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ASYLUM REQUESTS

References
Maritime Law Enforcement Manual,
COMDTINST M16247.1
Boarding Officer / Boarding Team Member
PQS, COMDTINST M16247.3
BO / BTM PQS Answer Book,
COMDTINST M16247.7
Maritime Counter Drug and Alien Migration
Interdiction Manual, COMDTINST 16247.4
(NWP 3-07.4).

Objectives
Explain the definition of Asylum
State the procedures that are followed
after receiving an asylum request
State the actions that are taken to
protect an asylum seeker

Asylum as Defined by the U.S.


Protection provided to a foreign national,
Who applies for such protection,
Based on a well founded fear of
persecution on account of:

Race
Religion
Nationality
Social Group
Political Opinion

Alien Migrant Interdiction


Operations (AMIO)
In general, migrants do not meet the
criteria for asylum seekers, but may
make asylum requests during interdiction
Asylum requests from migrants should
be noted and forwarded to OPCON

Depending on the circumstances, INS


agents may conduct pre-screenings at sea
to determine the status of migrants
requesting asylum

Upon Receipt of Asylum Request


Provide appropriate protection
Contact OPCON and be prepared to
give any or all of the following info:

Name & Nationality


Date & Place of Birth
Occupation
Description of any documentation
Foreign authorities aware of request?
Circumstances surrounding request

Upon Receipt of Asylum Request

Contact OPCON continued


Exact location (ETA & NPOC)
Reason for claim
Any criminal charges, known or alleged?
Any Communist Party affiliation?
Any other party or government office held
now or previously?

Do not delay initial report in order to


develop all of the required information.

NEWS MEDIA

U.S. agencies will


not issue press
releases.
Acknowledgement
may be made that a
request has been
made and is being
considered.
Notify State Dept.

Protection of Asylum Seeker

On a U.S. Vessel
Safe protective custody will be provided.
Minimum force necessary to protect
asylum seeker from forced repatriation is
authorized.
The only exception is while in foreign
territory

Protection of Asylum Seeker

On a U.S. Vessel in Foreign Territory


Immediate temporary refuge for
humanitarian reasons may be granted in
extreme or exceptional circumstances,
such as pursuit by mob.
Level of force utilized is at the discretion of
the senior officer present.

Protection of Asylum Seeker

Foreign Vessel on the High Seas


Only that protection authorized under
COMDTs Use of Force policy as it pertains
to self defense may be used.
OR any actions authorized under a SNO

Protection of Asylum Seeker

On a Foreign Vessel in U.S. Territory


Safe protective custody will be provided.
Minimum force necessary to protect
asylum seeker from forced repatriation is
authorized.

Protection of Asylum Seeker

In essence, an asylum seeker on a


vessel where USCG has jurisdiction will
be protected from forced repatriation.

Scenarios

What action should be taken in the


following cases?
First Mate of a foreign freighter 30 miles west
of Charleston requests asylum.
Crewman on a foreign fishing vessel at
anchor 1 mile off Ft Myers Beach requests
asylum.
The Chief Engineer from a foreign freighter
125 miles south of Puerto Rico jumps
overboard and is rescued by CGC Attu. He
then requests asylum.

Scenario

What action should be taken in the


following cases?

While docked in Santo Domingo,


Dominican Republic a man being chased
by a mob runs up the brow and claims to
be the loser in the last presidential election
and requests asylum.

SUMMARY
Definition of Asylum
Procedures to following after receiving
an asylum request
Level of protection provided for asylum
seekers
Procedures for asylum requests during
AMIO