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.””

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.”

Terrorwashing a Genocide

“In The War on the Uyghurs, Sean Roberts begins the arduous task of probing these and other mysteries of the first two decades of the global war on terror. In doing so, he shows how the United States’ efforts to build an international consensus for its counterterrorism projects had far-reaching consequences on the other side of the world, changing the relationship between the Chinese state and its long-oppressed Uyghur minority. He also shows how, during that same period—apart from any Western influence—the Chinese government became increasingly brazen in its oppression of Muslim and Turkic minorities, steadily curtailing freedoms of movement, assembly, and speech in Xinjiang long before the moment in 2016 when it began secretly interning hundreds of thousands of people in extrajudicial “Transformation Through Education” centers.”

“It is tempting to think of Xinjiang as a vast and arid Guantanamo Bay, one roughly as large as Alaska and as populous as Texas. Like Donald Rumsfeld’s own “world-class operation,” on a much grander (albeit largely domestic) scale, it is a hypertrophied state-within-a-state where minority residents are guilty before judgment and where the rule of law is reengineered in the name of fighting a pervasive, unbounded, and infinitely flexible terrorist threat. According to Darren Byler, another scholar of the region, China’s counterterrorism campaign in Xinjiang “rests on the assumption that most Uyghurs and significant numbers of Kazakhs are terrorists, separatists, and extremists-in-waiting.” But while Guantanamo Bay’s purpose is containment, Xin-jiang’s state of exception is intended to cure a diseased population. This philosophy is made explicit in government statements dating to the 2014 start of China’s “People’s War on Terror.” In the words of one 2015 report from Hotan City, anyone whose thinking has been “deeply affected” by “religious extremism” must be transformed through “military-style management.”

Roberts argues that this state of exception is facilitating cultural genocide. In addition to the system of extrajudicial detention that has incarcerated hundreds of thousands of people—possibly more than a million—in camps, more than 300,000 residents have also received formal prison sentences in the last three years, an order of magnitude more than in previous periods. An entire generation of Uyghur academics, artists, and businesspeople has disappeared, probably into prisons; they include internationally respected anthropologists, poets, comedians, novelists, and economists. There have been many credible reports of torture, sexual violence, and forced sterilization among Xinjiang’s minority population. Children are routinely taken from detained parents and placed in state orphanages where minority language and culture are demonized. And more than a million Communist Party cadres have been sent to live temporarily with Uyghur and Kazakh families, where they perform searches of homes, lecture their hosts on the dangers of Islam, and even sleep in the same beds as their “brothers” and “sisters.” Meanwhile, birth rates have plummeted in minority areas. The end result, scholars and activists fear, will be the eradication of Uyghurs as a distinct people.”

“It’s true that small numbers of Uyghurs have sometimes pushed for political independence in their homeland, even founding two short-lived Republics of East Turkestan in the years before China’s Communist revolution. But in case after case, Roberts shows, the Chinese government has used deceptive framing, official secrecy, and the framework of the war on terror to artificially inflate the danger of Uyghur separatism in order to justify increasingly ruthless policies in Xinjiang. “Often,” he writes, “what was framed as a ‘terrorist attack’ by authorities at this time was really armed self-defense against police and security forces, which were seeking to aggressively apprehend Uyghurs they viewed as ‘disloyal’ to the state, often merely determined by their religiosity.””

“As the war on terror escalated outside of China, state-conjured threats of separatism led to harsher policies in Xin-jiang. Roberts argues that this environment created a “self-fulfilling prophecy” where state tactics made spontaneous acts of rage and violence—eventually including genuine acts of terrorism, such as a coordinated knife attack in Kunming in 2014—all but inevitable, retroactively justifying the policies that caused the violence in the first place.”

China is buying Muslim leaders’ silence on the Uyghurs

“As the world increasingly speaks out against China’s genocide of Uyghur Muslims in Xinjiang, the quietest voices continue to belong to the leaders of Muslim-majority countries.
Look no further than Pakistani Prime Minister Imran Khan’s interview this week with Axios’s Jonathan Swan. Swan asked why the premier, who often speaks out on Islamophobia in the West, has been noticeably silent on the human rights atrocities happening just across his country’s border.

Khan parroted China’s denial that it has placed roughly 2 million Uyghurs in internment camps and then evaded the issue over and over again. “This is not the case, according to them,” Khan said, adding that any disagreements between Pakistan and China are hashed out privately.

That’s a jarring statement. Instead of offering a pro forma “Yes, of course we’re concerned by this” before moving on, Khan chose instead to minimize the problem altogether.

Why would Khan do such a thing during a high-profile interview, with his self-enhanced image as a defender of Muslims on the line? The prime minister gave the game away later in the interview: “China has been one of the greatest friends to us in our most difficult times, when we were really struggling,” Khan told Swan. “When our economy was struggling, China came to our rescue.”

China has given Pakistan billions in loans to prop up its economy, allowing the country to improve transit systems and a failing electrical grid, among other things. China didn’t do that out of the goodness of its heart; it did so partly to make Pakistan dependent on China, thus strong-arming it into a closer bilateral relationship.

It’s a play China has run over and over through its “Belt and Road Initiative.” China aims to build a large land-and-sea trading network connecting much of Asia to Europe, Africa, and beyond. To do that, it makes investment and loan deals with nations on that “road” — like Pakistan — so that they form part of the network. The trade, in effect, is that China increases its power and influence while other countries get the economic assistance they need.”

“”In 2019, Saudi Arabia, the United Arab Emirates and Egypt were among 37 countries that signed a letter to the U.N. Human Rights Council praising China’s “contribution to the international human rights cause” — with claims that China restored “safety and security” after facing “terrorism, separatism and extremism” in Xinjiang…

When Saudi Crown Prince Mohammed bin Salman visited China in 2019, he declared that “China has the right to take anti‐terrorism and de‐extremism measures to safeguard national security.” And a March 2019 statement by the Saudi‐based Organization of Islamic Cooperation (OIC) praised China for “providing care to its Muslim citizens.”””

“In 2009 — as Chinese authorities cracked down on Uyghurs amid ethnic violence in Xinjiang, and long before there were credible reports of arbitrary imprisonment, torture, and forced labor — the Turkish leader spoke out about what was happening.

“The incidents in China are, simply put, a genocide. There’s no point in interpreting this otherwise,” Erdoğan said.

ut now his tune has changed. In January, Turkish police broke up a protest led by local Uyghurs outside China’s consulate in Istanbul, and the government stands accused of extraditing Uyghurs to China in exchange for Covid-19 vaccines.

Why such a shift? You guessed it: Money.

The Turkish economy was in a downturn well before the coronavirus pandemic, but China has come to the rescue. Erdoğan and his team have sought billions from China in recent years, and China became the largest importer of Turkish goods in 2020. Saying anything negative about the Chinese government — especially on the Uyghur issue — could sever the financial lifeline China provides.

That said, the pressure from the pro-Uyghur public in Turkey has forced a slight shift in the Erdoğan regime’s rhetoric in recent months. In March, Turkish Foreign Minister Mevlut Cavusoglu said his administration has brought up the plight of the Uyghurs in private discussions with Chinese officials.

Still, that falls far short of what the world should expect from Muslim leaders.”