ASYLUM REQUESTS

References
Maritime Law Enforcement Manual, COMDTINST M16247.1 Boarding Officer / Boarding Team Member PQS, COMDTINST M16247.3 BO / BTM PQS Answer Book, COMDTINST M16247.7 Maritime Counter Drug and Alien Migration Interdiction Manual, COMDTINST 16247.4 (NWP 3-07.4).

Objectives
Explain the definition of Asylum State the procedures that are followed after receiving an asylum request State the actions that are taken to protect an asylum seeker

Asylum as Defined by the U.S.

Protection provided to a foreign national, Who applies for such protection, Based on a well founded fear of persecution on account of:

Race Religion Nationality Social Group Political Opinion

Alien Migrant Interdiction Operations (AMIO)

In general, migrants do not meet the criteria for asylum seekers, but may make asylum requests during interdiction Asylum requests from migrants should be noted and forwarded to OPCON

Depending on the circumstances, INS agents may conduct pre-screenings at sea to determine the status of migrants requesting asylum

Upon Receipt of Asylum Request

Provide appropriate protection Contact OPCON and be prepared to give any or all of the following info:

Name & Nationality Date & Place of Birth Occupation Description of any documentation Foreign authorities aware of request? Circumstances surrounding request

Upon Receipt of Asylum Request

Contact OPCON continued

Exact location (ETA & NPOC) Reason for claim Any criminal charges, known or alleged? Any Communist Party affiliation? Any other party or government office held now or previously?

Do not delay initial report in order to develop all of the required information.

NEWS MEDIA

U.S. agencies will not issue press releases. Acknowledgement may be made that a request has been made and is being considered. Notify State Dept.

Protection of Asylum Seeker

On a U.S. Vessel
Safe protective custody will be provided. Minimum force necessary to protect asylum seeker from forced repatriation is authorized. The only exception is while in foreign territory

Protection of Asylum Seeker

On a U.S. Vessel in Foreign Territory

Immediate temporary refuge for humanitarian reasons may be granted in extreme or exceptional circumstances, such as pursuit by mob. Level of force utilized is at the discretion of the senior officer present.

Protection of Asylum Seeker

Foreign Vessel on the High Seas

Only that protection authorized under COMDTs Use of Force policy as it pertains to self defense may be used. OR any actions authorized under a SNO

Protection of Asylum Seeker

On a Foreign Vessel in U.S. Territory

Safe protective custody will be provided. Minimum force necessary to protect asylum seeker from forced repatriation is authorized.

Protection of Asylum Seeker

In essence, an asylum seeker on a vessel where USCG has jurisdiction will be protected from forced repatriation.

Scenarios

What action should be taken in the following cases?

First Mate of a foreign freighter 30 miles west of Charleston requests asylum. Crewman on a foreign fishing vessel at anchor 1 mile off Ft Myers Beach requests asylum. The Chief Engineer from a foreign freighter 125 miles south of Puerto Rico jumps overboard and is rescued by CGC Attu. He then requests asylum.

Scenario

What action should be taken in the following cases?

While docked in Santo Domingo, Dominican Republic a man being chased by a mob runs up the brow and claims to be the loser in the last presidential election and requests asylum.

SUMMARY
Definition of Asylum Procedures to following after receiving an asylum request Level of protection provided for asylum seekers Procedures for asylum requests during AMIO