Syrian refugees: Comprehending the facts

Prior to and since the terrorist attack in Paris, France, Nov. 13, widespread caution and concern about terrorist groups hiding sleeper agents, potentially in the Syrian Refugee Program, is growing. With many governments deciding to house refugees, home-front security is becoming a popularly held concern in the U.S.

Refugees fleeing Syria and other nations afflicted by terrorist groups are searching for safe havens, and as the search for refuge turns to the west, parts of America are hesitant to greet the unknown with open arms.

President Obama’s promise to help refugees

There are approximately four-million refugees from Syria. During a news conference in Kuala Lumpur, Malaysia, Nov. 22, President Barack Obama, after addressing the crowd about the terrorist attack in Paris, announced that he would be working to allow at least 10,000 Syrian refugees asylum in America within the next year.

“My hope though is, now that we have some time to catch our breath and take a look at this carefully, that people understand that refugees who end up in the United States are the most vetted, scrutinized, thoroughly investigated individuals that ever arrived on American shores,” said President Obama at the news conference.

Opposition in the states

Reports about the terrorist attacks in Paris have stated that a Syrian passport was found next to one of the suspects’ bodies. Although European officials suspect that the passport could have been doctored, many U.S, governors oppose allowing Syrian refugees into their state.  In response to President Obama’s address, more than half of U.S. state governors have voiced their disagreements about housing Syrian refugees, including the governor of Texas.

As of Nov. 19, 31 U.S. governors have made statements opposing the housing of Syrian refugees in their states: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Wisconsin and Wyoming

On Dec. 2, in an effort to block six Syrian refugees from resettling in Dallas, the state of Texas filed a lawsuit against the International Rescue committee. The nonprofit group said it intended to place Syrian Refugees in Texas despite governor Abbott’s objection. Although Texas has accepted 240 Syrian refugees since 2011, the state hopes to delay the arrival of future Syrian refugees until a federal judge can hear the case.

“[I will refrain from participating] in any program that will result in Syrian refugees — any of whom could be connected to terrorism — being resettled in Texas,”  said Texas Governor Greg Abbott in a letter to President Obama. “Neither you nor any federal official can guarantee that Syrian refugees will not be part of any terroristic activity, as such, opening our door to them irresponsibly exposes our fellow Americans to unacceptable peril.”

Governors do not have the power to refuse refugees

U.S. Governors do not have the legal authority to exclude Syrian refugees. The Refugee Act of 1980 states: “The President, after appropriate consultation, may specify, any person who is persecuted or who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion [entrance into the US].”

In the 1941 Supreme Court case Hines v. Davidowitz the court concluded, “The regulation of aliens is so intimately blended and intertwined with responsibilities of the national government that where it acts, and the state also acts on the same subject, ‘the act of congress, or the treaty, is supreme; and the law of the state, though enacted in the exercise of powers not controverted, must yield to it.’”

Religious Requirements

Presidential candidates Ted Cruz and Jeb Bush, have proposed “religious tests” for all Syrian refugees that would identify refugees as Christian or non-Christian.

“There should be really thorough screening [of refugees coming to the U.S.]… Bush said in an interview on CBS News. I do think there is a special important need to make sure that Christians from Syria are being protected because they are being slaughtered in the country and but for us who? Who would take care of the number of Christians that right now are completely displaced?”

UHCL Assistant Professor of Legal Studies Vanessa L. Johnson said, the legality of such a proposal is likely unconstitutional.

“Although America can grant religious asylum to those that have been persecuted for their religious beliefs, imposing religious background tests on Syrian refugees and/or giving unequivocal priority to Syrian Christians would likely violate the First Amendment of the U.S. Constitution.” Johnson said, “The First Amendment’s Establishment Clause prohibits government actions that unjustifiably favor one religion over another, and the Free Exercise Clause doesn’t allow actions that interfere with the free exercise of religion.”

Entrance Requirements for the U.S.

The U.S. Screening Process for refugees is more rigorous than for any other category of traveler to the states. For refugees seeking asylum, it can take anywhere from 18-24 months or even longer for the application or referral to be processed, and as of Nov. 19, the House of Representatives passed the American SAFE Act of 2015, making the screening process more rigorous.

Homeland security officials say the possibility of terrorists arriving in the U.S. through legal means is higher than arriving as a refugee.

“Islamic State terrorists who want to enter the United States are much more likely to try to fly on a commercial airline …,” homeland security officials told a House panel in 2014.

“The fear associated with refugees coming to the U.S. after the Paris attacks is misplaced,” said Maria Curtis, associate professor of anthropology. “The Paris attackers were French and Belgian citizens, second and third generation North Africans, they were not refugees. Rather than fearing refugees who have already experienced unspeakable horrors in their own countries and who only flee because of past persecution, which they have been able to document in multiple ways and screenings with various organizations, we should be asking what is happening in Europe with regard to Muslim minority youth. How is it that these people feel so isolated and willing to harm citizens in the countries they grew up in?  How is it that their parents and acquaintances are shocked to learn of their involvement?  We should also recognize that the migrants landing in Europe currently are quite different from the refugees that are coming to the U.S.”

 

Campus views on Paris, Syria and ISIS

Written by: Berenice Webster