ttp://us.rediff.com/channels/news/local/article.asp?subcat=LAW&htmpage=%2Fpublish%2Fnews%2Fnorth+american+news%2Flaw%2Fautism23%2Ehtml&caption=10%2DYear%2DOld+Boy+Wins+Political+As ylum&recid=7411&objid=310243
10-Year-Old Boy Wins Political Asylum
By J.M. SHENOY
2/22/2001
In a decision with far-reaching consequences, immigration officials in
Chicago finally granted political asylum this week to Umair Choudhry,
ending a legal nightmare for his mother, who has been fighting battles
for over three years.
Umair is not a child soldier from South Asia, nor is his family is into
politics.
But his mother, Farah, says that he has been treated as a possessed
person in their native Pakistan. His disease is judged to be God’s
punishment. Back home he will not only continue to be hounded but also
will be confined to a mental institution, she fears.
“I don’t want him to spend his life in a pagalkana (mental asylum),” she
says.
Umair suffers from autism, an incurable brain disorder that prevents
much higher order functioning and causes him to harm himself.
He is often wears a helmet and gloves so he does not scratch himself.
His mouth is also covered so he will not bite himself.
“My son is not an animal,” his mother has said often. “But people in
Pakistan say that an evil spirit makes him hurt himself.”
Neither Farah, nor her other son, 16-year-old Ahsan, have yet received
asylum. But INS officials said their application was under review.
The INS decision disclosed early this week drew the wrath of groups,
such as the Federation of American Immigration Reform, that seek to
restrict immigration.
Leaders of FAIR, through their spokesperson David Ray, suggested that
the INS decision had trivialized refugee issues.
People should not be granted asylum just because their neighbors or
school friends taunt them, Ray said.
FAIR’s executive director Dan Stein told reporters last year, “suddenly
every group seeking to legitimize their cause is filling for asylum.
“The point of asylum is not to provide medical care.”
The Immigration and Naturalization Act says people could seek asylum if
they face persecution or well-founded fear of persecution because of
their race, religion, nationality, membership in a particular social
group or political opinion.
Persecution based on sexual orientation is also considered for refugee
pleas.
But organizations such as Mental Disability Rights International have
been asking for political refugee status for people like Umair Choudhry
because they say many countries do not protect disabled people from
abuses. The advocates call abuses against the disabled a violation of
human rights.
But FAIR and like-minded organizations do not have to worry about
immigrant floodgates thrown open anytime soon.
Immigration authorities cautioned on Thursday that Umair’s legal victory
does not automatically grant asylum to other disabled children.
Asserting that Umair got the asylum because of the persecution of his
disability, Robert Esbrook, INS director in Chicago, said: “He fits the
classic definition of a refugee.”
Farah Choudhry, who came to America four years ago, initially sought
treatment for her son with the help of her immigrant brother. Though
there was no improvement in Umair’s condition, she returned to Pakistan
two years ago to join her husband and other members of the family. But
his condition worsened. And so did the attitude of not only the
neighbors but also some family members. Her own close friends hid their
children when Umair passed by, telling them that the “mad boy” was
approaching.
Since her return and enrollment of Umair at a Chicago school for
severely disabled children, Farah has been depending not only on
relatives and friends but also on the kindness of strangers. The
treatment costs over $20,000 a year—and if the condition worsens, it
could reach $100,000. The New Horizon Center where he studies charges
about $25,000 a year.
But as a citizen, Umair is now entitled to many medical benefits.