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

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view in a separate room or other appropriate place where the conversationis private and confidential.Inform Arriving non-Citizens of Their Right to AsylumThose fleeing persecution may not understand or be aware of the legalconcept of asylum. Their lack of understanding may cause them to bedenied this fundamental right. In the first encounter, before being told thatthey are being returned, immigration officials should underscore the factthat applying for asylum, even when an immigrant arrives in the US withoutdocumentation, is a fundamental human right and is not a crime.Written materials in a variety of languages concerning asylum should beavailable and distributed.Stop Shackling Arriving Asylum SeekersStudy participants repeatedly commented about the humiliation and mistreatmentthey suffered as a result of being shackled, often in public view,upon arrival. DHS officials should be able to monitor the room or locationwhere arriving asylum seekers are held without needing to have individualsshackled. Some form of security may be needed during transport.However, shackling with leg irons, chains and other metal restraints isinappropriate for such a traumatized population and a violation of internationalstandards.Improve Interview Process at the Airport or Other Port of EntryDHS should revise the process for handling non-citizens who arrive withoutproper documentation. Immigration officials should have a reasonablespace for the people to sit, the equivalent of a waiting room. Furthermore,asylum seekers should be fully informed of the asylum process, the potentialfor detention, the upcoming credible fear interview, the desirability ofhaving a lawyer and their eligibility for parole.III. Dental and X-Ray Examinations Should Not Be Used To Determine A YoungPerson’s AgeMedical experts have routinely discredited the accuracy of dental and X-ray exams to determine age. Yet the INS regularly subjected individualswho said they were under 18 years of age to such tests. Three study participantsreported being subjected to these exams, and based on theirresults, were placed in adult facilities. In one case, study doctors documentedthe poor mental health of a girl who said she was 15, but wasdetained for six months in an adult facility. After approximately sixmonths, the INS released her and she was reunited with her mother inCanada where their testimonies and other evidence led Canada to grantthe girl asylum and accept her age at that time as 16.CONCLUSIONS AND RECOMMENDATIONS 189
Besides their inaccuracy, these exams raise ethical concerns about issuesof consent and medical information communicated to those subjected tothese exams. Furthermore, the UNHCR reflecting international humanrights standards, states that in the absence of information verifying age,due process places the burden of proof on immigration officials. Accordingto UNHCR guidelines, “The child should be given the benefit of thedoubt if the exact age is uncertain.” 401 There is seldom a legitimate reasonwhy a young unaccompanied asylum seeker’s stated age cannot beaccepted for initial processing into the Office of Refugee Resettlement,instead of adult detention, until further information can be obtained.Unaccompanied Minors Should Not be in DetentionUnaccompanied children asylum seekers lack legal representation and areoften subject to detention. As with adults, minors should be paroled,placed in special programs such as with foster families or other appropriatesettings. In the past, the INS has held unaccompanied children in juveniledetention facilities. Programs should be implemented that ensure thatthese children are not detained.IV. Treatment and Conditions Must Improve For Those Who Are DetainedMany asylum seekers feel a profound physical and emotional vulnerabilityas a result of experiencing persecution in their home countries, and thismust be factored into their treatment. Their arrival without proper documentationis not a crime, either under US or international law, and thereforeit is inappropriate for asylum seekers to be treated as if they arecriminals.A majority of asylum seekers in this study described some sort of mistreatment.This mistreatment frequently violate established standards, andcontributed to the poor psychological health of asylum seekers.Formally Adopt the Former INS Detention Standards, Preferablyas Regulations, and Ensure That Conditions in all FacilitiesShould Comply with These StandardsThe conditions of detention for asylum seekers should be consistent withestablished international human rights and confinement standards. Tothat end, the INS’s development and implementation of uniform detentionstandards has been a significant positive step, even if they do not fullycomply with international standards in all their details. DHS should maintainand adhere to these standards, at a minimum. Optimally, DHS shouldcodify the standards as regulations.However, these standards are designed for all immigration detainees,401UNHCR, Guidelines on Policies and Procedures in dealing with Unaccompanied ChildrenSeeking Asylum, Geneva, Feb. 1997, sec. 5.11.190 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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tion between dental age and chronol
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Case #4 (LK): “Fifteen-Year-Old G
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Page 147 and 148: TABLE 16:Treatment/Abuses Reported
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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 173 and 174: absconding.” 250 Since the passag
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Page 177 and 178: Standards relevant to this study ar
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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
Page 189 and 190: any time the detainee complains.”
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Page 193 and 194: while in detention, thus adding to
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Page 197: that effect. These officers should
Page 201 and 202: friends so asylum seekers can maint
Page 203 and 204: appropriate staffing of such groups
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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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