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31. Denial and Delay: The Impact of the Immigration Law's "Terrorism Bars" on Asylum Seekers and Refugees in the United States

Author:
Anwen Hughes
Publication Date:
11-2009
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
IMMIGRATION LAWS that target individuals who have engaged in or supported the commission of terrorist acts serve two very legitimate goals: to exclude from the United States people who threaten our national security, and to penalize people who have engaged in or supported acts of violence that are inherently wrongful and condemned under U.S. and international law. Both of these purposes are consistent with the United States' commitment to protect refugees who have fled political, religious and other forms of persecution. Indeed, the 1951 Refugee Convention and its Protocol explicitly exclude from protection persons who have committed a range of serious crimes, including acts of terrorism. The Refugee Convention also allows a country to expel a refugee who poses a danger to its security, or who has been convicted of a particularly serious crime in that country and constitutes a danger to the community.
Topic:
Human Rights, Terrorism, Immigration, and Law
Political Geography:
United States

32. U.S. Detention of Asylum Seekers: Seeking Protection, Finding Prison

Author:
Eleanor Acer and Jessica Chicco
Publication Date:
06-2009
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
IN MARCH 2003 , the U.S. Department of Homeland Security (DHS) took over responsibility for asylum and immigration matters when the former INS (Immigration and Naturalization Service) was abolished. With this transfer, DHS was entrusted with the duty to ensure that the United States lives up to its commitments to those who seek asylum from persecution. These commitments stem from both U.S. law and international treaties with which the United States has pledged to abide. Yet, those who seek asylum—a form of protection extended to victims of political, religious and other forms of persecution—have been swept up in a wave of increased immigration detention, which has left many asylum seekers in jails and jail-like facilities for months or even years.
Topic:
Human Rights and Immigration
Political Geography:
United States

33. In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts — 2009 Update and Recent Developments

Author:
Richard B. Zabel and James J. Benjamin
Publication Date:
07-2009
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
In May 2008, Human Rights First released In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts.1 Based on a comprehensive review of more than 120 actual prosecutions dating back to the 1980s, In Pursuit of Justice concluded that the criminal justice system is well-equipped to handle a broad variety of criminal cases arising from terrorism that is associated—organizationally, financially, or ideologically—with selfdescribed “jihadist” or Islamist extremist groups like al Qaeda. The roster of cases chronicled in In Pursuit of Justice ranges from blockbuster trials against hardened terrorists who planned or committed grievous acts around the world to complex terrorism-financing prosecutions and “alternative” prosecutions based on nonterrorism charges such as immigration fraud, financial fraud, and false statements. Many of these cases have been preemptive prosecutions focused on preventing and disrupting terrorist activities. In Pursuit of Justice acknowledged that terrorism prosecutions can present difficult challenges, and that the criminal justice system, by itself, is not “the answer” to the problem of international terrorism, but it found that the federal courts have demonstrated their ability, over and over again, to effectively and fairly convict and incapacitate terrorists in a broad variety of terrorism cases.
Topic:
Islam, Terrorism, War, and Law
Political Geography:
United States

34. In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts

Author:
Richard B. Zabel and James J. Benjamin
Publication Date:
05-2008
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
This White Paper examines the capability of the federal courts to handle criminal cases arising from international terrorism. In the Paper, we focus on terrorism that is associated— organizationally, financially, or ideologically—with selfdescribed “jihadist” or Islamist extremist terrorist groups like al Qaeda. Many observers have expressed views on this important subject. Some have argued for prosecuting terrorist criminals outside of the civilian court system; others have called for the establishment of an entirely new “national security court.” A premise of such arguments is that the traditional court system is not well-equipped to handle international terrorism cases. We aim to explore that premise.
Topic:
Islam, Terrorism, and War
Political Geography:
United States

35. In Liberty's Shadow: US Detention of Asylum Seekers in the Era of Homeland Security

Publication Date:
01-2004
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
When I set foot on American soil, I had finally reached the land of liberty, the land of peace, and I had a strong feeling of gratitude toward the Most High who had allowed me to escape death and to reach a life of freedom…. After completing my statement [at the airport]…[an] officer arrived with handcuffs. Then he handcuffed my wrists, but I sincerely thought this was a case of mistaken identity. Later on he explained to me that this was the established procedure. We left for [a county] prison. They put me in a cell where it was really cold, and I had no blanket with me. The idea of a land of liberty was beginning to be cast into serious doubt in my mind.
Topic:
Security, Government, Human Rights, and Terrorism
Political Geography:
United States and America

36. Imbalance of Powers: How Changes to U.S. Law and Security Since 9/11 Erode Human Rights and Civil Liberties

Publication Date:
05-2003
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
This report examines a wide range of actions taken by the United States government over the last six months in response to the September 11, 2001 attacks on the World Trade Center and the Pentagon. It updates our report entitled “A Year of Loss” published in September 2002, on the first anniversary of the attacks.
Topic:
Government, Human Rights, and National Security
Political Geography:
United States

37. A Year of Loss: Reexamining Civil Liberties since September 11

Publication Date:
08-2002
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
On the morning of September 11, men now believed to be members of the al Qaeda network forcibly took control of four commercial jetliners to attack the United States. Within minutes, 19 hijackers crashed two of those planes into the Twin Towers of the World Trade Center, one into the Pentagon, and a fourth into a field in Pennsylvania, killing more than 3,000 people.
Topic:
Human Rights, International Law, and National Security
Political Geography:
United States and Pennsylvania