The Barriers to Benefits for Asylum Refugees in the United States of America - Case Study Example

The Barriers to Benefits for Asylum Refugees in United s of America The Barriers to Benefits for Asylum Refugees in United States of America Abstract For many years, individuals facing war, terror, famine, and political instability in their home countries are likely to flee for safety. The United States has been one of the foreign countries that many refugees seek to gain entry. For a greater part of the 20th century, the United States was highly receptive of refugees and asylum seekers. However, modern day research reveals that the realities of refugees and asylum seekers have changed immensely. The study will focus on the barriers that prevent asylum seekers from enjoying legal protection and residing indefinitely in the United States. The study will adopt a qualitative approach in an effort to gather information from four groups of participants. Since the qualitative approach presents researchers with an opportunity to hold intensive discussions with interviewees, it is the best approach in this study. Semi-structured interviews will serve as the best data collection procedures. A subjective approach will be evident in this study since researchers and participants will have a close relationship. The research intends to highlight the perceptions of refugees, asylum officers, immigration judges, and lawyers concerning the barriers for asylum in the United States. The study has the potential to highlight leading barriers such as institutional factors, lack of authentic documents, emerging deterrence policies in some states, gender-based bias, and inappropriate decisions made by asylum officers. The findings from this study will be of significant importance in determining the potential intervention strategies in order to give more refugees an opportunity for asylum. Contents Abstract 2 Introduction 4 Literature Review 8 Methodology 12 Findings 12 Discussion 13 References 14 Introduction Background and Statement of the Problem For many years, the United States has been receptive to asylees and refugees from different parts of the globe. The willingness of the United States to accept asylees and refugees and provide them with a safe aboard within its boundaries has been evident since the 19th and 20th centuries. The American asylum and refugee policies highlight different requirements, that individuals seeking asylum or entry into the United States must meet. Notably, the globe has seen more that 40 million individuals face the compulsion to leave their homes in search of a better place of residence. Conditions such as war, political instability, famine, and gender-based violence are some of the reasons why people are compelled to move to new regions. Asylum seekers exhibit an evident fear of going back to their home countries in fear of the impending persecutions or violence that can be perpetrated against them. Therefore, such individuals may seek legal protection on arrival in the United States (Bastien & Telfort, 2010). However, there is an evident need for such individuals to provide evidence of the fear of persecution that they face before the American government can grant them asylum. However, numerous barriers prevent eligible individuals from enjoying the benefits of asylum in the United States. The aim of this research is to identify some of the barriers that deter asylum, refugees from enjoying legal protection from the American government. The fact that many eligible refugees do not receive asylum as required translates to the fact that many people suffer and face the danger of going back to their home country irrespective of the potential persecution that may result. Therefore, social workers have exhibited interest in exploring the barriers that prevent eligible individuals from accessing asylum. The barriers that prevent refugees from accessing asylum benefits have contributed to the increasing number of people exposed to persecution back in their home countries. Notably, failure to access asylum translates to deportation back to one’s home country. After deportation, it is impossible to apply for asylum (Knizet, 2012). Despite the fact that there are millions of people seeking entry to the United States as refugees, only a few of such individuals can access asylum benefits. Scope of the Problem Evidently, the United States have exhibited a deterrence policy towards asylum seekers. Therefore, many individuals who deserve protection do not access asylum benefits. With the increasing number of people exposed to different forms of violence and persecution, either because of their race, political opinion, religion, or nationality, the deterrence policy serves to deny asylum to many deserving individuals. More specifically, there are increasing number of refugees from Iraq, Somalia, Cuba, Iran, and Burma (Knizet, 2012). Many of these individuals seeks asylum because of their fear of persecution upon the return to their home country. In 2010, there were more than 6683 asylum seekers. Therefore, the barriers to accessing asylum benefits serve to put the lives of many people at risk. Who is affected by the Problem? The existing barriers in the American deterrence policy affect the many refugees finding their way into the United States and expressing their intention to seek asylum. Since these individuals exhibit an immense fear of returning to their home countries, denial of asylum results to deportation. After the deportation, they lose the chance of applying for asylum. Their families also suffer in the process. Significance and Justification of the Study The research to be carried out will identify some of the barriers to benefits for asylum refugees in the United States. The successful identification of the barriers will help in determining the potential solutions for the problem. Evidently, there is a salient need for social workers to ensure that individuals that are more deserving can receive asylum benefits. It is impossible to eliminate the deterrence policy without identifying the specific barriers that many asylum seekers encounter. There is an evident justification for this research because it will yield findings that can be of a significant contribution in initiating social change. With many deserving individuals lacking an opportunity to access asylum, this research will yield findings that can help social workers and other stakeholders address the problem effectively (Phulwani, Nachman, & Singh, 2014). Underlying Assumptions One of the underlying assumptions in this research is that the American Refugee and asylum policy is receptive of refugees and asylum seekers. However, the border patrol officials and other institutions that determine an individual’s eligibility for asylum contribute to the increasing denials of asylum. Therefore, institutional barriers are of critical significance in deterring refugees from accessing asylum benefits. Border Patrol officials do not carry out their responsibilities as required. They fail to determine whether refugees have any fear of returning to their home country. The failure to determine any existing fears in the refugees may prevent them from accessing asylum in the future. In addition, this research highlights the most affected group as women who face gender-based violence (Wasem, 2011). Many border patrol officials and other institutions involved in granting the asylum fail to recognize such violence in the broader social context. Purpose of the Research The purpose of this research is to identify the outstanding barriers that deny asylum refugees the opportunity to enjoy legal protection in the United States. The research will make use of a qualitative approach in an effort to determine the barriers, according to the perception of refugees, border patrol officials, and the lawyers from the American Immigration Lawyers Association. Definition of Terms a) Asylum Asylum denotes the legal protection provided by the American government to individuals who cannot go back to their home countries for fear of persecution. b) Refugee A refugee is an individual seeking entry into the United States and with special humanitarian concerns identifiable by the United States government. c) Asylum Seekers Asylum seekers are refugees who apply for asylum after spending a year in the United States because they are afraid of going back to their home countries. When granted asylum, such individuals can reside in the United States indefinitely by applying the Green Card. d) Asylee An asylee is an individual who is granted an asylum in the United States. e) Deportation Deportation denotes the act of forceful eviction from a foreign country back to one’s home country. Deportation is the action taken by the American government over individuals violate immigration laws. Literature Review According to a study carried out by Hamlin (2012), it emerged that the United States has registered an increasing level of deterrence policies in different states. The study sought to highlight some of the leading factors that have contributed to the increase in asylum denials. The author considers background information of the American refugee and asylum policy and how it has been applied over time. In the 1960s to the 1980s, American presidents were willing to grant asylum to immigrants from different regions especially from Cuba. The study links politics of border control with the increasing deterrence policies. More specifically, Hamlin highlighted that institutional and ideological barriers were the leading contributors to the denial of asylum to many refugees. In the 20th century, the United States was receptive to refugees from communist governments. Since the United States did not support communism, it was willing to grant asylum to communist refugees who faced persecution because of their ideological differences. Hamlin highlights that the increasing cost of hosting refugees is a critical barrier to asylum benefits for many refugees. After the increased levels of refugees seeking asylum, the United States began to have the conviction that the administrative costs involved were too much to bare. The study also highlighted that since 2003, the expedited removal program has been very rigorous in the determination of individuals who qualify for asylum. Unfortunately, the removal program causes the deportation of many individuals before they can be granted legal protection. Deportation burs such individuals from applying for asylum once more. Many human rights activists and social workers have criticized the removal program, which denies refugees, a fair chance of receiving asylum. Hamlin is also keen to note that many asylum seekers face the compulsion of presenting real documents in order to ascertain that they are in need of legal protection. Many asylum seekers are of the view that the asylum process is becoming very strict. Hence, many of them never benefit from the asylum protection as Hamlin highlights (Hamlin, 2012). According to Rottman, Fariss, and Poe (2009), the asylum process in the United States has received attention from different groups. Whereas politicians have often debated the issue, social scientists have sought to understand and evaluate the entire process. These researchers carried out a study in an effort to evaluate decisions that asylum officers and immigration judges made from 1999 to 2004. The study is of critical importance because it serves to determine whether asylum officers and immigration judges deny individual’s asylum even when they deserve it. The study revealed that asylum officers give minimal attention to human rights when making decisions related to the asylum process. On the other hand, the study highlighted that immigration judges are more likely to consider human rights when determining the fate of asylum seekers. Most importantly, the study also identified language barrier as one of the outstanding factors that contribute to the denial of asylum. More specifically, the study highlighted that English-Spanish and Arabic speaking applicants have the lowest rates of acceptance in the asylum process. The 2001 terrorist attack emerges as one of the factors that contribute to the changing views and increased deterrence policies in different states. Many theorists have highlighted that the terrorist attack affected the acceptance rates negatively for many asylum seekers. The study also highlights the two paths to asylum specifically the affirmative application and the defensive application revealing the potential barriers in each case. The decision of whether asylum will be granted depends on the decisions made by both asylum officers and immigration judges. Rottman, Fariss, and Poe (2009) highlight that asylum officers consider the physical integrity abuse of given countries when making asylum decisions. According to Fletcher (2006), the REAL ID Act passed in 2005 has affected the acceptance rates to asylum seekers in the United States. The passage of the Act resulted from the increasing pressure to introduce anti-terrorism and homeland security measures after the terrorist attack of 2001. Therefore, the Act requires individuals seeking asylum to present their original documents before they can be considered for asylum. However, Fletcher highlights that many individuals view the Act as one that imposes “unpredictable and unreasonable” barriers that prevent asylum officers from assessing the level of fear exhibited by refugees. Fletcher is also keen to identify institutional obstacles that many asylum seekers have to battle with in an effort to receive asylum. Gender-related persecution does not receive consideration as a valid cause of fear guaranteeing women asylum as Fletcher discusses. According to Durieux (2013), the definition of refugeehood faces critical challenges because different refugees have faced various forms of persecutions. The definition of asylum seekers is also confusing depending on the reasons that validate granting of the asylum. For individuals to receive asylum, it must be established that they are refugees. Many individuals who deserve asylum are not accepted because the officers determine that they are not refugees. In an additional study carried out by Fullerton (2010), it emerges that refugees in the United States may be subject to either torture or protection. After the terrorist attack of 2001, the United States government has proven to be highly critical in the identification of true refugees. The study explores different international conventions and their application in the protection of refugees. These international conventions place emphasis on the need for the United States to grant asylum to deserving individuals. According to Schrag and his colleagues (2010), the establishment of the Refugee Act in 1980 gives refugees an opportunity to apply for asylum. However, such refugees must reside in the United States for one year before applying for asylum. Many refugees are not aware of the requirements as well as the one-year deadline, a factor that leads to denial of asylum. Methodology The research will rely on a qualitative approach since the opinions, and the perceptions of refugees’ asylum officers, immigration judges, and lawyers handling different cases are of critical importance in determining the barriers to granting asylum. Purposive sampling will be used in the identification of ten refugees who have been denied asylum, as well as five asylum officers. In addition, purposive sampling will identify five lawyers who have handled asylum cases and five immigration judges. For this reason, the research will have four different groups of participants. The main research question in the study will be highlighting the main barriers to asylum benefits for many refugees (Wasem, 2011). The research will give attention to ethical values such as obtaining informed consent from participants, anonymity, and confidentiality. The data collection methods will be semi-structured interviews for the four groups. A qualitative data analysis process through thematic analysis will then occur. The fact that the research will rely on the qualitative approach subjectivity is likely to be one of the limitations because it introduces bias. Findings The research is likely to identify several barriers that prevent asylum seekers from gaining legal protection. Some of these will include; a) Institutional barriers b) Deterrence policies related to terrorist attacks c) Failure of refugees to present authentic documents d) Increasing costs of the administrative process involved in an asylum process e) Failure of refugees to recognize the one-year deadline for applying for asylum f) Failure of asylum officers to give consideration to the fear exhibited by refugees g) Gender-based bias affecting female applicants Discussion Evidently, numerous factors reduce the acceptance rates in the asylum process. Institutional barriers exist that pose challenges for many refugees. In addition, the institutions involved have lengthened and toughened the asylum process. Institutional barriers may not be easy for refugees to overcome in the future. Intervention by different activist groups may serve to create the required awareness in an effort to initiate change. The 2001 terrorist attack has also contributed t deterrence policies in different states. The fear associated with terrorist attacks has also contributed to the REAL ID Act of 2005, which requires refugees to present original documents. Unfortunately, many refugees are unable to produce such documents, a factor that reduces their acceptance chances. Since the United States has accommodated refugees and asylees for a long time, the administrative costs are increasing immensely a factor that contributes to a denial of asylum (Wasem, 2011). Many asylum officers do not take the time to consider the level of fear exhibited by refugees in order to validate their application. Many women applying for asylum are often rejected if they cite domestic violence as their cause of fear. Notably, asylum officers fail to contextualize domestic violence in the cultural aspect of the society. References Bastien, M., & Telfort, R. (2010). Detention of Women Asylum Seekers in the United States: A Disgrace. University of California Press. Durieux, J. (2013). Three Asylum Paradigms. International Journal On Minority & Group Rights, 20(2), 147-177. doi:10.1163/15718115-02002002. Fletcher, A. (2006). The REAL ID Act: Furthering Gender Bias in U.S. Asylum Law. Berkeley Journal Of Gender, Law & Justice, 21111-131. Fullerton, M. (2010). Terrorism, Torture, and Refugee Protection in the United States. Refugee Survey Quarterly, 29(4), 4. doi:10.1093/rsq/hdq040 Hamlin, R. (2012). Illegal Refugees: Competing Policy Ideas and the Rise of the Regime of Deterrence in American Asylum Politics. Refugee Survey Quarterly, 31(2), 33-53. Knizet, M. S. (2012). On being very afraid: why we need a consistent evidentiary standard for asylum seekers. Appalachian Journal of Law, 12(1), 123. Phulwani, M., Nachman, D. H., & Singh, R. K. (2014). The Many Faces of the Asylum Process: Applying for Asylum in the United States. News India Times. p. 28. Rottman, A. J., Fariss, C. J., & Poe, S. C. (2009). The Path to Asylum in the US and the Determinants for Who Gets In and Why. International Migration Review, 43(1), 3-34. doi:10.1111/j.1747-7379.2008.01145.x Schrag, P. G., Schoenholtz, A. I., Ramji-Nogales, J., & Dombach, J. P. (2010). Rejecting refugees: homeland securitys administration of the one-year bar to asylum. William & Mary Law Review, 52(3), 651-804. Wasem, R. E. (2011). Asylum and "Credible Fear" Issues in U.S. Immigration Policy. Congressional Research Service: Issue Brief, 1-35. Read More