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At a minimum, adequate safeguards should include insuring that asylumseekers can communicate in their own languages when speaking withDHS officials and that non-citizens are adequately informed of their rightto asylum. Individuals interacting with potential asylum seekers at pointsof entry, especially officers who conduct the interviews, should receiveappropriate training. DHS should ensure that all potential asylum seekersare adequately informed of their right to apply for asylum. Privacy shouldbe ensured during any interviews and asylum seekers should not be shackledduring interviews or waiting periods. Given the findings, outside monitoringof these procedures at points of entry, such as airports, is urgentlyneeded and should be permitted.III. Unaccompanied Minors Should Not Be in Detention and Dentaland X-Ray Examinations Should Not Be Used to Determine aYoung Person’s AgeUnaccompanied children asylum seekers lack legal representation and areoften subjected to detention in adult facilities. The INS had regularly subjectedindividuals who said they were under 18 to dental and X-ray examsto determine age, although medical experts have routinely discredited theaccuracy of such tests. Dental tests should not be relied on to determine age;in the absence of evidence, asylum seekers who claim to be under 18 shouldbegin their legal processing through the mechanisms designated for minors.Whenever possible, juvenile detention facilities should release unaccompaniedminors to foster care. Minors should also be provided withguardians ad litem and legal representation to ensure that their protection,through Congressional allocation of funding and/or linkage with probonolegal groups.IV. Treatment and Conditions Must Improve for Those AsylumSeekers who are DetainedConditions under which asylum seekers are confined must be consistentwith established international human rights and confinement standards.The former INS’ development of Detention Standards was an importantstep and DHS should ensure that facilities adhere to the Detention Standards.However, further efforts must be made to insure humane conditions.Segregation/solitary confinement should be restricted to cases whereit is absolutely necessary for the safety of the asylum seeker or the facility.Asylum seekers should not be confined with those incarcerated throughthe criminal justice system. Officers and staff working in facilities whereasylum seekers are detained should be made aware of the non-criminalnature of their incarceration, and receive specialized training in workingwith this unique population. Detention centers should be less restrictive,allowing greater freedom of movement, access to visitation, access to personalbelongings, and freedom for religious practice.EXECUTIVE SUMMARY 19
Non-governmental organizations serving immigrant and refugee populationsshould be allowed to regularly visit detainees and provide services.These organizations, along with families and friends of asylum seekers,should be allowed increased access.V. Improve Access to and Quality of Health Services, IncludingMental Health Services, to Detained Asylum SeekersAdequate mental health services should be made available to detained asylumseekers. This includes individual and group counseling as well asappropriate evaluation and prescription of medications. Detained asylumseekers should be made aware of the availability of such services. Additionally,non-governmental organizations willing to provide psychosocialsupport for detained asylum seekers should be allowed appropriate accessto detention facilities.Detainees should have improved access to specialized medical services,including adequate dental care. Medical personnel should receive specializedtraining in caring for asylum seekers, which includes identifying andresponding to survivors of torture and persecution and addressing theirpsychosocial needs. DHS should ensure adequate outside review of itshealth care including expertise for the special health care needs of asylumseekers. In making decisions about parole, DHS should give increasedconsideration to the mental health of detained asylum seekers. Furthermore,inadequate access to needed specialized medical services, as well asmental health services, should constitute grounds for parole.It must be acknowledged that the circumstances of detention can significantlyimpede a detained asylum seeker’s recovery from mental distressand/or mental disorders such as PTSD and major depression that they maybe suffering due to traumatic experiences in their country of origin. Likewise,it must be acknowledged, that the circumstances of detention mayprecipitate PTSD and major depression among individuals who were previouslycoping with traumatic events experienced in their countries of origin.Indeed, because the conditions of detention may be so deleterious tothe mental health of asylum seekers, significant changes inthe detention system should be undertaken as soon as possible. If the USgovernment continues to insist that asylum seekers be detained, alldetained asylum seekers should be provided with humane surroundings,psychosocial support, on-going information about their status, and contactwith families and the outside world (including legal counsel).VI. Other RecommendationsBased on the findings of this study, Bellevue/NYU and Physicians forHuman Rights also recommend that the following measures be implementedto insure a humane immigration process:20 FROM PERSECUTION TO PRISON
Page 2 and 3: From Persecution to Prison:The Heal
Page 4 and 5: CONTENTSAcknowledgements . . . . .
Page 6: The Bellevue/NYU Program for Surviv
Page 9 and 10: don, Miranda Ip, and Meriam Alrashi
Page 11 and 12: Significant symptoms of depression
Page 13 and 14: Detained asylum seekers participati
Page 15 and 16: persecution, yet most emphasized ho
Page 17 and 18: In many facilities, the response to
Page 19 and 20: years in detention, she finally got
Page 21 and 22: abuse For example, while being take
Page 23 and 24: They didn’t let me use the phone
Page 25 and 26: intensely personal events they had
Page 27: Limitations of this study include t
Page 31 and 32: 22 FROM PERSECUTION TO PRISON
Page 33 and 34: the late 1990s ranging from 10 to 7
Page 35 and 36: Historical BackgroundFor most of th
Page 37 and 38: international standards with the 19
Page 39 and 40: apply for asylum make up the majori
Page 41 and 42: tion judge. 57 Yet in many parts of
Page 43 and 44: York and Newark, New Jersey has had
Page 45 and 46: trict began denying parole to them
Page 47 and 48: Correctional Facility in 2000. “[
Page 49 and 50: men of which 750 were detained on i
Page 51 and 52: from that same country from seeking
Page 53 and 54: Detention Facilities in this StudyF
Page 55 and 56: high reliability in numerous langua
Page 57 and 58: 48 FROM PERSECUTION TO PRISON
Page 59 and 60: York County Prison in York Pennsylv
Page 61 and 62: 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
Page 113 and 114:
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
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:
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.”
Page 191 and 192:
Page 193 and 194:
while in detention, thus adding to
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
Page 207 and 208:
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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