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Jewish Community Letter on
Asylum Provisions in 9/11 Legislation

Note: This letter was sent to all Senate and House conferees on the 9/11 Commission Report implementing legislation (S. 2845/H.R. 10).

October 19, 2004

Dear Conferee:

Inspired by the Jewish religious and ethical tradition, the American Jewish Community has long championed America's role as a safe haven for refugees, asylees and other vulnerable migrants. Over the years, hundreds of thousands of Jews have also benefited from U.S. refugee protection. We therefore write today to urge you to protect vulnerable immigrants, refugees, asylees, torture victims, and women and children fleeing human trafficking in the final version of the 9/11 Commission Report implementing legislation.

The bipartisan 9/11 Commission challenged Congress to act quickly and implement their recommendations to protect America's national security. We strongly support timely action to reform government institutions to meet the challenges outlined by the bipartisan 9/11 commission. While we believe immigration reform measures need to be addressed by Congress to enhance both the humanitarian and security components of various aspects of our immigration system, we are greatly concerned that the intelligence reform process will be undermined by controversial efforts to include extraneous immigration provisions from H.R. 10 in the final version of the legislation.

Of particular concern are the sections of the bill that are most detrimental to asylum seekers and other humanitarian migrants, including provisions to: require deportation without a court hearing for many non-citizens who have been in the country for less than five years; expand procedural hurdles for political asylum applicants; deprive asylum seekers and torture victims of habeas corpus petitions if they are detained and stays of removal to their country's of persecution while their cases are appealed; mandate indefinite detention or deportation of many individuals who are in danger of torture in their home country; and permit deportation of refugees and others to countries without functioning governments where they are in danger of suffering human rights abuses.

In addition to our principled support for the political asylum system, we believe that changes envisioned in H.R. 10 could have a significantly negative impact on Jewish asylum seekers. While statistics do not provide exact data on the number of Jews requesting asylum, in 2003 approximately 3,050 individuals were granted asylum who fled the former Soviet Union and Iran - the two principal sources of Jewish refugees. This figure is over 10% of the entire number of victims of persecution worldwide who received political asylum (26,388).

As you work to draft the final compromise version of the 9/11 Commission implementation legislation, we urge you to protect these vulnerable migrants, including by omitting sections 3007, 3008, 3010, 3032 and 3033 from H.R. 10. By focusing on the core issue of intelligence reform, and not including the immigration provisions, this legislation can meet the challenge presented by the 9/11 Commission.

Sincerely,

Rabbi Abba Cohen
Director and Counsel, Washington Office
Agudath Israel of America

Richard T. Foltin
Legislative Director and Counsel
American Jewish Committee

Jess N. Hordes
Washington Director
Anti-Defamation League

Daniel S. Mariaschin
Executive Vice President
B'nai B'rith International

Leonard Glickman
President & CEO
Hebrew Immigrant Aid Society

Judith Bernstein-Baker
Executive Director
HIAS and Council Migration Service of Philadelphia

Sheila Decter
Executive Director
Jewish Alliance for Law and Social Action (JALSA)

Reva Price
Washington Director
Jewish Council for Public Affairs

Avram Lyon
Executive Director
Jewish Labor Commitee

Mark B. Levin
Executive Director
NCSJ: Advocates on Behalf of Jews in Russia, Ukraine, the Baltic States & Eurasia

Marsha Atkind
President
National Council of Jewish Women

Ron Soloway
Managing Director, Government and External Relations
UJA-Federation of New York

Robert Kestenbaum
Executive Director
Workmen's Circle/Arbeter Ring

 

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