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

More documents

Recommendations

Info

expanded its power to detain a variety of non-citizens through a series ofnew measures. The United and Strengthening America by ProvidingAppropriate Tools Required to Intercept and Obstruct Terrorism(PATRIOT) Act in October 2001 granted the US government new powersto detain non-citizens without charge. 112 The PATRIOT Act equippedAttorney General John Ashcroft with the authority to certify an individualnon-citizen as a “suspected terrorist,” expanded the definition of terroristactivity, and permitted detention without charges for seven days. 113 Evenabsent a criminal charge, a certified suspected terrorist charged with animmigration violation is subject to mandatory detention. 114 Just as perilousto non-citizens has been the series of new regulations and rules makingit harder for detainees to challenge their detention. Any non-citizencan now be detained for up to 48 hours without charges and in an unspecified“emergency” or “extraordinary” situation this detention withoutcharges can last for an unspecified (“reasonable”) amount of time. 115Another regulation essentially provides INS attorneys with the power tooverrule an immigration judge’s decision to release on bond a detainee,even when there are no allegations of criminal or terrorist activities. 116Several of these regulations are currently facing legal challenges, but theserules have basically remained in effect.Expanded immigrant detention policies have recently been the focus ofincreased criticism even from within the federal government, itself. In arecent report, the Inspector General of the Department of Justice said thatthe federal government, in its investigation of the attacks, imprisonedimmigrants for excessive lengths of time, with the presumption of innocenceinverted to a presumption of guilt. 117These wider detention powers can be applied to asylum seekers,although in practice they have affected greater numbers of other classes ofimmigrants (such as those with non-valid student visas). After September11, the government arrested approximately 1,200 Arab and South Asian112Pub.L. No. 107-56, 115 Stat. 272 (2001) [Patriot Act].113Patriot Act.114Patriot Act.115America’s Values, p.47, 66 Fed. Reg. 48334, INS No. 2171-01, “Custody Procedures,”Sept.20, 2001.116America’s Values, p.47.117Office of the Inspector General, US Department of Justice. The September 11 Detainees: Areview of the Treatment of Aliens Held on Immigration Charges In Connection With theInvestigation of the September 11 Attacks. Office of the Inspector General, US Department ofJustice. April 2003. Available at http://www.justice.gov/oig/special/0603/full.pdf. Accessed onJune 7, 2003.118Sachs, S. “U.S. Deports Most of Those Arrested in Sweeps After 9/11”, New York Times,11 July 2002, www.nytimes.com/2002/07/11/national, accessed 15 July, 2002 (U.S. DeportsMost, NY Times)BACKGROUND 39
men of which 750 were detained on immigration violations. 118 By June2002, all but 74 of the 750 had been deported. 119 In addition, under the“Special Registration Program,” the Department of Justice has issuednotices during the last months of 2002 requiring all males over the age of16 who are temporarily in this country from 20 countries (mostly Muslimas well as North Korea and Eritrea) to register in person at INS officesbefore certain deadlines. 120 These men are required to check in regularlywith the government every year thereafter. This has led to hundreds ofarrests and detentions; according to Justice Department officials morethan one in 10 of these people face possible deportation. As of January2003, the program has led to the detention of 1,169 foreign nationals. 121Not surprisingly, the federal government’s use of parole has been evenmore limited since September 11. In November 2001, the INS determinedthat parole should be granted only in limited circumstances, such as wherethere are technical paperwork flaws, compelling humanitarian circumstancesor it is in the national interest. 122 Allegations of discrimination inparole determinations have arisen involving Iraqis, others from the MiddleEast as well as asylum seekers from other regions. 123 For example, in2002, the INS admitted detaining Haitians that had arrived in Florida todeter others from coming to the US, even though the INS had typicallyparoled them in the past. 124 Late in 2002, the government issued a policyexpanding expedited removal to all sea arrivals, including Haitians butexcepting Cubans, which also called for detention of such persons throughall immigration proceedings. 125Department of Homeland SecurityThe other major legislative initiative affecting security and immigrantssince September 11, 2001 was the creation of the federal Department ofHomeland Security (DHS). DHS took over the responsibilities of manyexisting federal agencies and formally assumed the functions and authori-119US Deports Most, NY Times.120Broder, J. US Starts Freeing Foreigners Detained in Antiterror Dragnet, New York Times,December 20, 2002.121McDonnell, P. “Nearly 24,000 Foreign Men Register in U.S.” Los Angeles Times, January19, 2003, p. 22.122America’s Values, p.47; .123America’s Values, p.48; Benjamin, J. “Mideast Detainees Await Freedom,” South FloridaSun-Sentinel, 8 Dec., 2001.124J. Benjamin, “INS Admits New Get-Tough Policy on Haitians Aimed at Preventing Exodus,”South Florida Sun- Sentinel, March 20, 2002.125Notice Designating Aliens Subject to Expedited Removal Under Section 235(b)(1)(A)(iii)of the Immigration and Nationality Act, 67 Fed. Reg. 68924-26 (Nov. 13, 2002), INS No.2243-02 [Regulation expanding Expedited Removal to sea arrivals].40 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 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: Correctional Facility in 2000. “[
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 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 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:
104 FROM PERSECUTION TO PRISON
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
show all

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

Create successful ePaper yourself

Delete template?

Save as template?