Freedom House
Unease created by fears of surveillance may intersect
with concerns about how the collected information could
potentially be used. Some diaspora members interviewed by
Freedom House noted suspicions that contact with US law
enforcement may place them in more, not less, danger: “Part
of the reason why people won’t speak up is because they
know the government of Rwanda has a very tight relationship
with the US government, and sharing information, they think
they’re telling on themselves,” said Gatebuke, the RwandanAmerican activist. These issues could impede the FBI’s efforts at
informing vulnerable diasporas about the threat of transnational
repression and the resources that are available to them.
Lacking lawful status, some in
targeted communities will not report
transnational repression
Another significant obstacle to tracking transnational
repression, which cannot be overcome by greater awareness
of the threat among law enforcement, is the precarious legal
status of the people targeted by it. The case of the Uyghurs
seeking asylum in the United States exemplifies this issue. The
US government has called the campaign against Uyghurs in
Xinjiang, which includes forced sterilization, mass internment
camps, and surveillance, a “genocide” and “crimes against
humanity.” 27 Uyghurs living outside of China also face an
array of repressive tactics. They are targeted for detention
and deportation through Interpol28 and through cooperation
between the Chinese government and friendly counterparts.29
They are heavily surveilled.30 Their families are threatened.31 And
they are intimidated via phone calls and online abuse.32 While
Uyghurs who experience transnational repression in the United
States can contact local or federal law enforcement, some may
hesitate to do so because they lack lawful immigration status.
In the last two years, the United States has not admitted any
Uyghurs through its refugee resettlement program.33 This is
for two main reasons. First, Beijing has made it extraordinarily
difficult for Uyghurs to leave China by denying them passports
and exit paperwork, and few Uyghurs are able to apply through
the United Nations for asylum while in China. Second, the
United States has greatly restricted the number of refugees it
accepts for resettlement. Refugee admissions were reduced
substantially under President Trump, shrinking from 85,000
the year he took office to 11,800 the year he left. And although
the Biden administration promised to increase refugee
resettlement, only 11,400 refugees were admitted to the United
States during his first year in office, in 2021.34
Uyghurs already in the United States are facing obstacles
to gaining protected status as well. Those who applied
for asylum after entering the country lawfully as students,
workers, and to visit family members35 are spending years—
sometimes as many as 7 years—in legal limbo as their
asylum cases work their way through an extremely stressed
and dysfunctional immigration system.36 US Citizenship
and Immigration Services (USCIS) has an unprecedented
multimillion backlog of cases. Processing these cases has
been exacerbated by the COVID-19 pandemic, which strained
service delivery, while strategic changes to immigration
policies under President Trump directed resources away
from the processing of asylum claims toward processing
expedited removals.37
Another significant obstacle to tracking
transnational repression, which cannot
be overcome by greater awareness of
the threat among law enforcement,
is the precarious legal status of the
people targeted by it.
As of the end of 2020, there are more than 386,000
pending applications for affirmative asylum in the United
States.38 Affirmative asylum claims are made by people
who are not in removal proceedings and are proactively
seeking protection from persecution within the United
States. Uyghurs and others affected by this backlog
remain at risk of deportation as they wait for their cases
to be adjudicated. This lack of security seriously deters
their ability to engage in activism and can also discourage
contact with law enforcement. “There is a fear [while you
wait for asylum] that you don’t belong anywhere yet. You
are still a Chinese citizen…maybe your passport is already
expired. And if it is, you don’t belong to any country
anymore,” said Jawdat.39
The timely processing of asylum applications is one of the
central priorities of the Uyghur diaspora. Without lawful
permanent status, targets of transnational repression
remain especially vulnerable to the reach of authoritarian
governments.
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