The Obama administration has eased the rules for would-be asylum-seekers, refugees and others who hope to come to the US or stay here and who gave "limited" support to terrorists or terrorist groups.
The change is one of President Barack Obama's first
actions on immigration since he pledged during his state of the Union
address to use more executive directives. The department
of homeland security and the state department now say that people
considered to have provided "limited material support" to terrorists or
terrorist groups are no longer automatically barred from the US.
A
post-September 11 provision in immigrant law, known as terrorism
related inadmissibility grounds, had affected anyone considered to have
given support. With little exception, the provision has been applied
rigidly to those trying to enter the US and those already here but
wanting to change their immigration status.
The homeland
security department said in a statement that the rule change, which was
announced last week and not made in concert with the Congress, gives
the government more discretion, but won't open the country to terrorists
or their sympathizers. People seeking refugee status, asylum and visas,
including those already in the United States, still will be checked to
make sure they don't pose a threat to national security or public
safety, the department said.
In the past, the provision
has been criticised for allowing few exemptions beyond providing medical
care or acting under duress. The change now allows officials to
consider whether the support was not only limited but potentially part
of "routine commercial transactions or routine social transactions."
The
change doesn't specifically address "freedom fighters" who may have
fought against a government, including members of rebel groups who have
led revolts in Arab Spring uprisings.
In late 2011,
Citizenship and Immigration Services said about 4,400 affected cases
were on hold as the government reviewed possible exemptions to the rule.
It's unclear how many of those cases are still pending. Senator Patrick
Leahy, chairman of the Senate Judiciary Committee, said the rule change
will help people he described as deserving refugees and asylum-seekers.
"The
existing interpretation was so broad as to be unworkable," Leahy said
in a statement. He said the previous rule barred applicants for reasons
"that no rational person would consider."
Republican
lawmakers argued that the administration is relaxing rules designed by
the Congress to protect the country from terrorists.
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