Asylum Law and Syrian Asylum Seekers in Houston and Istanbul Sevita Rama 4/25/2014
Created for Global Urban Lab Rice University: School of Social Sciences & Kinder Institute for Urban Research
Executive Summary Syrian asylum seekers are among the largest group of migrants seeking to join industrialized countries. This paper seeks to evaluate the history and current changes in asylum law in Turkey and the United States, two industrialized countries especially important to the current situation in Syria. This comparison will be explored further with the cities of Istanbul and Houston taken as case studies to examine the role of local non-governmental organizations working on asylum cases. Through a series of open-ended interviews supplemented by background research into asylum and international law, I contrast the legal frameworks in the United States and Turkey and evaluate the role of local organizations in assisting Syrian asylum seekers in light of the immediate crisis.
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Table of Contents Executive Summary......................................................................................................................... 1 Introduction .................................................................................................................................... 3 The Context of Syria .................................................................................................................... 3 The Global City Context: Istanbul and Houston .......................................................................... 4 Issue Statement .............................................................................................................................. 5 Research .......................................................................................................................................... 5 Methodology ............................................................................................................................... 5 International Protocol and Organizations ................................................................................... 6 What is a Refugee? What is an Asylum Seeker? ......................................................................... 6 Recent History of U.S. Asylum and Refugee Policies .................................................................. 7 Recent History of Turkey’s Asylum and Refugee Policies ........................................................... 9 Findings ......................................................................................................................................... 10 Legal Proceedings in the United States ..................................................................................... 10 Legal Proceedings in Turkey ...................................................................................................... 12 Policy Recommendations.............................................................................................................. 14 Bibliography .................................................................................................................................. 17 Acknowledgements....................................................................................................................... 19
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Introduction1 The Context of Syria The outflow of Syrians to other countries, since the beginning of the conflict in 2011, is one of the few constants in Syria’s otherwise extremely volatile situation. Before the armed conflict, in 2011, Syria was ranked 20th as a source country from asylum seekers by the United Nations High Commissioner for Refugees (UNHCR).2 In addition, Syrians are the largest single group of people seeking asylum in industrialized countries3 for the first time since 1999.4 In the United States, 88, 400 claims were filed in 2013 which is approximately 25 per cent more than in 2012.5 Turkey was the highest recipient of asylum applications in the region of Southern Europe, seeing a 69 per cent rise in asylum applications overall in 2013.6 Approximately 80 per cent of asylum claims were to European countries in 2013, particularly Germany and Sweden, while 16 per cent of the claims were to the United States and Canada.7 The unprecedented number of Syrian asylum seekers is an important global concern and displays the far reaching impact of crisis in Syria beyond its geographical proximities. The human rights aspect of the Syrian conflict extends farther than just the situation of the many Syrians still in Syria. The newest generations of the Syrian diaspora are an essential part of understanding to what degree countries must assess their asylum procedures and laws under the umbrella of international procedures. Very few of the millions of Syrian migrants who have fled their homes have been given full refugee status in any country. Many countries have established quotas and are working 1
UNHCR, Asylum Trends 2013: Levels and Trends in Industrial Countries (UNHCR, 2014), http://www.unhcr.org/5329b15a9.html. 2 UNHCR, Asylum Trends 2013: Levels and Trends in Industrial Countries. p. 20. 3 Industrialized countries can be defined as countries that have attained a higher standard of living as a result of an increase of economic production, per capita income and consumption, and natural and human resources being optimally used. A list of industrialized countries as defined by United Nations Children’s Fund (UNICEF) includes both the United States and Turkey. UNICEF is a United Nations organization like the United Nations High Commissioner for Refugees (UNHCR) which will be referred to frequently in this paper. The report cited in footnotes 1 and 2 also defines what countries fall under the 44 industrialized countries to which they refer. The Central Intelligence Agency (CIA) World Fact Book also defines both countries as industrialized or developed countries. Central Intelligence Agency, “The World Factbook,” accessed April 25, 2014, https://www.cia.gov/library/publications/the-worldfactbook/appendix/appendix-b.html. 4 UNHCR, Asylum Trends 2013: Levels and Trends in Industrial Countries. p. 17. 5 Ibid. p. 3. 6 Ibid. p. 22. 7 Nick Cumming-Bruce, “Syria’s War Fuels Rise of Asylum Seekers, U.N. Report Says NYTimes.com,” March 20, 2014, http://www.nytimes.com/2014/03/21/world/middleeast/syrias-war-fuels-rise-of-asylumseekers-un-report-says.html?_r=0. 3|Page
with the UNHCR to accommodate the new migrants, but are unable to provide the full residency accorded to refugees. The director of UNHCR's Division of International Protection, Volker Turk, calls attention to the massive effect Syria has on the industrialized countries even if they are far removed from the crises in the Middle East.8 The UNHCR report also points to a correlation between current conflict area and rates of acceptance of asylum claims. For example, it notes acceptance rates for people from Syria, Eritrea, Iraq, Somalia and Afghanistan are between 62 percent and 95 percent.9 On the other hand, acceptance rates from nationals of the Russian Federation, most of whom are Chechens, and Serbia and Kosovo are significantly lower. These countries, which are not at war, have an acceptance rate of around 28 percent and 5 percent respectively.10
The Global City Context: Istanbul and Houston
Istanbul and Houston, though similar global cities11 in many ways, play very different roles for the asylum seekers who come to Turkey and Houston, respectively. Istanbul is city far from the refugee camps of southern Turkey and beyond the points where citizens must file for asylum. It also holds many economic opportunities for asylum seekers who stay in Turkey and provides more non-traditional options for self-sustainment. However, as it also a port city and has Turkey’s most prominent airport, it is often used as a point of transit for asylum seekers hoping to go to European countries like Sweden that offer chances for family reunification. 12 Houston, on the other hand, draws the attention of different types of asylum seekers. Asylum seekers who come to Houston usually have some previous connection or were referred to the area by acquaintances or friends.13 Additionally, Syrian asylum seekers who make it to America have largely come by plane to North America,14 which requires a significant amount of money in itself. There are no refugee camps for Syrian asylum seekers in the United States, unlike Turkey, where most of the asylum-seeking population resides. Houston is in the 5th Circuit of the U.S. Court of Appeals which has its own biases in judging asylum cases due to the frequency of certain types of asylum claims.15 Both cities offer a number of services for asylum seekers through partnerships with international entities like the UNHCR or through the operation of Non-Governmental 8
Ibid. UNHCR, Asylum Trends 2013: Levels and Trends in Industrial Countries. p. 20. 10 Ibid. 11 As referenced in: Saskia Sassen, “Global City: Introducing a Concept, The,” Brown J. World Aff. 11 (2004): p. 27. 12 http://www.aljazeera.com/indepth/features/2014/01/asylum-seekers-perilous-path-sweden20141792744288806.html 13 Talk with Maha Sultan, Syrian-American who has helped others go through the asylum process and settlement in Houston. 14 Julie Pasch, Overview of Asylum Law in the US and the Houston Context, Formal Oral InPerson Interview, March 13, 2014. 15 Ibid. 9
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Organizations (NGOs) like Catholic Charities in Houston and the Helsinki Citizens Assembly in Istanbul. The UNHCR operates as the main multilateral, yet independent international organization regarding refugees and asylum seekers. However, it utilizes the organizational structure of NGOs to assist in implementation of plans and operations to best assist asylum seekers and refugees. In Turkey, the UNHCR works with the Association for Solidarity with Asylum-Seekers and Migrants, Human Resources Development Foundation, and Turkish Red Crescent Society, to implement their plan regarding Syrian asylum seekers.16 In the United States, the UNHCR is not as explicitly partnered with local organizations because of the existing legal framework and because of a more decentralized system of appeals. The procedures for asylum in each country will be explained in more detail further in the paper.
Issue Statement Turkey is receiving a record number of Syrian asylum seekers due to proximity towards the Syrian border. Due to the Turkish interpretation of the 1951 United Nations Convention relating to the Status of Refugees, Turkey cannot classify Syrian asylum seekers as refugees, and subsequently cannot provide the same resettlement services that refugees receive to anyone from areas that are not a part of the European Union. The United States has many restrictions regarding Syrian refugees and asylum seekers that have severely limited the number of people who have been able to stay and resettle in the country. Both the issue of too many migrants in Turkey and too many regulations in the United States have led to an influx of irregular migrants. Local organizations in Istanbul and Houston play an important role as global cities in assisting migrants as they navigate the present legal structures to find relief from the conflict in Syria. In addition, both cities provide a variety of employment opportunities and social resources in the form of existing ethnic communities and civil-society organizations that can ameliorate the circumstances of living temporarily or permanently in a new city. This paper compares the legal framework present in the United States and in Turkey for Syrian asylum seekers using Istanbul and Houston, Texas as case studies of the way in which cities must operate under overarching international and federal procedures. In creating this parallel, I aim to propose recommendations to address the immediate situation of Syrian asylum seekers struggling to escape armed conflict in their home country in the United States and Turkey.
Research Methodology The desk methods for this paper include extensive research of publicly available electronic reports and articles regarding the most current situation of Syrian asylum seekers from the UNHCR and other sources. General searches in addition to registration with the Refugee Law Reader provided access to some of the cited materials used in detailing existing laws on the International level. 16
“UNHCR - Turkey,� accessed March 23, 2014, http://www.unhcr.org/pages/49e48e0fa7f.html. 5|Page
The fieldwork component of this project consists of open-ended interviews with stakeholders in this study. I spoke with Dr. Ahmet İçduygu of Koç University, Dr. Korel Göymen of the Istanbul Policy Center in Istanbul. These interviews were formal and in-person. They were not recorded through any electronic device, but where recorded in part by hand. In Houston, I spoke with Julie Pasch, J.D., of Catholic Charities. This interview was also formal, inperson, and recorded for audio.
International Protocol and Organizations17 In response to World War I and the Cold War, the 1951 Convention relating to the Status of Refugees and the following 1967 Protocol were created to protect people displaced by conflict. These documents define what constitutes a refugee, establishes the rights of refugees and the responsibility of the states party to these agreements. In defining what a refugee is, the Convention and its amendment state the legal protections, assistance measures and social rights that refugees are entitled to in their host countries. The geographical limitation by which Turkey abides came about as a result of World War II and the European refugees who needed to relocate. The 1967 expanded the scope of the original convention, applying the refugee protections to people from all over the world. The UNHCR has repeatedly deplored a trend towards a more restrictive interpretation of the 1951 Convention and its 1967 Protocol in certain countries or even regions of the world.18 These developments undermine the protection regime created by these instruments. At the same time, they create difficulties for participating countries as they encourage refugees to turn to countries with a more generous practice. Non-governmental organizations are an essential part of the UNHCR operation in any country. There are implementation NGOs and organization NGOs which are each responsible for a different set of associative tasks in assisting the UNHCR have a local presence. 75 per cent of non-governmental organizations provide the UNHCR with local support in specific areas.19 They also receive some of the funding given to the UNHCR depending on their role. In 2008, approximately “25 per cent of UNHCR's total expenditures were channeled through 636 NGOs, including 162 international agencies and 474 national ones.”20
What is a Refugee? What is an Asylum Seeker? The terms asylum-seeker and refugee are often confused: an asylum-seeker is someone who says he or she is a refugee, but whose claim has not yet been definitively evaluated. When people migrate to a new location en masse, it becomes impractical to evaluate each individual claim and conduct interviews with each person. Usually, when this happens, there is a clear reason for a group of people to flee a country and it is not necessary to conduct case-by-case 17
The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol (Geneva, Switzerland: UNHCR, September 2011), http://www.unhcr.org/4ec262df9.html. 18 Walter Kälin, “Supervising the 1951 Convention on the Status of Refugees: Article 35 and Beyond,” Refugee Protection in International Law: UNHCR’s Global Consultations on International Protection, 2001. p. 13. 19 “UNHCR - Non-Governmental Organizations,” accessed April 29, 2014, http://www.unhcr.org/pages/49c3646c2f6.html. 20 Ibid. 6|Page
examinations, so groups like this are considered “prima facie.”21 This means that if they come from an area of strife, they will be automatically considered refugees instead of asylum seekers whose claims must be assessed. This is not currently the case with Syrian migrants in Turkey or in the United States. It is important to note that groups considered refugees are already granted rights in the country where they seek protection before entering. Asylum eligibility has three basic requirements. First, an asylum applicant must establish that he or she fears persecution. Second, the applicant must prove that he or she would be persecuted on account of one of five protected grounds: race, religion, nationality, political opinion, and social group. Third, an applicant must establish that the government is either involved in the persecution, or unable to control the conduct of private actors. Usually, asylum is something that can only be applied when the person has crossed the border into another country. Upon reaching an entry point, the person can claim that they are seeking asylum, however this claim cannot be stated from outside the country in which they are seeking asylum. Once having made the claim, the applicant must go through the legal proceedings to achieve asylum status. Although “asylum seeker” and “refugee” are frequently confused in the everyday American context, the Turkish context makes a very emphatic distinction between the two. In American legal proceedings, the previously mentioned “prima facie” refugees are referred to more generally as just refugees since their status is assigned before entering the country. Asylum seekers are usually individuals who are seeking some partial refugee status and must go through the interview and legal processes in order to be determined as eligible for asylum once they have reached the country. Turkey adheres strongly to the geographical limitations of the 1951 UN Convention on the Status of Refugees. As such, official refugee status is only given to people from the European Union, whereas migrants from other locations are referred to only as “asylum seekers” and as such cannot obtain full refugee status.
Recent History of U.S. Asylum and Refugee Policies In the past, a majority of post-Cold War until the mid-1990s refugees who immigrated to the United States were from Southeast Asia, the former Soviet Union, and people from the Balkans fleeing the Yugoslav wars. In the 2000s, groups from various conflict areas in Africa increased the refugee population in the United States. Because of the resources available in large metropolitan areas, including social support structures and economic opportunities, many asylum seekers and refugees flock to these areas. Additionally, migrants who arrive at seaports and airports are usually near a large city center. City centers also have legal support for asylum seekers and refugees to navigate resettling in the United States. Catholic Charities is one such organization that operates nationally out of metropolitan centers to assist refugees and asylum seekers in legal services and counseling, among other services. Like other non-profit organizations and non-governmental organizations (NGOs), Catholic Charities provides services to people regardless of faith, or socioeconomic backgrounds. NGOs work closely with the
21
“UNHCR - Asylum-Seekers,” accessed April 29, 2014, http://www.unhcr.org/pages/49c3646c137.html. 7|Page
UNHCR in all of the countries that participate under the 1951 UN Convention and its 1967 Protocol. The United States follows both the 1951 UN Convention relating to the Status of Refugees and the additional 1967 Protocol. As such, the United States recognizes refugees as people who are unable to return to their country of origin which is not the United States or its territories, for fear of persecution. The protected grounds under which a person can claim that they are fleeing persecution include: religion, political opinion, or membership of a certain social group. The United States as a signatory of the Convention and its Protocol is obliged in the non-refoulment of refugees. That is, the United States cannot send people protected as refugees back to their countries of origin. However, non-refoulment does not necessarily apply to asylum seekers who are seeking refugee status, which is how the Syrian situation is currently being considered. In addition the international agreement that the United States has entered, there have been a number of Congressional acts reiterating the status of refugees and protecting particular social groups that were coming to the United States at the time. Among these acts are: the 1953 Refugee Relief Act, the Migration and Refugee Assistance Act of 1962, the 1975 Indochina Migration and Refugee Assistance Act, and others.22 One of the most significant acts is the Refugee Act of 1980 which reinforces the definitions of a refugee and asylum seekers set forth originally by the 1951 Convention while also creating the Office of Refugee Resettlement within the U.S. Department of Health and Human Services. By 2004, federal involvement with refugees was largely through the Bureau of Population, Refugees and Migration within the U.S. State Department working in conjunction with the Office of Refugee Resettlement. Asylum claims are not dealt with through the same federal institutions as refugee resettlement and assistance. The Bureau of Citizenship and Immigration Services is largely responsible for asylum claims through the Department of Homeland Security. It is possible that the distribution of services among various federal branches speaks to how the United States regards and differentiates refugees and asylum seekers despite using the terms somewhat interchangeably. The President of the United States has the power to limit the maximum number of refugees into the country for each fiscal year as per the Immigration and Nationality Act of 1965, also known as a “refugee ceiling.” For fiscal year 2014, the overall limit was 70,000, “with 68,000 admissions numbers allocated among the regions of the world and 2,000 numbers comprising an unallocated reserve.”23 Whether or not a person will receive one of these allocated spots is usually determined before they come to the United States. Therefore, the process is not the same for asylum seekers to whom these ceilings do not necessarily apply. Asylum cases that have been accepted qualify as “Priority 3” admission which “comprises family 22
More information about what these Acts entail can be found in the Migration Policy Institute’s Fact Sheet: Major US Immigration Laws, 1790-Present (Washington, DC: Migration Policy Institute, March 2013). 23 Andorra Bruno, Refugee Admissions and Resettlement Policy, CRS Report (Washington, DC: Congressional Research Service, March 6, 2014), https://www.fas.org/sgp/crs/misc/RL31269.pdf p. i 8|Page
reunification cases involving close relatives of persons admitted as refugees or granted asylum.”24 There are no numerical limits on asylum seekers in the United States as cases are usually evaluated on an individual basis. They may also apply for lawful permanent resident status after one year of being the United States like the requirement for refugees, but it is not required. According to the Migration Policy Institute, a think tank that conducts migrations research in the United States and Internationally from a nonpartisan lens, Texas is among the top five states by number of immigrants as of 2012.25 Houston is the most populous city in Texas and has a very high immigrant population as it is a sprawling metropolis. Texas also qualifies as a one of the five states that had the largest absolute growth of the immigrant population between 1990 and 2000 and 2000 and 2012 with 1.4 million more people in each ten year block.26 Houston is currently considered a gateway for migrant communities and has the potential also to be one for resettled refugees or asylum seekers. Some of these gateways also are home to culturally or ethnically similar enclaves. For example, the Detroit area was home to about a fifth of Iraqi refugees in the years surrounding the conflict. When filing for asylum, applicants are given information about the local organizations and as such, can make judgments about areas that have people who can speak their language if not English. People entering the country with an intent to file asylum do not have information about where their case for asylum will be most well received and as such, they migrate to areas where they have personal connections – whether familial or knowledge of an ethnic enclave.
Recent History of Turkey’s Asylum and Refugee Policies Turkey is a member state of the 1951 UN Convention and its 1967 Protocol to a limited degree. Non-Europeans are not considered refugees due to the geographical limitation that Turkey follows. The country offers protection to non-Europeans as well as seen through its efforts in assisting Syrian asylum seekers in cooperation with the UNHCR. However, in terms of resettlement, Turkey will resettle non-Europeans outside of the country which is a large contributing factor to Istanbul being considered an intermediary city as Syrians flee their country. Since December 1999, when Turkey was considered a candidate for full membership to the European Union, Turkey is expected to align its policies with the EU Enlargement Acquis and remove. This includes removing the geographical limitation the country has on the 1951 UN Convention. Asylum and migrations are an especially important point in the current EU agenda and as such, it has become an integral concern to Turkey.
24
Ibid. The other states in order are “California (10.3 million), New York (4.4 millin), Texas (4.3 million), Florida (3.7 million, and New Jersey (1.9 million).” Chiamaka Nwosu, Jeanna Batalova, and Gregory Auclair, “Frequently Requested Statistics on Immigrants and Immigration in the United States | Migrationpolicy.org,” accessed April 29, 2014, http://www.migrationpolicy.org/article/frequently-requested-statistics-immigrants-andimmigration-united-states#1. 26 Ibid. 25
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Turkey is situated not only as a bridge between two continents but also as a space that facilitates the flow of people across borders. Turkey has seen changing patterns in migratory flows over the recent decades. According to migrations expert and professor at Koç University, Dr. Ahmet İçduygu, current attitudes toward migration policy and migrations trends can be traced back to the period of time after the implementation of the 1951 UN Convention. Individual arrivals were at a continuous stream from 1970 onwards, due to the large migration of people from Afghanistan and Iran into the country. Iraqi Kurds and Sri Lankans were also a groups that migrated to Turkey en masse, changing the demographic structure. These movements have a history comparable to the overwhelming number of Syrian migrants coming into the country at this time.27 Additionally, irregular migrants are frequently mixed in with Syrian migrants who may come to country with the intention to seek asylum, but find their cases rejected or otherwise unsuccessful. It must be noted that there has been no provision in the Turkish Constitution regarding asylum until most recently in April 2013.28 It has been a year since the passing of this law and its implementation is still taking effect, most notably through the partnership of the UNHCR who supports the law which make Turkey more accessible to Syrian asylum seekers. Before this, the most important instrument in this context was an administrative regulation, the 1994 Regulation.29 In those instruments, asylum seekers or refugees are taken into consideration under the category of ‘aliens’ or foreign nationals in general.30
Findings Legal Proceedings in the United States31 The asylum process begins in the following situations. The person or persons seeking asylum must: a. Ask for asylum at a port of entry (airport, seaport, border crossing, etc.), or b. File an application within one year of arrival in the United States, or 27
Ahmet Icduygu, Overview of Turkish Migration Patterns and Brief Discussion of Current Syrian Migration Crisis, Formal Oral In-Person Interview, March 5, 2014. 28 Yabancilarve Kanunu, “Global Legal Monitor: Turkey: New Law on Foreigners and International Protection | Global Legal Monitor |,” Law Library of Congress | Library of Congress, April 18, 2013, http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205403558_text. 29 National Authorities, Turkey: Regulation No. 1994/6169 on the Procedures and Principles related to Possible Population Movements and Aliens Arriving in Turkey either as Individuals or in Groups Wishing to Seek Asylum either from Turkey or Requesting Residence Permission in order to Seek Asylum From Another Country (last amended 2006), 19 January 1994, available at: http://www.refworld.org/docid/49746cc62.html [accessed 30 April 2014] 30 Kanunu, “Global Legal Monitor: Turkey: New Law on Foreigners and International Protection | Global Legal Monitor |.” 31 Julie Pasch, Overview of Asylum Law in the US and the Houston Context, March 13, 2014. 10 | P a g e
c. If the personal situations have changed within the past year prior to asking for asylum and these changes affect eligibility for asylum, the person(s) may file later than a year after entry. d. If an extenuating circumstance prevents the person or persons applying for asylum from doing so within the one-year period, the person or persons may still apply so long as the application is submitted within a reasonable time given the circumstance. People seeking asylum may apply regardless of original immigration status, meaning that irregular migrants also have the opportunity to apply for asylum in the United States. However, these people must still qualify for asylum under the international definition of a refugee. Eligibility of asylum seekers is based on an interview with an Asylum Officer or Immigration Judge during the application process, depending on the situation. If placed in deportation proceedings in Immigration Court, an appeal for asylum will be heard by an Immigration Judge. If the applicant does not have “hostile entry� to asylum proceedings, an Asylum Officer will interview them and decide eligibility for asylum. The Asylum Officer has the power to grant asylum, deny asylum or defer the decision to an Immigration Judge. Irregular migrants, though eligible to apply for asylum, will be placed into removal proceedings if denied a claim by an Asylum Officer. The application will be referred to an Immigration Judge for a final decision or removal from the country. If the applicant is in valid immigrant or nonimmigrant status and the Asylum Officer finds that the applicant is not eligible for asylum, the Asylum Officer will send them a notice explaining that the USCIS intends to deny the request for asylum. Under asylum reform in 1995, the USCIS standard is to conduct the asylum interview within sixty days after the claim is filed, and to identify and grant in a timely fashion those cases that have merit. If the claim is denied at the interview, the applicant is immediately referred to deportation proceedings before the Executive Office of Immigration Review (EOIR) unless there is already a valid nonimmigrant status. No limits are set on the number of individuals who may be granted asylum in the United States. Under immigration law, approved asylums must reside in the United States for one year following their approval in order to be eligible to apply for adjustment to lawful permanent resident status. One year of the asylee’s residence prior to adjustment is countered toward the naturalization residency requirement. Although asylee adjustments are expemt from the worldwide annual limitation on immigrants, the law places a ceiling on the number of asylees who may adjust to permanent residency status each year. The Immigration Act of 1990 increased the ceiling from 5000 to 10000 per year, effective from fiscal year 1991. It also waived the annual ceiling beginning in fiscal year 1991. Local organizations like Catholic Charities provide assistance to asylum seekers and other migrants who have reached the United States and are hoping to make their move permanent. Most of their clientele hear about their services through word of mouth, however those who enter asylum proceedings receive a list of organizations in the area that assist people in legal proceedings for low or no cost. These organizations cooperate with each other and 11 | P a g e
refer clientele to partners who are more suited to take the case if for example, Catholic Charities cannot. I interviewed Julie Pasch, the Pro Bono Coordinator and Staff Attorney of the Cabrini Center within the Catholic Charities branch in Houston, to understand the interpretation of asylum law in the 5th Circuit under which Houston falls.32 The way in which the Immigration and Asylum act is interpreted by the eleven different Circuit Courts of Appeals in the United States can be very different. Because of the Circuit Court decisions, someone who has a valid asylum case in another part of the country, like Chicago which is a part of the 7th Circuit Court of Appeals, may get denied if they were to apply elsewhere, like Houston which is in the 5th Circuit. The 5th Circuit is known to be conservative and generally not favorable to asylum seekers. Every court has its own biases related to the type of people they receive regularly. For example, gang violence-related asylum claims from Central and South America will usually not be successful in the 5th Circuit. In fact, the Transactional Records Access Clearinghouse (TRAC) Immigration reports on asylum rejection rates by judge show that Houston has a very low acceptance rate for asylum cases in general.33 Asylum seekers who come to Houston seek not to use the city as a transit point, but rather to settle down in the area, unlike much of the asylum-related traffic through Istanbul, especially since cases can take three to five years. However, charities like the Catholic Charities allow room for the attorneys to speak frankly about what will make a successful asylum case and if the case before them will have merit to the court, which may provide a counterbalance to court biases which determine asylum success.
Legal Proceedings in Turkey34 Istanbul holds a critical role as a hub for migrants. It is considered a “satellite city or a place where migrants support themselves and their families while the asylum process in underway. 35 Once having claimed asylum, migrants must continuously travel to one or more locations to fill out forms, but often use Istanbul as a central hubs due to the job and housing availability in the city. In addition to being a hub for migrants who intend to stay in Istanbul, it is also a port city
32
Pasch, Overview of Asylum Law in the US and the Houston Context. Ibid. These cases can be searched by judge at the following source: “TRAC Immigration Judge Reports - Asylum,” accessed May 2, 2014, http://trac.syr.edu/immigration/reports/judgereports/. 34 Hayes Brown, “Turkey > Asylum | w2eu.info – Welcome to Europe (en),” accessed March 23, 2014, http://w2eu.info/turkey.en/articles/turkey-asylum.en.html. This website provides an overview of the application process in Turkey from entering the country to getting a claim accepted. It is the central resource of this section as it is one of few online resources in English and accessible to anyone, while also detailing the process not through a government website which would provide the framework but not necessarily the reality of the process. 35 Icduygu, Overview of Turkish Migration Patterns and Brief Discussion of Current Syrian Migration Crisis. 33
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that many migrants use to travel to other countries, like Germany and Sweden, with more generous refugee and asylum policies.36 The Turkish process for asylum is, from the beginning, very different from the American process. Unlike the United States, the majority of Syrians who come to Turkey do not travel by plane, but rather cross the physical border. Because of the geographical limitations of the 1951 Convention by which Turkey adheres, applicants for asylum can only apply with the UNHCR, but they must also register with the Turkish police with their claim. Thus, the asylum application is processed through the UNHCR and not the local government systems in Turkey. If the applicant has come into the country with the officially necessary documentation, like a passport and/or visa, then he or she goes first to the local police to declare an intention to seek asylum. If arriving as an irregular migrant, and thus without the proper documentation, the applicant must apply at the nearest port of entry in Turkey. There are a number of UNHCR offices; however, irregular migrants will be directed to either Van or Ankara.37 Many asylum seekers who try to go to Ankara have had issues with law enforcement not believing that the applicant is filing for asylum and sustain the risk of deportation. To avoid this risk, the UNHCR is working with many local organizations to provide safe passage and assistance to asylum seekers. Though the police are required by law to allow asylum seekers to register with the UNHCR in Turkey, they have a potential and tendency to be uncooperative or try to prevent the applicant from applying for asylum. After filing an intention to obtain asylum with the police, the applicant is given a “living permit” (Ikamet). This costs around 306 TL per person (including children) and is only for 6 months.38 The applicant will have to extend this “living permit” every six months as long as you are in the process of asylum or resettlement with the UNHCR which can take a few months to multiple years.39 After that the police will probably send the applicant to a different city, referred to as a “satellite city” where they will be stationed. There are 52 such cities, not including large cities like Istanbul, Ankara and Izmir. However, unofficially, many asylum seekers commute to and from big cities like Istanbul because of the job and housing availability there. Around 6 -12 months later the UNHCR will call the applicant for an interview. Although the UNHCR goes beyond the 1951 Convention and its 1967 Protocol to define refugees as further than just the European Union for Turkey, the country still has a narrow definition of what can constitute a refugee. As such, resettlements can often not occur within Turkey. The UNHCR has the capability to evaluate eligibility of an asylum claim and then
36
UNHCR, Asylum Trends 2013: Levels and Trends in Industrial Countries. Brown, “Turkey > Asylum | w2eu.info – Welcome to Europe (en).” 38 Ibid. 39 Icduygu, Overview of Turkish Migration Patterns and Brief Discussion of Current Syrian Migration Crisis. 37
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attempt resettlement in another country such as the United States, Canada or Norway.40 If the claim is denied, it can be appealed up to three times, usually within 15 days of the decision. Many NGOs are partnered with the UNHCR to provide assistance and safe passage to asylum seekers during their legal proceedings. They work with the satellite field offices of the UNHCR in various Turkish cities to follow up on paperwork and status of applications. Such NGOs include: Association for Solidarity with Asylum-Seekers and Migrants, Human Resources Development Foundation, and Turkish Red Crescent Society.41 For example, The Helsinki Citizens Assembly is one of the organizations that can help appeal against rejection of an asylum application to the UNHCR. The Helsinki Citizens Assembly operates within the workings of the European Court of Human Rights, which allows for these appeals when The UNHCR does not provide a reason for the dismissal of an asylum case.
Policy Recommendations In the past, certain groups fleeing from conflict have been referred to collectively as “prima facie” refugees. Given current situation of Syrian asylum seekers as the largest group seeking asylum in the industrialized world since 2001, granting Syrians refugee status might be essential to easing the strain of the asylum process on many countries. Asylum is evaluated on an individual basis and as such, cannot address the Syrian crisis as a whole. In the United States local court biases may prevent Syrians fleeing violence from being able to seek protection. Since there is no limit on the number of asylum seekers in the United States, many cases are taken but then also rejected. In Turkey, the exponential population growth of the Syrian asylum seekers in the camps near the border makes it impossible to evaluate each case in an efficient and timely manner without bias. Some countries have already taken to considering the Syrian population as refugees, like Germany and Sweden. These countries which provide rights and protection to the migrating Syrian population will be flooded if other industrialized countries cannot address the Syrian population as a whole either through refugee status or Temporary Protected Status. Because of Turkey’s strict adherence to geographical limitations to accepting refugees outside of the European Union, simply declaring Syrians as a collective refugee group will not be sufficient. Additionally, it will open the gates to other populations who were denied refugee rights in the past because they were not from the European Union. There needs to be a reevaluation of the services available through the UNHCR and partnering organizations in Turkey that can use the country as a midway point to other regions of Europe or Asia as the asylum seekers wish. Turkey cannot, within their current laws, resettle asylum seekers within the country as refugees. Yet, Turkey, unlike the United States does have a valid precedent of helping asylum seekers gain refugee status in other industrialized countries of Europe and
40
Brown, “Turkey > Asylum | w2eu.info – Welcome to Europe (en).” “UNHCR - Turkey.” These are implementation partners with the UNHCR. The organizational partners are many more and assist in a wider range of things. 41
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North America. The Turkish government has also made efforts to modify their asylum laws in order to accommodate the large influx of migrants in the recent past.42 Finding a means of financial support during the asylum process is a common issue between migrants seeking asylum in both Houston and Istanbul. In speaking with Julie Pasch, of Catholic Charities, I found that unlike the migrants who largely travel across land borders to Turkey, the asylum seekers who come to the United States are usually from a higher socioeconomic class in Syria.43 Although one might presume that this allows asylum seekers in Houston, and the United States overall, a greater degree of comfort and freedom, the length of the asylum process in the U.S. is very long. Pasch cites this as one of the biggest difficulties for any asylum seeker.44 She refers to cases in the past in which she has worked with asylum seekers who were lawyers or familiar with the law in their home countries, but felt helpless through the legal system in America.45 Istanbul is often hailed as a crossroads between the East and the West. For Syrian asylum seekers, this has the potential to be especially relevant. There is already a large number of asylum seekers and irregular Syrian migrants who live and work in the city, and constitutes a population that the UNHCR has the means to help and resettle. The types of migrants who come to Istanbul are usually in a better socioeconomic position than the migrants who cross the border and must live in the “refugee camps.”46 Since these migrants would have already begun the asylum process, they may need to find a way to support themselves financially while the process is underway, and are able to find opportunities for work in large cities like Istanbul. Without work permits offered to asylum seekers during the asylum process, there is no way for them to support themselves or family members they bring to the United States or Turkey. Although changing the requirements for a work permit would be an ideal solution, it is also idealistic. To do so, would require a number of initiatives from the federal government and then state implementation of these laws in the United States, which may take longer than allowed for such an immediate crisis. In Turkey, a less decentralized system allows asylum seekers to come in larger number as irregular migrants and still earn some income within or
42
Kanunu, “Global Legal Monitor: Turkey: New Law on Foreigners and International Protection | Global Legal Monitor |.” 43 Pasch, Overview of Asylum Law in the US and the Houston Context. 44 Ibid. 45 Ibid. 46 The “refugee camps” are so called despite Turkey’s lack of recognition of refugees from outside of the European Union. Over half of the Syrian refugee household had income 155 USD or less while in Syria, while about 21 percent of those in the camps and 30 percent of those out of the camps had incomes 231 USD or more while in Syria. Thus, those refugees out of the camps were somewhat better off compared to those in the camps. Syrian Refugees* in Turkey, 2013 (Republic of Turkey Prime Ministry Disaster and Emergency Managment Presidency, 2013), https://www.afad.gov.tr/Dokuman/TR/61-2013123015505-syrian-refugees-in-turkey2013_print_12.11.2013_eng.pdf. p. 10. 15 | P a g e
outside of the camps, with or without residence permits.47 A more helpful solution would be financing NGOs to assist asylum seekers in finding government-approved work during the asylum process and create a precedent for their contributive power to the economies of global cities to which they flock. Since Syrians are now topping the list of asylum seekers hoping to gain refuge in industrialized countries,48 global cities like Istanbul and Houston must be recognized for their potential to assist the new wave of Syrian asylum seekers. These cities offer a number of job opportunities and opportunities for growth, and additionally have some established communities with similar backgrounds. Although the legality of the participation of asylum seekers in the economy of the cities is not clear cut, their work can be considered beneficial to their asylum application. This might operate in a similar manner to the ongoing talks about immigration currently in the United States to address irregular migrants who have worked and been educated in the United States who are now seeking permanent residency, which is often a future step for asylum seekers. The Syrian crisis has had a global effect further than its immediate neighbors in the Middle East, notably in industrialized countries like the United States and Turkey. When addressing asylum, the interpretation of international law is ultimately a case-by-case basis, influenced by the local procedures. Istanbul and Houston allow us to understand, in a concrete way, how international law is implemented and interacts with legal systems on a city-level. Comparing Istanbul and Houston provides a perspective on the role of non-border global cities in addressing the Syrian crisis through legal frameworks but also economic regulations.
47 48
Syrian Refugees* in Turkey, 2013. p. 31 Cumming-Bruce, “Syria’s War Fuels Rise of Asylum Seekers, U.N. Report Says - NYTimes.com.� 16 | P a g e
Bibliography Associated Press. 2014. “Syrians, Russians, Afghans Top UN Asylum List | Al Jazeera America.” March 21. http://america.aljazeera.com/articles/2014/3/21/report-syriansrussiansafghanstopasylumlist.html. “Asylum | USCIS.” 2014. Accessed March 23. http://www.uscis.gov/humanitarian/refugeesasylum/asylum. “Asylum for Syrians in the US, Syria Refugee Seeker USA.” 2014. Accessed March 23. http://www.politicalasylumusa.com/countries/syrian-asylum/. Brenner, Yermi. 2014. “Asylum Seekers’ Perilous Path to Sweden - Features - Al Jazeera English.” January 11. http://www.aljazeera.com/indepth/features/2014/01/asylumseekers-perilous-path-sweden-20141792744288806.html. Brown, Hayes. 2014. “U.S. Loosens Entry Requirements For Syrian Refugees Coming To America | ThinkProgress.” February 6. http://thinkprogress.org/world/2014/02/06/3256551/obama-admin-set-loosen-entryrequirements-syrian-refugees/. ———. 2014. “Turkey > Asylum | w2eu.info – Welcome to Europe (en).” Accessed March 23. http://w2eu.info/turkey.en/articles/turkey-asylum.en.html. Bruno, Andorra. 2014. “Refugee Admissions and Resettlement Policy”. CRS Report. Washington, DC: Congressional Research Service. https://www.fas.org/sgp/crs/misc/RL31269.pdf. Central Intelligence Agency. 2014. “The World Factbook.” Accessed April 25. https://www.cia.gov/library/publications/the-world-factbook/appendix/appendix-b.html. Cumming-Bruce, Nick. 2014. “Syria’s War Fuels Rise of Asylum Seekers, U.N. Report Says NYTimes.com.” March 20. http://www.nytimes.com/2014/03/21/world/middleeast/syriaswar-fuels-rise-of-asylum-seekers-un-report-says.html?_r=0. İçduygu, Ahmet. 2014. “Overview of Turkish Migration Patterns and Brief Discussion of Current Syrian Migration Crisis”Formal Oral In-Person Interview. Kälin, Walter. 2001. “Supervising the 1951 Convention on the Status of Refugees: Article 35 and Beyond.” Refugee Protection in International Law: UNHCR’s Global Consultations on International Protection. Kanunu, Yabancilarve. 2013. “Global Legal Monitor: Turkey: New Law on Foreigners and International Protection | Global Legal Monitor |.” Law Library of Congress | Library of Congress. April 18. http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205403558_text. “Major US Immigration Laws, 1790-Present.” 2013. Washington, DC: Migration Policy Institute. Nwosu, Chiamaka, Jeanna Batalova, and Gregory Auclair. 2014. “Frequently Requested Statistics on Immigrants and Immigration in the United States | Migrationpolicy.org.” Accessed April 29. http://www.migrationpolicy.org/article/frequently-requested-statisticsimmigrants-and-immigration-united-states#1. Pasch, Julie. 2014. “Overview of Asylum Law in the US and the Houston Context.”
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“Political Asylum and the United States Refugee Program | Embassy of the United States Damascus, Syria.” 2014. Accessed April 6. http://damascus.usembassy.gov/visas/politicalasylum-and-the-united-states-refugee-program.html. Sassen, Saskia. 2004. “Global City: Introducing a Concept, The.” Brown J. World Aff. 11: 27. “Syrian Refugees* in Turkey, 2013.” 2013. Republic of Turkey Prime Ministry Disaster and Emergency Managment Presidency. https://www.afad.gov.tr/Dokuman/TR/612013123015505-syrian-refugees-in-turkey-2013_print_12.11.2013_eng.pdf. “The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol.” 2011. Geneva, Switzerland: UNHCR. http://www.unhcr.org/4ec262df9.html. “TRAC Immigration Judge Reports - Asylum.” 2014. Accessed May 2. http://trac.syr.edu/immigration/reports/judgereports/. “Turkey’s New Asylum Law and How RSN Can Be Engaged | Refugee Solidarity Network.” 2014. Accessed March 23. http://www.refugeesolidaritynetwork.org/2013/05/08/turkeys-newasylum-law-and-how-rsn-can-be-engaged/. UNHCR. 2014. “Asylum Trends 2013: Levels and Trends in Industrial Countries”. UNHCR. http://www.unhcr.org/5329b15a9.html. “UNHCR - Asylum-Seekers.” 2014. Accessed April 29. http://www.unhcr.org/pages/49c3646c137.html. “UNHCR - Non-Governmental Organizations.” 2014. Accessed April 29. http://www.unhcr.org/pages/49c3646c2f6.html. “UNHCR - Turkey.” 2014. Accessed March 23. http://www.unhcr.org/pages/49e48e0fa7f.html. “UNHCR - Turkey Experiences Major Refugee Influx.” 2014. Accessed March 23. http://www.unhcr.org/cgibin/texis/vtx/search?page=search&docid=52fa05686&query=turkey. “UNHCR - Turkey Hosts Ministerial Coordination Meeting of Major Host Countries for Syrian Refugees.” 2014. Accessed March 23. http://www.unhcr.org/cgibin/texis/vtx/search?page=search&docid=52d9555d9&query=turkey. Yabasun, Dersim. 2014. “Turkey: Establishing a New Asylum System - The Foreign Report.” Accessed March 23. http://www.theforeignreport.com/2013/03/28/turkey-establishing-anew-asylum-system/.
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Acknowledgements I would like to thank, Dr. Ahmet İçdugyu of Koç University, whose expertise and connections to the ongoing projects concerning the situation of Syrian asylum seekers allowed me to make the connection between international law and local interpretation. Meeting with Professor Korel Göymen in Istanbul provided me a platform off of which to build my research. Additionally, I would like to thank Ms. Julie Pasch, J.D., who took time from her busy schedule to speak to me about the important work she does for asylum seekers and refugees in the Houston area through Catholic Charities, as well as her continued assistance to me even after our interviews. I also owe Guillaume Capelle, from l’Institut Français des Relations Internationales in Paris, a great deal of thanks for pointing me in the direction of some great resources at the very beginning of this project that allowed me to build a familiarity with the subject. I could not have accomplished this project without the leadership of the Global Urban Lab – Istanbul 2014. Dr. Nia Georges encouraged me to choose what had the potential to be a very daunting topic and helped me make it manageable and nuanced. Her comments and feedback have been indispensable to this paper, and I thank her greatly for her time and patience. Finally, to Ipek Martinez and Abbey Godley, I appreciate all your enthusiasm and the planning that went into making our Istanbul trip a truly unparalleled experience in my Rice career. I will remember my cohort and our leadership fondly as some of the most intelligent and interesting people I have met and hope that we continue to stay connected. I look forward to reading the results of all our research and hard work.
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