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Running head: FOREIGN EVERYWHERE, WELCOMED NOWHERE 1

Foreign Everywhere, Welcomed Nowhere: The Syrian Refugee Crisis

Nigel X. Seabrook

First Colonial High School

Legal Studies Academy


FOREIGN EVERYWHERE, WELCOMED NOWHERE 2

Abstract

This paper is a comprehensive analysis and study of the Syrian refugee crisis. This paper touches

briefly on the history of Syria and the events leading to the crisis. The author furthermore details

the response of the United States and other international countries affected by this crisis. The

legal definition of a refugee will be disclosed and how after this title is granted to a Syria citizen

a vetting process begins. In this paper, you will understand international and U.S. law that

provides resettlement and vetting of these foreign nationals seeking asylum. It will also present

the challenges Syrian refugees face, and if those laws protect or address these issues. The author

will bring to light the issue of Islamophobia and evaluate the risk of refugees being terrorist and

committing attacks on U.S. soil. Lastly, the author will show the discrepancies between the

United States and other countries taking in off refugees and the result of doing so.
FOREIGN EVERYWHERE, WELCOMED NOWHERE 3

Foreign Everywhere, Welcomed Nowhere


In Their Shoes

Remembering the attack on your city, you move forward in the line waiting for your

number to be called out, having waited two days. Your mother and father were killed in the

bombing and now you are caring for your sickly sister. The only earthly possession you own are

the clothes on your back. Having traveled in rain, walked in mud, and now in the hot sun, you

are covered in dirt and debris. You are sweating bullets, but night awaits you with its cold grip.

This is only the beginning, you are now a Syrian refugee in search of asylum. Then you realize it

only gets harder from here on out.

Overview of Crisis

The Syrian crisis is one of the largest recorded humanitarian epidemics known to modern

day society. Each year since 2011, the influx of Syrian refugees to different countries has

increased, and there seems to be no end in sight. World leaders, politicians, and civilians think

Syrian refugees are those seeking economic prosperity, like those who regularly come to

countries as immigrants. It must be understood that refugees and immigrants in a broad aspect

seem the same,but are not by definition. Refugees are asylum seekers who have left their

homeland to escape tyranny, persecution, or elements of war. Immigrants are individuals who

leave their homeland to escape a discomfort, hoping another country will provide an elevated

lifestyle than previously encountered. Syrian refugees can be labeled immigrants, but the truth of

the matter is these people are not escaping their motherland or culture for comfort reasons; they

wish not to be weeded out (Momin, 2017).

Nevertheless, the issues that drove out Syrian Refugees seems unlikely to be resolved any

time soon. Before the crisis, Syria was a country of many faults: income inequality,

unemployment, and suppression of minorities and opposition. These issues combined with the
FOREIGN EVERYWHERE, WELCOMED NOWHERE 4

rapid rise in violence created the crisis itself. The mass deportations of Syrians not only went to

European countries, but neighboring middle eastern countries such as Turkey, Jordan, and

Lebanon (Momin, 2017).

Statistics

As of September 2017, there are currently 6.3 million Syrians internally displaced in

Syria. Five million Syrians have been forced to leave and take shelter in neighboring countries.

Since 2017, Turkey has the most Syrian refugees coming in at 3.3 million, which is more than

any other country. Lebanon comes in second with one million refugees, and Jordan comes in last

with over five hundred thousand. These numbers are projected to rise in the coming months and

year, as the civil war in Syria escalates. Approximately thirteen million Syrians are still in need

of aid, and 11 million are scattered throughout the Middle East, Europe, and the United States. It

will take nearly 5 billion dollars to help aid those being affected by the refugee crisis ("Quick

Facts," 2017).

Thesis

The Syrian refugee crisis translates through all borders, and calls upon international

intervention to answer for the neglect and abuse of the refugees who are subject to a ruthless and

inhumane leader. Syrians have become victims of war while facing sexual abuse, starvation,

illness and discrimination.

Syrian Civil War

The civil war in Syria evolved from a revolt (The Arab Spring), which currently involves

a variety of diplomacy concerns and political attitudes. The Syrian civil war began in 2011,

resulting in a year long stronghold of Assad's tactics, which became more aggressive and radical

to stop rebel forces. In early 2012, rebel groups began to unite in order to combat the tyranny of
FOREIGN EVERYWHERE, WELCOMED NOWHERE 5

Assad and his regime, but realizing they needed a more centralized power, these groups officially

formed as the Free Syrian Army (Ali & Addley, 2011).As a response to the formation of the Free

Syrian Army Assad and his regime increased attacks on urban areas. Assad’s regime would then

shift to chemical warfare to in hopes of eradicating rebels (Sheehy, 2014). Assad’s chemical

warfare attack killed over 300 civilians, including men, women and children.

The president of Syria,Bashar al-Assad, is using the same three step plan to dominate any

inkling of a revolt as his father, Hafez al-Assad, from the early 1980s (Holliday, 2013). The three

components are as follows: “ (a) carefully selecting and deploying the most trusted military

units, (b) raising pro-regime militias, and (c) using those forces to clear insurgents out of major

urban areas and then hold them with a heavy garrison of troops”(Holliday, 2013). Though this

plan worked for Bashar’s father, he was not successful in his execution. Bashar’s stability on

power relies on a small military unit close to Bashar, that he alone trusts with his life. These

military units boundless force with the help of private militias who support Assad have raped and

pillaged their native land and its people (Holliday, 2013),

Bashar al-Assad Regime

The al-Assad regime rule in Syria trails in blood, scandals, and oppression for nearly half

a century (Parvaz, 2012). The standing president of Syria acting as a dictator is a legacy of the

al-Assad family, Bashar al-Assad, who is the son of Hafez al-Assad (Ali & Addley, 2011).

Hafez al-Assad is to be accredited with the family's claim to power by executing a overthrow of

the Baath party and seizing power due to a void of leadership (Parvaz, 2012). Hafez al-Assad

ruled over Syria for 29 years until his death, paving the way for his second eldest son Bashar al-

Assad who would claim his right to be president ( Khalid & Abbassi,2017).

United States Federal Government Response


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The United States has been one of the largest donors to aid in providing relief for the

Syrian refugee crisis. The U.S. in retrospect has not allowed the same number of Syrian refugees

into the States as those across the Atlantic Ocean (Margesson & Chesser, 2015). The United

States have recognized the human rights violations that are crimes against humanity since

chemical warfare is being used against syrian citizens.

The U.S. does not provide any federal money, but actual services such as “medical care

and medical supplies (including immunization programs), food, water, shelter, and other non-

food items such as blankets and clothing. It also supports programs focused on psychosocial

rehabilitation of refugees and the prevention of gender-based violence” (Margesson & Chesser,

2015).

Obama Administration

Under President Obama’s Administration, over 10,000 Syrian refugees were allowed

entry into the United States. When former President Barack Obama held a summit with nearly 50

world leaders, all vowed to aid in helping Syrian refugees find jobs, provide education, and

improve their overall treatment (Morello, 2016).

Trump Administration

President Trump’s administration plans to drastically reduce the number of refugees that

are allowed entry into the United States. The estimated number would be less than half of the

previously suggested number by former President Barack Obama and his term in office (Koran,

2017).

President Donald J. Trump issued Executive Order No. 13,769 (EO-1), titled “Protecting

the Nation from Foreign Terrorist Entry into the United States” (Koran, 2017). The executive

order was put into place to defer entry for ninety days of foreign nationals from seven countries
FOREIGN EVERYWHERE, WELCOMED NOWHERE 7

presume to be potential terrorist risk. This executive order and its provisions were challenged as

soon as it reached federal courts, and was momentarily halted by a judge. The seven countries

listed in the ban never attacked the United States. In fact, the countries which did attack the U.S.

during 9/11 were from United Arab Emirates, Egypt, Lebanon, and are not listed on the first ban

list (Levenson, 2017).

The Ninth Circuit court refused the federal government’s emergency proposal to keep the

order pending appeal. Rather than debating Executive Order No. 13,769 (EO-1) the Executive

branch rescind the order and made plans for a new one. President Trump later issued Executive

Order No. 13,780 (EO-2). Section 2(c) of EO-2, which had the same aspects of the first

Executive order, but with more provisions to prevent entry for foreign nationals. The order

suspended entry of refugees into the U.S. for 120 days, on the effective date the executive order

was signed. The executive order also temporarily halted entry of any individual under United

States Refugee Admissions Program (USRAP) once 50,000 refugees have entered the United

States (Levenson, 2017).

State Government

When a refugee is permitted entry into the U.S., after a thorough background check is

completed (time frame is approximately two years), the responsibility for maintaining the

welfare of a refugee is moved to the states providing shelter. As a result, states have the notion

that at some degree they have certain rights regarding how the Syrian refugees are resettled

(Fandl, 2017).

State's Response to Syrian Refugee Crisis


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After the Paris terrorist attacks of 2015, states took measures to restrict the entry and

resettlement of Syrian refugees into the United States. Governors, mayors, and state officials

alike demanded for the prompt suspension of the Syrian refugee resettlement program, or the the

halting of these individuals being settled into their states. Many states legally have little to no

power in restricting the resettlement of Syrian refugees, especially if the government is providing

resources to house the refugees (Fandl, 2017).

The UN in relation with the U.S. federal government organizes and regulates the process of

background checks, resettlement, and overall care for a titled refugee. Nowhere in this process

does the state have a say in these proceedings. The only task states are given is the formal

resettlement of refugees, placing refugees into designated communities. States are not given any

prior information pertaining to the vetting of the entering refugee. This policy results in the

increased suspicions of refugees and friction between the state and federal government's (Fandl,

2017).

State’s Rights in Relation to Syrian Refugees

States are not backed by federal law to nullify a president's choice to allow refugees entry

into the United States. In regard to the Refugee Act, Congress, the State Department and the

President are the ones able to make decisions between foreign policy and asylum seekers. Not

only does federal law stop states from discriminating against certain types of refugees like

Syrians, the Constitution does as well (Gulasekaram & Ramakrishnan, 2015).

States retain the right to pull out of the Refugee Placement Program at anytime. States do

not hold the right to directly legislate laws regarding immigration. “It is equally clear, however,

that states are permitted to legislate in areas affecting the health, safety, and welfare of their

residents, even if these laws affect immigrants in a disproportionate manner” (Fandl, 2017).
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In this matter a statutory right is given to states only in the aspect of being notified,

communicated, and directed on the matter of refugee resettlement. Nonetheless, communication

between the state and federal government is limited at the discretion of the federal government to

disclose on pertinent information on the comprehensive process, and then the predetermined

division of refugees (Fandl, 2017).

States are not allocated any supplementary information collected during the processing of

a refugee that will be placed in their state. States have growing concerns for the safety of their

residents following the permitted entry of syrian refugees. States may wish for further

information on refugees who are being resettled in their state to no avail (Fandl, 2017).

Journey to Resettlement in the United States

In order for a Syrian to be resettled into the United States, they must go through a vetting

process. The vetting process by which Syrian refugees undergo is very complex and defined by

many as redundant and prolonged.

Vetting

The screening process for a Syrian refugee to be allowed entry into the United States can

take anywhere from two to three years. This process is very intrusive because of policies dictated

from the United Nations and the United States, in conjunction with its federal departments and

agencies, who have to conduct screening processes as well (Park & Buchanan, 2017).

The screening process starts at U.N. High Commissioner for Refugees (UNHCR), where

multiple interviews and background checks take place. The UN must then grant that person

status of Refugee, and have a referral for resettlement. Refugee applicants that undergo this

initial screening also have a biological screening. The UNHCR then makes the decision on

whether or not to allow an applicant resettlement into a country of their choosing. This is not
FOREIGN EVERYWHERE, WELCOMED NOWHERE 10

even the beginning of the screening process, because another institution conducts more

interviews with the applicant and their families while also obtaining background documentation

(Hall, 2017).

When Homeland Security begins screening process they already have a tower of

information about the refugee applicant. Syrians, although limited in various areas of

documentation, are still one of the most well documented people in the Middle East but are still

prevented entry into the United States. Any items from a refugees’ personal life to their

profession, and those of your family and friends are put into the spotlight and verified. In several

cases those who have committed any degree of criminal or terrorists activity is denied entry

(Hall, 2017).

Once this process is completed, Homeland Security conducts another interview.

During this interview period, every single thing said during the interview is detailed,

investigated, and crossed referenced to previous interviews conducted. This portion of the

process is so intense that an interviewer stated, “Some refugees are so fearful of forgetting some

detail of their lives that they bring notes to the interviews to remember everything exactly” (Hall,

2017). Refugees are now prevented and straight out denied to have these reminders, because

Homeland Security officers worry there are those who are trying to keep up a fake story. Every

single action a refugee takes or had taken is taken into account and checked to see if an

individual is trying to enter the country as a possible member of a terrorist group (Hall, 2017).

Then the U.S. does is own vetting process of a refugees’ information collected up to that point.

An individual that takes part in the vetting process detailed the remaining process:

The refugees’ information and fingerprints (also taken by Homeland Security officers)

are ran through the database of nine law enforcement agencies, intelligence, and security
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agencies and matched against criminal databases and biographical information such as

past visa applications. Behind the scenes, officers and supervisors of varying political

stripes debate and discuss each case endlessly. At U.S. Citizenship and Immigration

Services headquarters, officers conduct more research, reconciling multiple interview

notes, country conditions and background checks. They are trained to spot “red flags” or

issues that might make someone inadmissible. If a national security threat emerges,

certain nationalities are placed under tighter scrutiny (Hall, 2017).

Finally refugees are matched with an American resettlement agency; then as a last precaution

there are multi-agency security checks before leaving for the United States, and lastly, a final

security check at an American airport (Park & Buchanan, 2017).

Profile of a Syrian Refugee

In the past few years, the growing numbers of Syrian refugees are orphaned children.“As

refugees, the familiar lives they once knew — as doctors, parents, students, carpenters or friends

— have been replaced with the daily struggle to find shelter, food, water and safety for their

families in foreign territory” (Congan, 2015). More than fifty percent of Syrian refugees are

children which who are less than eighteen years old ("Quick Facts: What You Need to Know

about the Syria Crisis," 2017).

The U.S. State Department had stated that the majority of Syrian refugees that are

allowed entry to the U.S. are women, children, and the elderly. Less than three percent of those

admitted are young men in the age bracket of teenage to mid-adult. So in terms of potential

terrorist risk “The mathematical odds of an ISIS terrorist getting into the States through the

Syrian refugee program are therefore minuscule” (Clark, 2016).

Are they Potential Terrorists


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The Paris terrorist attacks in 2015 shook the already weak foundations on the issue of the

Syrian refugee crisis. When a terrorist falsely represented himself as a Syrian refugee, it resulted

in the question of whether to accept additional Syrian refugee into the United States. The United

States had already been suspicious that members of Islamic State of Iraq and Syria (ISIS) or

other terrorist groups and organizations may pose as Syrian refugees (Bergen, 2015).

“More than half of Americans polled by Bloomberg Politics said the United States should

not take any Syrian refugees fleeing the terrible war in Syria” (Bergen, 2015). The U.S. vetting

process is very meticulous when screening Syrian refugees in comparison to Europe. Europe's

refugees do not go through the same rigorous process as U.S. applicants for resettlement

(Bergen, 2015).

According to a analysis from the Cato Institute, no individual admitted into the United

States, be it Syrian or other foreign national, has performed a major act of terrorism since the

implictication of the Refugee Act of 1980 (Levenson, 2017).

Islamophobia in the West

Studies show that the real threat are Americans “Far from being foreign infiltrators, the

large majority of jihadist terrorists in the United States have been American citizens or legal

residents” (Bergen, 2017). The United States along with Eastern Europe has made the

correlation of the Syrian refugee crisis to the issue of terrorism. When President Donald Trump

was on the campaign trail, he proposed the surveillance of religious temples occupied by refugee

and the Muslim community. What people fail to realize is that refugees go through the must

complex and harsh vetting of any group of immigrants. Then there are those who do not wish to

allow refugees entry due to the fact that the acceptance of refugees would result in more Muslims

entering the United States. These refugees in some of Americans’ eyes are invaders that wish to
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destroy America and its ideals from within, and that Syrians seek to suck the U.S. of its resources

and become the dominant force in the world (Bergen, 2017).

Challenges Syrian Refugees Face

Those escaping the escalating tyranny in Syria witness all evils of man; merciless

killings, torture, and sexual abuse. Women and young girls are victims of rape and other acts of

sexual assault. Young children and men are being targeted as a means to enact political gain over

Syria. There are gangs that constantly attack Syrian refugee camps to obtain food and supplies

that they lack in their own community. These gangs are known to commit sexual violence acts

against women and young girls (Myers, 2016).

Diseases in refugee camps spread relatively fast and can be fatal if not treated. Syrian

children are suffering from polio, measles, and other child-related diseases. Compacted refugee

camps are breeding grounds for all forms of sickness due to cross-contamination of dirty water.

There is also a shortage of water in refugee camps that are overloaded to capacity (Myers, 2016).

In pre-war Syria, underaged marrying of girls may not have been common, but it was not

a foreign concept. As a result of the Syrian refugee crisis, the number of Syrian girls being

married off has increased dramatically. This act became a tool to provide for the daughter of the

family if they no longer have the resources to do so, and wish to protect her from sexual assault

(Myers, 2016).

United States Law

Refugee Act of 1980

The Refugee Act of 1980 was the first comprehensive federal policy to reshape

immigration law and tackle modern forms of refugee issues. (Moffett, 2017) This Act revised the

definition of a refugee, and it also increased the number of refugees allowed into the U.S. to
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50,000 when it was previously less than 20,000. Once Congress enacted this, it amended the

Immigration and Nationality Act (Moffett, 2017). The Refugee Act would, later on, create the

Federal Refugee Resettlement Program, and the foundation of background checks for refugee

applicants (Krogstad & Radford, 2017).

Congress declares that it is the historic policy of the United States to respond to the

urgent needs of persons subject to persecution in their homelands, including, where

appropriate, humanitarian assistance for their care and maintenance in asylum areas,

efforts to promote opportunities for resettlement or voluntary repatriation, aid for

necessary transportation and processing, admission to this country of refugees of special

humanitarian concern to the United States, and transitional assistance to refugees in the

United States. The Congress further declares that it is the policy of the United States to

encourage all nations to provide assistance and resettlement opportunities to refugees to

the fullest extent possible (Goodwin-Gill, 2008)

The President does have the legal authority to allow the entry of Syrian refugees under this act.

International Laws

The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol is the legal

foundation on the topic of refugees. This document is seen as a customary international law,

“Ratified by 145 State parties, it defines the term ‘refugee’ and outlines the rights of the

displaced, as well as the legal obligations of States to protect them”(UNHCR, 2017a). The 1951

Convention defines a refugee as an individual who is “being persecuted for reasons of race,

religion, nationality, membership of a particular social group or political opinion, is outside the

country of his nationality and is unable or, owing to such fear” (UNHCR ,2017a; Asaf, 2017).
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Lastly, the 1951 Convention has a section where each State party has to provide

favorable treatment to any refugee regardless of origin, race, religion, and so on. The rights

guaranteed under this section include the right to education, ability to go to court, and a passport

form for a refugee to travel (Asaf, 2017).

Border Control in Middle East

In the Middle East there are three countries, Jordan, Lebanon, and Turkey, which are the

main countries that Syrian refugees inhabit. These countries hold the majority of Syrian refugees

being that they are relatively near Syria. Internationally these countries have been

acknowledging for their contributions and have been supported with many resources as a result.

The international community has asked them to continue to have open borders in order to help

those escaping tyranny in Syria (Margesson & Chesser, 2015).

When safety and security became an impending concern, Jordan tightens its external

border with Syria. Jordan in 2012 had already started preventing specific groups of people from

being allowed entry to Jordan. Men without families and individuals without formal background

documentation were barred entry. Borders control among Jordan and Lebanon have increased in

response to illegal refugee crossing over. Even Turkey has begun to create a wall to stop refugee

and immigrants from crossing the border illegally (Fiddian-Qasmiyeh, 2017).

Laws in the Middle East

There are limited laws in the Middle East regarding Syrian refugees. Since movement

between countries in the Middle East is usually unofficial, laws on entering and exiting are

usually only created in a time of crisis as a response.

Lebanon
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When the General Directorate of General Security had to react to the mass exodus of

Syrians new policies were created to combat the crisis. In Order No. 319 of 1962 regulating the

status of foreign nationals in Lebanon, Article 39 claims that if a refugee is to be expelled from

Lebanon, that efugee would not be sent back to the country they fled from in fear of danger. The

General Directorate of General Security outlines that no Syrian under the title “refugee” will be

allowed entry into Lebanon, unless certain circumstances are declared void of this decision by

the Ministry of Social Affairs (Saliba, 2016).

Jordan

Jordan does not have specific policies regarding Syrian refugees. Jordan does, however,

offer refuge to Syrians and other groups. Refugees in Jordan receive an education, food, and a

means to medical services. Jordan does not give the title of refugee to Syrians and does not give

them residency if they have the title given by the UNHCR (Saliba, 2016).

1934 Resettlement Law; Law No. 2510

Law No. 2510 was a Turkish law that lasted until 2006 and was the legal basis for

settlement for any form of immigrant into Turkey. The law did prevent the right for a lot of

people from being settled by adding a section that said a person must be of Turkish descent. In

2006 a new law was created that took out the section that called for a person to be of Turkish

descent (Ikiz, 2016).

EU

European states did not take lightly to terrorist attacks on Paris, Brussels, and Spain, with

fears of being the next potential target. Countries in the EU and the Schengen area are now

reflecting on their no border checks within Europe. This is leading European Countries to try and
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halt the acceptance of Syrian refugees into their nations with barred border controls. (Border

Controls, 2017)

Schengen Agreement of 1985

The Schengen area is a combined territory of 26 European states that have granted

individuals to move freely within these countries’ borders. This is made possible by eliminating

the passport, and other various forms of border control at their connecting estates. These are still

independent countries that only work together to have a seamless border system for easy travel

under a policy for a common visa. The EU and Schengen are not the same because the EU solves

the issue regarding political affairs but there are countries in both (Schengen Area, 2016). “In the

Schengen zone, currently six states have border controls in place: Austria, Denmark, France,

Germany, Norway and Sweden” (Morris, 2016). This is a result of terrorist attacks and the risk

of accepting fake Syrian refugees into their countries.

EU-Turkey Deal

A considerable number of European countries are now cracking down on their border

control in reaction to the increased influx of refugee following the crisis. Nonetheless, the EU

has a deal with Turkey to deport those who illegally cross over to Greece. The purpose of this is

to decrease the number of refugees entering Europe through Greece because the Aegean Sea was

used to transport members of ISIS that later on attacked Brussels and Paris under false Syrian

refugee documentation. Humanitarians now fear that this breaks the 1951 Conventions outline

that states the obligations to provide security for refugees (Dearden, 2016).

The EU hopes to prevent those seeking to resettle into Europe by means of being

smuggled through Greece. They plan on working with Turkey under their mutual agreement, and

“safely resettle one Syrian refugee from camps in Turkey for each irregular migrant returned to
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the country” (Dearden, 2016). The plan has been said to be a dark day in the EU, possibly

resulting in a shift in the European and international laws. The plan focuses on targeting Syrians

when this group makes up less than fifty percent of those entering Europe (Dearden, 2016).

Conclusion

The Syrian refugee crisis is not only a human rights issue but an issue of our humanity.

The arguments to not accept Syrian refugees are led by misinformation and irrational fear. Now

knowing that a large portion potion of Syrian refugees are children suffering from malnutrition,

lack of education, and abuse the U.S. and other countries have a obligation to fight this crisis.

The question of radicals entering the country as refugees has been answered with the evidence of

extreme vetting. Not only does the UN do a background check, but so does the United States.

The U.S. uses different departments and agencies to clear potential terrorist who may pose as

Syrian refugees. The U. S. also conducts an extensive background checks which may last two to

three years.

This form of vetting comes secondary after learning that the vast majority of Syrian

refugees are children and young women and men with no connection to the radicals, and want

nothing to due with them because radicals destroyed their way of life. The U.S. are the

policemen of the world, and must provide protection and must answer injustice with justice. If

the United States does not aid those in need of shelter and protection from tyranny and war, then

we should not be called police of the world, or the land of freedom and opportunity.
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