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esults of the exams. Nevertheless, “when the exact age is uncertain, thechild should be given the benefit of the doubt.” 172In contrast, the INS defends its use of dental X-rays by invoking fearsabout public safety and terrorist attacks: “What if a terrorist who was 19said he was 16 and an orphan and the story didn’t check out, but wereleased him and he went out and blew up a building? Would it be hisattorney that would take the fall? I don’t think so.” 173 Yet the BushAdministration’s INS Commissioner acknowledged the controversy surroundingthe exams; in early 2002, he announced that the agency wasreviewing the age assessment policy. 174 Because of the variability of theseexams, both the US State Department and the Health and Human ServicesDepartment have stopped using the exams. 175The US legal system recognizes the necessity of treating immigrantminors distinct from adults, a necessity delineated also in internationallaw. 176 In fact, in the Homeland Security Act, Congress moved responsibilityfor unaccompanied minors to the Health and Human Services Department,instead of keeping it with the Department of Homeland Security, which hasassumed other functions of the INS. 177 Unfortunately, most of the 5300 childrenin INS custody were held in secure detention facilities, often with juvenilesin the criminal justice system, according to a report published inFebruary 2003. 178 The Homeland Security Act encourages Office of RefugeeResettlement (ORR) to use the refugee children foster care system for theplacement of unaccompanied minors, 179 but it is still unclear whether thiswill change the detention practices of the federal government.International standards clearly prioritize the best interests of the child,and detention does not serve those interests. “Minors who are asylumseekers should not be detained,” according to the UNHCR. 180 “Because172UNHCR, Refugee Children Guidelines, Chapt. 8, Sec. I173Solomon, A. Kids in Captivity: Scared and Alone, Nearly 5000 Children Wind Up in INSDetention Each Year, The Village Voice, February 27-March 5, 2002, quoting INSSpokesperson Karen Kraushaar.174INS, James W. Ziglar Speaking at National Immigration Forum, February 1, 2002. Availableat www.ins.usdoj.gov/graphics/ziglarnif.pdf. Accessed December 10, 2002.175Elsner, Dentist Settles Fate; Elsner, Harsh Fate.176UNHCR’s Guidelines on applicable Criteria and Standards relating to the Detention ofAsylum Seekers, 1999 [UNHCR Guidelines]Guideline 6: Detention of Persons under the Ageof 18 years, citing the UNHCR Refugee Children Guidelines and the Convention on theRights of the Child.177The Homeland Security Act, 2002 (PL 107-296) [Homeland Security Act].178Chris Nugent, The INS Detention Standards: Facilitating Legal Representation andHumane Conditions of Confinement for Immigration Detainees, Immigration CurrentAwareness Newsletter of the National Lawyers Guild, Feb. 3, 03 [Nugent, INS Detention]179US Committee for Refugees, Refugee Reports, Volume 24, Number 1 January/February2003AGE DETERMINATIONS/DENTAL EXAMINATIONS 133
Case #4 (LK): “Fifteen-Year-Old Girl Imprisoned”LK was 15 years old when she arrived in the United States. Her adolescencewas marred by political upheaval in her African homeland.After the political killing of her father and subsequent arrest of herguardians, she was assaulted by a man who offered her shelter. Whenher mother, who lived in Canada, sent a ticket and passport to join herthere, LK boarded a plane to New York, where a friend was to meether. However, her attempt to reunite with her mother was blocked bythe INS, which confined her in an adult detention facility for sixmonths.When LK arrived in the US, she was interviewed in a busy, openarea in handcuffs and shackles. LK spoke little English, and was providedwith a translator whose language skills she described as “verypoor.” The interviewing officers did not explain her right to apply forasylum. She described one of the interviewing INS officers as hostile:When the [officer] came she said I was lying. She was yelling at meand I didn’t understand a lot of what she said, but I understoodwhen she said I was lying.Finally, LK was subjected to a dental examination - a highly controversial,method of determining a person’s age (See Chapter VIII:Age Determinations)[The officers] asked me where I was going. I said to my motherwho was in Canada. They asked me who the passport belongedto and I said I didn’t know. They asked me how old I was. I toldthem 15. A woman in uniform said I was lying. Then they toldme, ‘We’re going to see if you’re 15.’ Then they brought me tothe dentist.According to the examination results, LK was 23 years old: eightyears older than the age ultimately accepted by Canadian officials,and old enough for detention in an adult facility. LK was taken todetention in shackles. The girl was tearful as she described her shockand fear when she realized her destination was essentially a prison:I didn’t expect to be put in prison, arrested. I thought I had beenabandoned and left alone.LK complained of the guard’s poor treatment of detainees. Shereported being yelled at by guards, and was disturbed to hear themthreatening fellow inmates with segregation.134 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
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TABLE 4:Prevalence of Pre-Migration
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on a part time basis, researchers w
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Case #1(DK): “Loneliness and Fear
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TABLE 6:Hopkins Symptom Checklist-2
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TABLE 8:Harvard Trauma Questionnair
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think such services were available.
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When I am talking to you now it is
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After being granted asylum and rele
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“Being here is like going through
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In my country even though I became
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how long they were there - six mont
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Thoughts of SuicideSeveral asylum s
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here?’ I told the doctor, they br
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Another subject reported a positive
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Page 93 and 94: eported that her experience in dete
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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
Page 115 and 116: Detention Facilities in this StudyS
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
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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
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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
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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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Page 167 and 168: nation for an asylum determination
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Page 171 and 172: authority to grant asylum and with
Page 173 and 174: absconding.” 250 Since the passag
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Page 177 and 178: Standards relevant to this study ar
Page 179 and 180: “detained person” generally as
Page 181 and 182: which they are charged and a fair h
Page 183 and 184: esponse to substantial public press
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Page 187 and 188: PunishmentThe Detention Standard on
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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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