From Persecution to Prison - Bellevue/NYU Program for Survivors of ...

“There is no political asylum here. No asylum! No asylum!” anotherdetainee reported being told at the airport by an INS official. The asylumseeker added: “After, I was trembling, I became very frightened.” Thisindividual was tortured in his country of origin and had several familymembers who were killed because of their peaceful political activities. Hewas later granted political asylum in the US but not before spending ninemonths in INS detention.Learning their RightsIn order to avoid immediate deportation under US expedited removalprocedures, asylum seekers arriving at airports or other ports of entrywithout proper identification documents must explicitly indicate thatthey fear returning to their country or are seeking asylum. US regulationsdirect that asylum seekers be informed that they have an opportunity toexplain any intention to seek asylum or fear of persecution they mighthave. Forty-five individuals (66%) reported that the INS did not adequatelyexplain their right to asylum. For example, one asylum seekerreported that he was never informed at the airport of his right to applyfor political asylum:They brought me a paper to sign. They said, ‘Just sign this and go backto your country.’ They told me I was going home on the next flight. Iwas scared. They tried to get me to sign something which was half coveredup by another paper…Only the signature line was open to sight.Another asylum seeker who fled his homeland after arrest and tortureby police said his right to asylum was not explained to him. “I never askedabout asylum because I intended to go to Canada,” he explained.According to another asylum seeker, the right to apply for political asylum“was not explained, and then when we asked if we could apply forasylum, they said, ‘Sure, it’s possible to apply. But there’s no chance foryou.’”“You Africans tell a lot of lies,” one interviewee reportedly was told byan INS officer upon arrival. Faced with this attitude, “I had to fight for anasylum application,” the asylum seeker said.One detainee described the following:The immigration officer who was interviewing me told me that I waslying and said shut up you are going to prison. I want to tell him why Ihave a passport that is not mine, but I was not given the chance. He justsaid, ‘Shut up, you are going to jail.’ I wanted to explain to him why Icould not go back to my country… I was put in handcuffs. I was treatedlike a criminal. They kept telling me that they are going to send me backand that frustrated me. I was confused, I was afraid, and when I think I140 FROM PERSECUTION TO PRISON