THE ROLE OF NON-GOVERNMENTAL ORGANIZATIONS (NGOS) IN
HANDLING ASYLUM SEEKERS IN UNITED STATES
Introduction
The local government provides assistance to these refugees with temporary assistance,
Because local governments do not have the authority to handle refugees who come and
occupy their territories. The assistance provided is a form of humanity, not policy and
authority. Likewise with the central government, the government does not have the obligation
and authority to provide full assistance to asylum seekers on the grounds that United States
has not ratified the 1951 Refugee Protocol and Convention. So with this, United States does
not have the obligation and authority to provide livelihoods, rights and places for these
asylum seekers.
Asylum seekers in United States have high hopes for the UHNCR because they think that the
only one who can help them is the UN representative for refugees and asylum seekers in
United States. However, the constraints experienced by the UHNCR itself mean that asylum
seekers in United States have not yet received certainty as to where they will be given the
right to live in other countries. The biggest obstacle is that many developed countries that can
accept asylum seekers have begun to close themselves for certain reasons. And this makes the
asylum seekers in transit in United States detained for years and do not have a clear status.
Problems
From the background description above, the problem taken by the author is how the role of
non-governmental organizations NGOs in seeing and overcoming the existence of asylum
seekers in United States. Given that the government and international organizations
themselves have not been able to handle their existence.
Literature Review
Although United States has not ratified the 1967 Refugee Protocol and the 1951 Convention,
UNHCR has opened its official representative office in United States. The existence of
UNHCR is a form of UN authority in addressing and resolving humanitarian issues for
refugees and asylum seekers resulting from humanitarian conflicts in their home countries.
The role of UHNCR in United States is to assist asylum seekers coming from Myanmar
(Ethnic Rohingya), East Timor, Palestine and Afghanistan in providing protection and
administrative data collection in the form of issuing an official letter of eligibility for someone
who deserves to be called an asylum seeker with the conditions set by the UN. After a person
officially gets a letter as an asylum seeker, the UHNCR will place him in a country that
provides access to immigrants and has ratified the 1951 convention. In the 1961 Protocol,
states parties to the agreement are prohibited from expelling and rejecting refugees from
countries of origin where there is conflict and war (Setiyono, 2017).
2012 was the peak year for the spread of Rohingya refugees to all countries in Southeast Asia,
including United States. Basically, United States has no obligation to accept foreign refugees
into its territory because it has not ratified the protocol on refugees, but for humanitarian
reasons United States still accepts foreign refugees. In order to ensure that the arrival of
Rohingya refugees does not destabilize the area where the refugees are staying, United States
accepts UNHCR and IOM (International Organization for Migration) to handle the Rohingya
refugees. Rohingya refugees in United States. In order to create an effective program, the two
international government organizations made a working agreement as outlined in the MoU. In
the agreement, the UHNCR was tasked with identifying Rohingya refugees and asylum
seekers and determining whether or not they deserved a certificate as asylum seekers. At that
time 800 people out of 1800 could not be given refugee and asylum seeker certificates due to
data that pointed to the authenticity of Rohingya ethnicity, that they were Bangladeshis who
moved from their home country. Meanwhile, IOM is tasked with providing facilities and
meeting the material and psychosocial needs of asylum seekers and refugees. IOM disbursed
a number of dollars to provide fulfillment of the needs of life for refugees who were divided
into several regions of United States, one of which was Aceh (Wulandari, 2019).
Not only that, but in 2001 IOM also became a government organization that assisted United
States and Australia in dealing with the arrival of illegal immigrants from several countries.
To run the program effectively, a Regional Cooperation Model (RCM) was established
between IOM, the Australian and United States governments. The purpose of the RCM is to
facilitate the three parties in making policies towards illegal immigrants, namely finding or
placing them in a third party country or returning them to their country of origin. IOM assists
the United States and Australian governments' efforts to regulate the movement of irregular
migrants through United States through the provision of humanitarian assistance services for
people apprehended on their journey by the authorities. Services These include counseling,
medical care, food, shelter, basic skills training and assistance in applying for asylum or
voluntary return. The number of illegal migrants apprehended varies throughout the year, but
in total has reached 2,000 people. Not only temporary shelter, the illegal immigrants are also
provided with health, psychosocial, accommodation and food needs (Puspita, 2014).
In 2015, United States was again visited by Rohingya refugees and asylum seekers. The
United States government closed access to the refugees by sending the United States National
Defense Forces (TNI) to guard the security and defense of the sea border area. However, the
government still channeled food and drink aid to the refugees' boats as a humanitarian aid.
However, this did not last long because several neighboring countries and the United Nations
urged United States to open access to the asylum seekers in consideration of the threat to the
safety of the refugees on the ships. With various pressures from several parties, United States
opened access to these refugees with the help of the UN which would fulfill funding for the
needs of refugees. However, there was a misperception between United States and Thailand
regarding the news that spread about the closure of Thailand's access accompanied by moving
asylum seekers towards United States. This eventually led President Joko Widodo to send
United States representatives to resolve the issue by opening a dialog with Thailand and
Malaysia. Furthermore, the problem Asylum seekers in the Southeast Asia region are also
handled by ASEAN as a representative organization of countries in Southeast Asia (Sylviya,
2018).
From the description above, it can be concluded that the role of international organizations in
overcoming the existence of asylum seekers is very massive considering that the UHNCR and
IOM are official organizations formed by government structures that have the authority and
function to regulate, protect and place refugees and asylum seekers in accordance with the
provisions stipulated in the organization. The United States government clearly does not have
the authority and obligation to accept and provide assistance to asylum seekers because
United States is not a state party to ratify the 1967 Protocol on refugees. However, in the
name of humanity, United States opens access and provides opportunities for related
organizations to deal with asylum seekers. Then how about non-governmental organizations
that specifically do not have the authority to provide assistance to asylum seekers but the
existence of these organizations is built on humanitarian values. This paper will try to analyze
the role of non-governmental organizations in dealing with asylum seekers who come to
United States.
Discussion
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.
United States Did Not Ratify the Refugee Convention
The phenomenon of asylum seekers and refugees that has increased in quantity now has an
impact on United States as a country that must deal with immigrants without documents. The
international refugee problem in United States is not something that can be easily handled in a
short time due to United States lack of authority to regulate refugees and asylum seekers in
the country. The international refugee problem that plagues United States is not something
that can be easily handled in a short time due to United States lack of authority to specifically
regulate the existence of refugees and asylum seekers in the country. In terms of international
status, United States is one of the countries that until now has not ratified the 1951 refugee
convention launched by the UNCHR. So legally, United States is not a party that has the
authority and responsibility to grant refugee status. UNCHR as an organization that is given a
special mandate to handle international refugees and asylum seekers is the only organization
that has discretion in access to handling asylum seekers scattered in various countries. The
implementation of the Convention in 1951 as a multilateral treaty is the basis of regulation in
defining the status of refugees and determining the rights of refugees to obtain asylum and the
responsibilities of countries that provide asylum. Thus, UNCHR is obliged to find a third
country that is willing to accept refugees.
United States is a country that has not ratified international treaties on refugees and asylum
seekers so that all arrangements regarding the existence of refugees and asylum seekers in the
country are determined by the UNHCR in accordance with the mandate it received based on
the UNHCR statute in 1950. Despite not being a member state of the refugee convention,
United States has law number 6 of 2011 concerning immigration which is used as the basis
for the Convention in handling asylum seekers and refugees in their country (Yahya Sultoni,
2013). Thus, based on the immigration law, the definition of a foreigner is a person who is not
an United States citizen. Therefore, although United States has not ratified the refugee
convention, it still has national legal instruments that regulate refugees.
According to the National Human Rights Commission, United States action of not wanting to
be involved in the convention is detrimental to United States. Ratifying the refugee
convention guarantees the respect, fulfillment, and protection of the human rights of refugees
and asylum seekers (Fadli Afriandi, 2013). Not only that, if United States ratifies the refugee
convention, at least United States will get several benefits, first, the government can
determine the status of refugees and asylum seekers by itself. Second, the government can get
international assistance and cooperation related to strengthening national capacity in handling
refugees and asylum seekers. Thirdly, it prevents hijackers who have different motives. In
addition, the step to ratify the refugee convention can also be a solution to the deadlock faced
by United States in handling refugees and asylum seekers whose numbers continue to grow
and provide greater opportunities for the United States government to be directly involved and
contribute in accordance with national interests in handling refugees and asylum seekers.
United States unpreparedness to be involved in the refugee convention is caused by several
domestic issues that have become United States consideration so that it delays the ratification
process of the refugee convention. This is because, a country that has ratified the refugee
convention has the obligation to ratify the refugee convention fulfillment of basic rights for
refugees. The rights that must be given by countries that ratify conventions against
international refugees include; 1) the right to employment and welfare; 2) the right to obtain
refugee citizenship status and travel documents and regarding the application of fiscal costs;
3) the right to transfer assets owned by refugees to the country where they have been accepted
with the aim of resettlement (Yahya Sultoni, 2013). The three points above are what United
States considers so that it must postpone the ratification of the Convention refugees due to
United States limited capacity in handling refugee and asylum seeker mechanisms and
potential socio-economic security issues.
For example, in guaranteeing access to employment and welfare for refugees, United States
considers that these demands are still too heavy for the United States government, considering
that United States is a developing country and has a high unemployment rate, the per capita
income of the United States population itself is also considered not sufficient. In addition,
providing homes for refugees is also a consideration that prevents United States from ratifying
the convention where the government sees that domestically there are still many
underdeveloped areas that need proper infrastructure from the central government. Therefore,
if United States makes a policy in terms of providing facilities in the form of houses for
refugees, it is not appropriate and is still far from the condition of United States as a
developing country. United States is not a country that has ratified the refugee convention like
Australia, which is obliged to accommodate refugees because it has signed the convention
refugees. However, this does not absolve United States to act arbitrarily towards asylum
seekers and refugees such as forcibly returning them to their home countries. As a transit
country, United States tries to accept asylum seekers who arrive in its territory. Although it
does not have the authority to determine the status of refugees and asylum seekers by itself
because it has to wait for the UNCHR's decision, United States is still a country that respects
the main principles in the refugee convention such as not returning them to their country of
origin, not punishing them for committing immigration violations, and not distinguishing
them or discriminating them among refugees and asylum seekers even though there are some
rights for refugees that are still not fulfilled (Yahya Sultoni, 2013).
Behind United States non-participation in the refugee convention, United States has a
Presidential Regulation of the Republic of United States number 125 of 2016 concerning the
handling of refugees from abroad. The Presidential Regulation contains several things related
to refugees, including policies regarding the discovery of refugees in United States waters and
land areas, handling refugees from abroad by coordinating with the United Nations and
International Organizations authorized in the humanitarian field. In addition to these
provisions, the United States government also makes provisions regarding matters relating to
the existence of refugees in the event of discovery (refugees) alive or dead in United States
territory, shelter or residence and also regarding funding for refugee needs (JDIH, 2017).
Need It is important to remember that the presidential regulation does not mean that United
States takes full responsibility for the survival of refugees and asylum seekers who are
stranded in United States territory.
The Presence of Asylum Seekers in United States
An asylum seeker is a person who has applied for state protection but whose application is in
the process of being determined. If the asylum seeker's application is accepted, they will be
referred to as a refugee and receive rights and obligations in accordance with the laws of the
receiving country. However, the determination process can take years because asylum seekers
leave their country without their documents, leaving them stranded in the areas where they
arrive. As is the case in United States, as a country that has not ratified the 1951 Convention
and 1967 Protocol on the status of asylum seekers and refugees, United States is forced to
hand over the authority to determine the status of asylum seekers to UNHCR (United Nations
High Commissioner for Refugees) with the assistance of IOM (International Organization for
Migration) which has been providing material assistance for the food needs of asylum seekers
living in rudenim.
The arrival of asylum seekers to United States is due to the many conflicts that have occurred
in the Americas, the Middle East and South Asia. As of 2018, there were 13,900 asylum
seekers and refugees in United States. The presence of refugees and asylum seekers in United
States is now a problem for the United States state. Rationally, the arrival of international
refugees can cause disturbances in United States itself, both to the economy, social and
security (Fadli Afriandi, 2013). From an economic effect, the arrival of refugees has an
impact on increasing United States budget because it has to protect refugees to meet their
basic needs. From the social aspect, problems will arise when the assimilation process
between the local population and international refugees does not go well. In terms of security,
the arrival of refugees is considered a security threat to United States and the stability of
United States society.
The impact of the presence of international refugees is directly felt by local communities who
live around refugee camps. In refugee camps, especially in DKI Jakarta, the local community
views that refugees and asylum seekers who are in the vicinity are a burden to their country
and have a negative impact on the surrounding community. The negative view of the
community arises due to the attitude of refugees who often create chaos among fellow
refugees and even with the community. Such conditions have disrupted the security and peace
of the community around the refugee and asylum seeker shelters. The United States
government's limited ability to provide livable shelter has resulted in thousands of refugees
being forced to occupy the sidewalks and shop yards of local residents, which greatly disturbs
public order around the place of residence (Tempo, 2019). For example, in Komplek Daan
Mogot Baru, Kalideres, residents claimed that the presence of refugees not only disturbed
public order but also had an impact on residents' businesses which were increasingly reduced
in income due to the presence of refugees who held mats in front of residents' business
shophouses (Tempo, 2019). Similar complaints were experienced by residents of Tebet, South
Jakarta. The attitude of refugees who acted at will and were undisciplined in maintaining
environmental cleanliness drew protests from the surrounding community for the presence of
refugees who greatly disturbed order in the Tebet area (Berita Satu, 2019). So from the
explanation of the conditions above, it can be concluded that the presence of refugees around
residential areas is disturbing and destabilizing the environment so that it has an impact on the
security, economy, and social conditions of the community.
The Role of NGOs in Addressing Refugees
The existence of asylum seekers and refugees in United States is a very complex problem to
be solved. In United States, especially in Jakarta, thousands of asylum seekers and refugees
still demand the attention of the United States government as a transit country in providing
protection while they have not received certainty to be transferred to the destination country
or third country. By always coordinating with the UNCHR as a part of the UN organization
that is fully responsible for asylum seekers and refugees, in practice until now still
experiencing a deadlock on the transfer of refugees to third countries. Thousands of asylum
seekers who did not pass the selection process as refugees are also among the refugees who
have not been resettled. One of the problems UNCHR has to face is to return asylum seekers
to their home countries without coercion and pressure. UNCHR admits that it is limited in
helping to fulfill the basic needs of asylum seekers and refugees. So that in carrying out its
duties, UNCHR requires cooperation with national and international Non-Governmental
Organizations (NGOs) to participate in providing logistical assistance, education, counseling,
health, and other services that are needed for the survival of asylum seekers and refugees in
United States.
In dealing with refugees, the international UNCHR itself has built partnerships with more
than 900 NGO partners that focus on handling humanitarian crises. As UNCHR partners,
NGOs have the responsibility of providing technical and operational assistance to refugees.
Considering that asylum seekers are people who leave their home countries involuntarily
without bringing property or objects other than the hope of a safe and peaceful life, NGOs
have a very important role to protect the human rights of asylum seekers and refugees so that
they can continue to live a decent life without threat.
As a partner of UNCHR, NGOs also have similar responsibilities and roles with UNCHR,
namely ensuring security assistance to asylum seekers and refugees in all domains. Being one
of UNCHR's partners, Church World Service (CWS) as an NGO that intervened to provide
assistance both financially, education, and shelter for refugees by prioritizing the principle of
specific needs in distributing housing assistance to refugees who will be prioritized in
receiving assistance (Santi, 2017). In health services, Muhammadiyah Disaster Management
Center (MDMC) is one of the NGOs actively involved in various emergency and
humanitarian responses for asylum seekers and refugees whose role has helped provide health
and rehabilitation facilities for refugees in United States. In addition, the Jesuit Refugee
Service (JRS) is also committed to being an NGO with a mission to accompany, serve and
defend the rights of refugees. JRS' commitment as a humanitarian activist has contributed to
the accompaniment of asylum seekers and refugees during their stay in United States.
A brief explanation of the role of NGOs above can be concluded that NGOs play an important
role in overcoming humanitarian crises in the world and in United States. Not only as
organizations that provide assistance in providing basic necessities of life such as logistics,
shelter, health and education, but NGOs have also acted as a liaison between asylum seekers
and refugees and UNCHR in order to channel their aspirations and difficulties faced while
surviving in United States. So in other words, NGOs become mediators between refugees and
UNCHR with one of the functions as translators for refugees who cannot speak English. In
addition, obstacles faced by UNHCR and the United States government in dealing with
refugees is the lack of information obtained in the field related to data on the distribution of
asylum seekers in United States and the distribution of assistance for refugees. Therefore, in
response to this problem, NGOs play a role in exchanging information with UNCHR
regarding asylum seekers who are in locations that have not been reached by UNCHR. Thus,
NGOs contribute to data collection on the number of asylum seekers and refugees spread
throughout United States and become informants for UNCHR regarding the distribution of aid
that has been allocated to asylum seekers and refugees.
NGOs and UNCHR cooperate and coordinate with each other regarding efforts to deal with
asylum seekers and refugees in United States. The provision of assistance carried out by
NGOs cannot be separated from the monitoring of UNCHR, as the main person in charge of
refugees, so that every humanitarian action of NGOs for asylum seekers and refugees is
always coordinated with UNCHR so that the assistance received can be effective and right on
target. Indeed, both UNCHR and NGOs have responsibilities that essentially ensure a decent
life for refugees. However, the fundamental role difference between UNHCR and NGOs as
partners is more about UNCHR's role in providing legal protection in the selection process
and determining the feasibility of changing the status of asylum seekers to refugees and as the
only party authorized to advocate to the governments of countries that have ratified the
protocol on refugees to discuss the acceptance of refugees into the country.
The Role of JRS (Jesuit Refugees Service) in Addressing Refugees in United States
Jesuit Refugee Service or JRS is an organization that was established on 14 November 1980.
The establishment of JRS United States was motivated by the volunteers' concern for the
suffering of Vietnamese asylum seekers on Galang Island, Southeast of Batam (Santi, 2017).
JRS United States contribution to humanitarian crises such as asylum seekers and refugees
across national borders is to provide humanitarian services and assistance. Not only that,
refugees who are victims of disasters and conflicts that occur in United States are also of
concern to JRS as victims who need to be served according to Jesuit values.
Being one of UNHCR's partners, JRS is a humanitarian NGO that focuses on providing
services in the form of psychosocial support, advocacy and protection. Adhering to three main
principles in its mission, JRS is committed to being an organization that will accompany,
serve and defend the rights of refugees and displaced persons (JRS, 2014).
Accompanying means that JRS is present as a friend who listens to the stories and hopes of
refugees in refugee camps or detention centers. In this way, JRS has a good understanding of
what services can be provided to refugees. Serving is providing services to asylum seekers
and refugees based on refugee needs and JRS capabilities. The services provided by JRS
include English and United States language education and recreational activities for refugees
reducing the stress of refugees as they go through the UNHCR Refugee Status Determination
process and wait in United States for 4-6 years in the process of resettlement to third countries
(Semar, 2017). And Advocacy which is manifested in the form of encouraging unfair policies
towards refugees and mobilizing refugees to get help from volunteers and governments that
have not reached the refugees.
First present in serving refugees on Galang Island from 1986 to 1996, JRS again responded to
humanitarian crises that included refugees in West Timor (1999-2004), Refugees in Maluku
(2000-2005), Refugees in Aceh (2001-2004), and Refugees in West Sumatra (2008-2009)
who were mostly victims of their own internal conflicts (Semar, 2017). The services provided
by JRS to these refugees are not only psychosocial assistance or peace efforts, various basic
needs service activities including the provision of settlement land for refugees are also a form
of role played by JRS for refugees (Indra, 2020).
Other efforts made by JRS in addressing the presence of asylum seekers in United States, JRS
mostly conducts activities in the form of advocacy for asylum seekers who enter United States
territory, cases that are often handled when asylum seekers undergo the process of applying
for official identity as asylum seekers at the UHNCR representative office in United States.
Besides direct involvement JRS also runs asylum seeker empowerment projects located in
several regions in United States.
United States. JRS is also socially responsible for making the local community accept the
presence of asylum seekers in their neighborhood. This empowerment aims to make the
asylum seekers self-sufficient in fulfilling their needs while in United States. JRS has
encountered obstacles in addressing the problems and needs of refugees, including finding a
place as an empowerment shelter for refugees, one example is when the empowerment
program was located in Bantul Yogyakarta. Several groups with various backgrounds
disputed the presence of the refugees. It is not only the presence of foreigners as refugees but
also other identity factors that make certain groups not accept the presence of asylum seekers.
So here JRS makes an effort to minimize the conflict that occurs by communicating with
related parties or moving the location of the empowerment shelter (Indra, 2020).
Some of the programs that JRS routinely runs are providing legal assistance and advocacy
training for activists and lawyers. JRS does this not only on its own but also in cooperation
with other organizations such as LBH, SUAKA and Dompet Duaffa. JRS participates and
focuses heavily on advocacy and accompaniment of asylum seekers. Moreover, there are
1,300 refugee children of which 500 are without parents. These children are in dire need of
assistance in managing the administration of their asylum seeker status and preparing their
daily needs days because child refugees are not allowed to go to their destination country until
they are 18 years old and this makes them wait in transit countries. JRS has been serving
asylum seekers in the Cisarua refugee shelter in Bogor, West Java since 2009 and the refugee
community in Sewon Bantul, Yogyakarta in 2011 (Indra, 2020).
The following programs have been implemented by JRS in dealing with asylum seekers in
United States:
Health assistance program with hospital fee assistance, translators and hospital
accompaniment for vulnerable refugee groups.
Cash-based assistance program for rent and food costs for vulnerable refugee groups
Psychosocial programs such as English classes, United States language classes, etc.
Vocational and skills improvement program
Capacity building programs such as interpreter training, refugee protection training,
etc.
Information, consultation and advocacy program
JRS is present as an organization that plays an active role in providing assistance to asylum
seekers and refugees across national borders. The presence of asylum seekers in United States
totaling 13,900 people from 49 foreign countries has encouraged Jesuits to take on the role of
assisting, serving, and protecting refugees regardless of race, ethnicity, and religion (Gading,
2020).
The Role of MDMC (Muhammadiyah Disaster Management Center) in Addressing
Refugees in United States
Muhammadiyah Disaster Management Center (MDMC) is one of the many NGOs that carry
out universal humanitarian activities. MDMC is an institution under Muhammadiyah that was
confirmed after the Muhammadiyah Congress in 2010. The role of MDMC in responding to
disaster and humanitarian issues is not only on a domestic scale, but MDMC's contribution
has penetrated on an international scale such as the handling of Rohingya refugees in
Bangladesh.
As an NGO, MDMC has developed into an active actor in international humanitarian
activities. MDMC is also the only United States organization that has Emergency Medical
Team or EMT standards certified by WHO. In carrying out its duties, MDMC is assisted by
LazisMu which is also an extension of Muhammadiyah as the coordinator of fundraising and
aid resources. The main work of MDMC for refugee management is focusing on health
assistance in the midst of refugees such as the establishment of ambulances and clinics carried
out with the Muhammadiyah Aid team as an association of medical personnel for Rohingya
refugees in Cox' Bazar, Bangladesh in 2017. The lack of health facilities that cause health
problems and disease outbreaks experienced by Rohingya refugees, makes the presence of
MDMC very much needed by refugees in providing assistance distribution of logistics,
medicines, and nutrition, especially for toddlers, children, pregnant women, and people with
disabilities (Iskandarsjah, 2017).
The role of MDMC and Muhammadiyah Aid focused on three programs, namely emergency,
recovery, and reconciliation. In the emergency program, the assistance provided by MDMC is
such as providing medicines, clothing and food needs for refugees, while recovery is carried
out by facilitating education, medical, and health programs. Meanwhile, in the reconciliation
program, the implementation effort carried out by MDMC and Muhammadiyah Aid is to
build a peace market that aims to restore relations between Rohingya refugees and ethnic
Rakhine through interaction and economic improvement (Rabbani, 2018).
The implementation of the reconciliation program is certainly not a program carried out by
MDMC or Muhammadiyah Aid alone. Because in addition to cooperating with
Muhammadiyah Aid, MDMC also collaborates with the United States Humanitarian Alliance
for Myanmar (AKIM) team which has the same goal in helping to fulfill the basic needs of
refugees. AKIM together with MDMC plays a role in encouraging reconciliation efforts by
carrying out three strategies which include assistance in the fields of health, livehood, and the
construction of educational facilities and other basic needs (Rabbani, 2018). Through
cooperation with various parties, it is easier for MDMC to have a positive impact on
Rohingya refugees.
MDMC's work in handling refugees cannot be underestimated. MDMC's presence as the only
The only WHO-registered emergency medical team in United States, as well as the ability to
provide adequate health workers, complete medical equipment, and preparedness in
responding to humanitarian issues, are MDMC's efforts in addressing the health security of
international refugees both in other countries and refugees in United States.
Conclusion
The existence of refugees in United States, which is increasing in number, has become a
polemic among policy makers and humanitarian activists. United States has issued a
presidential regulation number 125 of 2016 concerning refugees abroad which contains
policies regarding the existence of refugees in terms of status determination, placement,
discovery and funding. United States can move within the realm that has been determined in
the presidential regulation. Unlike countries that have ratified the Refugee Convention, United
States does not have the same authority as these countries because United States has not
ratified it.
United States is one of the destination areas for refugees who have experienced rejection in
their destination countries, besides that United States is located in a strategic geographical
position between two continents (Asia and Australia) two oceans (Indian and Pacific) making
United States have a lot of water access. In addition, United States also adheres to human
rights by being one of the countries that uphold the UDHR (General Declaration of Human
Rights). In overcoming the existence of refugees, United States cooperates with international
organizations such as the UHNCR and the International Human Rights Council.
IOM because these two organizations are the right parties because they have the authority to
determine the status of refugees as asylum seekers and manage their whereabouts. United
States lack of obligation to assist asylum seekers has made the government provide assistance
to refugees only up to humanitarian limits and stipulations in Presidential Regulation 125 of
2016. Meanwhile, there are many refugees who still fill several areas in United States such as
Jakarta and Aceh. Their existence, which began to disrupt the surrounding environment
because they settled as they did, made the local government intervene even though once again
with a limited form of assistance. This moved the function of non-governmental organizations
to come down to help and handle the existence of these refugees.
Jesuit for Refugees (JRS) and Muhammadiyah Disaster Management Center (MDMC) are
two non-state organizations and agencies engaged in assisting and addressing refugees in
United States. JRS implements various programs for refugees including advocacy or legal
assistance for refugees in the process of applying for asylum seeker status in order to be
transferred to a third country or destination country. In addition, JRS also provides
empowerment to refugees so that they can survive independently while in transit and
destination countries. MDMC as part of the religious organization Muhammadiyah is also
engaged in helping refugees in United States. Especially when the Rohingya refugees came to
United States. MDMC collaborates with Several international organizations have made efforts
to handle refugees, including reconciliation and offering policy solutions related to the
existence of refugees from Myanmar to the United States government, raising and distributing
financial assistance to meet the needs of refugees in the field such as health facilities and
infrastructure and evaluating the performance of handling refugees with International
Organizations such as WHO, IOM and Unicef.
From all this information, we can conclude that the government cannot overcome the
existence of asylum seekers who choose United States as their own transit country. The
United States government has exercised its authority based on the 2016 PERPRES and the
Universal Declaration of Human Rights. The existence of NGOs is very helpful for the
government to deal with the existence of refugees and asylum seekers who make United
States their transit country. Likewise, NGOs cannot walk alone in helping asylum seekers. By
cooperating with other NGOs and relevant international organizations, they can jointly handle
the presence of asylum seekers in United States.