VZCZCXYZ0001
OO RUEHWEB

DE RUEHBK #0266/01 0251033
ZNR UUUUU ZZH
O 251033Z JAN 08
FM AMEMBASSY BANGKOK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1589
INFO RUEHHI/AMEMBASSY HANOI 6542
RUEHKL/AMEMBASSY KUALA LUMPUR 6910
RUEHGO/AMEMBASSY RANGOON 4750
RUEHVN/AMEMBASSY VIENTIANE 4563

UNCLAS BANGKOK 000266 
 
SIPDIS 
 
SIPDIS 
 
PRM FOR DAS KELLY RYAN, PRM/ANE AND PRM/ADM 
EAP/MLS FOR RAPSON 
 
E.O. 12958: N/A 
TAGS: PREF PREL TH BM LA
SUBJECT: REQUEST FOR GUIDANCE ON NEW REFUGEE PROCESSING 
LEGISLATION 
 
 
¶1.  This is an action request. Please see paragraph 8. 
 
¶2. Summary:  Post has been informed that new legislation may 
affect the need for material support waivers for some Burmese 
and Lao-Hmong refugee populations, and could permit 
formerly-excluded combatants to be considered for 
resettlement as well. Post needs guidance soonest, both to 
ensure that teams currently processing Burmese refugees 
adjudicate cases correctly, and to prepare for impending 
situations, including the conclusion of the RTG screening of 
Lao-Hmong seeking refugee status in Thailand. End summary. 
 
¶3. During the January visit of a congressional staffdel 
involved in refugee issues, post received a copy of H.R. 
2764, also referred to as the "Kyl Amendment."  This 
legislation, among other things, makes changes in the 
provisions of the Immigration and Nationality Act affecting 
individuals from Laos, Burma and Vietnam who had been barred 
from entry into the US as refugees due to their support for 
groups that use force to oppose their governments. 
 
¶4. Members of the staffdel said the legislation had been 
drafted intentionally to provide relief not only for those 
who had been excluded due to the provision of material 
support to "terrorists," but also to combatants.  The latter 
is particularly significant, if true; we have used waiver 
authority to allow us to resettle 4,400 of Burmese refugees 
affected by the material support prohibition in the US 
legislation.  There is no waiver available for combatants, 
however; over 800 people, primarily Burmese Karen, are on 
hold as a result of this restriction, and many others 
"self-selected" out of consideration for US resettlement due 
to this restriction. UNHCR estimated that thousands of 
additional applicants could qualify for resettlement from the 
Burmese camps along the Thai border if the ban on such 
combatants were lifted.  Despite the staffdel's assertions 
that the new legislation removes the impediment to resettling 
combatants, however, the legislation does not appear to us to 
be clear on this issue. 
 
¶5. In addition to the Burmese Karen, these legislative 
changes could affect post's response to the over 7000 
Lao-Hmong seeking refugee status in Petchaboon.  While we 
have no new program to resettle Hmong, we have consistently 
said that we could consider resettlement for cases referred 
to us by UNHCR, and we have several such cases pending among 
the group of UNHCR recognized refugees currently detained in 
Nong Khai.  Based on the previous legislative restrictions, 
however, UNHCR and the RTG had understood that the US would 
face serious obstacles to resettling Hmong who made a claim 
to refugee status, as many if not most such genuine 
applicants would also have engaged in some kind of armed 
resistance to the Lao government, or provided material 
support to those who did.  It could therefore have a small 
but significant impact if this restriction has changed. 
 
¶6. The RTG is in the final stages of its screening process 
for the Hmong in Petchaboon.  It may begin the return of 
those screened-out shortly.  The RTG has made no pledges 
about how it will handle those who appear to have a 
well-founded fear of persecution, but we anticipate that a 
number of those screened-in would have relatives in the US 
and might best be resettled in the US.  If we are now able to 
do this, even for combatants, it is important that we know 
this as soon as possible and consult with UNHCR and RTG about 
possible next steps. 
 
¶7. Members of the staffdel briefed these changes to RTG 
interlocutors during meetings, and the Thai government has 
been waiting for us to provide further information on how 
these changes might affect refugee resettlement here.  UNHCR 
and MFA each raised this issue with visiting DAS Marciel this 
week (septel).  DHS has a new team of interviewers who have 
begun working in Mae Sot this week; they are still proceeding 
based on guidance received prior to the new legislation, 
except that an informal agreement has been reached not to do 
final adjudication for combatant cases until guidance has 
been received.  From January 23 through the end of the fiscal 
year, DHS intends to process for resettlement over 16,000 
refugees.  A significant number of cases may have to be 
revisited after interviewing is completed in order to apply 
whatever new guidance we eventually receive; this will cause 
delays in processing that may lead to lower numbers departing 
Thailand this year. In addition, in early February, post 
plans to announce the beginning of refugee processing in a 
new camp in Mae Hong Son Province.  Clarity will be needed 
 
for the information campaign that should precede registration 
there. 
 
¶8. Action request: Post requests guidance as soon as possible 
on the effect of the legislative changes.  As explained 
above, DHS screeners currently working in country appear to 
us to lack the necessary guidance to apply the new law to the 
cases they are currently interviewing, and our partners on 
refugee issues in UNHCR and the RTG are awaiting information 
about the further impact of these legal changes.  We would 
appreciate Department's assistance in working with other 
agencies involved to ensure that we are carrying out our 
refugee processing in accordance with the new law. 
JOHN