VZCZCXYZ0032
OO RUEHWEB

DE RUEHC #7870 0522359
ZNR UUUUU ZZH
O 212356Z FEB 08
FM SECSTATE WASHDC
TO RUEHBK/AMEMBASSY BANGKOK IMMEDIATE 0556
INFO RUEHHI/AMEMBASSY HANOI IMMEDIATE 6107
RUEHKL/AMEMBASSY KUALA LUMPUR IMMEDIATE 8170
RUEHGO/AMEMBASSY RANGOON IMMEDIATE 6759
RUEHVN/AMEMBASSY VIENTIANE IMMEDIATE 2767

UNCLAS STATE 017870 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: BM LA PREF PREL TH
SUBJECT: LIMITED PROGRESS TO DATE ON IMPLEMENTING CHANGES 
TO THE INA FOR REFUGEE CASES 
 
REF: BANGKOK 266 REQUEST FOR GUIDANCE ON NEW REFUGEE 
     PROCESSING LEGISLATION 
 
¶1. Summary: In response to reftel, this message provides an 
update on the Administration's efforts to implement 
the changes to the Immigration and Nationality Act resulting 
from section 691 (Division J) of the Omnibus Appropriations 
Act for FY08 
 (Kyl/Leahy amendment).  PRM met on February 21st with 
representatives of DHS Policy and Office of the General 
Counsel , DHS/USCIS, DHS/ICE, and DOJ to discuss an 
implementation plan particularly pertaining to refugee cases. 
 Since some 50% of the refugee cases worldwide  affected by 
material support are in Thailand and Malaysia, PRM focused 
much of the discussion on steps that are required in order to 
grant cases, overturn denials, and to cease putting cases no 
longer subject to inadmissibility on hold. Finding solutions 
for these applicants which will permit those eligible to be 
admitted to the US is a top priority.  As you are aware, 
however, most of the actions necessary to move forward fall 
to DHS.  The DHS representatives reported that they have 
issued interim guidance (which we asked to see but have not 
received a copy) and are developing final field guidance to 
implement these changes in the INA. They are also drafting a 
proposal for a new exemption for those who engaged in combat 
on behalf of any of the 10 groups removed from Tier III under 
Kyle Leahy.  Pending the issuance of additional field 
guidance, DHS confirmed that their officers in the field have 
been told to continue to put material support cases on hold 
and use the exemption process.  Jock Scharfen, DHS/USCIS 
Deputy Director, and Barbara Strack, DHS/USCIS Refugee Corps 
Director should provide Post with additional details when 
they are in Thailand next week. End Summary 
 
¶2.    Newly Interviewed Cases Still Being Placed on Hold: 
DHS confirmed field officers will continue to put newly 
interviewed cases on hold for material support to the groups 
for whom exemptions are already in place and continue to use 
the exemption process to review the cases and make decisions. 
We stressed that doing so uses scarce DHS/Bangkok and OPE 
resources for cases that will no longer require an exemption. 
 We noted that approximately 100 individuals per week in 
Thailand are being placed on hold for material support, 
mostly to the KNU and the CNF, both of which are no longer 
Tier III terrorist organizations.  The DHS representatives 
could not provide an estimate of when the additional field 
guidance would be completed. We request that Post raise this 
issue with Scharfen and Strack. 
 
¶3.    A Few Old Cases May NOW Be Approved Without Use of New 
Exemptions: 
PRM has identified a small group of cases previously 
adjudicated in Thailand and Malaysia that were put on hold 
for grounds that could not be exempted (the most prominent 
being tax collectors for the Chin National Front) and 
subsequently closed but that may now be readily approved , 
since the CNF and the KNU are no longer considered  terrorist 
organizations. DHS has agreed to review a small number of 
cases that may be approved on this basis. PRM/A will 
coordinate with DHS Headquarters, Regional Refugee 
Coordinator, and OPE Director to identify appropriate cases 
for review and present them to DHS asap. 
 
¶4.    Combatants Will Need a New Exemption: 
An initial review of the closed cases from Tham Hin indicates 
that more than half the caseload involved individuals who 
engaged in active combat.  As such, a new exemption for 
engaging in combat (which falls within the definition of 
terrorist activity in the INA) will be required for these 
cases to become approvable.  DHS informed us that they are 
already drafting a proposal for an exemption for combatants 
who fought on behalf of one of the groups removed from Tier 
III.  We asked DHS to agree to a public information campaign 
for this population once the exemption has been approved. 
 
¶5.    Petchaboon Hmong 
PRM raised this issue at the meeting. DHS/USCIS 
representatives will be prepared to discuss in Bangkok next 
week this potential caseload and how the Hmong waiver and the 
changes to the INA could affect their eligibility for 
admission to the United States.  They understand that UNHCR 
is interested in understanding USCIS' position in advance of 
referring cases. 
RICE