A Continuing Crisis: The Refugee Situation in Jordan

2018 IRAP Berkeley Chapter and Jordan Trip Report

 Overview of IRAP and IRAP Berkeley
The International Refugee Assistance Project (IRAP) was founded in 2008 to assist the
resettlement cases of Iraqi interpreters under threat of death for their affiliation with
the U.S. military. It was the first organization in the United States to provide
comprehensive legal representation to individual refugees seeking resettlement. Since
its founding, IRAP has responded to the growing international refugee crisis by
expanding its services to refugee populations from 73 countries, including Afghanistan,
Syria, Sudan, and El Salvador.

IRAP’s clients are drawn from the world’s most vulnerable populations. They include
survivors of torture and sexual violence, children with medical emergencies, and
members of ethnic and religious minorities. IRAP has also engaged in litigation and
policy work on behalf of refugee populations, making its advocacy both zealous and
comprehensive. In total, IRAP has successfully resettled more than 3,800 individuals with
their families and has impacted the lives of more than 169,000 individuals through its
legal and policy work.

IRAP is a pro-bono organization that operates largely through its 30 law school
chapters—with our very own IRAP Berkeley being one of the largest and oldest chapters.
Each chapter is responsible for building case teams between students and attorneys,
providing training and supervision for case teams, and ensuring that clients are receiving
full legal representation. These efforts are supplemented by an annual student summit in
New York and trainings in the Middle East with IRAP’s Beirut and Amman offices. Such
trips are a unique personal and professional opportunity for students.

IRAP Berkeley’s success as a chapter owes to the incredible support we receive from
IRAP’s national office, the Berkeley Law administration, and our students members. The
chapter is composed of 40 students and 21 attorneys representing 18 cases. We
represent individuals and families residing in Iraq, Afghanistan, Lebanon, Jordan, and
Egypt, and for the first time in IRAP’s history, we now represent an individual from El
Salvador whose conditional parole was rescinded by the Trump Administration’s
revocation of the Central American Minors program. This expansion of IRAP’s
representation is evidence of both IRAP’s growing impact and the ever-increasing
urgency of the global refugee crisis and needs of displaced individuals all over the world.

IRAP Berkeley Report 2018 |1

Our students come to this work as former service members stationed overseas, family and
friends of refugees and immigrants, and members of a student body dedicated to public
service through the law. To prepare our students to engage meaningfully with and
advocate effectively for their clients, we lead several trainings throughout the academic
year. Through collaborations with local organizations, faculty professors, and supervising
attorneys, we have led trainings this year on topics ranging from: interviewing and
working with victims and survivors of trauma; mitigating vicarious trauma while engaging
in human rights work; working with supervising attorneys; and engaging in litigation in
response to our country’s changing immigration policies. We are grateful to all the
individuals who have made this professional development possible for our students.

Moving forward, IRAP Berkeley has much to look forward to. As IRAP continues to expand
the regions it works within, students will have increasing opportunities to represent
clients from all over the world. For the very first time, IRAP Berkeley will also have an
office in Berkeley Law, which will foster the safe and supportive community space that is
necessary to do this type of work in a healthy, sustainable, and confidential manner.

We are excited to see how IRAP Berkeley continues to grow through the support of our
donors, supervising attorneys, and partners.

IRAP Berkeley Report 2018 |2

 The Year in Review: Litigating the
The refugee crisis has been exacerbated by the current administration’s hostility
towards individuals from majority-Muslim countries. The onslaught of Executive Orders issued
by the government has changed the landscape of refugee processing and muddied the
interpretation of refugee law. As a result of delayed processing times and confusion in the law,
much of IRAP’s direct services work has been stalled. Consequently, the Executive Orders have
shifted IRAP’s means of helping refugees. IRAP has built a litigation team to combat the
discriminatory executive orders and has been engaged in cases that have worked their way up
to the Supreme Court.

January 27, 2017

Prior to the enactment of the January 27, 2017 Executive Order banning refugees from
seven predominantly Muslim countries, IRAP National received a leaked version of the draft
order and a flurry of action was taken to protect refugees who had previously been granted
refugee resettlement in the United States. IRAP began calling every client with a visa to get
them on a plane immediately, anticipated chaos at the airports, and put out a call for lawyers to
flock to airports to aid detained travelers.
The first iteration of the Executive Order banned visa holders from seven
majority-Muslim countries (Syria, Iraq, Yemen, Libya, Iran, Somalia, and Sudan) from entering
the United States for 90 days. The order also suspended refugee resettlement for 120 days,
indefinitely banned Syrian refugees from entering the country, reduced the annual refugee cap
from 110,000 to 50,000, and gave preference to processing religious minorities fleeing
persecution.
At the moment that the Executive Order was signed, two of IRAP’s clients - Hameed
Darweesh and Haider Al-Shawi - were in the air and landed at John F. Kennedy Airport just
hours after the order was signed. Darweesh and Al-Shawi were detained at the airport for the
night. Meanwhile, IRAP staff along with the ACLU, NILC and Yale Law School, worked to file a
habeas petition with a motion for class certification (for other similarly situated refugees) the
next morning. Darweesh v. Trump was the first case litigated by IRAP in relation to the
executive orders. Airports across the United States were soon inundated with protestors,
reporters, and an army of pro bono attorneys as immigration officers detained travelers from
the seven countries. As a result of these efforts and the pending case in the Eastern District of
New York, Hameed Darweesh was released at 12:30pm and Haider Al-Shawi was released at
6:30pm that day.

IRAP Berkeley Report 2018 |3

 the Refugee & Muslim Bans
Though Darweesh and Al-Shawi had already been released, the Eastern District of New
York refused to throw out the case for being moot and granted IRAP’s motion for class
certification. The court granted an emergency stay against the January 27th order - stating that
no one should be deported pursuant to the order. The case has since been settled, requiring the
government to contact all travelers who were turned away at the airports and provide them with
information on re-applying for a visa.
In a challenge to the full Executive Order, Washington v. Trump, the district court judge
issued a temporary restraining order that later became a permanent injunction. The government
appealed to the Ninth Circuit, which unanimously upheld the injunction. Consequently, the
government chose not to appeal to the U.S. Supreme Court and instead issued a second iteration
of the Executive Order on March 6, 2017.

March 6, 2017

In the second iteration of the travel ban, the administration attempted to remove the
more patently discriminatory measures of the initial ban to skirt judicial challenges. The March
6th Executive Order removed Iraq from the list of countries for the visa ban, lifted the indefinite
ban on Syrian refugee resettlement, and erased the preference for religious minorities. However,
the order retained: (1) the ban on visa holders from the remaining six countries for 90 days; (2)
suspension of refugee processing for 120 days; and (3) reduction in the refugee cap to 50,000.
Within a couple of weeks, two lawsuits were launched against the administration for the second
order.
IRAP was the named plaintiff in one of the suits, IRAP v. Trump. IRAP was not counsel on
the case but rather had organization standing along with other individuals and organizational
plaintiffs. It was argued that the second order violated the Establishment & Equal Protection
Clauses of the U.S. Constitution, and 8 U.S.C. 1152. In both Hawaii v. Trump and IRAP v. Trump,
the district courts blocked the visa ban and in Hawaii, both the refugee and visa ban, before they
took effect and the Ninth and Fourth Circuits, respectively, affirmed the lower courts’ decisions.
However, the United States Supreme Court narrowed the scope of the injunction to
individuals with a “bona fide relationship” to a U.S. person or entity. IRAP was also involved in the
fight over the definition of a “bona fide relationship.” The definition was litigated through Hawaii
and the Ninth Circuit, where the courts adopted the expanded definition of “bona fide
relationship,” which included extended family (such as grandparents and fiances) and assured
refugee cases. Eventually, after a full hearing on the case, the Supreme Court dismissed

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challenges to the second iteration of the ban for losing relevance after the 90-day travel ban
expired. After the ban expired, the government issued yet another Presidential Proclamation on
September 24, 2017.

September 24, 2017

In the third iteration of the ban, the government indefinitely banned travel for many
nationals of six majority-Muslim countries - five of which were targeted by the previous ban,
with Chad replacing Sudan - in addition to Venezuela and North Korea. Refugees were not
impacted by this Proclamation (another executive order regarding refugees followed the next
month). Challenges to the Proclamation in Hawaii v. Trump and IRAP v. Trump were successful
only for nationals from the majority-Muslim countries but were limited to those with “bona fide
relationships.” Unfortunately, the Supreme Court stayed the ban while legal challenges took
place.

October 24, 2017

In the most recent iteration of the travel ban, issued on October 24, 2017, the
government suspended processing and admissions of refugees from nine Muslim-majority
countries (Egypt, Iran, Iraq, Libya, Mali, Somalia, Sudan, Syria, and Yemen) in addition to North
Korea and South Sudan, for at least 90 days while the government reviewed vetting procedures.
The memo indicated that the government intended to implement new data-gathering and
security check procedures, likely to introduce significant delays in processing. Additionally, the
order indefinitely suspended processing and admissions of family members entering through
the follow-to-join process (reunification for spouses and unmarried children under the age of
21), while agencies put in place additional security procedures.
In response, several suits were launched against the government and all the involved
district courts blocked the order’s implementation with respect to the follow-to-join
beneficiaries and refugees with a “bona fide relationship” to a person or entity in the United
States. Appeals are pending at the circuit court level, but the government is now claiming that
all claims are moot and that the cases should be dismissed.

Current State of the Law

On February 15, 2018, the Fourth Circuit issued a decision in IRAP v. Trump, affirming the
Maryland district court’s injunction of the September 24th Proclamation, but the U.S. Supreme
Court’s earlier decision to stay the lower courts’ injunctions holds. The Supreme Court is
expected to hear Hawaii v. Trump, another case challenging the September 24th Proclamation,
in April 2018.
As a result of the various travel bans, refugee admissions proceeds at a trickle as the law
remains confusing to admissions officers, attorneys, and their clients. Plaintiffs are fighting to
keep the challenges in court to combat the discriminatory measures taken by the government,
and IRAP continues to fight for its clients through class action suits and direct services.

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IRAP Berkeley Report 2018 |6
 IRAP Berkeley: Policy Report
We are in the midst of the most severe refugee crisis since World War II.
Despite this, the first year of the Trump Administration has given rise to
unrelenting, unprecedented, and racially-motivated attacks on America’s long
tradition of refugee admission and resettlement policies. While new White House
executive actions such as the travel bans and restricting the cap on annual refugee
admissions to pre-1980 levels may be temporary, they continue to challenge our
chapter’s ability to move our clients’ cases forward. This grim reality, and future
threats such as the elimination of the Diversity Visa Program and new iterations of
the travel ban, have made our policy work an increasingly important part of the
chapter’s activities.
In the past year, our IRAP Chapter has held trainings and issued guidance
and best practices on Congressional advocacy since many of our cases are
currently in administrative processing. We have also done direct outreach to
elected officials to support more humane and welcoming refugee policies. In
spring 2017, our chapter sent a letter signed by our Members and many Berkeley
Law students to the House and Senate Judiciary Committees opposing proposed
legislation and supporting broader refugee resettlement. We also weighed in on a
public comment process by the Chamber of Commerce to support robust U.S.
refugee programs. This spring, we are coordinating with other California IRAP
chapters on an op-ed that will highlight the human side of the crisis by featuring
clients who have been waiting as long as ten years to be resettled. We are also
working on centralizing a contact list for congressional offices, as well as creating a
database of all past official correspondence so that future case teams will be able
to benefit from past work.

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 Chancellor’s Award for Public Service
In Spring 2017, IRAP Berkeley was honored to be awarded the Chancellor’s Award for
Public Service for civic engagement. This campus-wide award is awarded to one group
among all Berkeley schools and departments. Several members attended the ceremony,
which also honored several amazing student leaders from across Berkeley’s campuses.
Former Chapter Director Natalie Schultheis accepted the award on behalf of the group
and highlighted the importance of standing up for some of the most-marginalized
populations at a time when the rights of all are under threat by hostile governments both
at home and abroad.

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 Partnerships
This past year saw a sharp increase in IRAP Berkeley’s collaboration with other
groups, both on campus and in the wider community. We hope to continue
this trend in the future as we seek new avenues for advocacy.

Partnership with the International

Rescue Committee

As one of the nearly 30 IRC resettlement

offices, the IRC in Northern California
historically resettles over 1,200 refugees a
year, including those fro Afghanistan, Iraq,
Burma (Myanmar), Iran, Syria, Sudan, and
the Democratic Republic of Congo. Upon
arrival, refugees are given a small amount
of cash aid and other benefits to help with
their adjustment to the United States. But
given the especially high cost of living in
the Bay Area, these funds do not go far
once first month’s rent is due. In order to
help defray some of these costs, IRAP
Berkeley held a fundraiser to help provide
basic home goods for a recently arrived
family. We raised over $1,700 through an
IRAP bake sale and community
donations. With these funds, we completely furnished the home of an Afghan couple
expecting a newborn in the next few months and used the remaining funds to partner
with the San Ramon Valley Islamic Center to provide furnishings for a newly-arrived
Burmese family of four. Over a dozen students met up to purchase items and help
assemble furniture. The experience allowed students the opportunity to see the end goal
of the often protracted and difficult refugee application process and welcome some new
neighbors to the Bay.

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 Partnership with the Student Immigration Relief Clinic

This past fall, IRAP Berkeley was asked to present to Berkeley’s undergraduates
on our work and how undergraduates can work to help immigrant communities.
The Student Immigration Relief Clinic works to help undocumented students
and community members in a student-led legal clinic. Along with the ACLU of
Northern California’s director, Antonio Medrano, IRAP Berkeley presented on
refugee and immigrant rights in the United States and the ever-shifting policies
in the current administration to over fifty undergraduates.

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2018 IRAP Amman Program
Sunday, January 7, 2018:
• Historical overview of refugee populations in Jordan.
• Legal training on the international law governing refugees and the process of
resettlement.
• Training on conducting refugee intakes with vulnerable populations.

Monday, January 8, 2018:

• Meeting with Jesuit Refugee Services (JRS): Presentation on work done on the
ground in Jordan by the JRS.
• Panel: The State of Refugee Resettlement. Included representatives from the head
of resettlement at the UNHCR in Jordan, a refugee resettlement coordinator from
the UK Embassy, and a refugee resettlement coordinator from the U.S. Embassy.
Tuesday, January 9, 2018:
• Meeting at the Collateral Repair Project (CRP): Presentation by the director
and an Iraqi refugee on community work and vocational training provided
by CRP in Jordan.
• Panel: The Syrian Refugee Crisis in Jordan.
• Panel debrief and preparation for intake interviews.
Wednesday, January 10, 2018:
• Intakes: Conducting interviews of potential IRAP clients.
• JRS Roundtable Discussions.
Thursday, January 11, 2018:
• Intake interviews.
• JRS Roundtable Discussions.

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Participants This year, Berkeley Law sent three student delegates
to IRAP’s Amman program through the generosity of
Berkeley Law’s administration and the fundraising
efforts of past leadership.

Andi Maddox J.D. 2019

Andi is a 2L, focusing her studies in public
international law. With IRAP, she worked
on a humanitarian parole case for an Iraqi Sanaz Payandeh J.D. 2019
family of four that spanned her first and
second years of law school. Sanaz is a 2L and IRAP’s Legal Intake
Director at Berkeley Law. She conducts
intakes and serves as a resource for other
intake volunteers. Sanaz grew up in Iran
Chiraz Zribi L.L.M. 2018 and the U.S. Her legal interests include
international human rights and
Chiraz Zribi is an LL.M. student who grew up humanitarian law.
in North Africa and studied in France. Upon
her arrival at Berkeley Law, she joined the intake
team of IRAP working largely with clients from
the MENA region.

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 Refugees in Jordan by the Numbers
Syrians make up the majority of refugees living in Jordan. As of February 2018, over 5
million Syrian refugees are registered with UNHCR, 660,000 of which reside in Jordan.
By contrast, Egypt hosts only 130,000 and Iraq 250,000. Lebanon on the other hand
welcomed 1,000,000 Syrians while Turkey welcomed 3,400,000.

World’s
2nd highest

93% refugee-hosting
country per
capita
Syrian refugees live
below the poverty line in
in urban areas
1 : 10 Jordan
is a
refugee

Up to 50% of
Syrian refugees
are children
81%
of Syrian refugees
live outside of
refugee camps
IRAP Berkeley Report 2018 | 13
 The Refugee Situation in Jordan
Welcome to Jordan: A Nation of Refugees
Jordan, officially the Hashemite
Kingdom of Jordan, benefits from a central
location in the Middle East, bordered by
Iraq, Saudi Arabia, Syria, Israel, and
Palestine. Jordan’s population in 2018 is
estimated at over 10 million, making it the
89th most populated nation in the world.1
Over 97% of Jordanians are Muslim
(predominantly Sunni), with 35% of the
population under the age of 15 and 69%
between the age of 15 and 64.2
Despite its efforts to address the
increased flow of Syrian and other refugees,
Jordan is politically and economically
vulnerable due to its resource
impoverishment. In particular, it is the most
water-starved country in the world.3
Furthermore, Jordan’s lack of internal
revenue and extreme population growth has
weakened its financial stability. Indeed, the
country grapples with a high and rising
public debt (95% of its GDP) and a 16%
unemployment rate, with a youth
unemployment rate of 25%.4
Jordan has one of the lowest tax
collection rates in the region, as 95% of
the population is not subject to income
tax. Consequently, Jordan’s poverty rate
increased from 14% in 2010 to 25% in
2018.5
Jordan comes in second, after
Lebanon, as the country that hosts the
largest number of refugees relative to the
size of its population.6 Given its location
near many refugee-producing countries
and relative economic stability when
compared to surrounding nations, Jordan
has been the refuge for individuals fleeing
their countries since the mid-twentieth
century–beginning with two waves of
Palestinian refugees in 1948 and 1967 and
continuing until the current Syrian
refugee crisis.7
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Jordan is not party to the 1951 Convention
Relating to the Status of Refugees, and has
enacted little domestic legislation to
address refugee concerns.8 To make
matters more complicated, refugees are
not recognized under Jordan’s domestic
law, which further exacerbates their
precarious situation. The presence of the
United Nations High Commissioner for
Refugees (UNHCR) and other NGOs
assisting refugees in Jordan is only
possible due to the Memorandum of
Understanding (MoU) signed between
Jordan and UNHCR in 1998.9
In the absence of any international
or national legal refugee instruments in
force in Jordan, the MoU allows UNHCR to
act within its mandate in order to provide
international protection for refugees and
asylum seekers.10 What results is an
uncertain legal status for refugees, as the
MOU allows mandate refugees to stay in
Jordan for a maximum of six months after
their refugee status is recognized.11 This
maximum stay requirement is
problematic, as it has driven UNHCR to
delay refugee recognition for years and
sometimes even decades. Because UNHCR
is aware that it would be unable to find a
durable solution within six months if it
were to officially recognize all refugees in
the country, it delays such recognition.
However, this delay has real impacts on
refugee populations who may have trouble
accessing services and benefits if they are
not officially provided with refugee
identification. Refugees are thus left in
limbo. The Jordanian government
provides many free or subsidized services
to refugees, including food, cooking fuel,
water, and electricity, however, it is under
no legal obligation to do so, which leaves
refugees in a constant state of fear of
shifting policies.
Two large refugee camps, Zaatari
(pictured above) and Azraq, were built in
response to the most recent refugee
crisis.12 However, most refugees in Jordan
live outside of formal camps and among
the local population in Amman.13 As a
result, these refugees are depleting their
savings in order to support themselves as
they are unable to legally work. IRAP
Berkeley sent students to Amman in order
to understand these unique conditions
refugees live under and to understand
their unique needs.
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 The Differing Situations of Refugee Populations in Jordan
Most refugees in Jordan are Iraqi and
Syrian refugees.14 Yet more recently, Jordan
has seen a wave of refugees travelling to
Amman from Yemen and Africa, particularly
from Sudan and Somalia.15
Refugees from Iraq:
Jordan started receiving its first wave
of Iraqi refugees during the first Gulf War
in the 1990s, with the second wave
beginning after the second Gulf War in
2003. While the Jordanian government and
population are for the most part accepting
of Iraqi refugees, the Iraqi refugee
population still faces many struggles in
Amman. A common theme that arose
during our team’s intakes was the
discrimination Shiite Iraqis face on a daily
basis. During one intake, we were told by a
Shiite Iraqi man who had married a Sunni
Jordanian woman that his wife’s family did
not accept him, and they would constantly
take his wife and children away from him.
Furthermore, he is unable to work in
Amman and provide for his family because
he does not have legal status in the country
despite having lived there for more than a
decade. Another group of Iraqi refugees
voiced their frustration with the UN
system and the Jordanian government to
our team. Many Iraqis feel that the
Jordanian government and UNHCR are
providing Syrian refugees with “special
treatment” and ignoring the needs of the
Iraqi population. The legal parameters of
this dichotomy are noted later in this
report.
Refugees from Syria:
Syrian refugees began arriving in
Jordan in 2011 after unrest erupted in
Syria. By the time Syrian refugees started
arriving in Jordan, the country was already
saturated with refugees. While the
Jordanian population remains accepting of
refugees, there is a sense of concern
among refugees with the permanence of
this acceptance. With the first influx of
Syrian refugees, Jordan and UNHCR began
preparing Zaatari camp, which many have
likened to a prison. Zaatari camp has
grown into one of the most densely
concentrated population centers and is
now the fourth largest “city” in Jordan.16
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Refugees from Africa:
Recently, there has been a large wave
of refugees from Africa, largely from Sudan
and Somalia. These populations constitute
some of the most vulnerable refugee
populations in Jordan. While interviewing
individuals from these countries, we were
told of the racism they encounter every day
because of the color of their skin.
Domestic Legal Response
Legal status in Jordan:
Jordan has not signed the 1951
Refugee Convention nor the 1967 Protocol
and is therefore under no obligation to
continue admitting refugees.17 Therefore, it
has considerable flexibility in its domestic
treatment of refugee populations.18 A report
from the Carnegie Endowment explains:
“Despite hosting one of the largest refugee
populations in the world, the Jordanian
government has a remarkably
under-articulated refugee policy.”19 In order
to access services provided outside of
camps, refugees have to obtain a UNHCR
asylum-seeker certificate and an
identification card from the Ministry of the
Interior.20 While Syrians may remain in
Jordan without officially registering with the
Jordanian government, a residence permit is
compulsory for Iraqis.21 This is in line with
many refugee policies that prescribe
differential treatment for Syrians.22
Non-Syrian refugees have limited
access to UNHCR assistance and receive less
access to governmental services.23 The
majority of Iraqi refugees have not received
formal status in the country—due to
prohibitive costs—and are therefore treated
as “guests” with the implicit understanding
that their stay is temporary.24 Jordan may
be deliberately choosing to not provide
refugees with “refugee” legal status, as this
would result in increased obligations.
“Despite hosting one of the
largest refugee populations in
the world, the Jordanian
government has a remarkably
under-articulated refugee
policy.”
Employment:
We repeatedly heard frustrations
from refugees and service organizations
about the difficulty of obtaining legal
employment in Jordan. The Jordanian
government has not adopted a strategy
that focuses on local integration of
refugees.25 The government provides work
permits to Syrian refugees, but these are
unobtainable for many, as they require
paying hundreds of dollars and securing
an employer to sponsor them.26 These
permits are only available for jobs in
certain industries—such as agriculture and
service—and they are only available to
Syrians, which leaves other refugee
communities without an avenue for legal
employment.27 Further, the permits do not
apply to many of the jobs requiring
education or certification, such as
teaching and engineering.28 We met many
highly trained refugees unable to find
employment in their fields. Those who are
caught working without permits face
being arrested and sent back to refugee
camps, which is not an empty threat-over
16,000 Syrians have suffered this
consequence.29
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However, this threat has not stopped an
employment black market from thriving. It
is estimated that over 160,000 Syrians are
employed in the informal job sector,
primarily in the agriculture,construction,
and service industries.30 Undoubtedly,
there are thousands more refugees from
other countries who are working in the
black market, as the only way for
non-Syrians to obtain legal working status
is through acquisition of a residency
permit. The refugee influx, and lack of
available legal employment, has also led to
widespread wage suppression,
deterioration of working standards, and an
increase in child labor—hitting vulnerable
populations the hardest.31 This has harmed
not only refugees but Jordanians as well.
The permit policy was put in place largely
to protect Jordanian jobs; the
unemployment rate was nearly 16% in
2017.32 But the black market, in
combination with a general economic
slowdown, has the unfortunate effect of
driving many Jordanians out of their jobs.33
Education:
The refugees we spoke with also
frequently expressed concern about the
lack of public education for their children.
Somewhere between one half to one third
of all incoming Syrian refugees were
under the age of 18.34 Of this population,
over one third did not receive a formal
education in 2015.35 Of the Iraqi refugee
population registered with UNHCR,
almost 30% is under age 18.36 There are
many barriers to education for refugee
children. For one, there are registration
policies that require school-aged
children to obtain identification cards.37
And although Jordan has made school
free to refugee children, many families
still cannot afford related costs such as
transportation and supplies.38
Discouragingly, we heard from multiple
sources that refugee children are often
bullied and discriminated against in
school, even sometimes by teachers.39 In
order to deal with the influx of
school-aged children, many schools have
resorted to “double shifting,” teaching
separate classes in the morning and the
afternoon in order to accommodate
more students.40 Educational resources
were strained even before the refugee
crisis and the national system has
struggled to expand.41 NGOs have done
what they can to fill the gap, such as
offering English and vocational courses.
We visited two such NGOs on our visit:
Jesuit Refugee Services and Collateral
Repair Project.
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 The Limitations of an International Response
UNHCR’s Limited Capacity: the process and months of suspensions,
in both the U.S. and UNHCR systems.43 It
As mentioned earlier in this report, has also caused widespread uncertainty,
UNHCR works in Jordan under a regarding how bureaucratic decisions
Memorandum of Understanding, but it is break down in detail and about the future
not a binding legal document and fails to of certain programs and access points.
offer refugees a sense of stability. Fewer resettlement spots in the U.S. have
From our conversations in Amman, affected the entire international
it seems that the UNHCR is unable to resettlement system.
effectively respond to the massive refugee
crisis happening in Jordan due to a lack of Dependency on Foreign Aid:
resources. Refugees often complained
about inadequate communication and lack Jordan is very reliant on foreign aid
of assistance. The to support both
idea of UNHCR its refugee
“protection” is populations and
open to criticism its economy at
as it often does large. Foreign aid
not extend beyond covered nearly
reporting. There 10% of the
are no physical country’s 2016
protection projected overall
measures. Often spending.44 As
the UNHCR simply another point of
recommends that reference,
refugees go to the Jordan’s annual
police, which can be problematic, given budget for the humanitarian response to
that many refugees are not properly the Syrian crisis alone is 3% of its total
registered with the government. One NGO GDP.45 Historically, the country has
staff member suggested the system could leveraged humanitarian aid money as a
be improved if UNHCR had less of a way to advance national development.46
“monopoly” over refugee aid and However, international funding has
resettlement decisions, and instead gradually slowed, causing significant
allowed NGOs a greater role in the problems: “First, [refugees] have
resettlement process. experienced a tangible restriction of
services. Second, the Jordanian
The Impact of U.S. Resettlement Policy: government has become increasingly
critical of the international community’s
Further, recent U.S. policy changes willingness and ability to help it provide
have caused a harmful ripple effect for [refugees], sparking a restriction in
throughout the entire resettlement Jordanian protection space.”47
system.42 There are backlogs throughout

IRAP Berkeley Report 2018 |19

 Reflections from the Field
The last two days of our trip were spent doing in-person intakes with refugees, to
help determine whether IRAP could take on their case. Interviews were done by a pair of
students and an interpreter.. Two of the interpreters were IRAP caseworkers, and two
were outside professional translators. We were given a long form of questions to go
through, which was tailored to each interviewee’s background and situation. Prior to
undertaking the interviews, we received a training from IRAP.
Working with the interpreters was both incredibly helpful and challenging. In
addition to providing obvious translation assistance, they were able to explain to us
cultural nuances and to highlight important statements we may have missed. The
interpreters also helped to point out potential credibility issues by emphasizing areas of
the interview we should follow up on. Despite our appreciation for the interpreters, it
was frustrating to feel a degree of separation from the clients in our interviews.
Inevitably, details and subtleties are lost through language barriers. Further, there is
always a risk of accidental mistranslation or misunderstanding.
All in all, we all feel very fortunate to have had this experience with IRAP in
Jordan. The programming was effective in exposing us to the refugee crisis from many
different angles. We heard from governmental agencies and grassroots nonprofits, as
well as refugees in formal and informal settings. We left with an appreciation for the
complexity of the refugee crisis and the many actors involved.
However, we were all most impacted by our intake experience–sitting across a
table from refugees and hearing their stories. This experience was incredibly moving
even for those of us who have experience with remote intake interviews. The strength
and resilience of the people we met was astounding and we are honored to bring
awareness to the refugee crisis on their behalf.

IRAP Berkeley Report 2018 | 20

How You Can Help
As we have sought to demonstrate throughout this report, the situation for refugees
in Jordan may be heartbreaking, and it may be desperate, but it is not hopeless. All of
the organizations mentioned here, and many more, work tirelessly to support the
millions of men, women, and children seeking refuge from violence, persecution, and
poverty. We encourage readers to get involved in any way they can: by educating
themselves on the situation of refugees in Jordan and beyond, or advocating for their
rights and protection here in the United States. Please consider donating your time,
your money, and your service to their cause.

International Refugee Assistance Project

http://www.refugeerights.org

Makani
https://www.unicef.org/jordan/overview_10143.html

Justice Center for Legal Aid

http://www.jcla-org.com/en

Arab Renaissance for Democracy & Development

http://ardd-jo.org/

International Organisation for Migration

http://www.iom.int/

Center for Victims of Torture

http://www.cvt.org/

Jesuit and Refugee Services

http://www.jrsmena.org/

International Rescue Committee

https://www.rescue.org/

Collateral Repair Project

https://www.collateralrepairproject.org/

Educate. Advocate. Donate.

IRAP Berkeley Report 2018 | 21
Endnotes
1. Central Intelligence Agency, The World Factbook: Jordan,
https://www.cia.gov/library/publications/the-world-factbook/geos/jo.html
2. Id.
3. Id.
4. Id.
5. Id.
6. UNHCR, Poorer countries host most of the forcibly displaced, report shows http://www.unhcr.org/
en-us/news/latest/2017/2/58b001ab4/poorer-countries-host-forcibly-displaced-report-shows.html.
7. Migration Policy Institute, Jordan: A Refugee Haven, https://www.migrationpolicy.org/article/jordan-refugee-haven
8. Library of Congress, Refugee Law and Policy: Jordan,https://www.loc.gov/law/help/refugee-law/jordan.php.
9. CARIM-South, Memorandum of Understanding between the Government of Jordan and UNHCR (5 April 1998),
http://carim-south.eu/databases/legal/Jordan/Bilateral%20Agreements/LE2JOR002_AREN.pdf.
10. Id.
11. Id.
12. International Refugee Committee, Beyond refugee camps: Jordan, available at: https://www.rescue.org/country/jordan.
13. Id.
14. Jordan INGO Forum, Syrian refugees in Jordan: A protection overview - January 2018, available at:
https://reliefweb.int/report/jordan/syrian-refugees-jordan-protection-overview-january-2018
15. Id.
16. Oxfam International, Life in Za’atari refugee camp, Jordan’s fourth biggest city, available at
https://www.oxfam.org/en/crisis-syria/life-zaatari-refugee-camp-jordans-fourth-biggest-city.
17. Alexandra Francis, Jordan’s Refugee Crisis, Carnegie Endowment For International Peace (Sept. 2015) at 6,
http://carnegieendowment.org/2015/09/21/jordan-s-refugee-crisis-pub-61338 [hereinafter Francis].
18. Id.
19. Id. at 6.
20. Id. at 23.
21. Geraldine Chatelard, Iraqi and Syrian Refugees in Jordan Adjusting to Displacement: Comparing their Expectations towards UNHCR
and their Capacities to use their Educational Assets,http://blogs.lse.ac.uk/mec/
2016/09/22/iraqi-and-syrian-refugees-in-jordan-adjusting-to-displacement-comparing-their-expectations-towards-unhcr-and-
their-capacities-to-use-their-educational-assets/ [hereinafter Chatelard].
22. Mennonite Central Committee, On the Basis of Nationality: Access to Assistance for Iraqi and Other Asylum-Seekers and Refugees in
Jordan, https://reliefweb.int/report/jordan/basis-nationality-access
-assistance-iraqi-and-other-asylum-seekers-and-refugees-jordan [hereianfter MCC report].
23. Id.
24. Samia Qumri, Iraqi Refugee Children’s Quest for Education in Jordan, Peace Review, Vol. 24, No. 2 at 197 (June 2012).
25. Chatelard.
26. Human Rights Watch, “We’re Afraid for their Future” Barriers to Education for Syrian Refugee Children in Jordan (Aug. 2016) at 62,
https://www.hrw.org/report/2016/08/16/were-afraid-their-future/barriers-education-syrian-refugee-children-jordan
[hereinafter HRW].
27. JRS Visit; MCC Report.
28. JRS Visit.
29. HRW at 4.
30. Francis at 12.
31. Id.
32. Sarah Elizabeth Williams, Jordan looks to turn refugee crisis into economic boon, IRIN (Mar. 2017),
https://www.irinnews.org/feature/2017/03/21/jordan-looks-turn-refugee-crisis-economic-boon.
33. Id.
34. Francis at 8; HRW at 1.
35. HRW at 1.
36. Qumri at 197.
37. HRW at 2.
38. Id. at 67.
39. Qumri at 198.
40. HRW at 24.
41. Id. at 19–20.
42. IRAP National Training.
43. Id.
44. Kirk H. Sowell, Jordan is Sliding Towards Insolvency, Carnegie Endowment for International Peace (Mar. 2016) at 2,
http://carnegieendowment.org/sada/63061.
45. Francis at 14.
46. Id. at 1.
47. Id. at 25.

IRAP Berkeley Report 2018 | 22

 Litigating the Muslim Ban
Sources:

International Refugee Assistance Project, The Muslim Ban(s)–An Explainer, available at

https://refugeerights.org/the-muslim-bans-an-explainer/.

International Refugee Assistance Project, Know Your Rights, available at

https://refugeerights.org/know-your-rights/.

American Immigration Lawyers Association, Executive Actions on Travel Bans, available at

http://www.aila.org/advo-media/issues/all/immigration-2017-a-new-president-and-congress/exec
utive-actions-on-the-muslim-and-refugee-bans.

Refugees in Jordan by the Numbers

Sources:

UNCHR, Jordan Factsheet (June 2017), availble at

https://reliefweb.int/sites/reliefweb.int/files/resources/Jordan%20Fact%20Sheet%20June%202017-
%20FINAL.pdf.

Jordan INGO Forum, Syrian refugees in Jordan: A protection overview (Jan. 2018), available at
https://reliefweb.int/sites/reliefweb.int/files/resources/JIF-ProtectionBrief-2017-Final.pdf.

Save the Children, What We Do, available at https://jordan.savethechildren.net/what-we-do.

Photo & Graphic Credits

Cover image: International Catholic MIgration Commission; “A 5 years old boy who lives in Mafraq, Jordan,
with his parents, both Syrian refugees.”
Page 2: Berkeley Law Pro Bono Program
Page 3-4: Victoria Pickering
Page 6: UNHCR
Page 7: NASA HQ
Page 8: IRAP Berkeley
Page 9: IRAP Berkeley
Page 10: UC Berkeley Student Immigration Relief Clinic
Page 11: Trocaire
Page 12: IRAP Berkeley
Page 15: United Nations Photo
Page 16: IRAP Berkeley
Page 18: United Nations Photo
Page 19: Foreign and Commonwealth Office
Page 20: IRAP Berkeley
Back image: UNHCR Photo Unit, A young mother crosses the border from Syria and becomes a refugee. She
carries her one-month-old son, Hamid. “Since he was born there has been non-stop bombing every day.”

IRAP Berkeley Report 2018| 24

 Special Thanks to:
Katerina Linos, Jean Kuntze, Maroun Mourad, Ann Nguyen, Char Dison, Jan O’Brien,
Good Shepherd Episcopal Church, Laura Altieri, Meg Snowden, Eugenia Turc, Adrian
Kinsella, Mark Pearl, Monica Lee, Katharine Celentano, Rebecca Chang, Joseph Tu, &
Simone Friedlander whose generous donation to the SLPS program at Berkeley Law provided
substantial funding for the students' trip to Jordan.

The Berkeley Law Pro Bono Program (Professor David Oppenheimer, Sue Schechter, Diana
DiGennaro, Emily Best, Deborah Schlosberg, and Kathi Pugh) for their continual advice and
support. IRAP Berkeley is only able to serve our clients because of this assistance.

— IRAP Berkeley Board, 2017-2018

Mary Dahdouh, Sarah Hunter Sarah Mirza, Wogai Mohmand, &

& Sabrina Benyammi Michelle Park
Chapter Directors  Events & Development Directors

Trevor Kosmo & Sara Birkenthal Michael Youhana & Jean Fundakowski
Legal Director Policy Directors
   
Sanaz Payandeh Karl Lindemann
Intake Director Firm Liaison

Melissa Freeling
Treasurer

Report written by: Andi Maddox, Sanaz Payandeh, Chiraz Zribi, Jean Fundakowski,
Sabrina Benyammi, Mary Dahdouh, & Sarah Hunter

IRAP Berkeley Report 2018 |25

“A nation without a To run or to fight.
home, They decided to leave to other countries,
broken, standing before far from a war that has taken
injustices; away everything, even
Torture, hunger, cold, emotions.
fear and despair. But they left their homes to face another
kind of war.
Yes, it’s the war of survival, war
of struggle, a war of existence.”

-Excerpt from
Refugee of Hope,
written by
Khawadah,
a Syrian
refugee