Legal Activists of Color: Anti-Terrorism Restrictions Eased - Duress Exception to Material Support Charges

Jan 12, 7:34 AM EST

Anti-Terrorism Restrictions Eased

By SUZANNE GAMBOA
Associated Press Writer

AP Photo/PABLO MARTINEZ MONSIVAIS

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WASHINGTON (AP) -- The Bush administration is shifting policy to allow foreigners who have aided armed groups not considered terrorists to seek asylum or resettle in the United Stat es.

Hundreds of foreigners already in the country - including some who have been held for months or years in detention - claim to have been forced to help violent groups. Many are fleeing violence from the groups they were forced to assist.

Tens of thousands of others, living abroad in refugee camps and elsewhere, also would be affected by the plan to ease restrictions set after the Sept. 11, 2001, terrorist attacks.

The applicants will have to show that they were forced to provide the support or did so "under duress" to be granted asylum or legal permanent residency. They must pass other intelligence and background checks as well.

Human rights, refugee and conservative groups drew media attention to refugee cases affected by the anti-terrorism laws following Sept. 11. The USA Patriot Act and REAL ID law, for example, prohibited asylum for a Sri Lankan fisherman who paid a $500 ransom to the Liberation Tigers of Tamil Eelam who had kidnapped him.

The policy changes "will take care of a number of the most heart-wrenching cases," said Paul Rosenzweig, acting assistant Homeland Security Department secretary for international affairs. "It will take care of, for example, the case of women caught in the civil war strife in Africa, who under threat of or actually after having been raped and threat of death, did laundry for the military opponents of her tribe."

Rosenzweig said the administration decided to shift the policies after struggling with the "unintended consequences" of anti-terrorism laws. The new policy was worked out by the Homeland Security, Justice and State departments. The restrictions don't apply to people who have helped groups such as al-Qaida.

In a related change, Secretary of State Condoleezza Rice could as soon as Friday waive the material support restrictions for certain ethnic groups, allowing them to come to the U.S. as refugees. Members of those groups already in the U.S. would be allowed to seek asylum or legal permanent residency. She issued similar waivers in May and October for resettlement of Karen refugees from Myanmar who have been living in refugee camps in Thailand.

Ethnic groups that could benefit from the latest round of waivers would include the Karen in the Tham Hin refugee camp in Thailand whose villages were burned and whose members endured rapes and forced labor.

Rice's action will assist other ethnic groups who resisted the Myanmar military, such as the Chin, and extend help to two older organizations, the Mustangs, a Tibetan group and alzadas of Cuba, as well as the Hmong and Montanards, southeast Asian ethnic groups that assisted the U.S. in Vietnam.

Rosenzweig said the administration also is proposing legislation to change a law that prohibits people of certain ethnic groups who participated in armed combat from seeking asylum or legal status. The law has separated some families because a father might have used arms to defend a family. While the family members could apply to resettle in the U.S., the father could not.

"We're convinced after working this very hard, this will not create any appreciable risk to the national security or homeland security of the United States and at the same time allow us to provide the traditional humanitarian relief that the United States is known for," he said.

Eleanor Acer, director of refugee protection for Human Rights First, said the changes would still leave many refugees at risk.

"If indeed DHS does finally set up a process for refugees to be exempted from these provisions, it will be a welcome step forward. It is, however, a long overdue step - and a step that fails to cover many of the most vulnerable refugees," Acer said.

---

On the Net:

Homeland Security Department: http://www.dhs.gov

Secretary of State: http://www.state.gov

Human Rights First: http://www.humanrightsfirst.org/

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You are receiving this email from South Asian American Leaders of Tomorrow because you purchased a product/service or subscribed on our website. To ensure that you continue to receive emails from us, add saalt@saalt.org to your address book today. If you haven't done so already, click to confirm your interest in receiving email campaigns from us. To no longer receive our emails, click to unsubscribe.

The SAALT Connection - An E-Newsletter on South Asian Community Issues

January 2007

In This Issue

SAALT welcomes new members!

Action Alerts and Policy Updates

SAALT in the Community: Bay Area; DC Area; Chicago; New Jersey

Special News for New Jersey South Asians

Job/Internship Opportunities at SAALT

SAALT Welcomes New Board Member

South Asian American Leaders of Tomorrow (SAALT) is a national, non-profit organization dedicated to fostering full and equal participation by South Asians in all aspects of American civic and political life through a social justice framework that includes advocacy, coalition-building, community education, and leadership development. The SAALT Connection is a monthly e-newsletter with information about policy issues and community news.

SAALT welcomes new members!

SAALT is pleased to welcome 50 members into the SAALT community since December 2006. SAALT members receive our annual print newsletter, discounts to our events, and are invited to participate in a conference call with SAALT's Executive Director and Chair of our Board of Directors.
Joining SAALT enables you to be part of an organization that is advocating on issues affecting South Asians, and to be connected to a broader social justice movement in America. So join the movement and become part of SAALT today! Simply click here to join today.

Action Alerts and Policy Updates

Below are action alerts regarding recent incidents and enforcement measures against members of the South Asian community. Also included is a brief policy update on comprehensive immigration reform, updates to filing your address changes with the immigration service, and the material support of terrorism bar.

Owner of Restaurant in New York Violently Assaulted

On December 23, 2006, one of the owners of Leela Lounge in NYC, was violently attacked at the popular Indian restaurant located in Greenwich Village in Manhattan. The incident occurred at a holiday party when the owner and a co-worker were severely beaten by a group of customers, during which racial and ethnic slurs were directed towards at least one of the victims. Both victims suffered multiple injuries. Five individuals have been arrested as a result of the attack and are currently facing criminal charges for violent gang assault. The accused are scheduled to appear in court on February 20, 2007. To learn more, click here for a press release by the South Asian Journalists Association (SAJA).

Members of SAALT have been active in responding to the attack, including participating on a task force in New York City created as result of the incident. SAALT urges the South Asian community to condemn the attack and call for a full prosecution of the case.

The taskforce in NYC suggests the following actions that we can all take in response:

1) Step forward as a witness. Please call the New York Police Department at 212-335-9000 and state that it is in reference to People of the State of New York v. Anthony Diblasio et al. Docket #2006NY087241-244, Docket #2006NY087219.

2) Contact the District Attorney's office. Ask the District Attorney to ensure full prosecution of this case and oppose any plea bargains. Letters should be addressed to: Hon. Robert M. Morgenthau, District Attorney, One Hogan Place, New York, New York, 10007. Or call 212-335-9000. Please state that it is in reference to the case number listed above.

3) Pack the courtroom and spread the word. If you are in the New York area, come out to Manhattan Criminal Court (100 Centre Street, Part F, 9:30 am) on Tuesday, February 20, 2007 to pack the courtroom with other members of the community to show your support.

Pakistani Family Arrested and Detained in Queens as Intimidation

One of SAALT's community partners, Desis Rising Up and Moving (DRUM), is actively leading the effort against the arrests and detention by Immigration and Customs Enforcement (ICE) of a Pakistani immigrant family in Queens, New York. At 5:30 a.m. on January 9, 2007, at least ten ICE officers violently arrested three members of the Siraj family (father, mother, and 19-year-old daughter) from their home. The arrests occurred less than 12 hours after their 24-year-old son, Shahawar Matin Siraj, was sentenced to prison on terrorism-related charges in a highly publicized case. The family had been active with DRUM and had spoken out against racial profiling and possible legal irregularities in their son's criminal case.

The father has an asylum application currently on appeal in federal court. No other family member has any immigration cases or removal orders issued against them. Despite the pending appeal, ICE officials have reported that the family was arrested on immigration-related charges and that their asylum case had been denied. All three family members were being detained at Elizabeth Detention Center, in Elizabeth, New Jersey, where the father was separated from his wife and daughter. Both parents have serious medical conditions that require constant care and medication. The Immigration Judge in their case has set the bond at an unusually high level of $20,000 for the mother and $15,000 for the daughter.

South Asian and civil rights organizations and members are concerned by the timing and the method of ICE's arrest of the family. DRUM has been spearheading the effort to raise awareness of this incident and SAALT has brought the issue to the national level. Here is what you can do to take action and express your concern.

1) Send a letter of support. DRUM is currently seeking letters of support from organizations and individuals - contact Fahd Ahmed, DRUM (940) 391-2660 for more information.

2) Demand proper treatment. You can call Warden Charlotte Collins at Elizabeth Detention Center, at 908-352-3776, to demand that (a) they provide urgent medical care and medication for the mother and father, and (b) that the Siraj family be kept together, particularly the mother and daughter not be separated, and, (c) to pro-actively facilitate direct communication and visitation between the family and their son.

Comprehensive Immigration Reform a Priority in 110th Congress.

With a new Congress now in session, immigration reform has already become one of its major priorities. The Senate recently committed to addressing immigration within its first ten bills. Sen. Edward Kennedy (D-MA), who is the chair of the Senate Judiciary Immigration Subcommittee, has begun drafting legislation, which will likely include an earned legalization program, eliminate the three-tiered system for legalization, and begin to clear the visa backlogs. The House is expected to consider the issue sometime in April. As Congress prepares to consider immigration, SAALT will send updates about proposed legislation.

Update on Material Support to Terrorism Bar

As we mentioned in our last e-newsletter, certain immigrants fleeing persecution - including some from Sri Lanka and Nepal - have been barred from obtaining asylum in the U.S. and other immigration benefits due to a legal provision known as the "material support of terrorism” bar. This bar denies relief to individuals solely because they aided rebel groups in the home country - even if they were forced to do so under duress and were themselves victims of the rebel groups.

In a press release issued on January 19, 2007, DHS Secretary Michael Chertoff declared that the material support bar would not apply to those who aided certain Burmese, Cuban, and Tibetan rebel groups nor to those who were coerced into providing "aid." This represents a substantial step towards preserving the rights of those seeking asylum and we thank those of you who participated in Human Rights First's campaign to ask President Bush to reconsider this bar. However, this recent move by the administration does not go far enough to cover all victims of violent rebel groups - click here to learn more about the issue.

Changes to Change of Address Filings

All non-citizens in the United States and individuals with pending immigration cases are legally required to keep USCIS informed of any change of address within 10 days of their move by completing an Alien Change of Address Card (Form AR-11). USCIS is now implementing the first phase of an online system through which individuals can submit their address changes. Visit USCIS for more information about the new process.

SAALT in the Community: Bay Area; DC Area; Chicago; New Jersey

Bay Area:

Narika, a Bay Area domestic violence organization, is looking for volunteers to help with an immigration clinic Narika and API Legal Outreach are hosting every second Sunday for 6 months for South Asian communities in the area. You do not need to be a legal expert to volunteer.

Please e-mail Rima Chaudry, Narika’s Outreach Coordinator at rima@narika.org if you are interested.

Join the Bay Area Working Group to get involved in other community activities. For more information on how to get involved in the Bay Area Working Group or to join the Bay Area South Asians listserv, please contact Arefa Vohra, SAALT Advocate for Community Empowerment, at arefa@saalt.org.

DC Area:

SAALT Executive Director, Deepa Iyer had an opportunity to speak on a panel of representatives at the Guru Nanak Foundation of America in Silver Spring, MD earlier this month. This event was coordinated by American Friends Service Committee and issues of comprehensive immigration reform and immigrant rights were discussed.

We will be continuing our Local Outreach efforts in the new year and are looking for volunteers to conduct outreach at South Asian places of worship in Virginia and Maryland. If you are interested, please e-mail us at saalt@saalt.org with the subject headline, "DC Local Outreach."

A listserv has been created that connects local South Asians in the DC area and individuals who are working on local projects. To join the Washington DC Area listserv or to get involved, e-mail Arefa Vohra, SAALT Advocate for Community Empowerment at arefa@saalt.org.

Chicago:

In Chicago, a number of SAALT Community Liaisons and members have joined together to discuss ways to get involved in the area, connect with other South Asians on issues of concern, and work on a local Chicago webpage on the SAALT website as well as an electronic newsletter.

If you would like to get involved with SAALT in the Chicago area, please contact SAALT Community Liaison Mona Banerji at banerji_anita@hotmail.com.

Regional Webpages:

SAALT recently developed regional webpages in areas that we have been working with local community groups and community members. Two regional webpages are currently on our website which feature the SF/Bay Area and New Jersey. These webpages have information on the local South Asian community, ways to get involved, information on community resources and local organizations to contact. You can find the regional webpages here.

If you would like to send us information to include in these webpages or would like to get one started about your area, send us an e-mail at saalt@saalt.org with the Subject Headline: "Regional Webpages". We look forward to hearing from you.

Special News for New Jersey South Asians

SHARE YOUR STORY AS AN IMMIGRANT: SAALT CALLS FOR COMMUNITY VOICES

As the South Asian community in New Jersey strengthens and grows, we are working on a project to highlight the rich diversity of South Asians in New Jersey. We ask you to share your personal experiences as an immigrant in New Jersey. Stories can include information about your point of entry into New Jersey, barriers you have overcome, challenges you may face and anything else that is important to you.

This is an opportunity for you to be creative so please feel free to use pictures, paintings, videos, etc. to express your story! Contact reema@saalt.org if you have any questions or would like more information on the project.

UNDERSTANDING COMMUNITY NEEDS IN NEW JERSEY

SAALT will be administering a brief community needs survey in January 2007. We will be taking surveys in the Edison/Woodbridge, Jersey City and Paterson areas on the streets as well as at religious centers. Please help us better understand the needs of the South Asian community by volunteering your time to administer the survey. Contact reema@saalt.org to volunteer or learn more about the survey.

Job/Internship Opportunities at SAALT

Outreach and Volunteer Coordinator Position Available at SAALT Office in Maryland
About the Position
The Outreach and Volunteer Coordinator will assist SAALT in meeting our goals to improve the lives of South Asians through community education and coalition-building. The Outreach and Volunteer Coordinator will be responsible for:

Working closely with SAALT’s local volunteers and members to identify appropriate outreach activities to empower the South Asian community
Developing culturally and linguistically accessible community education materials for South Asian immigrants
Convening dialogues in local DC metro area with emphasis on Maryland
Conducting a needs assessment of South Asians in local area, with emphasis on Montgomery County and Prince Georges County in Maryland
Developing partnerships with local organizations and community partners

This is a unique opportunity for individuals interested in conducting projects and activities to assist South Asian immigrants, and in learning about the non-profit sector. Please note: this is a full-time position funded by the Americorps VISTA program. The program provides a monthly living allowance and health insurance benefits. More information about the Americorps VISTA program is available at the Americorps website.

Qualifications

BA required; applicants should be reliable, responsible, self-starters
Exceptionally strong verbal and written communication skills
Ability to meet and set deadlines; ability to attend evening or weekend meetings
Strong and demonstrated commitment to social justice
Understanding of local South Asian community; ability to travel in area
Experience in planning, implementing and evaluating community projects
Familiarity and/or willingness to learn about immigration and civil rights issues
Familiarity and/or willingness to learn about immigration and civil rights issues
Proficiency in a South Asian language preferred
Strong team player, familiar with team dynamics and willing to work in a team environment

Compensation
This is a full-time position funded by the Americorps VISTA program. The program provides a monthly living allowance and health insurance benefits.
To Apply
Please send a resume and letter of interest to Deepa Iyer, Executive Director, in one of two ways:
Mail to 6930 Carroll Avenue, Suite 400L Takoma Park, MD 20912
Email saalt@saalt.org with the subject line “VISTA Outreach Coordinator Application”.
Deadline: We are accepting applications on a rolling basis with a potential start date of February 1, 2007.

SAALT seeks Spring and Summer Interns for 2007

South Asian American Leaders of Tomorrow (SAALT) seeks law students, graduate students, and college students to assist with SAALT’s programs to increase civic engagement by South Asians. SAALT seeks interns in the Washington DC area to serve as:

Policy Interns:
Can be current law students with an interest in immigrant/civil rights issues; graduate or undergraduate students with awareness of the South Asian community; excellent research and writing skills.

Programmatic Interns:
Can be current undergraduate students or individuals with awareness of the South Asian community; have good organizational, and verbal and written communication skills;

Fundraising/Development Interns:
Should possess work experience and or skills related to fundraising, development, coordinating events, and have an interest in non-profit sustainability.

We seek full-time and part-time interns. We accept academic or course credit. Please note: SAALT’s office is located in Takoma Park, MD, about three blocks from the Takoma Park stop on the metro.

HOW TO APPLY:
Please email a resume and brief statement of interest (cover letter) to saalt@saalt.org with "Spring DC Internships" as soon as possible and for “Summer DC Internships” in the subject line by May 15th.

SAALT Welcomes New Board Member

SAALT welcomes Ambreen Ali as a new member of our Board of Directors.

Ambreen Ali is a master's candidate at Northwestern University's Medill School of Journalism. She is studying new media journalism and is interested in pursuing international or community-based journalism that works to create awareness of underrepresented issues and people.
Prior to beginning her master's in January 2007, Ambreen was the communications associate of the National Committee for Responsive Philanthropy. There she served as the editor of Responsive Philanthropy, a quarterly journal and redesigned the organization's publications and layouts.
Ambreen graduated from the University of Washington Business School with college honors and served as a program associate for Catholic Community Services' Youth Tutoring Program in 2004. In 2005, she spent three months in Karachi, Pakistan, where she worked for The Citizens' Foundation, South Asia's largest non-governmental organization. After a freelance trip to the earthquake-affected regions of Pakistan and Kashmir, Ambreen's work appeared in World View, Glimpse Quarterly, Woman International, PakCast, and Newsline, as well as her self-published Web log.