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

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XII. CONCLUSIONS ANDRECOMMENDATIONSThe findings of the Bellevue/NYU-PHR study suggest that the psychologicaland emotional health of detained asylum seekers is poor and thatdetention and treating asylum seekers as criminals is having a harmfulimpact on their health and well-being. This PHR-Bellevue/NYU reportdemonstrates the need for the US to change its policy regarding the widespread,long-term detention of asylum seekers. The findings also raise concernsabout the manner in which asylum seekers are treated upon arrivalin the US and then while in detention, and suggest that detention may becausing further harm to mental health and well-being of this already traumatizedpopulation. Congress should consider shifting responsibility forall asylum seekers to a government agency specializing in asylum orrefugees, such as the Office of Refugee Resettlement, or even the Bureau ofCitizenship and Immigration Services (BCIS) (a shift within the Departmentof Homeland Security from the Bureau of Immigration and CustomsEnforcement (BICE) to BCIS.)The establishment of the Department of Homeland Security (DHS) andthe reorganization of the INS into three bureaus within this departmentcreates a potentially even more confusing bureaucracy for asylum seekersto navigate. Yet this new beginning provides the government the opportunityto give this vulnerable population the treatment they deserve whilealso fulfilling the security mission of the new department. Physicians forHuman Rights and Bellevue/NYU Program for Survivors of Torture recommendthat DHS:I. Ensure Parole For Asylum SeekersAsylum seekers generally should not be detained. The US should changeits practice of automatic, long-term detention of asylum seekers arriving atUS borders. As the Bellevue/NYU- PHR study illustrates, an already traumatizedpopulation is spending months and even years in detention. Longtermdetention does not identify security threats and contravenes dueprocess, international law, and human rights standards. This criminalizationand imprisonment of asylum seekers can have a detrimental impacton the psychological health of asylum seekers which appears to worsenthe longer asylum seekers are detained. Furthermore, many of the asylumseekers participating in this study described incidents of mistreatmentCONCLUSIONS AND RECOMMENDATIONS 183
while in detention, thus adding to their suffering and further weakeningtheir mental health.Once credible fear of persecution has been recognized by trained asylumofficers in interviews conducted shortly after arrival, most asylumseekers can and should be paroled. The government has existing criteriafor the parole of asylum seekers – such as establishing community ties andnot presenting a security risk. Each asylum seeker should receive an individualizeddetermination on parole and detention by a specially trainedofficer, with parole denials reviewed before an immigration judge. Parolecan be accomplished through supervised release or other alternatives todetention that meet both the government’s security needs and the asylumseekers’ needs for community contacts and services.The government itself establishes an asylum seeker’s credible fear.Unless the government then makes an individualized determination thatthe applicant poses a threat to national security or public order, respect forits own judgment, for international law, and for the health concerns of thispopulation, obliges the government to parole asylum seekers.DHS Should Promote and Implement Existing Models of Paroleand Alternatives to Detention for Asylum Seekers, Including Programsof Community-Based OrganizationsParole to community-based organizations and supervised release programshave existed in a few regions and been demonstrated to be successful.The Vera Institute of Justice in New York, Catholic Charities in NewOrleans, Lutheran Immigration and Refugee Services and other DetentionWatch Network agencies in Illinois and Refugee Immigration Ministry(RIM) in Boston all had programs to which the INS released formerlydetained asylum seekers. All the programs had high compliance rates andworked in conjunction with local INS offices. 394For example, the INS funded the Vera Institute of Justice to develop theAppearance Assistance Program (AAP) in New York. Some immigrantswere referred to the AAP instead of remaining in detention. The AAPactively attempted to find social ties, through community-based organizations,family members and friends already in the US, who were willing to“sponsor” or house the immigrant until the time of the hearing. The AAPalso employed “intensive supervision,” requiring the immigrant to frequentlymeet with AAP workers. During visits, workers informed immigrantsof their rights, their duties to appear, and offer necessary referrals.In the event that an immigrant failed to comply with the program, AAP394Detention Watch Network, Comment Letter on “Intensive Supervision Appearance Program”(ACB-3-0033) to DHS, 29 May, 2003; Personal communication with Ruth Bersin,Director of Refugee Immigration Ministry, May 7, 2003.184 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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substantial distance from their att
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eported that her experience in dete
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e somatic manifestations of the psy
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Case #2 (JG): “Health Care in Cha
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TABLE 11:Detainee Perceptions of He
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TABLE 13:Availability and Quality o
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detainees, or because they did not
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Difficulty Obtaining Specialized Ca
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Another detained asylum seeker repo
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One detainee who speaks French and
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Detention Facilities in this StudyS
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even though many reported having ex
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CASE #3 (HN): “SOLITARY CONFINEME
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Here, I’m scared. In [the detenti
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emote control and watch what he wan
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Whenever someone misbehaves, they t
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This subject was himself threatened
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One detainee reported several incid
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Some Process Exists to Respond to R
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There were no witnesses other than
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tion. An INS officer said they put
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There is an Anglican minister who c
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The dentists didn’t explain anyth
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Page 143 and 144: Case #4 (LK): “Fifteen-Year-Old G
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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
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
Page 165 and 166: trast, under US law, detention of s
Page 167 and 168: nation for an asylum determination
Page 169 and 170: very negative effects of detention
Page 171 and 172: authority to grant asylum and with
Page 173 and 174: absconding.” 250 Since the passag
Page 175 and 176: said “[F]reedom from imprisonment
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
Page 185 and 186: specified procedures, provided they
Page 187 and 188: PunishmentThe Detention Standard on
Page 189 and 190: any time the detainee complains.”
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Page 195 and 196: Establish a Uniform National Parole
Page 197 and 198: that effect. These officers should
Page 199 and 200: Besides their inaccuracy, these exa
Page 201 and 202: friends so asylum seekers can maint
Page 203 and 204: appropriate staffing of such groups
Page 205 and 206: efugees and asylum seekers who win
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Page 209 and 210: of thorough documentation. However,
Page 211 and 212: Human development is complex and di
Page 213 and 214: 18. Country from which fleeing pers
Page 215 and 216: 9. Being close to death.10. Forced
Page 217 and 218: Complete for each health problem:5.
Page 219 and 220: Explain:(Interviewer: Write brief n
Page 221 and 222: 2. Depression SymptomsA How much we
Page 223 and 224: B. You said that you have experienc
Page 225 and 226: Explain:13. How was your physical h
Page 227 and 228: Yes ...........1No............22. W
Page 229 and 230: Explain:20. At the time of your arr
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