In many refugee populations, children become separated from their parents and are cared for by an older sibling, more distant family members or unrelated adults, or subsist in a homeless situation, and are thus especially vulnerable to abuse and neglect. JRS is aware of such children in a number of locations, for example Thailand, Nepal and several African countries, through its education and assistance programs. Present efforts to assist such children are slow, inconsistent and often ineffective.  A comprehensive system to identify such children, assess their needs and find durable solutions for them.  Jesuit Refugee Service/USA has an opportunity to help develop this system, and to ensure that organizations such as JRS international can contribute to its success.

Separated refugee children are especially vulnerable and need individual evaluation for immediate protection and durable solutions. Such evaluation must be done in a timely and professional manner and with appropriate involvement of JRS and other NGOs familiar with these children and their circumstances. JRS/USA wishes to contribute to efforts to improve this process.

U.S. government policies and UNHCR mechanisms have not adequately addressed the protection needs of Haitian refugees in the Dominican Republic and their stateless children.  The Dominican government continues to deny nationality to children of Haitian asylum seekers born in the Dominican Republic, despite an Inter-American Court Case that found the government in violation of its own constitution.  UNHCR has been unable to establish a presence in the Dominican Republic to provide these refugees with needed protection.

Haitians who merit refugee status and stateless Dominican-Haitian children are living in particularly vulnerable situations within the Dominican Republic.  They face arbitrary detention, persecution, neglect and the constant threat of trafficking. The Dominican government has refused to comply with its own laws regarding the citizenship criteria and consistently engages in massive deportations of Haitians without vetting the merits of cases of individuals claiming asylum.  The situation of Haitian refugees and stateless people of Haitian descent living in the Dominican Republic is such that the U.S. and the UNHCR ought to begin to resettle discreet groups of particularly vulnerable individuals.

The defeat of the Tamil insurgency in northern Sri Lanka has resulted in massive displacement of the civilian population. U.S. and international engagement is needed to protect the rights of those now held in detention by the government, to ensure their rapid return to their homes and to provide the relief and development assistance necessary to rebuild their communities. The U.S. must press the government of Sri Lanka to seek equitable political and economic arrangements that will lead to reconciliation and a just and lasting peace. Sri Lanka is of humanitarian and political importance to the United States, and sustained and principled U.S. engagement is needed.

The success of the peace agreement in Southern Sudan and the welfare of the Sudanese refugee population depend on continued diplomatic involvement by the United States and the continued availability of sufficient resources to support sustainable repatriation.  Premature withdrawal of support may lead to the failure of the repatriation process and jeopardize security in the region.  JRS Eastern Africa projects and activities play an important role in encouraging and sustaining return and should receive continuing support. 

JRS-Ecuador has begun to address trends of victimization and violence against Colombian refugee women in Ecuador, an issue that has received little attention in the global community. The U.S. and global donations to refugee needs in the region continue to be insufficient for full-funding of UNHCR and NGO efforts on the ground.

Bhutanese refugees in Nepal have languished in refugee camps for seventeen years while hoping for an opportunity to return to their homeland in safety and dignity. To date, no progress toward repatriation has been achieved, despite intensive diplomatic efforts.

In the absence of other durable solutions, Jesuit Refugee Service has worked for the resettlement of this community in the United States and other countries, and is supporting JRS Nepal in its efforts to ensure that the refugee population has full and accurate information on resettlement so that they may make an informed choice about this option. We are also working to ensure that the Bhutanese continue to receive adequate assistance and education while they remain in Nepal, and to organize volunteers in the U.S. to provide a welcome for those who are resettled here.

In 2008, Jesuit Refugee Service/USA conducted an informal survey of the religious services available for immigration detainees at non-federal detention facilities.The survey confirmed that the level of religious care available to detainees,especially at county and state jails, is substandard or inconsistent. Implementation of religious services standards is not well supported or enforced, and as a result, many detainees are not guaranteed access to appropriate religious services.

Legislative or administrative codification of religious detention standards is secured, so as to guarantee access to appropriate religious services for those held in detention centers, particularly for those immigrants incarcerated in private contract or local state-run facilities. Additionally, the implementation guidelines issued by the Administration in the coming year will include necessarily robust and definitive guidance for detention facilities that fully delineates what steps facilities must undertake to be in compliance with the Religious Practices standard.

JRS/USA believes detainees have a right to religious services. To guarantee that they will enjoy this right, legislation or binding regulations along with robust implementation guidance and oversight is needed.  Religious services provisions must be standardized, supported and enforced at all facilities that hold immigration detainees.

In many countries, including the United States, JRS is active in working to assist refugees and asylum seekers subject to detention. Over the past decade the use of detention to discourage, control and punish asylum seekers has increased worldwide, affecting refugees and asylum seekers.  In the past year, with the encouragement of JRS, the International Detention Coalition (IDC) has become established as a central point for international advocacy on this issue, and UNHCR has shown increasing interest in dialogue with the international NGO community addressing this issue.

In the United States, the Administration has indicated that it may be willing to take a more flexible position on the use of detention, and has acknowledged the link between US effectiveness in pursuing its international migration policies and U.S. domestic detention reforms. The Protection Committee of RCUSA and Detention Watch Network see new opportunities for advocacy to limit the use of detention.JRS/USA will work both nationally and internationally with JRS international offices and through our coalition partners to address this issue.

JRS/USA believes the use of detention is in almost all instances inappropriate for asylum seekers and refugees. Administrative detention should be used as rarely as possible, and alternatives to detention should be identified and used.