Unwelcome mat

Page 2 of 2 -- The bill proposes that a suspicious demeanor can be grounds for denial. It can be overwhelming to speak with a government representative when one has been persecuted by one's government. It can serve as a trigger to relive what has happened, thereby making someone look distant or hyper-aroused. At the same time, there are differences cross-culturally as to how one shows respect to authority. In some cultures, one may intentionally not look at authority figures, as it is impolite to do so. It may be both foreign and difficult to talk to strangers about intimate details of one's life. Furthermore, the ability to trust can be affected by trauma, making someone look suspicious.

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Even if a case is denied, our immigration law allows for an appeal. In the new rendition, if the appeal does not occur quickly enough, an asylum seeker may be deported. There is already pressure on immigration judges now. The appeals process before the Board of Immigration Appeals and then the federal court is a check for the system. Using the immigration judges not as independent evaluators but as homeland security screeners is not the solution to terrorism. We have to look at the causes of terrorism rather than screen out people who are fighting for democracy in their own countries. As it is now, the pass rate is low, particularly if someone does not have legal representation. The system needs support to make it work, not greater demands to make it less functional.

The legislation does not allow due process, which is fundamental to American justice and a necessity for democracy. With the globalization of human rights, what happens in the United States greatly influences what happens around the world. Asylum-seekers who have fled due to violations of their human rights often come to the United States because they think this is where human rights are highly valued. What are we saying to other countries that consistently do not respect individual rights? Trying to limit the process of asylum as called for in this bill would threaten the basis of human rights. Creating an asylum system based on fear would challenge the rule of law.

It is important not only to look at this issue from the standpoint of the group of asylum-seekers but rather the potential impact on one asylum-seeker at a time.

Dr. Lin Piwowarczyk is co-director of the Boston Center for Refugee Health and Human Rights.