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Ombudsman clarifies role in refugee protection process
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Posted on Mar 06 2006
Federal Ombudsman Jim Benedetto said office has no investigative or enforcement authority in the refugee protection process as the U.S. Congress created the Federal Ombudsman’s office primarily to respond to alien workers’ concerns.
He said his office screens alien workers’ complaints and provides referral to an appropriate local or federal enforcement agency.
“The office has no investigative or enforcement authority, so we are specifically limited to providing appropriate referral,” he said.
The Ombudsman added that when a person comes to his office to ask how to seek refugee protection, every effort is made to have the person speak directly with the Ombudsman.
However, the person is advised that the Ombudsman’s Office does not provide assistance to applicants for refugee protection, and is advised to find a lawyer, said Benedetto.
He said it is critical for an applicant to have the assistance of a professional who is familiar with the law and the regulations to help them present their case. Upon request, the Ombudsman could provide interpreting services in the preliminary stages of the process to a lawyer who is representing an applicant pro bono, or to the Attorney General’s Office, as its other duties allow.
“The person is also advised that he or she may apply for refugee protection directly by going to the Attorney General’s Office and speaking with one of its Immigration attorneys,” Benedetto said.
The assistant attorneys general assigned to the refugee protection program, he added, are highly competent, conscientious and fair because they have received extensive training from U.S. Citizenship and Immigration Services since the inception of the program nearly two years ago, pursuant to an agreement between the CNMI government and various federal agencies.
Benedetto said his office would instruct the person that it might not be advisable to discuss their claim for refugee status with any person other than a lawyer or the AGO. He added that confidentiality is very important, “since publicity about a person’s refugee status could provide a basis for future persecution if they are ultimately returned to their country of origin.”
