REQUESTS FOR ASYLUM

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• Publication Date: March 26, 1986
• Content Type: MEMO

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Foreign Affairs Manual
1 FAM 820 (Pg.1)
820
BUREAU OF HUMAN RIGHTS AND
HUMANITARIAN AFFAIRS (HA)
821 ASSISTANT SECRETARY FOR
HUMAN RIGHTS AND
HUMANITARIAN AFFAIRS (HA)
(TL ORG-161 6-10-83)
a. ..0.11.1g1LIGIDALLgaGGI:Wagailm=emaggid=rilLt.for poli-
cy counsel at decision-making levels on matters relating to
human rights and humanitarian affairs in the conduct of U.S.
foreign policy, and the Department's review of asylum re-
b. Is the focal point within the Department for continuous
observation and review of all matters pertaining to human
rights and humanitarian affairs in the conduct of foreign pol-
icy. including general oversight of the following:
(1) Information-gathering regarding human rights in
each country for which the United States is proposing securi-
ty or development assistance;
(2) Preparing the statements and reports required by
Congress pertaining to human rights practices in foreign
countries;
(3) Preparing reports for the President to submit to
Congress on instances of discrimination against United
States personnel performing authorized services under the
provisions of the Foreign Military Sales Act; and
(4) Preparing, upon Congressional request, reports on
specific countries regarding exclusionary policies and prac-
tices based on race, religion, national origin, or sex.
c. Makes recommendations to the Secretary and the
Agency for International Development (AID) regarding
compliance with the human rights provisions of the Foreign
Assistance Act, as amended.
d. Performs such other responsibilities as may promote
increased observance of internationally recognized human
rights by all countries.
821.1 Senior Deputy Assistant
Secretary for Human Rights and
Humanitarian Affairs
a. Monitors human rights developmentsthroughout the
world, coordinating with human rights officers in the relevant
geographic and functional bureaus and concerned officers in
the Agency for International Development (AID); is respon-
sible for developing human rights objectives and strategies,
and for monitoring pursuit of those objectives.
b. Is responsible for assuring that human rights policy
and legislative mandates are observed in decisions on securi-
ty assistance and export control matters.
c. Monitors the human rights activities of the United Na-
tions and other international organizations, and provides pol-
icy guidance on human rights matters to United States repre-
sentatives accredited to these organizations, in close
coordination with the Bureau of International Organization
Affairs.
d. Is responsible for assuring that human rights policy
and legislative mandates are observed in decisions on devel-
opment assistance, including activities of international finan-
cial institutions.
e. Oversees administrative matters for the entire bureau.
821.2 Deputy Assistant Secretary for
Human Rights and Humanitarian
Affairs
a. Responsible for developing the policy carried out by
the bureau, ensuring that bureau responses to human rights
developments serve the U.S. Government's human rights in-
terests and overall foreign policy, objectives, identifies new
initiatives, and supervises policy studies.
b. Manages the bureau's relations with all nongovern-
mental groups concerned with human rights issues. Also su-
pervises the public affairs, press, and congressional
functions of the bureau.
c. Oversees the operation of the country reports unit,
which coordinates preparation of the annual human rights
country reports mandated by statute, and also works to re-
fine and improve the Department's information-gathering ca-
pability on human rights matters.
d. Develops a role for the bureau in expounding United
States ideals around the world and in improving the precon-
ditions for good human rights practices.
11821.3 Deputy Assistant Secretary for
Humanitarian Affairs
a. Provides leadership in the formulation and execution
of U.S. asylum policies in accord with domestic law and inter-
national obligations.
b. Manages the operation of the Asylum Division and ex-
ercises policy direction and operational control of the asylum
process, assuring coordination with geographic and func-
tional bureaus.
c. Maintains liaison with the Department of Justice and
the Immigration and Naturalization Service regarding policy
and operational aspects of the asylum process.
822 through 829 (Unassigned)
Volume 1 - Organization and Functions
821.3
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3447
?
DEPARTMENT Of STATE
REQUESTS FOR ASYLUM
Policy and Procedures
enents and ageneleS. CepieS were also
eent to all American diplomatic and e0n-
rsler poste Instructing them t?O O0Orell-
nett Implernentniton by U.S. Govern- ?
rent Unite Within the teretaS of their
juri_c.distion.
February 1, 1972.
fss.A1.] WRLIAM P. ROCZRS,
Secretary of State. an,
Javrea e 4. 12.
J' 1?Grervae Pomer Post DT_ALING WITH LC':
roe As Tete* Pc,exacit
The f011ewine proe.edOree were Leane-
r:Li:Led by InereerandUin of Jan--tszy 7,
n72, to all U.S. Government depart-
,
menta and agencies of the U.S tloverament,
under the cooedination oe the Depertment
State, to take steeps to bring to el,:ry ezheeon
of the U.S. Government which could pos-
sibly be Involved with verse-me aseking moslum
a sense of the depth and urgency 'Of our
?cannel tenant.
Parr ri?trAm-D7.1-fc ASTLIIM FLI-QUInSTIS
PIIISONS IN THC UNITED STA T7-4 OR Di COThrial
s Ovrator Mgr Folczicri Josimicerrox
All U.S Government personnel who may
receive a reque-et from a foreign natfoes./ for
asylum within territory under the Lion of the United SLates, or esixard a
ecr-el or Mrcraft in or Over VS territorial
waters or on ce over the g seas, abould
become thoroughly fa..=ntar with procedure*
for the hazdjing of a
requests.
enting instructions Issued by Oove
encles to eetablish the?se proc
ould reoelve the widest d11,6e:n1
ong such personnel.
PIT?Ctd111C.I. A. Upon receipt of ?
asylum from a a foreign national
ication that a request from a fore
/neple-
raiment Prat...0MB Wrritrs PoatIcri Jenuceicermers
AN:lured This Instruction bete forth procedures for
referral to headquarters for instruction&
C. US. Government 'wearies should also
inunediately inform the nearest office of the
alLa!gration and Naturaile.ation Serv100
(INS) of any request for asylum, furniah
all details' known, and arrange to transfer
the case to INS as soon as feasible. Agencies
should continue to follow any procedural
already in effect between themselves a.nd
D:?1. Por INS only: Where INS has reoe/vsd
a direct request for asylum and has assumed
juriedIction over ? routine case in which
forcible repatriation or deportation la not
Indicated, Ms may follow exieting notiftea-
tion procedures In lieu of the specie.) alerting
proc.edure to the Depertmeet of State de-
Scribed above.
PAST ra?HA/amay4c As rLtrair P.-egITS2.111 BrY
N17.-Ic?Nktis? tio
?
Pslic-s Both within the United Staters and man
ci
abroad, foreign nativnals who request asylum Ce
af the V.S. Government owing to pereecu- ph
tion 0.7.,..fear of persecution should be given me
ttJJ topertunity to have their requests con- qu
I.Dr3 for esylum or tempora.ry refuge 'ball not the
nation all 17..S. Government agencies e.broad In deal-
ing with asylum requests at U.S. ".
request Vona, vasaels, or aircraft In foreign
or an jurist/lid:10rue
nal Is imminent, 1:1.8 Government
ee should inunedietely notify the Dep
t Operatioras Cefficer at the Opera
titer of the Department of State (
one area code 202. 632-l5l2). The
rat Operations Officer will refer an
est to the appropriate offices in the
agen-
art- While It Is the policy of the Vatted States
!Ions not to grant asylum at Its units or Inetalla-
Tele- Cons within the terriMrial jurizoliction of a
Depart- foreign state, any requests for U.S azylluz
y re- abould be reported in accordance with the
Depart- procedures set forth herein.
u. GLINTING TLYPOLIAT secricese
L clisscrnsG ?eorttrhit
side:ed on their merits. The request of a per- me
be erettrarlly or summarily refused by U.S. 'sal
persormel Receuse of the wide variety of ikasu
eircuresta_nees which may be involved, each TM
request must be dealt with on an individual ward
Leos, taking Into account humanitarian cer
princ!ples, applicable laws and other far-tori. but
a CIL, es of such requests occurring within pan
foreign jurisdiction, the ability of the U.S. I.
Gesermeent to give aerestauce will vary with seek.I
iocsticn and circumItances of the request. 2.
Us ototeefieee. A basic objective of the 3.
rz.!...,,J States Is to promote institutional and his
Meer-id...al freedom and burnanita.ris.n con. 4,
cem ler the trestment of the individual. hes
Through the in:plementat1on of generous li.
refueers, the ignited States provides leader- 13.
1,-`1p teserd reeolving refugee problems, era! t.
ficoee-oer.d. A primary cor_cideratIon in 7.
Vs LA.-seem policy Is the -Protocol Relating 8.
to the Ftsius of Refugees," to which the k.noa
Veited Etalrz bm a party. The principle of agYhern
sesiten ioecrent In this internatIoiaal treaty begs, a
(a_nd In the le51 Refugee Convention whose, P.
aubstaLthe prorts10-1.5
nt of State end well maintain contact with
on ofdoer in the Department of
nets charge of the ease,
e following information should be
ed to the Department OperatIons
at the Ooerstions Center when avail
the Initial report must not be del
ding les development:
Name
and nationality of the inceri
rig asylum.
Date, place of birth, and nocupatio
Description of any documentation
paesesel on.
What foreign authorities are aware
seeking asylum.
C'ircumstances surrounding the requ
Slum,
- ?
lexact location_ If abc,ard vessel or
ETA at nert intended port or airport
Reason for claLming asylum_
Deseriptiora of any criminal chug
a or elleged to be pending sealn.st,
seeker. indicate &leo any piracy
ir piracy, or hijacking background.
Any Conane
V.S. agency involved until the desgreateel
State immediate ienaporar7 refuge for humani-
tarian reaeona however, may be granted (ex-
for- cept to board aircraft became of their
onn- rulnerishllIty to hijacking) in e_xtreene
or
able exceptional circumstances wherein the Life -
ayed or safety of ? person la put In daneer, such
as pursuit by ? mob.
dual When such temporary refuge is granted, .
the American Entfbreasy or consular office
n. having juriedicteon. the Washington bead.
in quarters of the concerned agency, and the
Department of gtate should be Immediately
of notitled. Military units under direct Errabsusgy
jur1F-41c1.100 will report through the Embassy.
est unlesa the senior diplometic orcifil deter-
air- TO the extent circuraNtances permit. per. - 3
. sons given temporary refuge eh ould be
afforded every reasonable care and protee-.
es Lion. The measures' which can prudently
the be utilLee-c1 in Providing this protection must
at be ? matter for deeleion of it:.
pc,i1c;es of sulum and assistance for political for es
mines otherwise. .
y e ereece in. affilist
ev-porated In the Protocol) and it s explicit gore
prohltitIon against the forcible return of OCCI-IPI
refugees to conditions of pereecution, have Tele
solid:fed theae concepts further in Interns- Center
tiona1 Law. As a party to the Protocol, the MIAs
Vnited States has an International treaty gram
otemstion for its Implementation within hag an
arvas subject to jurisdiction of the Malted
!hates
B.
- V.S. partidpatIon In aa_rilmance program, stic.at.e4:1
vided
for the relief of refueees oueode jurls- se-cority
in do-ocn and fcr thesr permessent re.Nattlernent early La
axyluee or other conntriez helps rreelve 'assure
eortiee, rc.fuzbe problems It also avoids ex- force aii;
re s.,x-..:InulatIon of refceees In Lein.= tion wh
ce sr. tries s-nd promotes th e wel regn ea of the ts..1rIng
lar r-aintain policies of asylum ice sennel
otter e.mirlog refugee*.
Nixoe hoe reernpleseleed the U.S. inquirie
ra&a.ry
Itt ug-.a and exxrimit..T,ecit to the provalaloa of asylum for will be
otrect,ci apprz.N..riate de?e_rt- with a
?
Party affiliation- or
ion with other po/Itical party; any
ratoent altos now bled or previoualy
ed,
phone notetcation to the Operations
Should be confirmed as D.I.91] as pew.
with an immediate precedence tale.
to the Department of State auminarir-
available information.
Safe protective custody will be pro
to the asylum seeker and, where ha
, appropriate Uess enforcement or
authorities will be brought in as
poesoble. interim measures taken to
bele custody may loc2ude the 11-9 car
&Mit attempt, at forcible repatriee
ere rr cans or rei'atance are av?ilahle
Into accoa ae-ety of U.S. pec-
an/1 ueing g-rrater force than DaC,-
to protect the indleiduel. Any
a from Interested foreign suthorilles
met by the senior official present
reepones that the osse has been
or VII
Jai present at the aoene, taking into
consideration the safety of American per. i
'tonnel and the established security pram- 1
dures for the unit or installation conc-erned 1
Protection shall be ternitr_ated when the
period of active danger is ended. except that . t
authority to do ao Clan be obtained from
initanation not und
the Department of State. Wheee ? military
c ombeasy juris-
diction li involved, ruoh authority ahall be
obt..!nbd from Its Washington headquarters
- upon concurrence of the Department et
Stale. Any Inquiries from interested foreign
authorities will be ,et by the senior official
pre,-ent scab a respense that the c_..,,e has
. been referred to WiathIncton.
#
La. xi:nano-anon To rr
AirL1714 ?....-0-r,rIll . or rrarz ar
.
i
Upon receipt of a reesteeet for U.S Josh= t
made by any foreign national, U.S. person-
nel within foreign juelettictIon aleuld notify
or 00 '
In^ -ne.C1Ately '',e raeart Arruoican dip:c.,..ra-tio
aeru-se pesos In the country in ?:!:1 tbdi
?
PEDVIAI. -
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-41
razor-4 ti made. Ernbassiee or Consulate's will
forward this information to the Department
of State by an intmediate precedence tele-
gram. Ancles having their own rapid corn-
mur.1icoa eye:eras w;th din--i contoot with
their 10......ictuarters in the Urtted States may
trfy three hood tart Loa, with infornatjon
copies to the nearest Embassy or Coosular
off,
ad the Depe.r....rnent of State, by Ina-
tro-d!hr...e precede-Goo me...Age.
Ti. Dr791_1(ATIO X TO AS 'TIAN NICTTTICD
SVIth reeloect to requests for temperer/
re",:ge (whether or Lot granted) or for Lay-
hun, the followiug Information should be
for airOed when available but the initial re-
p.m al aeul d nZ4 be delayed pen ding 114
de v r I otcreent
I. Name and r-ationollty of the individual
Beortng asylUXEL
Dute, plate of birth, and ooce,opetlon.
S. Deeeriptiora of any doouruentatiornhi his
?L.. at-orlon.
l.? What foreign authorities ALM aware of
b-Isieekilag asylum- .
8. Circumstancee surrounding the request
for
locaton. If aboard vessel or alr.
craft, ETA at nert intended port or airport_
7. Re.oaon for claiming asylum.
a. Deeeription of any cr, n cluo-ges
linovon or alleged to be pending agaixi the
aro' I um reeler. Lodi rate also any piracy at
see, air piracy, or hijacking baokgrou.nd.
9. Any Communist Noll an.liation or
Its ti on el th other poll ti cal party-, any'gov
ern meot croMe now held or pre rioual y
ce.oupi
V. 0111.C.1 TIC &ND ULLA tS'T&3LIiHMrwrI
A. Requests for asylum. Requests for asy-
lum made at U.S. diplomatic and consular
rattt41.11 continue to be dealt with
in co -dance with the provisions of Volume
2.1 section 225.7 of the Foreig-n aflaire Man-
ual, corept that, should temporary refuge be
geed, the authority of the Departine_nt of
&tete must be obtained before iroch refuge is
teomLoated.
B. R tine err; orate. P-equarte of third
esyoroal II.Itior_i.11 for azyltun made to eliplo-
rnatic and consular offices need not be re-
torted Immediately to the Department of
State when ail of the following ounditione
exist:
(a) Adequate bast government reao'llnery
is well establiabed which, in the opinion of
the Emiaasy, aa..u-es tis factory prytecol on
of th ? say) urn seeker's rights.
(b) There is no evidence of danger of fccrc-
fble repatriation.
(c) Loc-al authorities can be expected to
soeurne rmlonsibility for the aeylum seeker.
C. Cooedinotton erith host country sit-
VI-crrittr_a. Acticn with regard to third country
or-tin:tale seeking arylurn should nc.rmally
be token within the overall policy that the
? t 1E4? of arylum La the right and re-nort-
subillty of the t,-co-ernmeot of the country In
whore teol tory the requ est is nuole. Unlese
the rihatsy d-ems that there are cogent
recoona for flat doing so, the-.e author-Mee
ahould be informed by the Embassy aa 90071
es practicable of the request for asylum.
Art:vines abcruld also be coordinated by
the robasay with the representative of the
'united Nations High Corn:olio-1cm er for
E.of ogees ( UN-/3 she re such a rt preae nt
at: ve Is reoldeot and the Embassy dee-ma tt
appropriate. The trer. HCR Is ? valuable In-
stroment for providing Late-manorial pro-
,
toction and mart.tring adequate legal and
loolitical status for refugees In addition to
providing guaorot tees agal rust focci bl ? reps-
triatitan, the IINSCR er.e ka to reecirre for
ea:a:gee.' legal. political, economic and social
.notts er.t.hin aeylum c000trleA.
NOTICES
_
D. /ennoble U.S. easirtancr. The United
States is prepared In the Label of selected
refugees to provide care and maintenanoe,
and to waist In local settlement in the COUII?
try of fL-st asylum or in an country of
resettlement, Including the United States.
Such sae:stance iS normally proAlded through
vo:u.nta-^y agencies under ? contract with
the Deportment of State. he ceoese.ier, the
A:robe:ay or Cousular Office has determined
that U.S. lAS Iltk.ri C4 is warranted, It should
telegraph the Departme.at of State recom-
mending the type and ertet-t of Initial aid
and ultimate rweettlernent cenoidered mast
NW table.
(PH Doc.72-2327 Med -24-72,s.2S.7 am]
(Public 3..57]
ENVIRONM E IMPACT
STAT ENTS
issuance of artmental P
? dures for Pr ration and
dination
. -
. - ? -
I
proposed action will have oz the human
environment. The inquiry fito environ-
mental effects Is mandat4thdeper1dt
4
of the requirement lo file vtronmen1
impact statements, by se tion 102(2) )
of the act, which r*qu!s procedures to
Insure that presently mquanted' en-
vironmental ame eikM values onSty be
given appropriate /conslderatlon In
decision making aim with e noc and
technical cor.sidera ons. CEQ Guidehne
No. 1 derscoreafthis by
that t? ? purpote of section
to b ? into e fgency d
tion of 'th en vi
an a rocriate an
? ? . a
rtnr
, ed a.cti
plemen
spirit, of
nt for e
edural re
Notice is hes ? -given of the p
tion of propose rekedures of
partment of I.e. after cons
with the Co ?
Quality, in ance with the
on Environ
ments of sect 102(2)(C) of
tonal Enviror ental Policy Act
Public Law 9 190 (42 USC.
(C)); section of Executive Ord
of March 5, 70; and u-ction
guideline fo statements of
Federal actio affecting the envi
promulgated the Council on
raental y (36 F.R. 7724,
1971) hereb incorporated by
and herea referred to as
Guidelines. procedures, w
lished, will ? published In
Affairs nal of the Dep
State. Th proposed proced
follows:
1. Ge aZ. Attention is
National ak?vironmental Po
1969 and ? the Guidelines
Agencies under the Natio
mental ? dic-y Act (NEPA)
Council on Environmen
(CEQ) "aril 23, 1971. Exc.ep
by the r nt policy gold
Guidel es will be deemed
tactic -14 the Department
with ? ides and proyisior
These i?rocedures do not
Agen for International
the Control and
As en , and the U.S.
Ag en These procedures
appl to the United Ste
Irate ? . tioiaal Boundary
ra which operates
ible d more specialize
2. ? eferrraning the
impact stat enters
or an en vironrnen
me is required under
an.' filed for any Depa
pcl es and provisions
-I the environmee?
po
al
actions be consi
of eciding on the n
rn ital impact statere
t action will itae
? ana? Ira., of tl
FEOEPA.L ILEc !STE
lica-
De-
don
ental
uire
N;
I 196).
332(2)
r 11544
of the
ropot-ed
nMent
Prti 23,
fence
e'CEQ
n tab-
Fporeign
t
- ? of
'are as
el'At4 Act of
cy f
or Federal
pnviron-
ued by the
Quality
a6 modified
; the CEQ
p11 cable to
complying
I the NEPA.
ioply to the
-velopment,
asarmarnent
Information
ewise do not
section of th
d Water Com
der cornpat,Lt
procedures. / t
d for enefrotI4
. (a) Wheth
Impact ata
don 102(2) (
ent action,
the act req
effects of
red. The p
for the envi
I. on any De
require an e'n-
effects that the
rewriiiitne
02(2)(C) is
Lsionmaking
careful con-
ental aspects
and tnaedst a2enc1es
not on]
act. 'A
t comp
uiremen
)(C) is p ot be taken lightly, it must
empha4lzed that theiesserce of the act
'
the need /r real elaside_ration ofen-
vironmeatal ffects.
(b) Seiction 102 (2 (C) of NEPA re-
quires Ph emlronrndntal irlpact state-
ment on proposals ;for legislation and
other major Federal actions a1aluatly
affecting the quality of the he_man en-
vironment. 'Therefore, an activity which
re-quires statement must both be a
major/ Federal action and in tat siamti-
cantlY affect the ulvironinent. Ft a gen-
eral elaboration r of the terms, tee the
CEQ /Guidelincs,! especially CEQ Guide-
lines/5(a) and 5 ).
Reipon-sib ity within the Depart-
. The Gape cet Environmental Af-
(gCliEN) heat primary resolaii-
tty or the Dnortrqenta compliance with
NEPA. Jointly with
oamental Affairs, the
partment aohlot has
.ty over any proposed
on shares r.wa.porasibility for determin-
ing awhether an inavironrnental impact
tement will be needed, or in the case
the International Boundary Commis-
on and the Intkrnational Joint Corn-
ls.dorl. the United States! section
kreof. (ich section Is herernaftes
Ira-
hided in term "Bureau.") In order
determje whether the proposed action
will be a major Federal action 'dente-
diantly aff tang tpm quality of the human
seaviro ? en,," the Office of Enviroimen-
ii together with the Bureau.
Inv tigate thorouglaly the direct and
un direct ental effecta of the
? propos They will solicit infor-
,; mation er areas of the Depart-
ment, f r Federal agencies with
Juriscil aw or special expertise,
the CEQ, with respect
entad impact involved.
organizatior-s, to the
to supplement work in
vironmental impact of
. In assessing the need
cots regarding any
an, the fonowing guides
red: ?
(a) Not eDea-artznent actiatty
be co a "major Federal setae ,
for th of the act, Fix cots:a-
general cis-ea-es ot
the letter, letter, bat
e the require-
ance with the
of section 102
the/ requiremetats
the 1;:enee of
B4reau of
o rsitIonal Eut.loo
en
act o
rom o
?m at
Ion by
ed
enviro
In priv
as de
to any
and f
extent
evalua
the p
for
p.art c
bill
voi.. 17, NO. 32?_WEntaZ3DAY, FEULIAIT 16: 1972
Mt,
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Federal Register / Vol. 45. No. 208 / Friday, October 24, 1980 / Notices 70621
ti I ME NT OF STATE
. Notice 720
sts for Asylum
following guidelines are intended
pleni(nt and modify Public Notice
FR 3447. February 16. 1972), with
to notification to the Department
te of actual or imminent requests
ylum. Whereas Public Notice 351
ed immediate notification of all
equests, the following guidelines
!ish criteria for distinguishing
requests which call for immediate
notification and those requests which
need only be brought to the attention of
the Immigration and Naturalization
Service.
Guidelines fur Notification to the U.S.
Department of State of Requests for
Asylum '
The Department of State wishes to be
notified immediately of any request (or
imminent request) for asylum which is
politically sensitive or involves the .
possibility of forcible repatriation. In
particular. the Departrilent of State
should be informed immediately of a
request for asylum from:
(1) Any national of the Soviet Union;
(2) Any national of East Germany.
Romania, Poland, Hungary.
Czechoslovakia, Bulgaria, Mongolia.
Cuba, Albania, the People's Republic of
China, North Korea, Vietnam, Laos. or
Kampuchea, who is present in the
United States as part of an official visit,
formal cultural or athletic exchange,
exchange student program or state-
owned business or enterprise activity, or
who is in transit through the United
States in such capacity.
(3) Any foreign diplomat, foreign
consular officer, or foreign official,
regardless of the country;
(4) Any other alien who asserts there
is a serious threat of forcible
repatriation to himself or to his family. -
In addition, the Department of State
should be informed immediately of any
request for asylum which for other
reasons presents special problems
calling for the Department's prompt
attention. Other requests, not calling for
?
such attention by the Department of
State, should be brought to the attention
of the local district director of the
Immigration and Naturalization Service.
United States agencies or other
authorities receiving a request for
asylum meriting the Department of
State's prompt attention (or knowing
that such a request is immrnent) should
immediately notify the Department of
State's Operations Officer at the
Department of State's Operations Center
in Washington, D.C. (Telephone: 202? s?
632-1512.)
Dated: October 1. 198O.
For the Secretary of State.
Ben II. Read,
Under Secie for). for Alonost.menL
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? 207.5
from a denial of refugee status under
this chapter.
9 207.5 Waiting lista and priority of han-
dling.
Waiting lists are maintained for
each designated refugee group of spe-
cial humanitarian concern. Each appli-
cant whose application is accepted for
filing by the Immigration and Natural-
ization Service shall be registered as of
the date of filing. The date of filing is
the priority date for purposes of case
control. Refugees or groups of refu-
gees may be selected from these lists
In a manner that will best support the
policies and interests of the United
States. The Attorney General may
adopt appropriate criteria for selecting
the refugees and assignment of proc-
essing priorities for each designated
group based upon such considerations
as: Reuniting families, close associa-
tion with the United States, compel-
ling humanitarian concerns, and
public interest factors.
207.6 Control over approved refugee
numbers.
Current numerical accounting of ap-
proved refugees is maintained for each
special group designated by the Presi-
dent. As refugee status is authorized
for each applicant, the total count is
reduced correspondingly from the ap-
propriate group so that information is
readily available to indicate how many
refugee numbers remain available for
issuance.
9 207.7 Physical presence in the United
States.
For the purpose of adjustment of
status under section 209(a)(1) of the
Act, the required one year physical
presence of the applicant in the
United States is computed from the
date the applicant entered the United
States as a refugee.
9 2078. Termination of refugee status.
The refugee status of any alien (and
of the spouse or child of the alien) ad-
mitted to the United States under sec-
tion 207 of the Act shall be terminated
by any district director in whose dis-
trict the alien is found if the alien was
not a refugee within the meaning of
section 101(aX42) of the Act at the
74
8 CFR Ch. 1 (1-1-85 Edition)
time of admission. The district direc-
tor shall notify the alien in writing of
the Service's intent to terminate the
alien's refugee status. The alien shall
have 30 days from the date notice is
served upon him/her or, delivered to
his/her last known address, to present
written or oral evidence to show why
the alien's refugee status should not
be terminated. There is no appeal
under this chapter from the termina-
tion of refugee status by the district
director. Upon termination of refugee
status, the district director shall proc-
ess the alien under sections 235, 236.
and 237 of the Act.
PART 208--ASYLUM PROCEDURES
Sec.
208.1 Jurisdiction.
208.2 Application.
208.3 Filing application.
208.4 Employment authorization.
208.5 Burden of proof.
208.8 Appearance.
208.7 Advisory opinions from BHRHA.
208.8 Decision by district director.
208.9 Renewal of asylum request.
208.10 Asylum request in exclusion or de-
portation proceedings.
208.11 Asylum requests after completion of
exclusion or deportation hearing.
208.12 Legal liability of asylees.
208.13 Definition of country of habitual
residence.
208.14 Definition of firm resettlement.
208.15 Termination of asylum status.
208.18 Expulsion of former asylees.
Arraoarrr: Secs. 101, 208, 94 Stat. 105: 8
U.S.C. 1101, 1158.
Sous= 45 FR 37394, June 2, 1980, unless
otherwise noted.
it 208.1 Jurisdiction.
(a) Jurisdiction over any application
for asylum made by an applicant for
adminission at a port of entry lies with
the district director having jurisdic-
tion over that port of entry. Initial ju-
risdiction over any application for
asylum made by an alien in the United
States lies with the district director
having jurisdiction over the applica-
tion's place of residence.
(b) Exclusive jurisdiction over an
asylum application filed but an alien
who has been served a notice of refer-
ral to exclusion proceedings under
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opportimity to inspect explain, and
rebut the opinion, it.s provided iii
? 103.2(b)(2) of this chapter.
(e) Approval. When an 1-589 is ap-
proved, asylum status shall be granted
for a period of one year from the date
of approval.
(1) Annual interview of asylee. Every
asylee shall be interviewed annually to
determine continuing eligibility for
asylum and eligibility for adjustment
of status.
(2) Extension of asylum status. If
after the annual interview it is deter-
mined that an alien is still eligible for
asylum, but does not wish or is ineligi-
ble to adjust status under any section
of the Act, his/her asylum status may
be extended for one year.
Genera..(f)De_ni The district
dii=ec or s all ?deny a request for
asylum or extension of asylum status
if it is determined that the alien:
(i) Is hot a refugee within the mean-
ing of section 101(a)(42) of the Act;
(ii) Has been firmly resettled in a
foreign country;
(Hi) That the alien ordered, incited,
assisted or otherwise participated in
the persecution of any person on ac-
count of race, religion, nationality,
membership in a particular group, or
political opinion;
(iv) The alien, having been convicted
by a final judgment of a particularly
serious crime, constitutes a danger to
the community of the United States;
(v) There are serious reasons for
considering that the alien has commit-
ted a serious non-political crime out-
side the United States prior to the ar-
rival of the alien in the United States;
or
(vi) There are reasonable grounds
for regarding the alien as a danger to
the security of the United States.
(2) Discretion. Among other
grounds, the district director may
deny a request for asylum or extension
of asylum status in the exercise of dis-
cretion if it is determined that there is
an outstanding offer of resettlement
by a third nation where the applicant
will not be subject to persecution and
the applicant's resettlement in a third
nation is in the public interest.
(3) Applicant for admission. If an
asylum request by an applicant for ad-
Service, Justice ? 208.8
? 236.3 of this chapter, or served an
order to show cause under ? 242.1 of
this chapter, lies with the immigration
judge. Except upon the motion of the
district director, an immigration judge
shall not remand an application or ter-
minate a proce !ding on the ground
that the district director has failed to
adjudicate an asylum application filed,
or allegedly filed, prior to the issuance
of the order to show cause or the
notice to appear for exclusion proceed-
ings. Any previously filed but unadju-
dicated asylum application must be re-
submitted by the alien to the immigra-
tion Judge.
(48 FR 5885, Feb. 9, 19831
0 208.2 Application.
Application for political asylum
shall be made on Form 1-589, "Re-
quest for Asylum in the United
States." The applicant's spouse and
children as defined in sections
101(b)(1) (A), (B), (C), (D) and (E) of
the Act, may be included in the appli-
cation. Each application shall be ac-
companied by a completed Form 0-
325A and an FD-258 fingerprint chart
for every individual included in the ap-
plication who is fourteen years of age
or older.
0 208.3 Filing the application.
(a) With the district director. The
asylum application shall be filed in
triplicate with the district director
when the applicant:
(1) Is seeking admission to the
United States, or;
(2) Is in the United States, regard-
less of status, and has not been served
either with a notice to applicant for
admission detained for hearing before
an immigration judge or with an order
to show cause.
(b) With the immigration judge.
Asylum 'quests made after the insti-
tution of exclusion or deportation pro-
ceedings shall be filed in quadruplicate
with the docket clerk of the immigra-
tion court. Such asylum requests shall
also be considered as requests for
withholding exclusion or deportation
pursuant to section 243(h) of the Act.
(45 FR 37394, June 2, 1980, a-s amended at
48 FR 5885, Feb 9, 19831
0 208.4 Employment authorization.
Upon the filing of a non-frivolous I-
589. the district director may, in hs
discretion, grant a request by the ap-
plicant for employment authorization.
0 208.5 Burden of proof.
The burden is on the asylum appli-
cant to establish that he/she is unable
or unwilling to return to, and is unable
or unwilling to avail himself or herself
of the protection of the country of
such person's nationality or, in the
case of a person having no nationality,
the country in which such person ha-
bitually resided, because of persecu-
tion or a well-founded fear of persecu-
tion on account cf race, religion, na-
tionality, membership in a particular
social group, or political opinion.
0 208.6 Appearance.
The applicant shall be examined in
person by an immigration officer or
judge prior to adjudication of the
asylum application. The personal ap-
pearance of any children included in
the application may be waived by the
district director or immigration judge.
V4t7 1. Advisory opinions from the
?u eau of Human Rights and Humani-
tarian Affairs.
Upon receipt of Form 1-589, the dis-
trict director shall in all cases request
an advisory opinion from the Bureau
of Human Rights and Humanitarian
Affairs (BHRHA) of the Department
of State. The immigration judge shall
request BHRHA advisory opinions as
prescribed in ? 208.10(b) of this part.
0 208.8 Decision by the district director.
(a) Discretion. The district director
may approve or deny the asylum ap-
plication in the exercise of discretion.
(b) Writing. The decision of the dis-
trict director shall be in writing.
(c) Appeal. No appeal shall lie from
the decision of the district director.
(d) Decision based on BHRHA opin-
ion. If the decision is based in whole
or in part on a BHRHA opinion, the
opinion will be made part of the
record of proceeding unless it is classi-
fied under Executive Order No. 12356
(47 FR 14874; April 6, 1982). If the
BHRHA opinion is included in the
76
001-7 is denied, he/she shall be ex-
pedlt lously placed under i?xclusion
proceedings, the applicant
elects to withdraw the application for
admission.
(4) Applicant in the United States. If
a request for asylum or extension of
asylum by an alien in the United
States is denied, the district director
may in his discretion, grant voluntary
departure pursuant to 0.1. 242.10, or
commence deportation proceedings
pursuant to 8 CFR 242.1.
[45 FR 37394, June 2, 1980, as amended at
48 FR 20684, May 9, 1983]
0 208.9 Renewal of asylum request.
Where an application for asylum is
denied by the district director, the ap-
plicant may renew his/her request for
asylum before an immigration judge in
exclusion or deportation proceedings.
11208.10 Asylum requests in exclusion or
deportation proceedings.
(a) Application. A request for
asylum made in exclusion or deporta-
tion proceedings shall be made on
Form 1-589.
(b) BHRHA advisory opinion. When
the asylum request is filed, the hear-
ing will be adjourned for the purpose
of requesting an advisory opinion from
BHRHA. The immigration judge shall
not request an opinion if it has been
received in connection with an applica-
tion under I 208.7 of this part unless
circumstances have changed so sub-
stantially since the first opinion was
provided that a second referral would
materially aid in adjudicating the
asylum request. The BHRHA opinion,
unless classified under Executive
Order No. 12356, will be made part of
the record, and the applicant shall be
given an opportunity to inspect, ex-
plain, and rebut it.
(c) Record and non-record evidence.
Both the applicant and the Service
may present evidence for the record in
the exclusion or deportation proceed-
ings. Additionally, the Service may
present non-record evidence to be con-
sidered by the immigration judge, pro-
vided the information is classified
under Executive Order No. 12356.
When the immigration judge receives
non-record evidence, the applicant
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shall be informed as to whether the
character of the evidence concerns po-
litical, social or other conditions in a
specified country, or personally relat-
ed to the applicant.
(d) Disclosure of non-record evi-
dence. The immigration judge may dis-
close to the asylum applicant the non-
record evidence, or any part thereof,
to the extent that he believes he can
do so and still safeguard the informa-
tion and its source. The applicant
shall be provided opportunity to rebut
any evidence so disclosed. A decision
based in whole or in part on non-
record evidence shall state that such
evidence is material to the decision.
(e) Approval. When the immigration
Judge grants asylum, it shall be for a
period of one year.
(f) Denial. When the immigration
judge denies asylum, the exclusion or
deportation proceedings shall be rein-
stituted.
(45 FR 37394. June 2, 1980, as amended at
48 FR 20684, May 9, 1983)
0 208.11 Asylum requests after completion
of exclusion or deportation hearing.
An alien may request that an exclu-
sion or deportation proceeding be re-
opened pursuant to 8 CFR 103.5 or 8
CFR 242.22 respectively, on the basis
of a request for asylum. Such request
must reasonably explain the failure to
request asylum prior to the comple-
tion of the exclusion or deportation
proceeding. If the alien falls to do so,
the asylum claim shall be considered
frivolous, absent any evidence to the
contrary. Nothing in this part, howev-
er, shall be construed to prevent an
alien from requesting relief under sec-
tion 243(h) during exclusion or depor-
tation proceedings.
?208.12 Legal liability of asylees.
A grant of asylum status in no way
exempts an alien from any liability
under civil or criminal proceedings by
any department, bureau or agency of
any Federal, State or local govern-
ment.
208.13 Definition of country of habitual
residence.
The term "country of habitual resl-
rlruce" means the customary, usual, or
War place of abode.
77
14 208.14 Definition of firm resettlement.
An alien is considered to be "firmly
resettled" if he was offered resident
status, citizenship, or some other type
of permanent resettlement by another
nation and travelled to and entered
that nation as a consequence of his
flight from persecution, unless the ref-
ugee establishes, to the satisfaction of
the United States Government officer
reviewing the case, that the conditions
of his residence in that nation were so
substantially and consciously restrict-
ed by the authority of the country of
asylum/refuge that he was not in fact
resettled. In making this determina-
tion, the officer shall consider, in light
of the conditions under which other
residents of the country live, the type
of housing, whether permanent or
temporary, made available to the refu-
gee, the types and extent of employ-
ment available to the refugee, and the
extent to which the refugee received
permission to hold property and to
enjoy other rights and privileges (such
as travel documentation, education,
public relief, or naturalization) avail-
able to others resident in the country.
208.15 Termination of asylum status.
(a) Ground. (1) Changed circum-
stances in the asylee's country of na-
tionality, or last habitual residence if
he/she has no nationality, eliminates
the need for asylum, or;
(2) The asylee poses a danger to the
security of the United States, or be-
cause of conviction of a serious crime
poses a danger to the community, as
described in ? 208.8(f)(iv) of this part,
or;
(3) It appears that the alien was not
in fact eligible for asylum for any
reason specified in ? 208.8(f).
(b) By district director. The district
director may terminate asylum status
granted under ? 208.8(e). Prior to ter-
mination, the alien shall be given writ-
ten notice of the intent to rescind
asylum status, including the reason(s)
therefor, and provided an opportunity
to present evidence tending to estab-
lish that he/she is still a refugee
within the meaning of section
101(a)(42), and/or does not pose a
danger to either the security of the
United States or the community. If it
is subsequently. determined, notwith-
standing any evidence presented to
the contrary, the alien is no longer a
refugee, he/she shall be given written
notice of termination of asylum status.
(c) By immigration judge or Board
of Immigration Appeals. The immigra-
tion judge or Board of Immigration
Appeals may reopen a case pursuant
to ? 3.2 or ? 242.22 of this part for the
purpose of terminating asylum status
granted under I 208.10.
9 208.16 Expulsion of former asylees.
Once an alien's asylum status is ter-
minated as specified in ? 208.15 of this
part, the alien, unless eligible for
other immigration benefits for which
he/she makes application, shall be
placed under:
(a) Deportation proceedings if he/
she was in the United States at the
time asylum status was granted, or;
(b) Exclusion proceedings if he/she
was an applicant for admission to the
United States at the time asylum
status was granted.
PART 209?ADJUSTMENT OF STATUS
OF REFUGEES AND ALIENS
GRANTED ASYLUM
Secs.
209.1 Admission for permanent residence
after one year.
209.2 Adjustment of status of alien granted
asylum.
0 209.1 Admission for permanent resi-
dence after one year.
(a) Eligibility. (1) Every alien in the
United States as a refugee under sec-
tion 207 of this chapter whose status
has not been terminated, is required to
appear before an immigration officer
one year after entry to determine his/
her admissibility under sections 235,
236, and 237 of the Act. The applicant
shall be examined under oath to deter-
mine admissibility. If the applicant is
found to be admissible, he/she shall
be inspected and admitted for lawful
permanent residence as of the date of
the alien's arrival in the United States.
If the applicant is determined to be in-
admissible, he/she shall be informed
that he/she may renew the request for
admission to the United States as an
immigrant in exclusion proceedings
78
8 Ctit Ch. I (1-1-85 Edition)
under section 236 of the Act. The pro-
visions of this section shall provide the
sole and exclusive procedure for ad-
justment of status by a refugee admit-
ted under section 207 of the Act,
whose application is based on his/her
refugee status.
(2) Every alien processed by the Im-
migration and Naturalization Service
abroad and paroled into the United
States as a refugee after April 1, 1980,
and before May 18, 1980 shall be con-
sidered as having entered the United
States as a refugee under section
207(a) of the Act.
(b) Processing Application. One year
after arrival in the United States,
every refugee entrant shall be notified
to appear for examination before an
Immigration officer. Each applicant
shall be examined under oath to deter-
mine eligibility for permanent resi-
dence. If the refugee entrant has been
physically present in the United
States for at least one year, forms FD-
258 (Applicant Card) and G-325A (Bio-
graphical Information) will be proc-
essed. Unless there were medical
grounds for exclusion at the time of
arrival, a United States Public Health
Service medical examination is not re-
quired. If the alien is found admissible
after inspection under section 209(a)
of the Act, he/she shall be processed
for issuance of Form 1-551 (Alien Reg-
istration Receipt Card).
(Secs. 101, 103, 207, and 209; 94 Stat. 105; (8
U.S.C. 1101, 1103, and 1159))
(48 FR 45119, Sept. 10, 19811
IJ 209.2 Adjustment of status of alien
granted asylum.
(a) Eligibility. The status of any
alien who has been granted asylum in
the United States may be adjusted by
the district director to that of an alien
lawfully admitted for permanent resi-
dence, provided the alien: (1) Applies
for such adjustment; (2) has been
physically present in the United
States for at least one year after
having been granted asylum; (3) con-
tinues to be a refugee within the
meaning of section 101(a)(42) of the
Act, or the spouse or child of a refu-
gee; (4) has not been firmly resettled
in any foreign country; (5) is admissi-
ble to the United States as an immi-
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gration and Nationality Act to reimburse State and local public agencies for ex-
penses which those agencies incurred, at any time, in providing aliens described in
subsection (c) of this section with social services of the types for which reimburse-
ments were made with respect to refugees under paragraphs (3) through (6) of
section 2(b) of the Migration and Refugee Assistance Act of 1962 (as in effect prior
to the enactment of this Act) or under any other Federal law.
(b) The Attorney General is authorized to grant to an alien described in subsec-
tion (c) of this section permission to engage in employment in the United States and
appro-
priate work permit.
to provide to that alien an "employment autho " endorsement or other (c) This section applies with respect to any alien in the United States (1) who has
applied before November 1, 1979, for asylum in the United States, (2) who has not
been granted asylum, and (3) with respect to whom a final, nonappealable, and
legally enforceable order of deportation or exclusion has not be entered.
7. FORMER SECTION 203 (aX7), (as in effect before the Refugee Act of 1980)
(7) Conditional entries shall next be made available by the Attorney General,
pursuant to such regulations as he may prescribe and in a number not to exceed 6
per centum of the number specified in section 201(a), to aliens who satisfy an
Immigration and Naturalization Service officer at an examination in any non-
Communist or non country, country, (A) that (i) because of persecu-
tion or fear of persecution on account of race, religion, or political opinion they have
fled (I) from any Communist or Communist-dominated country or area, or (II) from
any country within the general area of the Middle East, and (ii) are unable or
unwilling to return to such country or area on account of race, religion, or political
opinion, and (iii) are not nationals of the countries or areas in which their applica-
tion for conditional entry is made; or (B) that they are persons uprooted by cata-
strophic natural calamity as defined by the President who are unable to return to
their usual place of abode. For the purpose of the foregoing the term "general area
of the Middle East" means the area between and including (1) Libya on the west, (2)
Turkey on the north. (3) Pakistan on the east, and (4) Saudi Arabia and Ethopia on
the south: Provided, That immigrant visas in a number not exceeding one-half the
number specified in this paragraph may be made available, in lieu of conditional
entries of a like number, to such aliens who have been continuously physically
for adjustment of status.
present in the United States for a period of at least two years prior to application
?
follows:
Section 5 of Pub. L. 95-412 (Oct. 5, 1978, 92 Stat. 909) as amended, provides as
?
Sec. 5. Notwithstanding any other provision of law, any refugee, not otherwise
eligible for retroactive adjustment of status, who was or is paroled into the United
States by the Attorney General pursuant to section 212(d)(5) of the Immigration and
provi-
sions of section 203(g) and (h) of the Act.
Nationality Act before 1980, shall have his status adjusted pursuant to the provi-
B. SPECIAL INVESTIGATOR AND COMMISSIONS
1. SPECIAL INVESTIGATOR
Section 22 of Public Law 96-132 (Nov. 30, 1979; 93 Stat. 1050) provides as follows:
Sec. 22. (a) In order to create an independent and objective unit?
(1) to conduct and supervise audits and investigations relating to programs
and operations of the Immigration and Naturalization Service,
(2) to provide leadership and coordination and recommend policies for activi-
ties designed (A) to promote economy, efficiency, and effectiveness in the admin-
and operations, and
istration of, and (B) to prevent and detect fraud and abuse in such programs
(3) to provide a means for keeping the Commissioner of the Immigration and
Naturalization Service and the Congress fully and currently informed about
problems and deficiencies relating to the administration of such programs and
operations and the necessity for and progress of corrective action,
there is hereby established in the Immigration and Naturalization Service of the
Department of Justice an Office of Special Investigator (hereinafter in this section
referred to as "the Office").
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United States Department of State
Washington, D.C. 20520
OCT 6
MEMORANDUM
TO: All HA/AS Staff
FROM: HA/AS - Edward H. Wilkinson
SUBJECT: Immediate Action--Asylum Cases
4
This supercedes Mr. Johnsons' memorandum of March 19, 1985, on
the same subject.
1. Occasionally this office will receive telephone calls to
report IMMEDIATE ACTION asylum applications. An IMMEDIATE ACTION
asylum application may involve a diplomat or military officer or
either category from a communist country, but could pertain to any
citizen of any country. Such calls usually come from the State
Department's Operations Center, but may also come from other
government entities, such as the INS, the FBI, or even local
police departments. No matter where the calls come from, our
actions must be the same. The purpose of this memorandum is to
describe those actions. The procedures outlined here must be
scrupulously followed. Safety of the individual is the first priority.
2. When an IMMEDIATE ACTION asylum call is received:
a) Accept the call, of course, but at this stage, do not
make a judgement on the merits of the case;
b) Get as much information as you can about the
application, including the name(s) of the applicant, nationality,
place and date of birth, status in this country, and current
whereabouts. Other pertinent information should be obtained, such
as the name and telephone number of the caller (the individual
calling or, if the information is coming from the Ops Center, the
person who called the Center and from where).
c) If the call is direct from a person in an organization
where the asylum seeker is located, try to ascertain whether the
asylum-seeker and/or the caller believes the asylum-seeker to be
in physical danger. If the answer is not a definite "no," you may
suggest that they contact the FBI and/or local police to provide
temporary protection. The INS will usually take charge of that.
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3. Once all available information has been obtained, notify
Deputy Assistant Secretary Laura Dietrich. If she is not
available communicate with Mr. Edward Wilkinson. If the call
comes in the morning before the above two officers have arrived at
work, or at noontime, take all the available data and pass it
immediately to the one who comes into the office first. If the
call comes after both have left the office in the evening, it is
imperative that one of the two be notified. Do not drop the
matter until you have reached Mrs. Dietrich or Mr. Wilkinson.
Mrs. Dietrichs' home number is 543-2782 and her beeper is
542-6973. Mr. Wilkinson's home number is 455-7151.
4. Do not, repeat, not, take notes and leave them for the
next work day. We are committed to attempting to deal with these
"immediate action" asylum requests on a now basis.
cc:OPS Center
HA Duty Book
Clearan
ietrich
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