Another re<strong>for</strong>m was the establishment <strong>of</strong> the Asylum Corps in 1990, apr<strong>of</strong>essional group <strong>of</strong> asylum <strong>of</strong>ficers with special training in internationalhuman rights conditions and refugee and human rights law. However,changes such as the ABC settlement quickly led <strong>to</strong> an increase in asylumapplications that exceeded the volume <strong>of</strong> cases the corps <strong>of</strong> asylum <strong>of</strong>ficerswas expected <strong>to</strong> handle. 41Meanwhile, several high-pr<strong>of</strong>ile crimes by asylum seekers contributed<strong>to</strong> a growing backlash against asylum seekers and other immigrants. In1993, a <strong>for</strong>eign gunman, an asylum seeker, killed two CIA agents outsideits Virginia <strong>of</strong>fices. The same year, in the first terrorist attack in New YorkCity, another asylum seeker was implicated in a car bomb explosionbeneath the World Trade Center. 42 Other events stressed the immigrationsystem. In 1993, a boat carrying about 300 Chinese migrants ran aground<strong>of</strong>f Long Island. 43 In 1994, masses <strong>of</strong> Cubans and Haitians again fled theircountries by boat, leading <strong>to</strong> interception at sea <strong>of</strong> about 32,000 Cubansand 12,000 Haitians. The US held them in “safe havens,” primarily at theUS Navy’s Guantanamo military base on the island <strong>of</strong> Cuba, while theirasylum applications and status were reviewed. 44In 1993, President Clin<strong>to</strong>n ordered a major overhaul <strong>of</strong> the INS <strong>to</strong>speed up the asylum process, reduce the backlog <strong>of</strong> cases, and discourageabuse <strong>of</strong> the system. This led <strong>to</strong> new regulations in 1995 that changed thequalifications <strong>for</strong> temporary work permits, denying them <strong>to</strong> aliens filingaffirmative asylum claims. 45<strong>From</strong> the mid-1990s, the US became less receptive <strong>to</strong> asylum seekers.Asylum applications filed with the INS had generally risen over the previoustwo decades, from fewer than 2,500 applications in 1975 <strong>to</strong> a peak inFY 1995 <strong>of</strong> 154,464. 46 However, since the 1995 regula<strong>to</strong>ry re<strong>for</strong>ms andpassage <strong>of</strong> the 1996 Illegal Immigration Re<strong>for</strong>m and Immigration ResponsibilityAct, asylum applications dropped, falling <strong>to</strong> 55,428 in 1998, 47 and49,462 in FY 2000. 48 People who enter the US and then some time later41Lawyers Committee <strong>for</strong> Human Rights, Is This America? The Denial <strong>of</strong> Due Process <strong>to</strong>Asylum Seekers in the United States, Oct. 2000, Sec.I,B [LCHR, Is This America]42Gregg Beyer, Striking a Balance: The 1995 Asylum Re<strong>for</strong>ms “A Walk Down AnotherStreet”, p.10.43His<strong>to</strong>rical Perspectives, p.1244Schwartz, E Practicing at Home What We Preach Abroad: Lessons on Refugee Policy fromthe Clin<strong>to</strong>n Administration, George<strong>to</strong>wn Journal <strong>of</strong> International Affairs, Winter/Spring2002, p. 15-17, available at http://cfdev.george<strong>to</strong>wn.edu/publications/journal/ws02%20Refugees/ws02<strong>for</strong>um, accessed June 9, 2003.45LCHR, Is This America?, p. 1446Beyer, Gregg A. “Re<strong>for</strong>ming Affirmative Asylum Processing in the United States: Challengesand Opportunity” The American U. J. <strong>of</strong> Int’l Law and Policy vol. 9, No.4 Nov. 1994,p.43-78; also INS 1998, Table 2747INS 1998, chart G at p. 89.BACKGROUND 29
apply <strong>for</strong> asylum make up the majority <strong>of</strong> these applications, but a significantminority asserted an asylum claim at the port <strong>of</strong> entry, a <strong>to</strong>tal <strong>of</strong>about 10,000 in 2000. 49Illegal Immigration Re<strong>for</strong>m and Immigration Responsibility Act in 1996(1996 Act)The political momentum <strong>for</strong> restrictive immigration policies continuedand led <strong>to</strong> the 1996 Act. The 1996 Act constricted the asylum process,especially <strong>for</strong> those asserting an asylum claim at the port <strong>of</strong> entry, in severalways:Expedited Removal – This new mechanism gives an immigrationinspec<strong>to</strong>r the power <strong>to</strong> deport any non-citizen who arrives at any por<strong>to</strong>f entry with either false or no documents, a power previouslyentrusted only <strong>to</strong> trained immigration judges. 50Detention – The law includes manda<strong>to</strong>ry detention <strong>of</strong> asylum seekerswho are subject <strong>to</strong> expedited removal, such as those who enter withoutfull and proper travel and identification documentation no matterthe reason <strong>for</strong> their flight from persecution. The law calls <strong>for</strong>, but doesnot make manda<strong>to</strong>ry, detention <strong>of</strong> asylum seekers after they pass ou<strong>to</strong>f the expedited removal mechanism.One-year Deadline – after entering the US, asylum seekers must filetheir application within a year, with limited exceptions, or lose theirchance <strong>for</strong> asylum. This is a technicality many immigrants areunaware <strong>of</strong>.The 1996 law has faced much criticism from human rights and immigrantservices groups. Amnesty International concluded the law and itsimplementation flouted international standards and led <strong>to</strong> the detaining <strong>of</strong>some asylum seekers in conditions amounting <strong>to</strong> cruel, inhuman ordegrading treatment. 51 The new law also expanded the INS’ deportationpowers. For example, in FY 2000, the INS deported 86,000 through the48Asylum Applications Received, Reopened Cases & Pending at www.ins.usdoj.gov/graphics/aboutins/statistics/msrsep00/ASYLUM.HTM,accessed 10 Oct. 2001.49Long-term INS Detainees, by Dan Malone and Frank Trejo, Dallas Morning News, 22 July2001 (Long-term INS Detainees) at www.dallasnews.com/ins/425076_asylum_22pro.A.html, accessed 3 Jan.2002; Asylum Applications Received, Reopened Cases &Pending at www.ins.usdoj.gov/graphics/aboutins/statistics/msrsep00/ASYLUM.HTM,accessed 10 Oct. 2001 [INS Asylum Applications Statistics]. When Asylum Requests areOverlooked (NY Times, Asylum Overlooked), by Eric Schmitt, The New York Times, 15Aug. 2001. The INS statistics give 10,341 in FY 2000 and the New York Times article gave9500 per year.508 USCS § 1225 (b)(1)(B)(iii)(I)51Amnesty International, Lost in the Labyrinth, p. 8,930 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 and 28: Limitations of this study include t
- Page 29 and 30: Non-governmental organizations serv
- 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: international standards with the 19
- 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
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- 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
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- Page 81 and 82: In my country even though I became
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- Page 85 and 86: Thoughts of SuicideSeveral asylum s
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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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86 FROM PERSECUTION TO PRISON
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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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104 FROM PERSECUTION TO PRISON
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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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TABLE 16:Treatment/Abuses Reported
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“There is no political asylum her
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I was crying. I was so afraid with
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save her life, but was not able to
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Case #5 (CR): “Begging for Mercy
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ehind and told me to sign. He physi
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days and it is now 2 years and four
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viewers asked for additional inform
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y study participants. In evaluating
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trast, under US law, detention of s
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nation for an asylum determination
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very negative effects of detention
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authority to grant asylum and with
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absconding.” 250 Since the passag
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said “[F]reedom from imprisonment
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Standards relevant to this study ar
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“detained person” generally as
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which they are charged and a fair h
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esponse to substantial public press
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specified procedures, provided they
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PunishmentThe Detention Standard on
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any time the detainee complains.”
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182 FROM PERSECUTION TO PRISON
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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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198 FROM PERSECUTION TO PRISON
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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