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INS Coverage<br />

Detained immigrants at an INS<br />

facility in San Pedro, California face<br />

deportation to home countries they<br />

left as young children. Those pictured<br />

are from the countries of Vietnam,<br />

Laos and Cambodia, all places that<br />

lack sufficient diplomatic relations<br />

with the United States and as a result<br />

do not accept the return of INS detainees.<br />

The INS cannot deport them and<br />

won’t release them. So they remain in<br />

detention indefinitely. Hence their<br />

name, indefinite detainees or “lifers.”<br />

—S.R.<br />

Farhana, a young Pakistani Muslim<br />

woman, came to the United States<br />

in September 2000 fearing for her life.<br />

Because her family believed that she<br />

had shamed them, they beat her, confined<br />

her, and threatened her with<br />

“honor killing.” Determined to flee<br />

Pakistan but with no hope of obtaining<br />

proper identification and travel<br />

documents on her own, Farhana<br />

turned to unscrupulous smugglers who<br />

provided her with false documents<br />

and an airline ticket to the United<br />

States and advised her to file a false<br />

application for asylum upon her arrival.<br />

When she attempted to enter the<br />

country using the false documents,<br />

the INS detained her.<br />

Following the smugglers’ instructions,<br />

Farhana made a false application<br />

for asylum in the immigration<br />

court. But before the judge ruled on her case, she recanted the false claim and made a new application for asylum in the court based on her true<br />

circumstances. In September 2001, following a prolonged and complicated asylum hearing, the immigration judge denied Farhana’s asylum<br />

application, finding that she was disqualified from asylum due to her earlier false application. Nonetheless, the judge was convinced that Farhana<br />

would be persecuted if she were returned to Pakistan and granted her application for withholding of removal.<br />

At this point, the INS continued to detain Farhana at the Wicomico County Detention Center in Maryland. The events of September 11 further<br />

complicated her custody situation: Shortly after the attacks the FBI questioned her several times at length, and the INS chose to appeal the judge’s ruling.<br />

Finally this spring, after more than 18 months in detention, the Board of Immigration Appeals upheld the INS’s appeal of the judge’s grant of withholding<br />

of removal, dismissed an appeal of the judge’s denial of asylum, and ordered Farhana deported to Pakistan. She was deported in June 2002. A Pakistani<br />

interpreter who assisted her lawyer on the case recently expressed that he does not expect Farhana to live more than six months after returning there.<br />

—S.R.<br />

Photos by Steven Rubin.<br />

22 <strong>Nieman</strong> Reports / Winter 2002

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