WHEN CAN REFUGEES BE KEPT OUT OF THE U.S. ON SECURITY AND OTHER GROUNDS?

A number of misconceptions have marred recent public debates on the prospect of admitting more Syrian refugees to the United States in light of the current Syrian refugee crisis. In particular, concerns over the potential terrorist threat posed by this population have been exaggerated. For one thing, the so-called Islamic State has been far more interested in bringing foreign fighters into Syria and Iraq to pursue palpable territorial stakes than in sending out operatives on improbable Al-Qaeda-style missions to the U.S. (Note that Islamic State-inspired attacks in Paris, France and in Garland, Texas were both perpetrated by homegrown -- respectively, French-born and U.S.-born -- terrorists.)

More importantly, the long and scrupulous U.S. refugees admissions process clearly presents the least efficient, least likely infiltration route for terrorist plotters. (It has been perceptively pointed out, for example, that it would be "far easier for terrorists to enter as tourists—or via smuggling networks.")

From a legal perspective, part of what makes this resettlement process (whether via U.N. referral or via family reunification) so arduous, besides its procedural and substantive complexities, is that it is particularly amenable to a patient and multilayered application (both formally by U.S. government agencies and informally by UNHCR and/or established voluntary organizations) of inadmissibility grounds (i.e., legal bases for keeping people out of U.S. soil). In the Syrian context, in particular, we can expect an especially strict application of the otherwise-overbroad inadmissibility ground of association with terrorism.

Nonetheless, waivers of inadmissibility might be available in limited cases. For more information on this and related legal issues, read my article on NOLO.COM.

ARTICLES ON SOMALI MIGRANTS

GPI LAW attorney Amien Kacou has a third piece published in the Georgetown Journal of International Affairs Online. The article focuses on the special difficulties faced by Somali migrants due to the unavailability of reliable official documents in their country.

Related articles published on NOLO.COM include the following:

• How do I prove I'm from Somalia so as to claim refugee status in the U.S.? (available here)
• Proving Foreign Marriage When Official Documents Are Unavailable (available here)
• Migrating to the U.S. From a Country With No U.S. Embassy or Consulate (available here)
• When Religious or Traditional Marriage Ceremonies Are Valid for Immigration Purposes (available here)

RECENT ARTICLES ON ASYLUM

The following articles were published in the past few months on NOLO.COM:

• Qualifying for Asylum Based on Persecution for Your Race (available here)
• Qualifying for Asylum Based on Persecution for Your Ethnic Group (available here)
• Qualifying for Asylum Based on Persecution for Your Religion (available here)
• Qualifying for Asylum Based on Persecution for Imputed Political Opinion (available here)
• Can Asylum Applicant Claim Discrimination as Persecution? (available here)

RECENT ARTICLES ON REFUGEE STATUS

The following articles were published last month (in February 2014) on NOLO.COM:

• How to Get a Referral to the U.S. Refugee Admissions Program? (available here)
• Can a Refugee or Asylee Lose Status Once Conditions Improve in Home Country? (available here)
• How Can Refugee or Asylee Help Family Come to the U.S.? (available here)
• Can refugee brother and sister come to the U.S.? (available here)
• Can refugee apply to adjust status after one year has passed? (available here)

ARTICLE ON REFUGEE MARRIAGE RECOGNITION

GPI LAW attorney Amien Kacou has a second piece published in the Georgetown Journal of International Affairs Online. The article argues in favor of relaxing the application of marriage recognition rules (and marriage registration requirements, in particular) to family relationship determinations in the case of refugees.