Examples of FOIA Use in in Refugee Applications in the Context of Iraqi Asylum Seekers
Freedom of Information Act requests are frequently used by Iraqi refugees submitting Requests for Review (“RFRs”) in the United States. There is no appeal for a denial of refugee status. An applicant who is rejected by USCIS through the P-1, P-2 or P-3 processes may file an RFR. These requests are composed of a cover letter, affidavit, letter brief and supporting documents. Applicants have ninety days to submit an RFR after receiving an adverse decision on their case.
Without records derived through FOIA, an applicant’s only indication of the reasons for his or her rejection is a form called the Notice Ineligibility for Resettlement. The Notice of Ineligibility lists nine broad grounds for denial. An asylum officer places a checkmark to the ground that he or she believes best pertains to the situation. This approach is problematic as is illustrated by the case of AM.
Without records derived through FOIA, an applicant’s only indication of the reasons for his or her rejection is a form called the Notice Ineligibility for Resettlement. The Notice of Ineligibility lists nine broad grounds for denial. An asylum officer places a checkmark to the ground that he or she believes best pertains to the situation. This approach is problematic as is illustrated by the case of AM.
AM Case
AM was a member of the Ghajar, a group of Muslim gypsies from the Southern Iraqi Timini tribe. The Ghajar were known for being artists. Under the Saddam Hussein regime, officials would round up Ghajar from the neighborhood where they lived and force them to perform at parties with guns pointed at them. On one occasion when the Ghajar refused to perform on Hussein’s birthday, officials invaded the neighborhood, taking all of the Ghajar men to prison to be whipped with electric cables. Some men, including AM, signed false confessions of prostitution in order to avoid this torture. AM fled Iraq shortly after this event. When Hussein’s regime fell, Shia took over the Ghajar neighborhood, killing Ghajar people and looting houses.
During his first resettlement interview, AM did not mention his false confession to prostitution because his wife and children were in the room. His Notice of Ineligibility merely stated that he had been rejected for credibility grounds. Because DHS denied AM’s FOIA request, he did not have access to the notes from his first resettlement interview. Thus, he did not know whether he had been rejected because of his false confession or for some other reason, such as his compulsory military service. AM’s attorney faced the difficult strategic decision of whether to discuss the alleged prostitution in the RFR.
During his first resettlement interview, AM did not mention his false confession to prostitution because his wife and children were in the room. His Notice of Ineligibility merely stated that he had been rejected for credibility grounds. Because DHS denied AM’s FOIA request, he did not have access to the notes from his first resettlement interview. Thus, he did not know whether he had been rejected because of his false confession or for some other reason, such as his compulsory military service. AM’s attorney faced the difficult strategic decision of whether to discuss the alleged prostitution in the RFR.
AA Case
In another case, AA claimed to have worked for several American government organizations in Iraq, including the FBI and the CIA. Due to the secretive nature of his work, AA did not know the names of his colleagues or former employers. He no longer had contact information for anyone he had worked with. AA’s attorney submitted FOIA requests to USCIS, DHS and the CIA. All of these requests either produced no documents or were denied due to Exemption 3. Because AA had no way of verifying his previous employment, the attorney terminated representation and decided not to proceed with the RFR.