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Abstract:
The Real ID Act, passed on May 11, 2005, is the first post-September 11 antiterrorism legislation specifically to target a group of vulnerable individuals to whom the United States has historically granted protection: asylum seekers. The passage of the Real ID Act led asylum advocates to wring their hands in despair and immigration restrictionists to clap their hands in glee. This Article argues that both sides of the debate may have been justified in their reactions, but not because of the immediate chilling impact on asylum that they seem to expect. With regard to requirements for establishing asylum eligibility, the Real ID Act, rather than imposing new, onerous restrictions on asylum, codifies case law upon which adjudicators, advocates, and government attorneys have been relying for decades. However, several areas of poor drafting, combined with legislative history mischaracterizing the asylum system as a haven for terrorists and suicide bombers, may result in the denial of bona fide asylum applications. This Article provides concrete guidance for adjudicators, advocates, and government attorneys applying the Real ID Act to asylum cases. It examines the case law upon which some of the provisions are based and offers interpretations for unclear provisions. Overall, this Article emphasizes that it is the duty of adjudicators, advocates, and government attorneys to protect victims of persecution.

1967 Protocol, asylum, immigrant/immigration, Illegal Immigration Reform and Immigrant Responsibility Act, Immigration and Nationality Act, national security, non-citizens, PATRIOT Act, persecution, Real ID Act, refugee, Refugee Act, Sept. 11, terrorism/terrorists, UNHCR Convention

Abstract:
The international trafficking of human beings has emerged as one of the most lucrative and far-reaching industries in the world, second only to trafficking in drugs and tied with trafficking in arms. Many victims of international human trafficking, including teenagers and young children, are forced to work in the sex trade. Others work in areas such as agriculture, restaurants and sweatshops. In 2000, in an effort to combat trafficking and encourage trafficking victims to assist in the prosecution of traffickers, the United States enacted the Victims of Trafficking and Violence Protection Act (VTVPA), which created a new visa, called the T visa, for victims of severe forms of trafficking. As of August 2006, however, immigration officials had approved only 600 principle T visa applications since the enactment of the visa category. This Article identifies several problems with the T visa system that may be responsible for its failure to reach more trafficking victims. It calls for significant changes to the T visa process, primarily the establishment of a Trafficking and Exploitation Victims Assistance (TEVA) program designed specifically to facilitate the identification and evaluation of potential T visa beneficiaries. The Article also suggests interpretations of the T visa statute that recognize the economic and social conditions of the countries of origin of trafficking victims. The Article concludes that implementing the recommendations will lead to a more humane and effective system for protecting international human trafficking victims and prosecuting traffickers.

human trafficking, international law, immigration, human rights, women, latina

Abstract:
The Trafficking Victims Protection Act, ground-breaking legislation designed to punish traffickers and protect victims, is not reaching its full potential as a powerful tool against international human trafficking. A principal component of the Act - the availability of special T visas for trafficking victims who cooperate with law enforcement officials against their traffickers - is failing to reach its intended beneficiaries. According to U.S. government statistics, less than one percent of individuals trafficked into the United States have received protection in the form of a T visa. This article identifies weaknesses in the T visa system and proposes reforms designed to make the T visa system responsive to the unique circumstances of trafficking victims. Drawing from lessons learned from another U.S. protection regime - that which is in place for victims of persecution seeking asylum in the United States - this article offers practical, victim-centered solutions for identifying, assisting and protecting victims of international human trafficking. It also proposes a cooperation waiver for those victims whose family members abroad face severe retaliation by their traffickers. Overall, this article emphasizes the need for appropriate treatment of trafficking victims and the establishment of a comprehensive, collaborative system designed to empower, rather than further alienate, victims of international human trafficking.

human trafficking, international law, immigration, human rights, women

Abstract:
This Article critiques U.S. counterterrorism measures that directly target refugees and asylum-seekers. The United States currently offers protection to individuals and families fleeing persecution through two programs: the overseas refugee resettlement program (available to refugees residing outside the United States) and the asylum system (available to those who apply for refugee protection on U.S. soil). Almost immediately after the September 11 terrorist attacks, the United States implemented a refugee resettlement moratorium that resulted in lengthy delays and the failure to resettle thousands of refugees previously cleared to enter the United States. Several years later, on May 11, 2005, Congress passed the Real ID Act, which included a section entitled Preventing Terrorists from Obtaining Relief from Removal that purported to reform the asylum system but in actuality was nothing more than an awkwardly-drafted codification of existing case law. Both anti-terrorism measures failed to appreciate that none of the September 11 hijackers were refugees, asylees, or asylum-seekers. Moreover, their implementation erroneously linked refugees and asylum seekers with terrorist attacks and mischaracterized the refugee resettlement program and asylum system as havens for suicide bombers. Finally, neither the resettlement moratorium nor the Real ID Act asylum provisions likely have had any significant impact on national security.

terrorism, asylum, immigration, refugee

Abstract:
This article addresses an urgent humanitarian crisis affecting unaccompanied or abused refugee children and widowed, divorced, abandoned or abused female heads of refugee households. Such women and children suffer the consequences of the post-9/11 U.S. refugee resettlement backlog more severely than the general refugee population. They are far more at risk of life-threatening harm such as trafficking, sexual exploitation and rape. Moreover, they are far less likely to present a threat to U.S. national security than many people who are able to secure visas to the United States quickly and with fewer background checks. Despite their vulnerability and lack of security threat, however, they continue to languish in extremely dangerous refugee camps. This article proposes a solution that would allow such women and children to avoid the resettlement delays and enter the United States through an expedited visa system. The expedited visa system would reduce the refugee backlog and do so in a way that ensures that the most vulnerable refugees receive protection at the earliest possible opportunity.

Refugee resettlement, abused refugee children and widowed, divorced, abandoned or abused female heads of refugee households