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

In 2001, one academic study reported that the average detention timefor asylum seekers in its database was 57 days, with the New York/JFKairport’s average length of detention 124 days. 83 The average amount oftime in detention for asylum seekers has fluctuated. In 1981 the averagestay was 4 days but by 1992 the average length of detention had risen to54 days. 84 Although official statistics were unavailable in the late 1990s,sources indicated that, typically, detention periods continued to be prolongedand well above rates in the early 1980s, when widespread detentionwas reestablished. 85 In addition, there are numerous documentedcases of detention periods lasting several years. 86At the same time that imprisonment of asylum seekers expanded, theINS ignored some of its own recommendations regarding the feasibility ofparole. The INS conducted a pilot parole project that led, in 1992, to theestablishment of the Asylum Pre-Screening Officer (APSO) Parole Program.However, the INS failed to effectively implement this parole program.87 While the INS has issued guidelines and memoranda on theviability of parole, these guidelines have not been transformed into regulationsor effective policies, reflecting disagreements within the INS. 88 Forexample, in December 2000, years after the issuance of parole policies,INS headquarters felt it necessary to issue a regulation to clarify that it hasauthority over parole decisions when some had asserted that only districtofficials had the mandate to make parole decisions. 89In conjunction with the INS, the Vera Institute recently conducted athree-year trial of supervised release of people paroled in INS proceedings,the Appearance Assistance Program. The program reported that in August2001, 93% of those under intensive supervision showed up for all of theirINS hearings. 90 Four years earlier, the INS had estimated that only about50% of those released into the community appeared in court as required. 91Other alternative to detention programs do exist in different parts of thecountry serving a limited number of immigrants. 92 Despite the results ofthe Vera study, the INS appears to have further restricted parole andexpanded detention. After previously paroling Haitians, the Florida dis-833-Year Expedited Removal Study, p. 69-70.84LCHR Testimony at p. 1853 Year – Expedited Removal Study, p. 68-70; LCHR Refugees Behind Bars, p.25-28.86Long-term INS Detainees87LCHR, Refugees Behind Bars at p.24.88Acer, America’s Values, p.46.89Acer, America’s Values, p.46; 65 Fed. Reg. 82254-82256, “Clarification of Parole Authority”(INS No. 2004-9965) (28 December 2000).90Testing Community Supervision for the INS, An Evaluation of the Appearance AssistanceProgram, Vera Institute of Justice (Vera’s AAP Evaluation), August 2000.91Vera’s AAP Evaluation, Executive Summary.BACKGROUND 35