YALE

LAW SCHOOL STUDENT CHAPTER

To the Democratic Representatives who voted for H.R. 4038 and those in the U.S. Senate
who plan to vote for this bill:
We are writing to express our disappointment, shock and dismay that you support
H.R. 4038. If signed, this legislation would not just cause significant delays in
resettlement, but would paralyze the admission of all Syrian and Iraqi refugees to the
United States. This legislation comes at a time when Syrian and Iraqi refugees are fleeing
the very violence America condemns throughout the world.
Many of us, and many of you, are the children and grandchildren of refugees of
individuals who fled their country to seek shelter and safety in the United States. Indeed,
refugees seeking escape from religious persecution and violence founded our republic.
We believe that H.R. 4038 betrays our values as Americans. As progressives and future
lawyers, we are writing to you to ensure you understand the consequences of the
legislation and the message it sends to the world. We implore you to publicly
change your position.
The Facts
The language of H.R. 4038 is deceptive. The resolution would force each refugee
to wait while the Director of the Federal Bureau of Investigation certifies to the Secretary
of Homeland Security and the Director of National Intelligence that the refugee has been
investigated. However, refugees are already screened by several agencies, including the
FBIs Terrorist Screening Center and the Departments of State, Defense and Homeland
Security. The screenings in place already take years to complete and include interviews
and biometrics that are sufficiently rigorous to provide the necessary security
safeguards.
There are already significant delays in resettlement because of background checks
and processing for more than 58,000 Iraqi and 15,200 Syrian refugees with ties to the
U.S. military. As law students, many of us represent these individuals through the
International Refugee Assistance Project (IRAP) and have seen first-hand that
background checks and screenings already take years to complete. H.R. 4038, however,
would impose unnecessary bureaucracy and slow the screening process to a halt.
The Message

Voting for H.R. 4038, sends a message to the country and to the world about the
values of the United States: that this country discriminates against refugee families based
on their country of origin. Today we urge you to reject that message.
In the same way that the United States has previously limited the admission of
Chinese and Asian immigrants, H.R. 4038 targets refugees from only two predominantly
Muslim countries and would make it nearly impossible for these refugees to be resettled.
The bill recalls the 1930's environment that kept out Jewish refugees, despite
representatives' promises to learn from our country's history. In this way, H.R. 4038
offends both our most fundamental constitutional principle of equality and our
commitment to international law.
By voting for this destructive legislation, you have also broken a promise to the
Iraqi refugees who served as translators and staff for the U.S. military. These refugees
were told that our country would ensure their safety as a debt of gratitude for helping to
keep our service men and women abroad safe. We ask that you issue an apology to those
brave individuals who have worked alongside our service members, recognizing that the
United States should prioritize, not discriminate against, those fleeing persecution that
stems from their assistance of the U.S. military.
At this moment in history, America has the chance to prove that its commitments
to equality, justice, and liberty will triumph in face of adversity. For those among you
who voted for H.R. 4038, we ask that you publicly change your position. For those in the
Senate, we hope you have the courage to stand up for American values and announce
your opposition to this legislation with your vote and your voice.
Sincerely,
Members of the American Constitution Society at Yale Law School