVAL, AND/OR PROTECTION UNDER ARTICLE 3OF THE CONVENTION AGAINST TORTURE

Family member(s) relationship to you (the principal). Information about you. Information about your family member (the derivative).

9 FAM 40.6 EXHIBIT I GROUNDS OF INADMISSIBILITY AVAILABLE WAIVERS

IMMIGRATION RELIEF FOR SEXUAL ASSAULT SURVIVORS

February 15, Via at:

Part 1. Family member(s) relationship to you (the principal). Information about you.

TABLE OF CONTENTS. Representing Clients in Immigration Court, 5th Ed. Acknowledgments... ix Table of Decisions Index

TABLE OF CONTENTS. Foreword...v Acknowledgments...ix Table of Decisions Index...367

The REAL ID Act of 2005 (H.R. 418): Summary and Selected Analysis of Provisions as Passed by the House

U Nonimmigrant Status Questionnaire Principal Applicant

Form I-485, Application to Register Permanent Residence or Adjust Status

Defending Non-Citizens in Illinois, Indiana, and Wisconsin by Maria Theresa Baldini-Potermin

PRO SE ASYLUM MANUAL

Applying for Immigration Benefits Under VAWA

Sample Immigration Visa Application Form (DS-260)

Immigration Law Basics for Domestic Violence Victim Advocates

Asylum Removal and Immigration Courts: Definitions to Know

Glossary, Forms, And Abbreviations Abbreviation or Form

22 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

Spotting Inadmissibility Issues in Immigration Cases BY: KRUTI J. PATEL AND LARA K. WAGNER

Asylum Law 101. December 13, Dalia Castillo-Granados, Director ABA s Children s Immigration Law Academy (CILA)

Follow this and additional works at:

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. Agency No. A

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. Agency No. A

SAMPLE. START HERE - Please type or print in black ink. Part 1. Type of application (check one) Part 2. Information about you

SUPREME COURT OF THE UNITED STATES

The Law of Refugee Status

101(a)(42) Defines refugee 207 Admission of refugees 208 Asylum/procedures 235(b) Credible fear 241(b)(3) Restriction of removal CAT 8 C.F.R. 208.

Communication No 13/1993 : Switzerland. 27/04/94. CAT/C/12/D/13/1993. (Jurisprudence)

Jose Diaz Hernandez v. Attorney General United States

LAURA TOVAR PARALEGAL & KARLA RODRIGUEZ PARALEGAL

RIGHTS ON THE MOVE Refugees, asylum-seekers, migrants and the internally displaced AI Index No: POL 33/001/2004

Immigration Relief for Immigrant Survivors of Abuse [July 2017]

Department of Homeland Security

state and local law enforcement agencies despite demonstrated instances of profiling and subsequent weakening of community safety.

Department of Homeland Security Delegation Number: Issue Date: 06/05/2003 DELEGATION TO THE BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES

Refugee Security Screening

Thailand Law Forum. Waivers of US Visa Denials and Waivers in Thailand. By Chaninat and Leeds Co., Ltd. 2 June 2009

HUMAN RIGHTS FIRST SUBMISSION TO THE OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS

GUIDE FOR DETAINED IMMIGRANTS

CRS Report for Congress

CRIMMIGRATION. The Intersection of Criminal and Immigration Law. John Gihon Shorstein, Lasnetski & Gihon

OVERVIEW OF IMMIGRATION CONSEQUENCES ANALYSIS

Mariana s Story. Unaccompanied Children: The Journey from Home to Appearing before the Immigration Court in the United States

CHAPTER FIVE OVERVIEW OF IMMIGRATION RELIEF FOR IMMIGRANT VICTIMS OF ABUSE AND CRIME

Sudan - Researched and compiled by the Refugee Documentation Centre of Ireland on 13 July 2011

Special Immigrant Juvenile (SIJ) Status & Human Trafficking. Staff Attorney, Immigrant Advocacy Program Legal Aid Justice Center

(C) API GBV 6/7/2017. Immigration 101: A Webinar for Domestic Violence Victim Advocates. June 6, 2017 Grace Huang, Policy Director

Q&A: DHS Implementation of the Executive Order on Border Security and Immigration Enforcement

Alija Jadadic v. Atty Gen USA

Alpha Jalloh v. Atty Gen USA

Guideline for Asylum Seekers: Refugee Status Determination in Israel

GEORGE MASON SCHOOL OF LAW Immigration Law Law 235 Fall Syllabus

Plan for Closing the Guantanamo Bay Detention Facility

Refugee Admissions and Resettlement Policy

F I L E D August 26, 2013

Office of the State Public Defender

PRESIDENT TRUMP S EXECUTIVE ORDERS ON IMMIGRATION

Lawfully Residing Children and Pregnant Women Eligible for Medicaid and CHIP

This submission focuses on migrant and asylum seeking women in Israel and include the following issues:

Carrera-Garrido v. Atty Gen USA

Asylum and Refugee Provisions

ASYLUM LAW WORKSHOP. Alen Takhsh, Esq. TAKHSH LAW, P.C.

a GAO GAO BORDER SECURITY Additional Actions Needed to Eliminate Weaknesses in the Visa Revocation Process

INDEX Alphabetization is word-by-word (e.g., R visas precedes REAL ID Act )

Alien Removals and Returns: Overview and Trends

United States Court of Appeals

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Practical Considerations for the Pro Bono Asylum Practitioner

THE IMMIGRATION LANDSCAPE UNDER THE NEW ADMINISTRATION

Immigration Relief for Unaccompanied Minors

CHILDREN AND IMMIGRATION

Chhyumi Gurung v. Attorney General United States

Presenters 5/20/2015. U and T Nonimmigrant Status. U and T Nonimmigrant Status May 21, Sarah Bronstein, CLINIC

Lawfully Present Individuals Eligible under the Affordable Care Act

Status Eligibility Definition SAVE Code Documentation Card Documentation

Combating Human Trafficking HOMELAND SECURITY INVESTIGATIONS

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

GEORGE MASON SCHOOL OF LAW Immigration Law Law 235 Fall Syllabus

Testimony before the House Committee on Homeland Security Examining 287(g): The Role of State and Local Law Enforcement in Immigration Law

Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A-B-

Module 2: LEGAL FRAMEWORK

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM NOTES. (CT:VISA-1374; ) (Office of Origin: CA/VO/L/R)

Agape Document Services Unlimited

All Human Trafficking Bills from the House and Senate. 114 th Congress

THE CONVENTION RELATING TO THE STATUS OF REFUGEES AND ITS PROTOCOL

Fax: pennstatelaw.psu.edu

Cultural Perspectives Panel

Matter of M-A-F- et al., Respondents

Immigration-Related Document Fraud: Overview of Civil, Criminal, and Immigration Consequences

Challenges Faced by Immigrant Survivors

AFTER TPS: OPTIONS AND NEXT STEPS

Q&A: Protecting The Nation From Foreign Terrorist Entry To The United States

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. BIA Nos. A & A

Introduction to Asylum Law Based on Sexual Orientation and/or Gender

PC: , 457.1, 872, CVC: (C) TITLE 8: INMATE RELEASE I. PURPOSE:

WHEN ENCOUNTERING LAW ENFORCEMENT

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT *

Transcription:

ICE Investigating &Prosecuting Human Rights Violators and War Criminals: A Collaborative Approach Center for Victims of Torture Webinar October 20, 2010 Annemarie Brennan, Associate Legal Advisor Human Rights Law Section Office of the Principal Legal Advisor

ICE Human Rights Goals To deny safe haven in the United States to human rights violators, torturers, and war criminals by: Identifying, Locating, Investigating, Prosecuting, and/or Removing them from the United States. To prevent these individuals from entering the United States as they try to evade justice in their home jurisdictions.

ICE Members of units that participated in the massacre of thousands of Bosnian civilians at Srebrenica filed false refugee claims and have since been located in the United States.

ICE Paramilitary and militia gang members who participated in human rights abuses in Sierra Leone are suspected of entering the United States by posing as Liberian refugees.

ICE ICE Human Rights Units

ICE Human Rights Units Human Rights Violators and War Crimes Unit (HRV) Office of Homeland Security Investigations Identifies, investigates, and aids in the prosecution of human rights violators, torturers, and war criminals Founded in 2003 Human Rights Law Section (HRLS) Office of the Principal Legal Advisor, Homeland Security Investigations Law Division Works with the Assistant Chief Counsels and the Office of Detention and Removal to prosecute and remove these persecutors Founded in 2004

ICE HR Fusion Center Pulls together the resources of investigators, attorneys, analysts, and others Houses Regional Support Teams Regional breakdown (Africa, Asia, Europe, Latin America, Middle East / North Africa) Each team contains at least one special agent, attorney, historian, analyst, and clerk Ensures collaboration among the different offices that deal with human rights cases Established in January 2009

ICE Partners: Within ICE Office of the Assistant Secretary Office of the Principal Legal Advisor National Security Law Section Criminal Law Section Enforcement & Removal Ops Law Division Offices of the Chief Counsel Homeland Security Investigations Human Rights Violators & War Crimes Unit Office of Detention and Removal Office of International Affairs Office of Public Affairs Office of Congressional Relations

ICE Partners: Wider DHS and Interagency Department of Homeland Security U.S. Citizenship and Immigration Services Office of Civil Rights & Civil Liberties Department of State War Crimes Office Country Desk Offices Department of Justice Human Rights and Special Prosecution Section (also covers MEJA) Individual Assistant US Attorneys FBI War Crimes Office Department of Defense HHS: Office of Refugee Resettlement

ICE NGO Community Friends Advocates for Human Rights Aegis Trust Amnesty International Human Rights First Human Rights Watch The Enough Project Freedom House Global Witness Impunity Watch International Crisis Group Iraqi Memory Foundation Open Society Institute

ICE Basic Persecutor / Human Rights Violator Law Nuremburg Indictments

ICE Bars v. Charges Persecutor Bar Bars an applicant from certain forms of relief. (Applicant s burden to establish eligibility). If found to be a persecutor, an applicant is barred from: Asylum Temporary Protected Status Cancellation of Removal Withholding of Removal (INA & CAT) NACARA (not 202 - Cuba/Nicaragua)! Deferral under CAT is NOT Barred Charges Actual immigration charge lodged against an applicant in order to establish them as inadmissible or removable. (Government s burden to prove charges.)

ICE Persecutor Bar The definition of a refugee specifically excludes one who has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. - INA 101(a)(42)(A)

ICE Persecution Defined While there is no universally accepted definition of persecution, a threat to life or freedom on account of any of the five protected grounds is always persecution. - Matter of McMullen, 19 I&N Dec. 90, 95-96 (BIA 1984)

ICE Specific Charges Participants in Nazi persecution - INA 212(a)(3)(E)(i) / 237(a)(4)(D) Participants in genocide - INA 212(a)(3)(E)(ii) / 237(a)(4)(D) Torturers - INA 212(a)(3)(E)(iii)(I) / 237(a)(4)(D) Those who committed extrajudicial killings - INA 212(a)(3)(E)(iii)(II) / 237(a)(4)(D) Foreign government officials who committed particularly severe violations of religious freedom - INA 212(a)(2)(G) / 237(a)(4)(E) Recruiters of child soldiers - INA 212(a)(3)(G) / 237(a)(4)(F)

ICE Motivation Do not look at the subjective intent but at the objective effect - Matter of Rodriguez-Majano, 19 I. & N. Dec. 811, 815 (BIA 1988) The individual DOES NOT have to have to be acting on a personally held belief or motivation. It is important to determine whether the group or person on whose behalf the individual committed the acts of persecution was itself acting on account of a protected characteristic.

ICE Membership in a group that persecutes others Mere membership in a persecutory organization is not enough to bar the applicant. - Matter of Rodriguez-Majano, 19 I&N Dec. 811, 814-815 (BIA 1988) REMEMBER that mere membership in a persecutory organization is different from membership in a terrorist organization, which can alone be considered material support. BUT, if the applicant belonged to a persecutory organization, question the applicant carefully about his/her activities in to figure out whether the applicant s actions or inactions assisted in the persecution of others.

ICE Acts committed during war or civil strife Acts directly related to war are not persecution. Harm which may result incidentally from behavior directed at another goal, the overthrow of a government or, alternatively, the defense of that government against an opponent, is not persecution. In analyzing a claim of persecution in the context of a civil war, one must examine the motivation of the group threatening harm. - Rodriguez-Majano, 19 I&N Dec. 811, 815 (BIA 1988) BUT, if an act is done on account of one of the five protected grounds, it is persecution, even in wartime. - Rodriguez-Majano, 19 I&N Dec. 811, 816 (BIA 1988)

ICE Nexus In symmetry with asylum law: On account of : Note that this does not mean the sole motivation merely at least one central reason for the persecutor s actions. Membership in a protected class: race, religion, nationality, membership in a particular social group, or political opinion

ICE Burden of proof It is the applicant's burden to establish that he is a refugee. - INA 208(b)(1)(B)(i), 8 USC 1158(b)(1)(B)(i) The applicant s credibility must play an important role in your decision. If the evidence indicates that the applicant may be ineligible for refugee resettlement because he or she is a persecutor, then the applicant must establish that the persecutor exception does not apply. - Matter of A-H-, 23 I&N, Dec. 774, 786 (A.G. 2005)

ICE No Legal Exceptions No Self Defense No Repudiation No Restitution No Youth Exception (but note current policy ) No Duress / Involuntariness (but note current policy )

ICE Red Flags Military service during wartime or civil strife Claims of NO military service in countries where service is compulsory or where there has been recent conflict Special forces Intelligence service Police service Prison guards High-ranking government officials Membership in armed opposition groups The media (if the conflict was characterized by members of the media encouraging persecutory acts)

ICE STOP Initiative Survivors of Torture Outreach Program

ICE STOP Rationale Every survivor of torture is a potential witness and / or might provide a valuable lead. Work to date Conducting outreach to Torture treatment centers in the U.S. and overseas. Refugee service providers and community organizations. Training investigators and agents to talk with survivors.

ICE STOP: Investigators Special Training for HR Investigators Interviewers learn different techniques, including allowing the witness to set the pace and tone. Interviewer learn that their appearance, behavior, and even room set up can impact: the health and well being of the survivor, and the success of the interview. Interviewers are aware that survivors: might be wary of talking to government investigators, and might have issues with their immigration status.

ICE Stop: Witness Safety ICE Victims and Witness Services Accustomed to working with survivors of torture, human trafficking, organized crime; Trained in working with people from a variety of cultures; and Prepared to address trauma-related mental health issues that could arise during the process.

ICE Stop: Witness Safety cont. Witnesses willing to testify against persecutors often travel within or to the United States: Victim / Witness Coordinators are present and/or on call to 24 hours per day. If there are any safety concerns, special agents are on duty in the witnesses hotel Special agents are on duty in courtroom. If witnesses are in continual, persistent danger: Longer-term, US-based protection would require coordination with Department of State, other federal and state agencies

ICE Stop: Other Key Issues ICE accepts assistance at whatever level the witness is comfortable: Anonymous tips More detailed information without testimony Testimony in criminal and/or removal hearings. ICE will not subpoena witnesses.

ICE STOP: Results After a presentation at a torture treatment center, a medical staffer indicated that a survivor had told her that he recognized a man in the center s waiting room as the man who had tortured him. A case manager at another center stated that he knew of a pilot assigned to the squadron that had participated in the use of chemical weapons against civilians. We are following up these leads.

ICE Case Studies

ICE Case study: Kelbessa Negewo Kelbessa Negewo was an official during Ethiopia s Red Terror. At his direction numerous people were arrested, detained, interrogated, and severely beaten. A victim recognized him while he was working as a bellhop at a hotel in Atlanta. Three victims won a $1.5 million judgment against him in 1993. Negewo became a US citizen in July 1995. He was denaturalized in October 2004 and was the first person charged as inadmissible based on acts of torture and extrajudicial killing under the new Intel Reform Act. Negewo was removed from the US and turned over to Ethiopian authorities in October 2006. In January 2009, he was sentenced to life in prison; his appeal was recently dismissed.

ICE Case study: John Demjanjuk John Demjanjuk was a guard at Nazi death camps during World War II. He lied about his past and entered the United States under the Displaced Persons Act in 1952; he became a citizen in 1958. In 2004, the United States stripped Demjanjuk of his citizenship. In March 2009, Germany issued an arrest warrant for Demjanjuk, saying that he had assisted in the murder of 29,000 people during World War II. In April 2009, Demjanjuk was removed to Germany to face trial. Demjanjuk s trial opened November 30, 2009.

ICE Case Study: Marko Boskic Marko Boskic came to the U.S. as a refugee from Bosnia. He had been involved in the 1995 Srebrenica massacre, which took the lives of thousands of Muslim men and boys. ICE conducted an investigation into Boskic s past, which included travel to The Hague and Bosnia, in partnership with International Tribunal investigators. Boskic was subsequently arrested, tried and convicted for visa fraud, and sentenced to five years in a US prison. Boskic was removed to face trial in Bosnia on April 28, 2010.

ICE Case Study: Chuckie Taylor Son of ex-liberian president indicted in Miami on torture charges BY JAY WEAVER Miami Herald Dec 06, 2006 ICE received information alleging that Charles Emmanuel Chuckie Taylor, the U.S.-born son of the former Liberian President, was involved in crimes committed during the time of his father s rule in Liberia. ICE conducted a four-continent investigation which resulted in Emmanuel being arrested and convicted of US passport fraud. Further investigation by ICE resulted in Emmanuel being indicted for torture, the first use of this statute in US federal court. On October 30, 2008, he was found guilty of torture and related offenses; he faces 20 years to life in prison.

ICE Contact Us 1-866-DHS-2ICE Mention the Human Rights Violators and War Crimes Unit. You can also call your local ICE office. Or, you can call me.

ICE Annemarie A. Brennan Associate Legal Advisor Human Rights Law Section Office of the Principal Legal Advisor annemarie.brennan@dhs.gov 202.732.5371