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

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ties of the INS on March 1, 2003. 126 INS functions are now distributedamong three bureaus in the Department of Homeland Security: one servicesbureau, Bureau of Citizenship and Immigration Services and twoenforcement bureaus, the Bureau of Customs and Border Protection andthe Bureau of Immigration and Customs Enforcement. This will make fora potentially confusing array of officials who will have authority overthose who seek asylum upon arrival.Under the new policy, arriving asylum seekers will be interviewed bythe Bureau of Customs and Border Protection and, if their asylum requestor fear of persecution is accepted, they will be detained under the Bureauof Immigration and Customs Enforcement. Asylum Officers from theBureau of Citizenship and Immigration Services will then conduct crediblefear interviews with them at their detention sites. Immigration analysts,including former INS Commissioner James Ziglar, are concerned that notenough attention and funding will be placed on the service functions inthis new department. 127The emphasis on enforcement and detention was apparent when inMarch 2003, on the eve of the war with Iraq, the Department of HomelandSecurity announced “Operation Liberty Shield” under which asylumseekers from more than 30 countries would be automatically detainedduring the asylum process. 128 Ironically, the plan targeted for detention,the very people who had stood up to, and in some cases been persecutedand tortured by, the same regimes that the US has singled out for condemnation.129 In May 2003, Operation Liberty Shield was reportedly terminated,but nevertheless serves as a chilling example of the trend towardexpanding detention of asylum seekers. 130In April 2003, Attorney General Ashcroft ordered continued detentionof an asylum seeker, overruling the immigration appeals court which hadauthorized release on bond, for the purpose of deterring other refugees126Federal Register March 6, 2003 (Vol. 68, No.44) “Authority of the Secretary of HomelandSecurity; Delegations of Authority; Immigration Laws; Final Rule127Ziglar, J. The End of the INS, Let’s not forget our immigration duties, The Miami Herald,4 Mar., 2003; National Immigration Forum, Now that the INS is Dead, Will the Departmentof Homeland Security Improve America’s Immigration System?, 25 Feb., 2003, available atwww.immigrationforum.org/press/articles/022503_instodhs.htm, accessed on 7 Mar., 2003.128Shenon, P. Administration’s New Asylum Policy Comes Under Fire, The New York Times,March 19, 2003.129Lawyers Committee for Human Rights. Asylum Protection News 12. March 19, 2003.130Lawyers Committee for Human Rights Media Alert: “Operation Liberty Shield QuietlyTerminated.” May 15, 2003. Available at: http://www.lchr.org/media/2003_alerts/0515.htm,accessed on 7 June 2003131Stanley Mailman and Stephen Yale-Loehr, Detaining and Criminalizing Asylum Seekers,New York Law Journal, April 28, 2003 [Yale-Loehr, Detaining Asylum Seekers]; Matter ofD-J-, 23 I. & N. Dec. 572 (Att’y Gen. 2003).BACKGROUND 41
from that same country from seeking asylum in the US. 131 This decisiontargeted asylum seekers from Haiti, but could herald an assertion ofsweeping authority for a new policy of mandatory detention of asylumseekers from any country the government designates. 132 The decision andsuch a policy undermine traditional principles of due process and violate akey provision of international law: detention may not be used “to deterfuture asylum seekers, or to dissuade those who have commenced theirclaims from pursuing them.” 133132Yale-Loehr, Detaining Asylum Seekers.133UNHCR’s Guidelines on applicable Criteria and Standards relating to the Detention ofAsylum Seekers, Geneva, 1999.42 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 and 48: Correctional Facility in 2000. “[
Page 49: men of which 750 were detained on i
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
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