STATELESS APPLICANTS AND VISA PROCESSING

UNCLAS SECTION 01 OF 02 CHIANG MAI 000106 SIPDIS SIPDIS FOR CA/VO, CA/EX, EAP/MLS E.O. 12958: N/A TAGS: CVIS PGOV PHUM PREF TH SUBJECT: STATELESS APPLICANTS AND VISA PROCESSING CHIANG MAI 00000106 001.2 OF 002 ¶1. SUMMARY. By virtue of Thailand's large stateless population and Consulate General Chiang Mai's location near the Lao and Burma borders, visa officers here handle dozens of applications annually from those without a passport or evidence of citizenship. This cable discusses the Consulate's experience with such individuals and how the added dimension of statelessness impacts consular work. Septel will explore the political issues surrounding the growing number of stateless people in Thailand. End Summary. ¶2. Thailand is home to one of the world's largest populations of stateless people, with its border regions filled with refugees, political exiles, migrant workers, and ethnic minorities unable to secure citizenship in Thailand. Thailand's stateless groups include both ethnic hill tribes whose families have lived in Thailand for generations but did not or could not register for citizenship at birth, as well as more recent arrivals from Burma and other countries fleeing political or economic instability. Of the estimated 1-2 million stateless people currently in Thailand, two relatively small elements regularly seek visas to the United States through the Consulate: ethnic hill tribe members wishing to visit relatives who emigrated to the United States and exiles from Burma headed to meetings with U.S.-based organizations. ¶3. These two groups produce 30-40 NIV applications each year - a relatively small number, but because of their complexity and the consular section's small staff, they are an important aspect of the overall workload. Consular officers must be familiar with the political issues that cause statelessness and the complex color-coded system the RTG uses on national ID cards and housing registration booklets. The color of these documents - presented by applicants during visa interviews - indicates the level of citizenship of the holder, and anything other than standard "ethnic Thai, full citizen" colors can signify restricted movement outside of a home village or restricted rights in other areas. Burma Exiles ¶4. Northern Thailand is home to many leaders in the Burma exile community. Groups such as the ethnic Karen National Union, human rights advocates Assistance Association of Political Prisoners, and non-political Mae Tao medical clinic operate with tacit RTG approval on Thai territory. Several of these exiles travel for meetings with the USG, Congress, UN, and other Burma interest groups, sometimes on short notice. Many are high-profile recipients of humanitarian awards, such as Mae Tao medical clinic founder Dr. Cynthia Maung, who media reports often describe as "Southeast Asia's Mother Theresa." Managing the sensitive nature of these visas has become an important part of the consular section's operations. ¶5. The RTG, wishing to avoid publicity over the existence of so many activists opposed to the government of a country with which it shares an 1,800 km-long border, offers some protection to these groups. But this protection is not always communicated effectively to local Thai law enforcement officials, who might detain or arrest those traveling from the border to the Consulate for their visa interview. In addition, Dr. Cynthia and many others hold only expired, altered or forged Burmese passports. These invalid documents are sometimes sufficient enough to avoid an arrest with local law enforcement in Thailand, but not enough to escape an ineligibility under Section 212(a)(7)(B) of the Immigration and Naturalization Act for their visa applications. ¶6. In such instances, a consular officer works closely with other staff and contacts to vet the applicant before recommending the case for a waiver of inadmissibility. Since the introduction of the CCD's Admissibility Review Information Service (ARIS) system last year, officers have noticed a drastically improved turnaround time for Department of Homeland Security responses from several weeks under the old system to two days for the most recent case. Officers have found it helpful to make sure DHS reviewers also understand the specifics of the exile situation, explaining why some of DHS's preferred supporting materials for recommending waivers - such as background checks from local law enforcement agencies - are not possible to submit. Following DHS approval for a passport waiver, post issues the visas along with a letter the traveler can present to airline and immigration officials at the port of departure. Hmong Family Reunions ¶7. With an estimated 250,000 Hmong NOW living in the United States, many Hmong Americans frequently invite relatives and friends living in Thailand to cultural events in Minnesota, CHIANG MAI 00000106 002.2 OF 002 Wisconsin, California, and elsewhere. Each year, the Consulate processes hundreds of B1/B2 NIV applications from Hmong residents of Thailand, the majority of which have Thai citizenship. However, a smaller number of citizenship-less Hmong have officially documented residency and are able to acquire "travel documents" that serve as a passport. An even smaller number have no legal status - usually either because their birth was never recorded by the government or because they reside illegally in Thailand after fleeing Laos. These latter two groups face a greater challenge to demonstrate significant ties to a country that has not given them citizenship, especially when they have family members who are U.S. citizens. Very few truly stateless Hmong are able to overcome INA Section 214(b), although the Consulate has issued visas to Hmong with restricted or limited citizenship status in Thailand. ¶8. The Hmong community in the U.S. has made a concerted effort to bring over cultural groups and, with the support of congressional delegations from states with significant Hmong populations, has reached out to the Consulate over the past several years to explain its need for participants from Thailand. Working with Hmong leaders to better understand their community, the Consulate has issued visas to applicants who would be unable to demonstrate ties to their residence with only their limited RTG-issued documentation. In the past several years, the Consulate has issued visas to village leaders, singers, actors, beauty pageant contestants, and soccer teams. Close monitoring of the applicants' return has shown most U.S.-based cultural groups to be responsible hosts who help ensure their guests return to Thailand. Post has detected a few overstays from these groups, but uses the specifics of each case to better profile future applicants and detect fraud. ¶9. COMMENT. Thailand's stateless residents are sure to be a factor in the Consulate's operations for years to come. With thousands of Karen refugees from Burma NOW resettling in the U.S., we expect their relatives who chose to stay behind - as well as their ethnic cousins who have lived in Thailand for generations - will seek to join or visit them in the U.S., just as Hmong do now. In addition, several more Burmese exiles will have their now-legitimate passports expire in the next few years, adding to the pool of those unable to document citizenship. Given these factors, we expect to see visa applications from stateless residents of Thailand to grow. ¶10. While most walk-in applicants with no demonstrable citizenship pose obvious difficulties for visa issuances under various INA sections, many applications in fact come with advance notification and are closely coordinated with trustworthy organizations in the United States. CG Chiang Mai faces an uncommon challenge in getting these unusual applications over initial bureaucratic hurdles to a point where they can be better adjudicated and ultimately qualified applicants can travel to the United States, often on business in the interests of U.S. policy. End Comment. CAMP