Broken Promises and Lost Dreams: Navigating Asylum in the United States

Nearly 65 million people around the world have been displaced by war, conflict, and persecution since 2014 (UNHCR; United Nations High Commissioner for Refugees, 2015). This yields an average of 42,000 people refugees, asylum seekers, or internally displaced every day. Displacement has adverse and disruptive consequences, including mental health problems (e.g., anxiety, depression), impaired interpersonal relationships, and heightened conflict. These consequences are compounded by profound ambiguity associated with navigating asylum in the United States. In this article, we describe the treatment of a couple from Syria who is seeking asylum in the United States. Informed by personal and professional experience, this case illustrates how ambiguous loss theory and awareness of relevant legal processes enhance our understanding of working with asylum seekers.     

Refugee movements and Turkey

There has been a long tradition in the Ottoman Empire and the Turkish Republic of receiving refugees. There were Jewish refugees from the Spanish Inquisition, Hungarians and Poles fleeing revolts in 1848-9, and those of Turkish descent and usually from the Balkans. Concurrent with this trend is the history of refugees and immigrants leaving Turkey, such as many Armenians, Greeks and Jews leaving at the turn of the century, and after 1923 and the Treaty of Lausanne. Little is currently published on the topic. This article defines a refugee; provides an overview of the refugee problems of the 1980's due to Bulgarian, Kurdish, and Turkish refugees; and the legal and political aspects. As a country of origin, there is discussion of the political and economic aspects of Turkish asylum seekers in Europe. The potential refugee flows to and from Turkey are also examined. I) For this study, refugees are victims of political violence and are persecuted for political or religious beliefs, ethnic or racial background, or war. In Turkey, there are national refugees, international refugees outside the Convention, and UNHCR Convention refugees. During the 1980's all 3 groups were arriving: from eastern Europe, Iranian Kurds, Iraqis, and ethnic Turks from Bulgaria and Afghanistan. The Turkish restricted acceptance of the 1951 Convention on Refugees creates serious humanitarian and security consequences for refugees other than those from eastern Europe and of Turkish ethnicity. Political considerations play an important role in treatment where security threats outweigh humanitarian need. The case is given for Kurdish refugees. II) Asylum seekers from Turkey in Western Europe was determined between 1986-90 to be 185,000 from applications. These figures have risen steadily due to the political instability and military activity of areas bordering Iraq and Syria, the Emergency Region. In addition there are economic and employment problems, and there has been a suspension of human rights. Europe in return has tightened legislation and procedures to differentiate economically motivated refugees from authentic political asylum seekers. Further research is needed to investigate refugee problems. Further refugees may come due to the promotion of a Black Sea Cooperation Region and easier crossings of borders to the former Soviet Republics. Ethnic Turks in Moldavia or Romania or Bulgaria may leave due to unrest. Factors affecting asylum seekers are improvements in Turkey's human rights record, repeal of bans of the Kurdish language, completion of the South Eastern Development Project, and the European government policy on asylum.     

Responses of the social work profession to unaccompanied children seeking asylum in the Republic of Ireland

The Republic of Ireland is rapidly developing immigration legislation and policies to respond to its relatively new status as a destination for asylum seekers and refugees within the European Union. New political definitions of asylum seekers and refugees are being constructed in a country with its own history of mass emigration. At the same time, the economic growth that is making Ireland a more attractive destination for asylum seekers and refugees has also fuelled an unprecedented expansion in the employment of social workers. Specialized services are now being developed for unaccompanied children who are seeking asylum. This expansion in the number of social workers and growth in service provision has led to little professional debate about the role of social workers with asylum seekers and refugees. This paper examines the questions raised by the provision of social work services to these children and considers the wider implications for the development of the social work profession and social work practices in Ireland.     

TESTIMONIO AND SPACES OF RISK

Asylum seekers and refugees tend to be marginalized in physical and discursive spaces, especially in times that are orchestrated as socially, politically, financially and environmentally risky. This article explores the interrelationship between genre and social space from the perspective of asylum seekers and refugees, and how refugees and asylum seekers in the USA, Germany and Hong Kong exposed spaces of risk through testimonio (testimonio is a genre term used throughout the paper and will be explained later). Asylum seekers and refugees testified to social practices like lengthy asylum processes, immobility, criminalization of asylum seekers, or distrust by locals in virtual space and in face-to-face encounters. Testimonio, thus, reflected on social practices and through this reflection, exposed spaces of risk that threatened the well-being of forced migrants. However, asylum seekers did not dwell in those spaces of risk. By publishing testimonios in virtual environments, some asylum seekers became agents of their biographies and created spaces in which they could voice themselves on their own terms.     

A new asylum law for the KRI and Iraq: Reality or wishful thinking?

Despite having its own internal population displacement due to conflict and civil war, Iraq and the Kurdistan Region continue to accommodate large numbers of refugees from Iran, Palestine, Syria and Turkey. However, Iraq has not ratified the internationally recognized legal framework for the protection of refugees. Currently, the protection offered to asylum seekers in Iraq is regulated by secondary legislation, mostly in the form of administrative circulars. The lack of an applicable law regulating the status of asylum seekers has led to local-level ad hoc policy implementation. Similarly, the Kurdistan Region of Iraq has no legal provisions in its domestic legislation to regulate the status of refugees. This study presents: (a) the argument that Iraq must adopt legislation to regulate the entry, exit and stay of migrants, in line with international protection for both asylum seekers and the provision of adequate rights to refugees, and in accordance with international human rights standards; (b) a proposal for provisions for such legislation in Iraq; and (c) a timely impetus to re-energize local strategies aimed at filling these normative legal gaps through domestic agreements rather than regional and/or international ones.     

Lost in the System? Disabled Refugees and Asylum Seekers in Britain

This short paper calls for greater awareness of disabled refugees and asylum seekers living in Britain. Currently, policy makers, many refugee communities and the disability movement fail to consider disabled refugees and asylum seekers, perhaps because they constitute a minority about whom data are rarely available. Focussing on the particular combination of circumstances affecting disabled refugees and asylum seekers, this paper presents recent changes in support arrangements for refugees and asylum seekers. The paper also calls for greater involvement in refugee issues by the disability movement.     

A comprehensive review of refugee and asylum studies in contemporary Hong Kong: Law,policies, and lived experiences

This review covers 46 research studies from 2007 to 2019, which examine the inflow of asylum seekers and refugees in Hong Kong after the Vietnamese refugee influx in the early 2000s. By analysing existing research studies, the authors summarise three themes, namely refugee law, asylum policies,¹ and lived experiences of refugees and asylum seekers, on refugee and asylum studies in contemporary Hong Kong. While further research is needed, scholars can examine the potential possibilities of the legal reform of statutory insufficiencies, the development trajectory of asylum policy instruments with a more appropriate framework, and the protection mechanism of refugees’ and asylum seekers’ children.     

User involvement and empowerment among asylum seekers in Norwegian reception centres

A considerable amount of literature has been published on conditions in reception centres for asylum seekers. The previous studies show that the life of residents in the centres is characterised by uncertainty, passivity, powerlessness and gradual disqualification. Drawing from data collected from asylum seekers and service providers in Norwegian reception centres, this article examines the tools used to counteract these processes. The article maintains that organised activities, such as language courses and user involvement in the form of cooperative councils, have an impact on the empowerment of asylum seekers. However, user motivation for participation and involvement in these arrangements is undermined, due to residents' responses on factors which operate both at the structural and relational level. The findings and questions raised in the article have wider implications for social work with asylum seekers in other European countries, as well as for current efforts being made by EU countries to regulate reception conditions for asylum seekers. Among other things, the authors relate their findings to reception standards as defined in the EU Directive on Reception Conditions for asylum seekers.     

Asylum Policies, Trafficking and Vulnerability

This article is located at the intersection of three recent debates on asylum in Europe: the efficacy of asylum policies; the trafficking of asylum seekers, and their growing vulnerability. Most commentators agree that there are relationships between these three debates, but the nature of those relationships remain unclear. Yet the need properly to understand the nature of these links has become especially pressing in the context of a raft of new policy initiatives on both asylum and trafficking, and concerns for their consequences for asylum seekers. At least part of the reason for this lack of clear understanding is significant gaps in empirical research. This article begins to fill some of these gaps, and in so doing to unpick some of the relationships between asylum policies, trafficking and vulnerability. It focuses on the experiences of asylum seekers in Europe, thus presenting a "bottom up" perspective on trafficking and asylum policies. The findings are derived from research among Iranian asylum seekers in the Netherlands, conducted between 1994 and 1996. The article discusses some of the reservations that surround this approach, including methodological issues such as trust, and the difficulties of applying more widely a narrow case study. Within the context of these reservations, it draws three main conclusions. First, empirical evidence to support the view that increasing proportions of asylum seekers are being forced to turn to traffickers in order to negotiate restrictive asylum policies. Second, the ways in which trafficking is exposing asylum seekers – including at least some "genuine" refugees – to new forms of vulnerability. Third, that direct links exist between asylum policies, trafficking and vulnerability, and that the blame for growing vulnerability lies more with asylum policies than with traffickers or with asylum seekers themselves. Finally, these empirical conclusions are targeted on a series of policy implications.     

From Refugees to Forced Migration: The UNHCR and Human Security1

Within UNHCR, there has been a shift in the emphasis on the meaning of protection. Protection of refugees is now primarily defined as security of refugees and refugee operations rather than in terms of the legal asylum process. The article examines the significance of UNHCR placing the refugee issue within both the larger context of forced migration as well as within the context of human security. The paper clarifies and documents a current and general focus of forced migration that includes the internally displaced as well as refugees and offers a framework for comprehending and dealing with the refugee problem that has shifted focus to the security dimension.     

Restricting asylum: Trends and prospects

The dramatic rise in asylum applications in industrialized countries during the last decade has resulted in the development of an increasingly restrictive asylum regime. The tools these countries have devised for containing and deterring asylum claims—the concepts of Safe Countries of Origin and Safe Third Countries, Manifestly Unfounded Applications, and numerous administrative measures which act as barriers to entry—are targeted specifically at nationals of countries most likely to produce refugees. Additional pre‐entry measures attempt to make the asylum route as difficult as possible through the use of visa requirements and carrier sanctions. For those asylum seekers who manage to make the journey despite these obstacles, the administrative evaluation of their claims is accelerated, the legal procedures shortened, and the opportunities for appeal reduced. In addition, governments are increasingly resorting to bilateral agreements to ensure the readmission of rejected asylum seekers into the countries from or through which they came. The implementation of these measures in many European countries—but also in North America and Australia—are already well on their way, and the trend toward harmonizing these restrictionist responses is likely to continue. Policy makers need to be reminded of the risks of their policies for the basic tenets of asylum and refugee protection.     

The right to stay: challenging the policy of detention and deportation

The aim of this article is to shed light on the situation of refugees (formally designated as asylum seekers) and undocumented migrant workers, who are among the most vulnerable inhabitants of Europe. Both groups face the threat of detention and deportation. The normative framework, which consists of legal standards and residential institutions, will be critically examined. Despite international standards for respecting the human rights of refugees and undocumented workers, policies of detention and deportation and the mass rejection of asylum claims leave little hope for the empowerment, autonomy and social inclusion of these persons. Instead of a straight-forward argument for closing down all detention centres and putting an end to forcible deportations, the article investigates small scale structural possibilities for inclusive – non-selective – responses to these non-citizens.     

Do asylum seekers and refugees choose destination countries? Evidence from large‐scale surveys in Australia,Afghanistan, Bangladesh,Pakistan and Sri Lanka

Some literature depicts refugees as more passive than active when selecting a destination country. We draw on surveys of over 35,000 people in Afghanistan, Bangladesh, Pakistan, Sri Lanka and Australia, to show that most potential asylum seekers and refugees of Hazara, Rohingya, Muslim and Tamil backgrounds prefer some destination countries over others and that many refugees from these groups surveyed in Australia specifically had Australia in mind as a destination country. We show how Australia's asylum seeker policy was a key reason why many refugees chose Australia in 2011 and 2012 and that subsequent restrictive asylum seeker policy changes appear to be reflected in potential asylum seeker considerations in 2014. We find that despite the restrictive asylum seeker policy changes, perceptions of Australia as a highly functioning civil society, relative to other potential destination countries, may explain why Australia remains a country of choice for asylum seekers from west and south Asia.     

Hunger: The Silent Epidemic Among Asylum Seekers and Resettled Refugees

Refugees and asylum seekers face challenges after arriving in a host country. They carry the trauma that they may have experienced in their countries of origin, during fight, and in countries of asylum. Other stressors impact on their adjustment after arriving in the United States including basic needs such as food, clothing, and shelter. This is a retrospective review of data collected as part of a needs assessment by a program, which serves survivors of torture and refugee trauma. Asylum seekers (n=65) and refugees were compared (n=30). Asylum seekers were more apt to be from Africa (p<.001), need family reunification (p=.027), speak more languages (p<.001), suffer from political persecution (p<.001), move from place to place due to not having a permanent place to live (p=.031), and be unable to contribute to the rent (p<.001). Unadjusted, asylum seekers were also more likely than refugees to have gone to bed hungry in the previous two weeks (p<.001) or since arriving in the United States (p<.001). Refugees were more likely to be eating more food now than before feeing, and asylum seekers the opposite (p<.001). Being an asylum seeker made one 3.7 times more likely to suffer from food insecurity than being a refugee, and 5.3 times more likely to not have work authorization. Among asylum seekers, adjusting for gender, age, education, lack of permanent housing, English fluency, and self-reported health status, not having work authorization made one 5.6 times more likely to suffer from hunger. Independently, being a torture survivor made one 10.4 times more likely to suffer from hunger. Asylum seekers must wait 150 days before applying for asylum in the United States. For humanitarian reasons, mandatory-waiting periods for work authorization for asylum seekers should be eliminated.     

Are You A Terrorist? Comparing Security Screening for Iraqi Asylum Seekers in the United States and Sweden

How can countries balance demands for national security while remaining committed to humanitarian protection? In 2016, the United States and European Union agreed to resettle significant numbers of refugees. Some politicians, including President Trump, argued that refugees are a security threat, even though there are few refugees connected to terrorism. This article investigates how the United States and Sweden screened for terrorism with Iraqi asylum seekers from 2003‐2013, in order to discover how states balance protection and security. This study finds significant policy convergence in three areas (security checks and databases, interagency cooperation, and safety valve programmes), but retains different definitions of terrorism. Policy convergence was driven by international law, UNHCR guidance notes, and international conferences. The study concludes by discussing the policy implications for “extreme vetting” and the use of future safety valve programmes.

Policy Implications

• From 2003‐2013, both the US and Sweden added new security checks, databases, and interagency cooperation. One lesson is that in response to perceived security threats, states often add new layers of bureaucracy and technologies, resulting in slower, more burdensome processes.
• To overcome these barriers, both the US and Sweden created safety value immigration programmes to relieve the pressure from overwhelming demand from Iraqi asylum‐seekers. Policymakers should consider the strategic use of safety valve programmes to speed up processing, allocate additional resources, and provide temporary protection without revising the wider immigration systems.

     

Responsibility for examining an asylum

Parallel to the influx of asylum seekers during the 1980s, xenophobic tendencies have been witnessed in certain Western European countries. While directed at all foreigners, these tendencies sometimes have led to restrictive practices or methods which include both denying that asylum seekers qualify as refugees, so they may be sent home more easily, and shifting the responsibility for examining asylum claims to other countries. An analysis of the increasingly restrictive practices regarding the granting of asylum and the concept of a refugee is a complicated task, which requires a detailed investigation of the jurisprudence in a number of countries. This article, however, will not concentrate on an analysis of jurisprudence regarding asylum but rather on the tendency of various states to shift the responsibility for examining asylum requests to another country.     

Immigrants,Refugees and Asylum Seekers

Abstract

This article reviews policies and services related to immigrants, refugees and asylum seekers in the U.S. Definitions of immigration categories are provided to clarify the context in which services operate. Particular attention is given to issues that are unique to populations of the Southwest. Historical information on this region is offered; immigration trends and recent statistics are presented. The article is based on published data; field interviews with personnel in selected immigrant and refugee serving social agencies are used to compliment the literature. The authors highlight the social consequences of the global phenomenon of migration, whether motivated by economic or political realities. Recommendations for those who serve immigrants, refugees and asylum seekers are offered.     

‘Taking advantage’ or fleeing persecution? Opposing accounts of asylum seeking

This paper discursively analyses advocates' explanations of asylum seeking in the 2001 Australian parliamentary debates. Previous research has mapped the negative discourses used to present asylum seekers as economic migrants ‘taking advantage’ of soft laws. This paper analyses how advocates oppose this rhetoric, re‐categorising asylum seekers as potential refugees, and establishing Australia as legally and morally responsible for providing protection. This paper examines three influences shaping advocates' arguments: opposing anti‐asylum seeker rhetoric; theories of the formation of anti‐asylum seeker public opinion; and the parliamentary and wider liberal democratic intellectual political framework. It then analyses four extracts taken from political speeches in the parliament, focussing on the rhetorical strategies used to counter a pervasive ‘culture of disbelief’ against asylum seekers.     

Iraqi refugees in Jordan: lessons for practice with refugees internationally

Asylum seekers, refugees who are resettled in third countries or those who are forced into refugee camps, present new challenges to social work practitioners. In an attempt to advance theory and develop specialised practice in the area of refugee studies within social work as an international profession, we argue that whatever the flight context, the country of asylum or of resettlement, there is a process underlying what Malkki referred to as refugeeness. This article focuses on the situation of Iraqi refugees in Jordan as an example of the challenges that confront today's refugees. We show that salient issues raised in a local community centre's needs assessment mirror those elements that are central to integration processes that have been discussed in much of the refugee studies literature across the world. We show how these concerns are closely linked to processes that resettled refugees and asylum seekers face, regardless of the country of resettlement. We introduce a framework for analysing an individual refugee's situation and show how an international phenomenon is linked to local practice.     

Protecting Women Asylum Seekers and Refugees: From International Norms to National Protection?

Little attention is paid in most national asylum policies and legislation to the specific position of female asylum seekers, and to gendered aspects of refugee and asylum situations. Further, even in those countries that have adopted asylum legislation to specifically address the question of women asylum seekers and victims of gender specific persecution, problems still remain in the implementation of these policies and in the full recognition of persecutions specific to women. Whilst the issue of protection of women victims of this type of violence have been put on the international agenda, at least to some extent, through directives on the defence of women’s human rights and on the protection of female refugees and asylum seekers, the international norms which have thus been created have been implemented unevenly and unequally in different national contexts. This article seeks to analyse the extent to which national asylum legislation and policies have integrated a concern with the protection of women victims of gender specific forms of persecution, and how effective this implementation has been. The article will engage critically with existing accounts of global norm creation to examine the uneven diffusion and implementation of norms on the protection of female refugees, pointing to the importance of discursive opportunity structures open to actors in mobilising around these issues at local and national levels. It will also argue that even where policies and legislation dealing specifically with women refugees and asylum seekers do exist, they may not actually address some of the important insecurities facing these women because of an approach that does not fully comprehend and act upon gendered structures and relations of power.