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Viewing cable 09STATE119085, WALK-IN GUIDANCE FOR 2009: HANDLING

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Reference ID Created Released Classification Origin
09STATE119085 2009-11-18 17:05 2010-11-28 18:06 SECRET Secretary of State
S E C R E T   STATE   00119085 
VZCZCXRO1706
PP RUEHAG RUEHAO RUEHBC RUEHBI RUEHBZ RUEHCD RUEHCHI RUEHCI RUEHCN
RUEHDBU RUEHDE RUEHDH RUEHDT RUEHDU RUEHFK RUEHFL RUEHGA RUEHGD RUEHGH
RUEHHA RUEHHM RUEHHO RUEHHT RUEHIHL RUEHKN RUEHKSO RUEHKUK RUEHKW
RUEHLA RUEHLH RUEHMC RUEHMJ RUEHMR RUEHMRE RUEHMT RUEHNEH RUEHNG
RUEHNH RUEHNL RUEHNP RUEHPA RUEHPB RUEHPT RUEHPW RUEHRD RUEHRG RUEHRN
RUEHROV RUEHRS RUEHSL RUEHTM RUEHTRO RUEHVC
DE RUEHC #9085/01 3221739
ZNY SSSSS ZZH
P 181729Z NOV 09
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE PRIORITY
RUEHTRO/AMEMBASSY TRIPOLI PRIORITY 0913
RUEHRY/AMEMBASSY CONAKRY PRIORITY 2404
RUEAIIA/CIA WASHINGTON DC// PRIORITY
RUEKJCS/SECDEF WASHINGTON DC// PRIORITY
RHEFDIA/DIA WASHINGTON DC// PRIORITY
RHMCSUU/FBI WASHINGTON DC// PRIORITY 6949
RHEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC// PRIORITY
S E C R E T SECTION 01 OF 11 STATE 119085 
 
SECRET//NOFORN 
 
E.O. 12958: DECL: 11/17/2034 
TAGS: ASEC CVIS PINR PREF
 
SUBJECT: WALK-IN GUIDANCE FOR 2009: HANDLING 
FOREIGN NATIONAL WALK-INS, DEFECTORS, AND ASYLUM 
SEEKERS 
 
REF: (A) 08 STATE 061194 
(B) 7 FAM 180 
(C) 09 STATE 030541 
(D) 04 STATE 061816 
(E) 2 FAM 227 
(F) 08 STATE 110175 
(G) 09 STATE 110904 
(H) 9 FAM 42.1 N4, PN2-5, and PN7 
 
(U) Classified by: David Appleton, Director, 
INR/CCS, Reason: 1.4 (c, d). 
 
SUMMARY AND TABLE OF CONTENTS 
 
1.  (S/NF) This telegram replaces Ref A as the 
Department's comprehensive guidance on handling 
foreign national walk-ins, defectors, and asylum 
seekers - all of whom are generally referred to in 
this telegram as "walk-ins."  This telegram was 
coordinated with interagency partners, including 
CIA, DHS, DIA, and the FBI.  It explains the 
procedures for receiving walk-ins; determining 
whether they are of intelligence value and whether 
defector, temporary refuge, protection, 
resettlement, parole, or other status is 
appropriate; and coordinating an appropriate 
response.  A link to this telegram will be included 
in the Chief of Mission (COM) Guide on ClassNet 
(http://diplomaps.state.sgov.gov/com).  (For 
guidance on handling U.S. citizens requesting 
emergency protection ("temporary refuge") at posts, 
see Ref B.) 
 
2.  (S/NF) COMs should ensure that all post 
personnel are properly prepared to handle walk-ins. 
Post management, RSO, and GRPO have the most 
responsibility for ensuring proper handling of 
walk-ins, but other officers may play critical 
roles. 
 
3.  (S/NF) Correct handling of walk-ins is 
important for three principal reasons.  Walk-ins 
(1) may be sources of invaluable intelligence; (2) 
pose numerous security challenges; and (3) may need 
protection.  Improper handling of walk-ins can put 
them and post personnel at risk and result in the 
loss of important intelligence.  Thus, post's 
procedures must be clear, well-understood, and 
workable at any hour, day or night. 
 
4.  (U) Questions or comments regarding the 
guidance in this telegram should normally be 
directed by telegram to INR/CCS, which will 
coordinate a Department response.  If additional 
guidance is required in an emergency walk-in 
situation, however, post should contact the 
Department's Operations Center (202-647-1512), 
which will alert the appropriate Department 
personnel. 
 
5.  (U) This telegram contains the following 
sections: 
 
A. - Storage and dissemination of this telegram 
(paragraph 6) 
B. - Post preparation for handling walk-ins 
(paragraphs 7-23) 
C. - Procedures for handling walk-in arrivals 
(paragraphs 24-33) 
D. - Requirements for reporting on walk-ins 
(paragraphs 34-39) 
E. - Temporary refuge guidance and cautions 
(paragraphs 40-52) 
F. - Long-term options for walk-ins(paragraphs 53- 
63) 
G. - Travel assistance for walk-ins(paragraphs 64- 
65) 
 
END SUMMARY. 
 
 
Section A.  STORAGE AND DISSEMINATION OF THIS 
TELEGRAM 
 
6.  (U) Posts should retain this telegram in the 
RSO's files and in a location accessible to duty 
officers, replacing and destroying Ref A and any 
other prior versions.  RSOs should ensure that all 
officers have read this telegram and know where it 
is retained. 
 
Section B.  POST PREPARATION FOR HANDLING WALK-INS 
 
7.  (S/NF) Each post's Counterintelligence Working 
Group (CIWG) should meet upon receipt of this 
telegram to review post's procedures for dealing 
with walk-ins.  The CIWG should ensure that post's 
procedures are consistent with the guidance in this 
telegram and local security concerns, include 
appropriate defensive security measures, and allow 
screened walk-ins to meet securely with appropriate 
post officials. 
 
8.  (S/NF) Post's walk-ins procedures should 
include (1) special procedures for the reception of 
embassy (including consular section) walk-ins of 
possible intelligence value; (2) procedures for 
constituent posts, if any; and (3) procedures for 
approaches at residences, in vehicles, on the 
street, via telephone, and through both electronic 
and hand-delivered mail.  Heightened security at 
USG installations increases the possibility of 
approaches to USG officials outside USG facilities. 
Because of the inherent risks, however, post 
procedures should permit arranging substantive 
meetings outside post only in exceptional 
circumstances and only after approval of the COM 
based on the recommendations of the RSO and GRPO. 
 
9.  (S/NF) Post's procedures must allow for 
appropriately balancing the following 
considerations which may come into play in walk-in 
cases: 
 
(a) post security; 
(b) the safety of the individual; 
(c) the intelligence value and bona fides of the 
individual; 
(d) whether the individual requires protection and, 
if so, whether appropriate protection is available 
from international organizations or host-country 
sources; 
(e) whether the individual should be resettled 
outside the host-country and, if so, whether 
resettlement in another country or the United 
States is possible; 
(f) the time available for resolution of the case; 
and 
(g) the need to safeguard the confidentiality of 
any information that may have a bearing on a future 
consular-related activity or possible resettlement 
request. 
 
10.  (S/NF) Post's procedures must be cleared by 
the RSO and coordinated with the GRPO and, at posts 
with an FBI Legal Attache (LEGATT), with the 
LEGATT.  (All three should be on post's CIWG.) 
Post's RSO should update post's walk-in plan with 
the GRPO and LEGATT, if any, on a semi-annual basis 
or as needed. 
 
11.  (S/NF) RSOs should ensure that all relevant 
potential participants in handling walk-ins are 
appropriately briefed and trained.  Non-cleared 
personnel can be told that a USG official will 
interview walk-ins, because that fact is not 
classified.  The fact that a walk-in may be 
referred to other post officials for a decision on 
further actions is classified and may not be shared 
with non-cleared personnel.  All briefings should 
emphasize the importance of ensuring that the walk- 
in is fully screened, but should also convey that 
legitimate walk-ins may exhibit nervous or anxious 
behavior, particularly because access controls and 
host nation security forces around many of our 
diplomatic posts make it difficult for walk-ins to 
approach our facilities discreetly.  All briefings 
should also stress the importance of not drawing 
attention to the walk-in or alerting host nation 
security personnel. 
 
12.  (S/NF) RSO briefings should include (1) 
briefing those who may have first contact with a 
walk-in - including non-USG local guards and 
receptionists - on the procedures to follow at 
first contact; (2) providing additional briefings 
to MSGs, other USG security personnel, and USG duty 
officers on a semi-annual basis or as needed on 
more sensitive aspects of the program; (3) briefing 
consular officers on handling walk-ins who approach 
through a consular service window; and (4) briefing 
all arriving cleared USG personnel on the 
procedures for approaches that occur off post 
premises (as part of the arrival briefing). 
 
13.  (S/NF) To ensure that walk-ins can communicate 
their wishes clearly, post may wish to prepare 
language cards that can be shown at first contact 
to a walk-in who does not speak English, giving 
options from which the walk-in can select.  One 
option should be "I wish to speak with an American 
official."  Other options should be plausible 
alternatives, such as "I wish to obtain information 
about travel requirements."  In addition to the 
local language, post should consider having such 
cards available in priority interest languages such 
as Russian, Spanish, Arabic, Farsi, Mandarin, and 
Korean, as appropriate in light of the local 
environment. 
 
14.  (S/NF) The RSO should incorporate post's 
procedures into the MSG and local guard orders as 
necessary. 
 
15.  (S/NF) Posts should designate a room, 
preferably outside the Public Access Control (PAC) 
hard-line, for conducting the initial interview of 
a walk-in. 
 
16.  (S/NF) Post should have an interview guide 
that can be used during the initial interview, and 
should maintain a current roster of cleared USG 
personnel who can provide interpretation services 
to assist the RSO and others in interviewing walk- 
ins as required. 
 
17.  (S/NF) Post procedures should clearly identify 
the officer who will do the initial interview of a 
walk-in, and a backup for when that officer is 
absent.  (These are normally the RSO and Assistant 
RSO.)  These officials should have a prearranged 
signal and appropriate contact numbers for 
notifying GRPO of a walk-in of possible 
intelligence value. 
 
18.  (S/NF) MSGs, local guards, and receptionists 
should have a codeword or pre-arranged signal to 
alert the RSO (or other designated officer) of a 
person requesting to speak with a U.S. officer. 
 
19.  (U) Post should verify that current phone 
numbers, addresses, and directions for host 
government offices that handle refugee claims and 
the local offices of the UNHCR and UNDP are 
included in post's walk-in procedures and the duty 
officer handbook.  This information should also be 
readily available as a handout for walk-ins. 
 
20.  (U) Post procedures should contain current 
information on the host government's legal 
obligations towards persons claiming to be refugees 
or to be in danger of being tortured.  These 
obligations may arise from the host country's 
domestic law and/or treaty obligations.  States 
party to the 1951 Convention relating to the Status 
of Refugees, its 1967 Protocol, and the 1969 
African Union Convention Governing the Specific 
Aspects of Refugee Problems in Africa have agreed 
not to expel or return refugees, as defined in 
those instruments, from their territory under 
certain circumstances.  States party to the 1987 
Convention Against Torture and other Cruel, 
Inhuman, or Degrading Treatment or Punishment have 
agreed not to expel or return an individual from 
their territory to another country where there are 
substantial grounds for believing that he/she would 
be in danger of being subjected to torture. 
 
21.  (S/NF) RSO and GRPO should coordinate any 
operational tests of walk-in procedures. 
 
22.  (S/NF) RSOs should review walk-in procedures 
with constituent posts and ensure that they are 
properly prepared to handle walk-ins.  This should 
include ensuring that constituent post's procedures 
are also incorporated into local guard orders as 
necessary. 
 
23.  (S/NF) Posts without an RSO, GRPO, or 
UNHCR/UNDP presence in-country should promptly 
develop additional post-specific guidance to ensure 
that the guidance in this telegram is adjusted to 
fit their situation. 
 
Section C.  PROCEDURES FOR HANDLING WALK-IN 
ARRIVALS 
 
24.  (S/NF) The MSG, local guard, receptionist, or 
other employee or official who first makes contact 
with the walk-in should ascertain whether the walk- 
in wishes to talk with the USG official, using the 
language cards as necessary.  If so, they should 
use the pre-arranged signal to inform the USG 
official designated to deal with walk-ins (normally 
the RSO or Assistant RSO) as soon as possible. 
Posts with MSGs may wish to instruct non-USG local 
guards, receptionists, and others likely to be a 
walk-in's first point of contact to refer a walk-in 
who wishes to speak with a USG official to the MSG, 
and then have the MSG involve the RSO. 
 
25.  (C) Post's first priority must be to determine 
whether the individual is carrying a weapon, 
device, or hazardous material that endangers post 
personnel.  Walk-ins must be screened and searched 
before being permitted within the security 
perimeter.  If a walk-in possesses any object or 
item that appears suspicious or potentially 
hazardous, security personnel should deny access 
even if the walk-in presents the item as evidence 
of some intelligence he offers, e.g., red mercury 
presented as proof of plutonium enrichment. 
Security personnel are not required to prove that 
an object, item, or material is hazardous to refuse 
entry to the walk-in.  Only DS-supplied and/or DS- 
approved instruments should be used to examine 
suspect material.  Posts should follow established 
DS and Department procedures for screening and 
reporting suspect materials, e.g., white powder 
incidents.  In the event post encounters material 
or information relating to alleged radioactive 
materials, please refer to Ref C for comprehensive 
interagency approved guidance. 
 
26.  (C) The walk-in's identification and/or travel 
documents should be copied as soon as the walk-in 
is screened in, if at all possible.  Otherwise, the 
papers should be copied before the end of the walk- 
in's initial interview.  Identifying and keeping 
records of walk-ins is important for security and 
intelligence reasons; copying their identity 
documents early is advisable because walk-ins may 
get cold feet and leave if kept waiting for an 
interview. 
 
27.  (S/NF) After the walk-in has been searched, 
the RSO or designated alternate must interview the 
walk-in, using post's interview guide.  The RSO 
should attempt to establish the individual's bona 
fides.  (Walk-ins may in fact be mentally disturbed 
persons, intelligence vendors, fabricators, 
provocateurs from hostile intelligence services, or 
persons gathering information on behalf of 
terrorist organizations.)  Once the subject's bona 
fides are established to the RSO's satisfaction, 
the RSO should establish what the walk-in wants, 
whether the walk-in appears to be of possible 
intelligence or counterintelligence interest, how 
much time the walk-in has, and methods for future 
contact, among other information.  The RSO must 
also attempt to determine whether the individual is 
in imminent danger, including (1) immediate 
physical danger, (2) danger of involuntary 
repatriation to a country where the individual's 
life or freedom would be threatened for reasons of 
race, religion, nationality, membership in a 
particular social group, or political opinion, or 
(3) danger of involuntary repatriation to a country 
where it is more likely than not that the 
individual will be subjected to torture.  Finally, 
the RSO may have reason to interview the individual 
for information regarding potential threats to USG 
personnel and facilities.  (If such information is 
obtained, the RSO generally should advise the 
LEGATT and should consider flagging the individual 
for the Rewards for Justice Program.) 
 
28.  (S/NF) Monitoring of foreign nationals in 
walk-in rooms overseas is permitted only in 
accordance with guidelines set forth in Ref D.  All 
other recording or monitoring conducted by post 
employees, including those in cover positions, must 
be consistent with the Department Notice of January 
24, 1977 ("the Vance Memorandum"), which states 
that "No officer or employee of the State 
Department . . . shall direct, arrange for, permit, 
or undertake the monitoring or mechanical or 
electronic recording of any conversation, including 
any telephone conversation, without the express 
consent of all persons involved in the 
conversation," unless advance approval is granted 
by the Secretary or the Deputy Secretary of State. 
(Reproduced at Tab U, Special Agent's Legal 
Authorities, available at 
http://intranet.state.gov.) 
 
29.  (C) Post personnel should never leave a walk- 
in unattended. If possible, two or more post 
officials should work together during the interview 
phase. 
 
30.  (S/NF) If the RSO finds the walk-in credible 
and to be of possible foreign intelligence or 
counterintelligence interest, the RSO should follow 
post procedures to ensure transfer of the walk-in 
to the GRPO as quickly as possible with minimal 
exposure to other post personnel.  The GRPO will 
determine further actions (interview, contact again 
at a later date, etc.). 
 
31.  (C) Post must strictly limit disclosure of the 
fact of any request for temporary refuge, departure 
from the host country, asylum in the United States, 
third-country visa assistance, issuance or refusal 
of visas or permits to enter the United States, and 
requests to resettle elsewhere.  Only USG personnel 
with a need-to-know should be made aware of such 
requests. 
 
32.  (C) Post should provide no comment in response 
to press inquiries, unless otherwise instructed by 
the Department. 
 
33.  (C) Post must consult with the Department 
prior to responding to congressional inquiries on 
specific walk-in cases. 
 
Section D.  REQUIREMENTS FOR REPORTING ON WALK-INS 
 
34.  (S/NF) If a walk-in is of intelligence 
interest, the case will be handled by the 
Intelligence Community (IC) once that interest is 
established, and reporting on the case will occur 
in IC channels.  Post must notify the Department of 
all/all cases not handled within the IC and 
involving the following, using the reporting 
channels described in paragraphs 37-39 below except 
where otherwise indicated: 
 
(a) A person who may have information on immediate 
threats to USG personnel or facilities.  See 
paragraph 35 below for reporting channel 
instructions. 
(b) A person who possesses information regarding 
plans and intentions of governments and/or 
organizations hostile to the United States. 
(c) A person who may have information on weapons 
proliferation, weapons of mass destruction, 
counterterrorism, counternarcotics, or any 
significant new intelligence or military-related 
subjects. 
(d) A foreign diplomat, foreign consular officer, 
other foreign government official (including 
members of the national police and the military), 
or political party official, regardless of his/her 
country of nationality. 
(e) A person who appears threatened by involuntary 
repatriation to a country where the person's life 
or freedom would be threatened for reasons of race, 
religion, nationality, membership in a particular 
social group, or political opinion, or where it is 
more likely than not that the person would be 
tortured.  See paragraph 36 below for reporting 
channel instructions. 
(f) Persons seeking resettlement (including 
"asylum") in the United States.  See Section E 
(paragraphs 40-52) below and Ref E for additional 
guidance on such cases. 
(g) Persons granted temporary refuge.  See 
paragraphs 50-52 for instructions on reporting such 
cases. 
 
35.  (S/NF) Security threat information reportable 
per paragraph 34(a) above should be reported via 
TERREP or TERREP exclusive channel telegram (as 
appropriate) as soon as possible.  Threat 
information of an extremely urgent nature should be 
provided to the RSO and other appropriate post 
officials immediately and relayed to the DS Command 
Center (DSCC) at (571) 345-3146 or via DSCC secure 
line at (571) 345-7793. 
 
36.  (S/NF) Cases involving threats of involuntary 
return as described in paragraph 34(e) above should 
be brought to the Department's attention 
immediately, by phone, email or cable slugged for 
PRM/A, with U.S. Mission Geneva, attention Refugee 
and Migration Affairs (RMA), as an info addressee. 
 
37.  (S/NF) Except as specified above for threat 
and involuntary return cases, telegrams should be 
sent through normal channels, be slugged for 
INR/CCS, P, DS/CI, and the appropriate regional 
bureau, and describe the time-sensitivity of the 
case.  INR/CCS is the action office and will 
distribute to other bureaus as appropriate.  In 
extremely sensitive cases, post should send a Roger 
Channel telegram to INR/CCS, which will ensure 
appropriate, limited distribution. 
 
38.  (S/NF) If the case may require consideration 
of U.S. resettlement options, posts may also wish 
to slug PRM/A, DRL/MLGA, L/HRR, and CA/VO, and to 
add DHS/USCIS WASHDC as an info addressee. 
 
39.  (S/NF) All telegrams should use the PINR and 
ASEC tags.  CVIS and PREF tags also should be used 
in potential resettlement cases.  All telegrams 
referring to UNHCR should add U.S. Mission Geneva, 
attention Refugee and Migration Affairs (RMA), as 
an info addressee. 
 
Section E.  TEMPORARY REFUGE - CAUTIONS AND 
GUIDANCE 
 
40.  (S/NF) Walk-ins sometimes request that they be 
permitted to remain in an embassy or other USG 
facility beyond closing hours.  The Department 
considers this a request for temporary refuge, not 
a request for asylum, and post officials should be 
particularly careful not to equate the two.  In 
U.S. immigration law, asylum is a status granted to 
qualified refugees, and an application for "asylum" 
can only be made in the United States.  A walk-in 
may request "asylum" in an embassy based on the 
erroneous belief that safe passage out of the host 
country will be assured if the request is granted. 
While a few mostly Latin American countries 
recognize such a right of "diplomatic asylum," the 
United States and most other countries do not 
recognize that concept or accept that the granting 
of refuge in an embassy is an authorized use of 
diplomatic facilities.  A walk-in who requests 
"asylum" may also in substance be requesting an 
opportunity to resettle in the United States; 
guidance on such requests is below under long-term 
options. 
 
41.  (S/NF) Granting a walk-in temporary refuge in 
an embassy or other USG facility may actually 
increase the danger to an individual, particularly 
in hostile countries and if the individual is a 
host-country national.  The longer the person 
remains, the more likely the host government will 
become aware of the request for temporary refuge 
and possibly take retaliatory action.  In hostile 
countries, the United States generally is unable 
either to assure a walk-in's safe conduct out of 
the country or continued safety in the country once 
they leave post premises.  Thus granting temporary 
refuge may lead to a protracted stalemate, with the 
walk-in effectively residing in post premises. 
"Residence within a post" of persons hostile to the 
host government could be a continuing source of 
controversy and lead to serious adverse effects on 
U.S. interests and unexpected financial 
implications for the post. 
 
42.  (U) In light of these factors, all foreign 
national walk-ins seeking refuge in a USG facility 
should be informed that post cannot ensure (a) 
their safe conduct out of the host country; (b) 
their future safety within the host country; or (c) 
their entry into the United States.  They should 
also be informed that they may actually endanger 
their own welfare or interests by remaining at 
post. 
 
43.  (S/NF) Temporary refuge may never be granted 
to foreign nationals who simply wish to immigrate 
to the United States or evade local criminal law; 
if granting refuge would put post security in 
jeopardy; or if the Department instructs post not 
to do so. 
 
44.  (S/NF) Post should use appropriate measures to 
remove a person seeking refuge from the premises 
when temporary refuge is not warranted. 
 
45.  (S/NF) Only the COM or Principal Officer, or a 
person designated to act on their behalf in their 
absence, may grant a request for temporary refuge. 
 
46.  (S/NF) Temporary refuge may be granted only if 
there is compelling evidence that the walk-in is in 
imminent physical danger for any reason, or in 
imminent danger of persecution for reasons of race, 
religion, nationality, membership in a particular 
social group, or political opinion. 
 
47.  (S/NF) Within the kinds of cases described in 
paragraph 46, post should grant temporary refuge in 
those rare situations in which an individual faces 
not just imminent physical danger, but immediate 
and exceptionally grave physical danger, i.e., 
possible death or serious bodily injury, either in 
the host country or in another country to which the 
individual will be summarily returned by host- 
country authorities. 
 
48.  (S/NF) Also within the kinds of cases 
described in paragraph 46, post may at its 
discretion grant temporary refuge if the physical 
danger or the danger of involuntary repatriation as 
defined above is less serious but appears imminent. 
In determining if granting temporary refuge is 
appropriate in such instances, post should consider 
the following questions: 
 
(a) How serious and immediate is the threat to the 
walk-in? 
(b) Will the threat to the individual increase or 
decrease if the walk-in is allowed to remain at 
post? 
(c) Can the individual leave or be required to 
leave post without being noticed? 
(d) If detection by host government authorities is 
inevitable and the alleged threat is from the host 
government, can the walk-in's presence and 
subsequent departure be explained in a manner that 
will not further endanger the individual? 
(e) What are the likely consequences of allowing 
the individual to temporarily remain at the post 
with regards to the individual, other persons in 
the host country, the security of the post, and the 
safety of U.S. Government personnel? 
(f) Is the individual of intelligence value to the 
United States? 
(g) Is the person facing immediate and 
exceptionally grave physical danger on account of 
peaceful political, religious, or humanitarian 
activities consistent with U.S. values and 
policies? 
 
49.  (C/NF) Temporary refuge generally should not 
be granted at residential diplomatic or consular 
premises.  The inviolability of diplomatic 
residences (except the COM's) is linked to the 
diplomat's residency and may be lost if the host 
government declares persona non grata (PNG) the 
diplomat whose residence is involved. Consular 
residences do not enjoy inviolability (unless it is 
provided by special agreement). As a practical 
matter all residences, whether diplomatic or 
consular, are generally less secure than the 
embassy or consulate. 
 
50.  (C) If temporary refuge is granted, post 
should notify the Department in an appropriately 
classified "NIACT Immediate" precedence telegram 
and should notify other relevant overseas posts by 
immediate precedence telegram.  Telegrams to the 
Department should be slugged for INR/CCS, P, PRM/A, 
L/HRR, L/DL, DSCC, DRL/MLGA, CA/VO, and the 
appropriate regional bureau.  DHS/USCIS WASHDC 
should be a direct telegraphic info addressee. 
Post also should notify the Department by telegram 
if temporary refuge is requested but denied, unless 
the case is clearly without merit, e.g., appeals by 
a drunken or deranged person. 
 
51.  (S/NF) If the host government (or the 
government of the alien's nationality, if the 
individual is a third-country national) requests an 
interview with a walk-in who is granted temporary 
refuge, post should notify the Department and await 
guidance.  Post should not/not comply with such 
interview requests unless explicitly authorized to 
do so by the Department. 
 
52.  (SBU) If granted, temporary refuge should be 
terminated as soon as circumstances permit (e.g., 
when the period of active danger ends), but only 
with Department authorization.  Post management 
should inform the Department (to the same 
addressees listed in paragraph 50) when temporary 
refuge is terminated.  A person who has been 
granted temporary refuge may, of course, leave 
voluntarily whenever he/she wishes.  Post 
management should reasonably ensure that the 
decision to leave is voluntary. 
 
Section F.  LONG-TERM OPTIONS 
 
53.  (U) Walk-ins often wish to resettle in the 
United States, but this may not be appropriate or 
possible.  The United States encourages local or 
regional resettlement of refugees and international 
resettlement burden-sharing among many governments. 
 
54.  (C/NF) In routine cases involving walk-ins 
from third countries who may be refugees, the walk- 
in should be referred to the host government for 
adjudication of his or her status as long as the 
host country has satisfactory asylum or refugee- 
processing procedures.  In most cases, potential 
refugees should also be referred to the local 
office of the UNHCR, especially if local 
refugee/asylum procedures are not available.  UNHCR 
is mandated to provide protection for refugees and 
has primary international responsibility for 
seeking durable solutions for refugees, including 
possible opportunities for third-country 
resettlement.  This mandate extends to UNHCR even 
in countries that are not party to any of the 
treaties just mentioned.  Where there is no UNHCR 
office, UNHCR's responsibilities are normally 
handled by the local UNDP office.  Beware, however, 
that in some countries UNHCR (or UNDP) may be 
placed in an awkward position if it is notified of 
a case and there is a need to conceal the case from 
the host government.  If this possibility exists, 
post should approach UNHCR or UNDP discreetly. 
 
55.  (C/NF) If it appears that entry into the 
United States is the appropriate long-term solution 
to a walk-in's situation, the walk-in should not be 
issued a non-immigrant visa except in unusual 
circumstances after consultation with the 
Department.  Non-immigrant admission will generally 
not be appropriate because the circumstances that 
lead an individual to become a walk-in normally 
lead also to ineligibility under section 214(b) of 
the Immigration and Nationality Act (INA) as an 
intending immigrant.  Admission to the United 
States therefore normally should be as a refugee or 
parolee.  In some circumstances an immigrant visa 
may also be available. 
 
REFUGEE ADMISSION 
 
56.  (U) A person outside the United States may be 
granted refugee admission if he or she qualifies as 
a "refugee" as defined in U.S. law and meets other 
applicable requirements.  DHS has sole 
responsibility for adjudicating applications for 
refugee admission outside the United States. 
DHS/USCIS officers determine whether or not an 
individual is a refugee on a case-by-case basis 
after a personal interview.  To qualify, a person 
must normally be outside his country.  Given 
adequate justification, however, DHS may adjudicate 
an "in country" refugee application when requested 
by a U.S. Ambassador with the concurrence of PRM/A 
and DHS/USCIS in Washington.  See Ref F, entitled 
"How a post can refer cases to the U.S. refugee 
admissions program", and Ref G, entitled "Worldwide 
processing priority system for FY 2010", for more 
information. 
 
57.  (U) The U.S. definition of "refugee" 
encompasses a person who, under the 1951 Convention 
relating to the Status of Refugees and its 1967 
Protocol, is outside his or her country of 
nationality (or, if he or she has no nationality, 
the country of last habitual residence) and has 
experienced past persecution or has a well-founded 
fear of persecution in that country on account of 
race, religion, nationality, membership in a 
particular social group, or political opinion. 
U.S. law deems the following persons to have been 
persecuted on account of political opinion: a 
person who has been forced to abort a pregnancy or 
to undergo involuntary sterilization, or who has 
been persecuted for failure or refusal to undergo 
such a procedure, or for other resistance to a 
coercive population control program; a person who 
has a well-founded fear that he or she will be 
forced to undergo such a procedure or be persecuted 
for such failure, refusal, or resistance. 
 
58.  (U) Persons admitted to the United States as 
refugees are eligible for initial reception and 
placement assistance from non-government 
organizations (NGOs) funded under cooperative 
agreements with PRM and for other publicly funded 
benefits. 
 
59.  (U) If the host government cannot or will not 
protect the individual from involuntary 
repatriation and UNHCR is unable to intervene, and 
post believes that the person may qualify as a 
refugee, post should contact PRM/A for guidance on 
how to proceed. 
 
PAROLE 
 
60.  (S/NF) Foreign nationals may also travel to 
the United States pursuant to the Secretary of 
Homeland Security's parole authority under Section 
212(d)(5) of the INA.  Parole may be granted based 
on humanitarian or significant public benefit 
grounds.  Authority over humanitarian parole 
requests rests with DHS/USCIS/RAIO/HAB.  Authority 
over Significant Public Benefit Parole (SPBP) rests 
with DHS/ICE.  DHS/ICE/OIA-LEPB has developed 
guidelines in consultation with the Department for 
the processing of SPBP cases.  Guidelines for both 
types of parole are contained in Ref H. 
 
61.  (S/NF) Use of parole for a walk-in may be 
warranted in extraordinary cases, such as when no 
other resolution appears feasible and a walk-in is 
of special interest to the United States, when a 
walk-in is in immediate danger, or when the case is 
politically sensitive.  If post wishes to pursue 
parole for a walk-in, it must submit a request by 
telegram, slugged for INR/CCS, CA/VO/F/P, DRL/MLGA, 
P, and the appropriate regional bureau.  An info 
copy should go to the appropriate DHS bureau. The 
telegram must provide justification for the 
request; include a certification by the COM or the 
Deputy Chief of Mission (DCM) that the information 
provided is complete and accurate; and identify all 
interested agencies at post that were involved in 
reviewing and endorsing the request.  A "CLASS" 
name check must be completed, and all required 
Security Advisory Opinion requests (SAOs) must be 
submitted.  The results of the "CLASS" name check 
should be indicated in the cable. 
 
62.  (U) All financial arrangements for parolees 
must be made in advance.  Post should not make any 
guarantees of such assistance, but should maintain 
a list of possible local sponsors that might be 
willing to assist (e.g., church groups or social 
service agencies in the United States), to contact 
in urgent situations if the parolee first agrees 
and signs a statement authorizing disclosure of 
his/her identity and situation to persons outside 
the U.S. Government.  In some cases the Department 
may also be able to help by contacting private 
organizations in the United States to assist 
parolees upon arrival. 
 
DEFECTORS 
 
63.  (S/NF) For the purpose of this telegram, the 
term "defector" refers to a person of any 
nationality (usually from a country whose interests 
are hostile or inimical to those of the United 
States) who has escaped from the control of their 
home country and is of special interest to the U.S. 
Government.  Defector cases generally are handled 
under parole procedures.  The GRPO will work out 
these arrangements with DHS/ICE and/or post's 
consular section once Washington's approval is 
obtained.  The LEGATT should be notified of 
defector status as soon as practicable. 
 
Section G.  TRAVEL ASSISTANCE 
 
64.  (S/NF) If the appropriate agencies decide that 
a walk-in should be allowed to travel to the United 
States (in any of the capacities described above), 
transportation out of the host country and to the 
United States must be arranged.  Transportation out 
of friendly countries should not pose a problem. 
Post should take appropriate steps, in coordination 
with the host government, to ensure that the 
individual is permitted to travel and protected 
from possible adverse actions (e.g., by their 
country of nationality).  If the individual lacks 
means to pay for transportation, post should 
consult with the Department regarding options. 
Approved refugees are eligible for a transportation 
loan administered by the International Organization 
for Migration (IOM) (the recipient will be 
responsible for eventual repayment).  In 
exceptional circumstances, USG-funded 
transportation assistance for parolees may also be 
possible through IOM.  Requests for such assistance 
should be sent to the Department (specifically 
PRM/A) for consideration. 
 
 
65.  (S/NF) In unfriendly countries, transportation 
out of the country may prove impossible or 
impractical.  In such cases, the individual should 
be informed that if he/she makes their way to a 
more friendly country, the United States will 
consider them for admission.  To the extent 
possible without compromising the confidentiality 
of the individual's request, post should monitor 
the situation and ensure that, if the individual 
leaves the country, he/she is met by USG or UNHCR 
officials at the first possible transit point. 
 
66.  (U) Minimize considered. 
CLINTON