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VII. TREATMENT IN DETENTIONFACILITIESAs evident from this study, asylum seekers-individuals fleeing persecution,including torture in their countries of origin- arriving in the United Statesare often treated as criminals. They are held in prison-like facilities formonths or even years awaiting final decisions on their asylum applications.Detained asylum seekers found the prison environment of INS detentionextremely stressful and often reminiscent of the persecution/imprisonmentthey had experienced in their countries of origin.While most asylum seekers described their overall treatment by detentionstaff as neutral or good, approximately one quarter of study participantsreported generally being treated poorly. However, even individualswho reported generally being treated well, nevertheless found detention,and being treated as a criminal, to be demeaning and disturbing. Moreover,many individuals reported experiencing at some time while in detentiona variety of specific indignities, notably verbal abuse as well as theseemingly arbitrary use of segregation (i.e. solitary confinement) as bothpunishment and threat. Reports of physical abuse, though much less frequent,were not altogether absent.The frequent use of segregation and the threat of segregation is a matterof particular concern. Such treatment is a common form of abuse forpolitical prisoners in many parts of the world. In fact, 40% of the individualsinterviewed for this study reported having experienced forced isolationas part of their persecution in the countries from which they fled (SeeChapter IV: Characteristics of Study Participants). Thus, solitary confinementin immigration detention facilities is potentially retraumatizing.Asylum seekers repeatedly voiced shock and dismay that upon arrivingin the United States, a country which they thought embraced democracyand human rights, they were imprisoned. As noted in the narratives,detained asylum seekers believe, and are likely correct, that detentionfacilities staff do not necessarily understand that asylum seekers come tothe United States fleeing persecution. Reported comments frequently madeby detention center staff, such as “If you don’t like the way things arehere, you can go back to your country,” are evidence of this. Such behaviorspeaks to the need for adequate training of detention center staff withregard to who these detainees are, and policies for preventing and addressingsuch problems.TREATMENT IN DETENTION FACILITIES 105
Detention Facilities in this StudySubjects interviewed for this study were detained in one of two types offacilities: private corporate- run detention centers (the Elizabeth DetentionCenter, in Elizabeth New Jersey, and the Wackenhut Detention Center inQueens New York) and county jails/prisons (York County Prison in Pennsylvania,Carbon County Jail in Pennsylvania and Hudson County Jail inNew Jersey) In both types of facilities, asylum seekers were typically subjectedto the same policies as criminal populations, including beingrequired to wear prison uniforms, and being handcuffed and or shackledwhen transported outside of facilities.The private facilities where surveys were conducted were high-security,virtually windowless converted warehouses, managed similarly to the jailsoperated by the same contractors. Visitation was allowed only on weekendsand holidays through a glass barrier and recreation was limited to 1-2 hoursper day in rooms open to the outside only through mesh in the ceiling.Ironically, the county jails which held asylum seekers sometimes hadbetter conditions than the private detention centers in terms of freedom ofmovement, recreation and visitation access. However, in these jails asylumseekers often shared prison cells with convicted criminals, including violentoffenders. York County prison does have a unit where asylum seekersare often, but not always separately housed.Survey FindingsTreatment while in INS detention, including the frequency of reportedabuses are presented in Table 15. Most study participant described theirtreatment, in general, by detention facility staff as either being neutral(43%) or being treated well (33%). However, 24% of the study participantscharacterized their overall treatment while in detention as poor.Moreover, detained asylum seekers frequently reported having experiencedspecific incidents of mistreatment while in detention. As evidentfrom the detainees’ narratives (see below), such treatment resulted in additionalsuffering to individuals already traumatized in their countries oforigin as well as by being incarcerated upon arrival in the US. Fifty fourpercent of the detainees reported experiencing verbal abuse and 66%reported witnessing verbal abuse of others while they were in detention.Six of the 70 study participants (9%) reported experiencing at least oneincident of physical abuse inflicted by detention center staff.Segregation and the threat of segregation were also frequently reportedby detainees. Forty percent reported having been threatened with segregationand 26% were actually placed in segregation at some time duringtheir detention. Furthermore, almost all individuals had either witnessedother individuals being placed in segregation (87%) or being threatenedwith segregation.106 FROM PERSECUTION TO PRISON
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From Persecution to Prison:The Heal
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CONTENTSAcknowledgements . . . . .
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The Bellevue/NYU Program for Surviv
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don, Miranda Ip, and Meriam Alrashi
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Significant symptoms of depression
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Detained asylum seekers participati
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persecution, yet most emphasized ho
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In many facilities, the response to
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years in detention, she finally got
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abuse For example, while being take
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They didn’t let me use the phone
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intensely personal events they had
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Limitations of this study include t
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Non-governmental organizations serv
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22 FROM PERSECUTION TO PRISON
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the late 1990s ranging from 10 to 7
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Historical BackgroundFor most of th
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international standards with the 19
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apply for asylum make up the majori
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tion judge. 57 Yet in many parts of
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York and Newark, New Jersey has had
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trict began denying parole to them
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Correctional Facility in 2000. “[
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men of which 750 were detained on i
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from that same country from seeking
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Detention Facilities in this StudyF
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high reliability in numerous langua
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York County Prison in York Pennsylv
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TABLE 2:Demographic Characteristics
Page 63 and 64: TABLE 4:Prevalence of Pre-Migration
Page 65 and 66: on a part time basis, researchers w
Page 67 and 68: Case #1(DK): “Loneliness and Fear
Page 69 and 70: TABLE 6:Hopkins Symptom Checklist-2
Page 71 and 72: TABLE 8:Harvard Trauma Questionnair
Page 73 and 74: think such services were available.
Page 75 and 76: When I am talking to you now it is
Page 77 and 78: After being granted asylum and rele
Page 79 and 80: “Being here is like going through
Page 81 and 82: In my country even though I became
Page 83 and 84: how long they were there - six mont
Page 85 and 86: Thoughts of SuicideSeveral asylum s
Page 87 and 88: here?’ I told the doctor, they br
Page 89 and 90: Another subject reported a positive
Page 91 and 92: substantial distance from their att
Page 93 and 94: eported that her experience in dete
Page 95 and 96: 86 FROM PERSECUTION TO PRISON
Page 97 and 98: e somatic manifestations of the psy
Page 99 and 100: Case #2 (JG): “Health Care in Cha
Page 101 and 102: TABLE 11:Detainee Perceptions of He
Page 103 and 104: TABLE 13:Availability and Quality o
Page 105 and 106: detainees, or because they did not
Page 107 and 108: Difficulty Obtaining Specialized Ca
Page 109 and 110: Another detained asylum seeker repo
Page 111 and 112: One detainee who speaks French and
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Page 117 and 118: even though many reported having ex
Page 119 and 120: CASE #3 (HN): “SOLITARY CONFINEME
Page 121 and 122: Here, I’m scared. In [the detenti
Page 123 and 124: emote control and watch what he wan
Page 125 and 126: Whenever someone misbehaves, they t
Page 127 and 128: This subject was himself threatened
Page 129 and 130: One detainee reported several incid
Page 131 and 132: Some Process Exists to Respond to R
Page 133 and 134: There were no witnesses other than
Page 135 and 136: tion. An INS officer said they put
Page 137 and 138: There is an Anglican minister who c
Page 139 and 140: The dentists didn’t explain anyth
Page 141 and 142: tion between dental age and chronol
Page 143 and 144: Case #4 (LK): “Fifteen-Year-Old G
Page 145 and 146: 136 FROM PERSECUTION TO PRISON
Page 147 and 148: TABLE 16:Treatment/Abuses Reported
Page 149 and 150: “There is no political asylum her
Page 151 and 152: I was crying. I was so afraid with
Page 153 and 154: save her life, but was not able to
Page 155 and 156: Case #5 (CR): “Begging for Mercy
Page 157 and 158: ehind and told me to sign. He physi
Page 159 and 160: days and it is now 2 years and four
Page 161 and 162: viewers asked for additional inform
Page 163 and 164: y study participants. In evaluating
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trast, under US law, detention of s
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nation for an asylum determination
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very negative effects of detention
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authority to grant asylum and with
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absconding.” 250 Since the passag
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said “[F]reedom from imprisonment
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Standards relevant to this study ar
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“detained person” generally as
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which they are charged and a fair h
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esponse to substantial public press
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specified procedures, provided they
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PunishmentThe Detention Standard on
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any time the detainee complains.”
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while in detention, thus adding to
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Establish a Uniform National Parole
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that effect. These officers should
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Besides their inaccuracy, these exa
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friends so asylum seekers can maint
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appropriate staffing of such groups
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efugees and asylum seekers who win
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of thorough documentation. However,
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Human development is complex and di
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18. Country from which fleeing pers
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9. Being close to death.10. Forced
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Complete for each health problem:5.
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Explain:(Interviewer: Write brief n
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2. Depression SymptomsA How much we
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B. You said that you have experienc
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Explain:13. How was your physical h
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Yes ...........1No............22. W
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Explain:20. At the time of your arr
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