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  1. Burma's Rohingyas: A Case Study In Persecution. By Roger Algase


    Since the time that I posted my May 18 comments about the inhumane refusal of certain Southeast Asian countries to let the Rohingya boat people from Burma land despite their desperate conditions after having been abandoned at sea by human trackers, there appears to have been a change of heart by the countries concerned, namely Malaysia, Indonesia and Thailand. Even Burma is now reportedly engaging in rescue operations. See:

    http://www.bbc.com.news.world-asia-32840727

    Malaysia and Indonesia, at least, are now willing to accept the refugees temporarily while other countries make arrangements, with the help of the UN, to resettle them permanently.

    This may take some time. Only one country, Gambia, an impoverished West African dictatorship, has offered to accept them so far.

    Since the Rohingya are hardly a household word in America, or anywhere else outside South Asia and Southeast Asia, some readers may ask whether they are really refugees at all, or merely economic migrants in search of a better life. Answers to this question can be found in a May 22 Huffington Post story:

    Why Rohingyas Are Willing To Risk Everything To Flee Myanmar

    http://www.huffingtonpost.com/2015/0...anmar-rohingya...

    The Huffpost provides the following background to the persecution of this Muslim group in mainly Buddhist Burma:

    "A majority of Rohingya Muslims live in Rakhine, a Buddhist majority state in western Myanmar [Burma]. The group says its members descend from Arab traders...and have lived in the area for hundreds of years. Many people in Myanmar, however, including prominent political and religious leaders, consider the Rohingyas...Bengalis who migrated to Myanmar illegally and have no right to live in the country."

    In 1982, Myanmar approved a law that officially restricted citizenship to members of ethnic groups it said had settled in modern-day Myanmar prior to 1823. The Rohingya were not considered one of these groups and its members effectively became stateless...

    "The lack of citizenship deprives Rohingyas of their basic rights, including access to education, freedom of land movement, land rights, the protection of their property and the right to marry freely."
    (Emphasis added.)

    The article continues:

    "Tensions between Buddhists and Rohingya Muslims in Rahkine state have lingered for decades, partly fueled by hate-mongering rhetoric of extremist Buddhist monks...

    But the anti-Rohingya sentiment transgresses Rakhine state's border and is widespread among Myanmar's Buddhist population...Myanmar's president, Thein Sein, said in 2012...that the only solution to the sectarian strife between Buddhists and Muslims in Rakhine was to expel the Rohingya to other countries or camps overseen by the United Nations refugee agency. The issue is so sensitive that even Aun San Suu Kyi, a Nobel Prize winner fro Myanmar, has failed to speak out about it."
    ​(Emphasis added.)

    The Huffpost story continues:

    "The tensions between Buddhists and Rohingyas led to major violence...in 2012 and 2013 when clashes left hundreds dead and forced 140,000 Rohingya people to flee their homes for temporary refugee camps outside the state capitol, Sittwe.

    The camps are known for horrible conditions; they lack adequate housing, sanitary conditions, access to food education and health care...

    'I witnessed a level of human suffering in the IDP camps that I have personally never seen before...appalling conditions...' UN Assistant General-Secretary for Humanitarian Affairs Kyung-hwa Kang said after visiting the camps..."
    (Emphasis added.)

    The same article also explains that conditions are just as bad outside the camps, and that many Rohingyas are barred from leaving their villages, where they are unable to pursue education or employment.

    According to this report, about 300,000 have fled to Bangladesh, where life is no easier, except for the 30,000, only 10 percent, who have been able to register with the UN as refugees. It would seem that the UN is not geared up to handle entire populations who are victims of ethnic cleansing.

    Those who are not in the UN refugee camps live in constant fear of deportation, according to the above report. They are also dependent on those who are officially registered with the UN for the essentials of life.

    Bangladesh, according to the Huffpost, is trying to make life for the Rohingyas so difficult that they will leave of their own accord. We have a term for this enhanced internal enforcement policy in the United States. It is known as "self-deportation".

    How well has that been working in America? In Southeast Asia, it has only led to revenue for the smugglers and to the tragedies at sea which the world is now beginning, however reluctantly, to face up to.
    _________________________________
    Roger Algase is a New York lawyer and graduate of Harvard College and Harvard Law School. He has been helping employment-based and family-based immigrants obtain work visas, green cards and US citizenship for more than 30 years.

    Roger believes that every immigration case requires not only a thorough understanding of the technical legal rules involved, but also a strong commitment to upholding basic human rights. His email address is algaselex@gmail.com




    Updated 05-24-2015 at 06:24 AM by ImmigrationLawBlogs

  2. Burma's Opposition: "Human Rights", Not Citizenship, For Rohingyas. By Roger Algase


    Update: May 20, 6:35 pm

    In yet another horrifying report of inhumanity shown by the government forces of a Southeast Asian country toward the stranded Rohingya and Bangladeshi boat people who had been abandoned and left to die of starvation by human traffickers, Huffington Post reports on May 20 that, according to one of the survivors, the Thai navy threatened to shoot at a boat full of refugees 10 minutes after handing over supplies to them.

    The report says that 10 passengers, including women and children, had already died of starvation.

    See:

    http://www.huffingtonpost.com/2015/0...or-thai-navy-t...

    My original post follows:

    Amid news reports that Indonesia and Malaysia are finally agreeing to accept at least some additional starving Rohingya refugees from Burma who have been abandoned at sea by human traffickers,

    http://uk.reuters.com/article/2015/0...0O501920150520

    Burma has offered to provide "humanitarian assistance" for these refugees, who fled that same country because of ongoing persecution and denial of citizenship rights.

    Burma still refuses, however, even to mention the Rohingyas by name. This takes persecution to a new level, where the victims become "unpersons", in addition to other denials of basic rights.

    Meanwhile the Burmese opposition party, National League for Democracy, announced support for "human rights" for the Rohingyas, while making it clear that its definition of that term does not include citizenship rights for this Muslim minority, which has been living a marginalized existence in Burma, a Buddhist country, for generations.

    Thailand's independent Nation newspaper quotes Nyaw Win, an opposition party spokesman, as stating:

    "I said human rights for all of these people, not citizenship rights."

    He did not explain, how, given Burma's record of persecution of the Rohingyas, (whom his above statement also does not mention by name) they can be afforded human rights without citizenship rights.

    While Burma is far away from America, both in terms of distance and in recognizing democratic values, Nyaw Win's statement also resonates in the US, where anti-immigrant organizations and politicians are mounting a campaign to change (or distort) our Constitution in order to deny birthright citizenship to millions of US-born Hispanic and other minority children, based on their parents' lack of legal immigration status.

    These children would, under this proposal, be illegal in the US from the moment of birth, and therefore, under our laws, subject to deportation. And where would they go?

    Since almost every country in the Western Hemisphere, in common with the United States, recognizes citizenship on the basis of country of birth, these children would in all likelihood not be recognized as citizens of their parents' native countries and would, effectively, be rendered stateless.

    Is America seriously considering creating millions of "Rohingya" children on our own soil?

    The Thailand Nation report (May 20) is available at:

    http://www.nationmultimedia.com/brea...-30260517.html


    Updated 05-20-2015 at 05:37 PM by ImmigrationLawBlogs

  3. Update On SE Asia's Inhumanity In Turning Away Dying Refugees. By Roger Algase




    This is the latest update on the appalling, unbelievable inhumanity being shown by the governments of Indonesia, Malaysia and Thailand in continuing to turn away hundreds, if not thousands, of dying boat refugess who have been at sea for weeks, if not months, and many of whom are trying to escape intolerable persecution and denial fo basic human rights, including the right to citizenship, in Burma.

    According to the following May 18 BBC report, Indonesia has ordered its own fishermen, who were showing humanity that their leaders evidently lack, to stop rescuing Rohingya and Bangladeshi boat peope, now matter how terrible their circumstances are at sea.

    It may be true, that as the report indicates, the Bangladeshi migrants, unlike the Rohingya from Burma, may be economic migrants rather than refugees under international law.

    But do they not also have a right to live? One can only hope that the international community will sanction the the above four SE Asean countries for the barbarism of their leaders in creating and/or aggravating this crisis.

    The report is entitled:

    Asia boat migrants: UN despair over lack of rescues

    http://www.bbc.com/news/world-asia-32776647

    I want to thank my colleague Nolan Rappaport for bringing this report to my attention. On his behalf, I will also enter his disclaimer that forwarding a news item or article does not indicate that he has any opinion, one way or the other, about the content.

    Updated 05-20-2015 at 04:50 AM by ImmigrationLawBlogs

  4. Is Ending Birthright Citizenship Anti-Latino? By Roger Algase


    In my May 12 post: Taking Away Birthright Citizenship: First Chinese, Now Latinos?, I raised some questions about the motivations behind the movement by restrictionist legislators and organizations to revisit and possibly revoke the guarantee of automatic US citizenship to virtually every child born in the United States contained in the 14th Amendment to the Constitution and upheld in the landmark Supreme Court decision of US v. Wong Kim Ark (1898).

    I did so in the context of the hearings on this issue by a subcommittee of the House Committee on the Judiciary which began on April 29, and, particularly, in the opening statement by the Judiciary Committee Chairman, Bob Goodlatte (R-Va).

    My May 12 comments focused primarily on the issue of whether there was any valid reason to question whether the 14th Amendment confers automatic birthright citizenship (which I will refer to as "ABC" below) on virtually every child born in the US regardless of the parents' status (also known as jus soli). My comments also questioned whether there was any reason to doubt the prevailing consensus of opinion that the leading 1898 Supree Court Case of US v. Wong Kim Ark upholds the above broad interpretation of the 14th Amendment.

    My conclusion was that the language and clear purpose of both the 14th Amendment and the Wong decision was to eliminate any vestige of the racial discrimination which was declared to be part of our citizenship laws in the Supreme Court's notorious Dred Scott decision in 1857. Therefore, any movement to revisit or reinterpret the 14th Amendment and the Wong decision has to be looked at from the standpoint of asking whether the motive is to weaken existing legal protections against racial discrimination with regard to eligibility for American citizenship.

    A legal scholar, Katherine Culliton Gonzalez, persuasively argues in a recent article in the Harvard Human Rights Journal that one of the major consequences of taking away ABC would be to discriminate against US- born children of Mexican and other Latin American parentage, as well as to violate their fundamental human rights under international law.

    See: Born in the Americas: Birthright Citizenship and Human Rights, 25 Harvard Human Rights Journal 127 (2012)

    http://harvardhrj.com/wp-content/upl...n-Gonzalez.pdf

    This article is well worth reading for anyone who is in interested in the background and significance of the Wong Kim Ark case, as well as in gaining a fuller understanding of the 14th Amendment's guarantee of birthright citizenship.

    It also refutes the argument being promoted by some anti-immigrant organizations that the US is somehow out of step with the rest of the world because we recognize automatic birthright citizenship for every child born in this country, regardless of parentage.

    To the contrary, this article shows that the US, and almost all of the other nations in the Americas, are more in tune with international human rights standards with regard to birthright citizenship than the countries which do not recognize. or which restrict. this basic human right.

    To be continued in a forthcoming post.
    ______________________________
    Roger Algase is a New York lawyer and graduate of Harvard College and Harvard Law School who has been representing employment based and family based immigrants for more than 30 years. He believes that every immigration case requires not only a thorough mastery and understanding of the applicable law, but also a stong committment to upholding human rights.

    Roger's email is algaselex@gmail.com

    Updated 05-18-2015 at 04:17 PM by ImmigrationLawBlogs

  5. House Bars Dreamers From Military - To Protect Soldiers' Health? By Roger Algase


    The Huffington Post reports that on May 14, the House voted to delete a provision from a defense authorization bill that would have requested the Defense Department to consider DREAMERS for enlistment in the military. The amendment stripping this provision from the bill narrowly passed the House, with 20 Republicans voting with the Democrats to keep the provision in the bill.

    The successful amendment to delete the provision and effectively bar DREAMERS from enlisting in the military was offered by Rep. Mo Brooks (R-AL), who recently suggested that a measles outbreak in the US may have been caused by "illegal aliens".

    http://thinkprogress.org/immigration.../3618647/mo-br...

    Rep. Brooks stated the reason for his opposition to allowing DREAMERS to serve in the military as follows:

    "Each time an illegal alien takes an enlistment opportunity, an American or lawful immigrant loses an enlistment opportunity..."

    Based on his comments about measles, Brooks must have also no doubt been concerned about protecting the health of our soldiers.

    Updated 05-15-2015 at 01:44 AM by ImmigrationLawBlogs

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