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Georgetown Law School Fact-Finding Group Releases Report on Material Support Bar

Cite as "AILA InfoNet Doc. No. 06050370 (posted May. 3, 2006)"

Georgetown University Law students released a comprehensive report entitled, "Unintended Consequences: Refugee Victims of the War on Terror" documenting the group’s research on the application of the "material support to terrorists" bar to Colombian refugees. The report concludes that the bar is having the unintended consequence of excluding thousands of refugee victims of terrorism.

The report recommends that Congress amend the material support bar to establish exceptions for individuals who provided involuntary support – support provided under explicit or implicit duress -- or de minimis support to terrorist organizations; require the government to certify an organization as a “terrorist organization” before an individual can be barred for providing support to that group; and provide a time bar exception for support provided when the individual was either below the age of consent or many years prior to the application for resettlement. In addition, the report urges DHS to establish clear administrative guidelines interpreting the material support bar, and recommends that the Secretary of DHS, Secretary of State and the Attorney General to delegate their authority under the current law to waive the bar in appropriate cases.

 
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