REQUEST FOR GUIDANCE ON NEW REFUGEE PROCESSING

UNCLAS BANGKOK 000266 SIPDIS SIPDIS PRM FOR DAS KELLY RYAN, PRM/ANE AND PRM/ADM EAP/MLS FOR RAPSON E.O. 12958: N/A TAGS: PREF PREL TH BM LA SUBJECT: REQUEST FOR GUIDANCE ON NEW REFUGEE PROCESSING LEGISLATION ¶1. This is an action request. Please see paragraph 8. ¶2. Summary: Post has been informed that new legislation may affect the need for material support waivers for some Burmese and Lao-Hmong refugee populations, and could permit formerly-excluded combatants to be considered for resettlement as well. Post needs guidance soonest, both to ensure that teams currently processing Burmese refugees adjudicate cases correctly, and to prepare for impending situations, including the conclusion of the RTG screening of Lao-Hmong seeking refugee status in Thailand. End summary. ¶3. During the January visit of a congressional staffdel involved in refugee issues, post received a copy of H.R. 2764, also referred to as the "Kyl Amendment." This legislation, among other things, makes changes in the provisions of the Immigration and Nationality Act affecting individuals from Laos, Burma and Vietnam who had been barred from entry into the US as refugees due to their support for groups that use force to oppose their governments. ¶4. Members of the staffdel said the legislation had been drafted intentionally to provide relief not only for those who had been excluded due to the provision of material support to "terrorists," but also to combatants. The latter is particularly significant, if true; we have used waiver authority to allow us to resettle 4,400 of Burmese refugees affected by the material support prohibition in the US legislation. There is no waiver available for combatants, however; over 800 people, primarily Burmese Karen, are on hold as a result of this restriction, and many others "self-selected" out of consideration for US resettlement due to this restriction. UNHCR estimated that thousands of additional applicants could qualify for resettlement from the Burmese camps along the Thai border if the ban on such combatants were lifted. Despite the staffdel's assertions that the new legislation removes the impediment to resettling combatants, however, the legislation does not appear to us to be clear on this issue. ¶5. In addition to the Burmese Karen, these legislative changes could affect post's response to the over 7000 Lao-Hmong seeking refugee status in Petchaboon. While we have no new program to resettle Hmong, we have consistently said that we could consider resettlement for cases referred to us by UNHCR, and we have several such cases pending among the group of UNHCR recognized refugees currently detained in Nong Khai. Based on the previous legislative restrictions, however, UNHCR and the RTG had understood that the US would face serious obstacles to resettling Hmong who made a claim to refugee status, as many if not most such genuine applicants would also have engaged in some kind of armed resistance to the Lao government, or provided material support to those who did. It could therefore have a small but significant impact if this restriction has changed. ¶6. The RTG is in the final stages of its screening process for the Hmong in Petchaboon. It may begin the return of those screened-out shortly. The RTG has made no pledges about how it will handle those who appear to have a well-founded fear of persecution, but we anticipate that a number of those screened-in would have relatives in the US and might best be resettled in the US. If we are now able to do this, even for combatants, it is important that we know this as soon as possible and consult with UNHCR and RTG about possible next steps. ¶7. Members of the staffdel briefed these changes to RTG interlocutors during meetings, and the Thai government has been waiting for us to provide further information on how these changes might affect refugee resettlement here. UNHCR and MFA each raised this issue with visiting DAS Marciel this week (septel). DHS has a new team of interviewers who have begun working in Mae Sot this week; they are still proceeding based on guidance received prior to the new legislation, except that an informal agreement has been reached not to do final adjudication for combatant cases until guidance has been received. From January 23 through the end of the fiscal year, DHS intends to process for resettlement over 16,000 refugees. A significant number of cases may have to be revisited after interviewing is completed in order to apply whatever new guidance we eventually receive; this will cause delays in processing that may lead to lower numbers departing Thailand this year. In addition, in early February, post plans to announce the beginning of refugee processing in a new camp in Mae Hong Son Province. Clarity will be needed for the information campaign that should precede registration there. ¶8. Action request: Post requests guidance as soon as possible on the effect of the legislative changes. As explained above, DHS screeners currently working in country appear to us to lack the necessary guidance to apply the new law to the cases they are currently interviewing, and our partners on refugee issues in UNHCR and the RTG are awaiting information about the further impact of these legal changes. We would appreciate Department's assistance in working with other agencies involved to ensure that we are carrying out our refugee processing in accordance with the new law. JOHN