The U.S. Immigration System Needs To Do More To Help Uyghurs

“The world has known for years now that Uyghurs, members of a Turkic ethnic group who number about 13.5 million and mostly live in China, are experiencing persecution by the Chinese government. A number of international observers and human rights advocates argue the Chinese government is attempting genocide, but Uyghurs looking for an escape from China’s brutality have had a difficult time securing relief through America’s refugee and asylum pathways, and their immigration struggles are shared by far too many vulnerable people seeking an escape to the United States.
Under U.S. immigration law, asylum seekers are people who are already present on American soil or at a port of entry and apply for the right to remain in the country. Refugees, on the other hand, apply for resettlement in the U.S. from abroad. Approval to stay in the U.S. under either category requires that applicants prove they have been “persecuted or fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group.” The two pathways are intended to help the world’s most vulnerable people escape danger.

In the past two fiscal years, however, the U.S. has admitted zero Uyghur refugees. Many Uyghurs who have been lucky enough to reach the U.S. through other pathways, like student and travel visas, also face an uncertain future—as Caroline Simon reported for Roll Call yesterday, there are “roughly 800 Uyghurs caught in the backlog of hundreds of thousands seeking asylum in the U.S.” Until they receive asylum, they can’t apply to sponsor stranded family members.

It’s undeniable that Uyghurs broadly fall into the categories outlined for refugees and asylum seekers. In the name of cultural erasure, they’ve been subject to mass sterilization, kept from speaking the Uyghur language, and forced to pledge loyalty to the Chinese Communist Party. Adrian Zenz, senior fellow in China studies at the Victims of Communism Memorial Foundation, told NPR that China’s treatment of Uyghurs is “probably the largest incarceration of an ethnoreligious minority since the Holocaust.””

“The plight of the Uyghurs waiting on immigration answers points to broader issues in America’s refugee and asylum infrastructure. For one, the U.S. has been taking in astonishingly low numbers of refugees lately, hitting a record low of 11,411 in fiscal year 2021. Over 667,000 asylum seekers are waiting for their cases to be resolved, and they face an average wait time of around 1,600 days, or 54 months. There’s also the issue of the “last-in, first-out” policy, under which asylum applicants who have arrived in the U.S. more recently are processed first. This means many people who have been present in the U.S. for years cannot petition for visas for family members, which propagates what the Center for Migration Studies of New York calls “the ‘other family separation’ crisis.””

Lithuania wins microchip windfall from Taiwan in China clash

“Because of the warming diplomatic ties between Lithuania and Taiwan, China has unleashed a strict embargo against the Baltic nation — boycotting not only its exports but even goods from other EU countries made with Lithuanian components.

To help ease the pain for its most dogged European ally, Taiwan has announced a $200 million investment plan. And that raises the prospect of co-operation on chips.

Taiwan’s investment plans in Lithuania are not yet finalized, pending studies to be conducted by a team of Taiwanese experts within the next few months. But in an interview with POLITICO, the top Taiwanese diplomat in Vilnius said nothing was off the table, and that Lithuania could act as an inroad to the rest of the European semiconductor market.”

““Taiwan is playing its economic cards smartly,” Mathieu Duchâtel, director of the Asia Program at the Paris-based Institut Montaigne said. “Clearly, Taiwan has something concrete to offer to strengthen the European semiconductor ecosystem, and the message is that this is linked to deepening Taiwan’s international space — so this is a form of economic statecraft.””

On the Horn of Africa, a tiny ‘country’ has Congress’ ear

“a diplomatic delegation from the self-declared independent republic of Somaliland — which broke away from Somalia in 1991 but has no formal diplomatic ties with major developed nations — worked the halls of Capitol Hill seeking sit-downs with whomever would meet with them. The delegation presented itself to U.S. government agencies and lawmakers as an African ally insulated from the instability and China ties that define many of its neighbors.

Somaliland brought solid anti-China credentials to those meetings: it slammed the door on aid and cooperation with Beijing in July 2020 when it inked a diplomatic relations agreement with Taiwan.

That move infuriated the Chinese government because it marked a rare victory in Taiwan’s battle against Beijing’s diplomatic strangulation of the self-governing island.

Somaliland also has geostrategic potential: its location on the Gulf of Aden and deep-water port of Berbera, into which Dubai’s DP World has poured $442 million to build a new container cargo facility, would allow for naval power protection in the Middle East and East Africa. That’s a serious enticement given U.S. Africa Command’s security concerns about its base in neighboring Djibouti: a Chinese naval installation just a few miles away was stood up in 2017.

“We have come to the U.S. to show them that we have the same enemy, and our long-term strategy is we want to be closer to democracies and market economies like the U.S.,” said Bashir Goth, head of mission at Somaliland’s unofficial outpost in Alexandria, Va. “We are countering China [and] the Chinese influence in the Horn of Africa and we deserve [U.S. government] help.”

That pitch had impact — last week, the first-ever staff congressional delegation visited the territory, marking what the Somaliland Chronicle described as “the highest-level American delegation” in more than a decade. That fact-finding mission included staff members of Sen. Jim Risch (R-Idaho), Sen. Lindsey Graham (R-S.C.), Rep. Chris Smith (R-N.J.), Rep. Kay Granger (R-Texas), and Rep. Michael McCaul (R-Texas), ranking member of the House Foreign Affairs Committee.

The staffers returned home convinced of Somaliland’s value to the U.S. in countering China’s regional influence, said Piero Tozzi, senior foreign policy adviser for Smith.”

New law to combat forced labor in China sparks enforcement debate

“President Joe Biden..signed a bill to curb forced labor in China that U.S. business groups and trade experts warn will inflict unnecessary pain on U.S. firms and punish legitimately employed Uyghur Muslims in China’s Xinjiang region.
The Uyghur Forced Labor Prevention Act, which was approved after more than a year’s delay, is designed to insulate U.S. companies and consumers from complicity in forced labor practices in Xinjiang. The U.S. government has concluded that the practices are among abusive state policies targeting Uyghurs that constitute genocide.

But industry groups and trade lawyers say the law’s strict compliance standards coupled with problematic Customs and Border Protection enforcement will harm both U.S. business interests and Uyghur Muslims.”

““If you’re a company who is manufacturing in that area, you’re going to need to prove that slaves didn’t make it. The presumption is on you,” Rubio said after the bill’s Dec. 16 Senate passage.”

“Assertions of the law’s stringent compliance standards are no exaggeration. It imposes a presumption of guilt in terms of forced labor links to any Xinjiang-sourced imports — predominately agricultural and chemical products — and obligates importers to provide documentation that proves its Xinjiang supply chains are not tied to forced labor.

The experience of solar and apparel companies from previous forced labor enforcement actions by Customs and Border Protection suggest that the new law’s compliance standards will be “practically impossible” to meet, said former CBP trade lawyer Richard Mojica.”

“Mojica and other trade lawyers say the law’s compliance requirements will most seriously impact small- and medium-sized U.S. firms that lack in-house expertise to reliably map complex overseas supply chains.”

Why the US is paying more for the military after the Afghanistan war is over

“The US national security establishment sees China as the most urgent threat of the moment, while the entrenched interests of the arms industry endure.

Put another way, although the US is no longer in Afghanistan, taxpayers continue to pay for the American military’s massive global presence. Absent a fundamental rethinking of how the US sees national security and the role the military plays in foreign policy, big cuts are unlikely.”

“Congress didn’t think that Biden had committed enough to combatting China in his original defense budget request, so lawmakers added some $25 billion in all.”

Crackdown on China’s treatment of Muslim minority headed to Biden’s desk

“The Uyghur Forced Labor Prevention Act effectively bans all imports from China’s Xinjiang region, where the U.S. government has said that the Chinese Communist Party is perpetrating a genocide against the religious minority, including slave labor, forced sterilizations and concentration camps. Under the terms of the bill, companies that produce goods in Xinjiang can be granted an exception if they show proof that those products are not made using forced labor.

“Many companies have already taken steps to clean up their supply chains,” Rubio said. “For those who have not done that, they’ll no longer be able to continue to make Americans — every one of us, frankly — unwitting accomplices in the atrocities, in the genocide that’s being committed by the Chinese Communist Party.””

What the US’s diplomatic boycott of the 2022 Beijing Olympics does — and doesn’t — mean

“President Joe Biden’s administration said this week that it would not send US government officials to the Beijing Games in protest of China’s human rights violations, including its abuses against the Uyghurs in Xinjiang and anti-democratic crackdown in Hong Kong. The United Kingdom, Australia, and Canada also said this week that they will keep their delegations home.

This diplomatic boycott isn’t a full-on protest of the games, and won’t prevent athletes from participating in the 2022 Olympics. It won’t affect the spectacle of the event all that much, although lots of skiers will probably be asked about it. And despite some pressure from activists and human rights advocates, corporate sponsors — a.k.a. the money behind it all — have been largely silent.

All of this makes the US diplomatic boycott “more symbolic than substantial,” Zhiqun Zhu, a professor of political science and international relations at Bucknell University, wrote in an email.

That symbolism can still needle the Chinese government, especially now that countries beyond the US have joined, and even more so if others follow suit. The Olympics matter to Beijing — maybe not as much as its coming-out party in the 2008 Summer Games, but President Xi Jinping still wants to signal international prestige to the world and to his domestic audience, especially amid the Covid-19 pandemic.

The Chinese government has pushed back pretty hard against the boycotts. Before they became real, China warned of “resolute countermeasures,” without specifying what those might be. Since the boycott announcements, Chinese officials basically said that’s cool, but you actually weren’t even invited anyway.”

China joined rules-based trading system — then broke the rules

“It’s been 20 years since China entered the global trade body, the World Trade Organization, a move that gave it access to the international trade system.”

“China’s WTO accession has rendered the U.S. undeniable gains. Consumers have enjoyed two decades of relatively inexpensive imported consumer goods, which boosted their buying power and the economy. A 2019 analysis by the London School of Economics of the impact of China’s WTO entry on U.S. consumer prices concluded that “each US household saw its annual purchasing power increase by $1,500 thanks to lower prices caused by increased trade with China from 2000 to 2007.”
WTO-brokered access to the Chinese market for U.S. agricultural products has reaped an export boom for farmers and agribusiness. And the U.S.-China Business Council’s 2021 member survey revealed that “ninety-five percent of respondents report that their China operations were profitable over the last year.”

But there is compelling data that China’s WTO entry helped accelerate America’s deindustrialization. A 2020 analysis by the nonprofit Economic Policy Institute, a labor-oriented think tank, estimated in January 2020 that the U.S. trade deficit with China resulted in the loss of 3.7 million jobs from 2001-2018.

The Chinese government’s willingness to push its economy to a more market-oriented setting broadly ground to a halt by around 2008. And that may have been the plan.

“When we promised to adopt a market economy, we made it absolutely clear that it would be a socialist market economy,” Long Yongtu, China’s chief negotiator for WTO accession, said in an interview in May. That effectively meant that China exploited foreign market access while blocking the U.S. from the Chinese market through measures largely outside of the WTO’s supervision and enforcement mechanisms.”

“Practically..the WTO may be incapable of bringing China’s unfair trading practices to heel because all 164 member nations — including China itself — need to accede to any new agreements.

“I don’t think the WTO can adequately discipline Chinese government practices because the rules of the WTO are now old,” Barshefsky said.”