Denial and Delay

Over the past eight years, thousands of legitimate refugees who pose no threat to the United States have had their applications for asylum, permanent residence, and family reunification denied or delayed due to overly broad provisions of U.S. immigration law that were intended to protect the United States against terrorism. Changes to the immigration laws enacted as part of the USA PATRIOT Act of 2001 and the REAL ID Act of 2005 greatly expanded the immigration law's provisions relating to "terrorism." At the same time, the federal agencies charged with enforcing these laws began to interpret both the old and the new provisions in increasingly expansive ways. This report documents how these changes in law and in legal interpretation are affecting refugees ranging from peaceful advocates for democracy to former child soldiers. The report offers recommendations to Congress and to the Departments of Homeland Security, Justice, and State.