Senators Introduce Bi-Partisan Bill Addressing Immigration Detention
A bipartisan group of Senators introduced the 2008 Secure and Safe Detention and Asylum Act, S. 3114 on June 11, 2008. The bill addresses a number of the issues raised in the 2005 U.S. Commission on International Religious Freedom report on the detention of asylum seekers. The bill provides for immigration court hearings on detention, nationwide alternatives to detention for immigrants, and improvements to medical care in immigration detention.
On March 26, 2008 U.S. Citizenship and Immigration Services announced it would halt denials under the “material support” and “terrorism” bars in cases where the authority to waive these provisions exists, but has not yet been implemented by the Department of Homeland Security. Among the refugees and asylees who had been denied adjustment based on these sweeping “terrorism” provisions were some who opposed Saddam Hussein in the 1990s.
(04/14/08)
New U.S. Detention Directive May Leave Asylum Seekers in U.S. Immigration Jails for Even Longer
U.S. Immigration and Customs Enforcement issued a new directive relating to the detention and parole of asylum seekers in the United States. The directive, issued in November 2007, rescinds prior guidance that provided that asylum seekers should be considered for parole if they satisfy a set of requirements (including that their identities are established, and that they present no risk of flight or harm to the community). The directive appears aimed at further limiting the release of asylum seekers from U.S. immigration jails.
On February 19, 2008, Human Rights First and over 80 organizations and legal experts sent a letter to the Department of Homeland Security expressing their concern that the directive is inconsistent with the recommendations of the bi-partisan U.S. Commission on International Religious Freedom and with this country’s commitments to those who seek protection from persecution.
To read the July 15 Pittsburgh Post-Gazette op-ed by HRF Senior Counsel Anwen Hughes on the impact of the material support bar on child soldiers, click here
(08/17/07 - Updated) No
Refuge for Medical Workers
The U.S. Department of Homeland Security has opposed the asylum requests of
medical professionals who were forced to treat injured rebels. One worker was
kidnapped by rebels in Nepal and a nurse was kidnapped and forced to treat a
member of an armed group in Colombia. These and other refugees have been prevented
from receiving asylum or resettlement in the U.S. under sweeping immigration
laws that label innocent refugees as supporters of "terrorist organizations."
On August 9, Attorney General Alberto Gonzales announced reforms to the immigration courts and the Board of Immigration Appeals. These reforms follow a comprehensive review launched by the Justice Department in January 2006 in response to mounting criticisms by federal court judges and others.
The new measures include plans to request additional funding for the immigration court system; to hire additional immigration judges and law clerks; to strengthen training, oversight, and complaint procedures; and to enhance pro bono programs. The Justice Department also announced that it will increase the size of the Board – which former attorney general John Ashcroft had reduced – by adding four additional members and permitting the use of temporary members.
The scope and content of many of the reforms are still unclear, as many of the reforms call for additional assessments and the drafting of plans.
While welcoming the new measures, Human Rights First noted that the Justice Department had declined to reverse some of the most troubling aspects of the 2002 “streamlining” changes that were initiated by Ashcroft. Human Rights First, with input from other experts and pro bono attorneys, had submitted recommendations to the Justice Department in May 2006.
(08/11/06) Wide Disparities in Asylum Denials in Immigration Court
Immigration judges deny asylum applications at widely disparate rates, according to a new report issued by Syracuse University’s Transaction Records Access Clearinghouse (TRAC). Most judges denied about 65% of asylum requests, but about ten percent of the judges denied asylum in 86% of cases, while another ten percent denied asylum in 34% of cases.
Senate Immigration Bill Passes, But Puts Refugees at Risk
The Senate passed the Comprehensive Immigration Reform Act of 2006 (S. 2611)
by a vote of 62 to 36 on Thursday evening, setting the stage for a conference
committee showdown with H.R. 4437, the controversial enforcement-heavy immigration
bill passed by the House of Representatives last December. Unlike the House bill,
S. 2611 would give many undocumented immigrants the right to work legally in
this country, and would provide some with a path to citizenship.
Several provisions in the Senate-passed immigration reform bill will endanger
refugees who have fled persecution, putting them at risk of increased detention,
mistaken deportations, and even criminal prosecutions. The House bill contains
a series of extreme provisions that would criminalize asylum seekers and others. More»
(05/26/06 - Updated) One Year After Major Government Report, Critical Reforms Still Not Made
More than one year ago, the bi-partisan U.S. Commission on International Religious Freedom (USCIRF) issued a comprehensive report recommending reforms to ensure the fair and humane treatment of refugees who are subject to summary deportation procedures (called “expedited removal”) and are detained in U.S. jails and detention facilities.
The U.S. Department of Homeland Security has still not implemented the Commission’s policy reforms. In fact, it has repeatedly expanded its use of the summary deportation process - and continued to jail asylum seekers in prison-like facilities that the Commission found to be inappropriate.
While DHS has not yet reformed its procedures, the Department announced on February 7 that it had named Igor V. Timofeyev as the new DHS Senior Advisor for Refugee and Asylum Policy. Human Rights First – and USCIRF – had recommended that DHS create a senior refugee position.
(02/22/06) New Border Strategy Puts Refugees at Risk
The President’s “Strategy to Enhance America’s Homeland Security Through Comprehensive Immigration Reform” puts asylum seekers at risk of mistaken deportation and lengthy detentions in inappropriate prison-like conditions.
The strategy, announced on November 28, 2005, includes the expansion of a controversial summary deportation process known as expedited removal. Under the process, immigration or border patrol officers are given the authority to order deportations, a power previously entrusted to immigration judges.
According to a White House statement, the expedited process will now be used across the entire Southwest border. Earlier this year, the bipartisan U.S. Commission on International Religious Freedom concluded that there are serious problems with expedited removal that put asylum seekers at risk of improper return.
HRF has written to the Attorney General and the Secretary of Homeland Security to express concern about a case concerning a victim of religious persecution in China. The crux of the U.S. government’s argument has been that the Chinese government has a “legitimate sovereign right” to prohibit the practice of religions by groups that it does not sanction and that a person prosecuted for practicing religion outside of a church registered with the Chinese government – including in his home – is not the victim of religious persecution but rather is “merely” the subject of legitimate governmental prosecution.
Read the October 28, 2005, letter to the Secretary of DHS and the Attorney General from a diverse group of faith-based, human rights, and other organizations.
Read the amicus brief filed by Human Rights First, Amnesty International USA, Minnesota Advocates for Human Rights, Asian American Justice Center, and Episcopal Migration Ministries.
Human Rights First welcomes Secretary of Homeland Security Michael Chertoff’s decision to establish a senior refugee policy position within the Department of Homeland Security. In an August 19, 2005 letter to Secretary Chertoff, Eleanor Acer, Asylum Program Director, lauded the decision and outlined the many important issues that the new appointee will need to address. Secretary Chertoff announced his plans to create the new position on July 13, 2005 – a welcome signal that his Department is committed to effective refugee protection. More»
Pro bono law firm wins asylum for refugees fleeing political, religious, and other persecution through its partnership with Human Rights First.
These refugees include a political activist who was tortured in Togo and a Tibetan teacher who was persecuted by Chinese authorities because of her Buddhist religious views.
On May 11, 2005, President Bush signed into law the “Real ID Act” as part of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief. This new law contains provisions that will severely harm asylum seekers fleeing political and religious persecution.
More»
Attorney General John Ashcroft has made a decision not to deny asylum in the
landmark asylum case of Rodi Alvarado, a survivor of brutal domestic violence.
Instead, he sent the case back to the administrative Board of Immigration Appeals.
The order, issued on January 19, 2005 was announced on January 21. More»
Baptist Minister Joseph Dantica fled Haiti and asked for asylum Miami Airport on October 29, 2004. The Department of Homeland Security put the 81-year-old Reverend in an immigration jail in Miami. Several days later, Reverend Dantica died in DHS custody. More»
Refugees who come to the United States seeking asylum are often detained by immigration authorities for months, and even years, in jail like conditions. More»
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HRF staff travels to Texas to visit detention centers with representatives from local organizations and attorneys from Texas law firms, and to speak with detained asylum seekers.
Whether they are victims of religious persecution from Sudan, torture survivors from Iraq, pro-democracy activists fleeing a repressive regime in Congo, victims of coercive population control policies in China, women who have fled from threatened “honor killings,” or gay men attacked in Colombia because of their sexual orientation, those who flee to the United States arrive with the belief that they have finally reached a place where they will be safe, free and treated fairly. For those who seek asylum at U.S. borders and airports, the welcome they receive – a welcome that routinely includes handcuffs, shackles and mandatory detention – can be a devastating surprise.
The hurdles facing asylum seekers are truly daunting. Summary “expedited
removal” procedures, “mandatory detention,” inconsistent parole
practices, and lack of government-funded legal representation are among the many
hurdles arriving asylum seekers must navigate in their efforts to secure refuge
in the United States. In the wake of the tragic events of September 11, these
hurdles have only multiplied as the U.S. government has taken steps that have
had the effect of further eroding the fairness of the U.S. asylum process and
further restricting access to asylum. more»
Senators Introduce Bi-Partisan Bill Addressing Immigration Detention
Child Soldiers: Treat them as Victims, Not
Just Victimizers
One Year After Major Government Report, Critical Reforms Still Not Made
Religious Persecution and Asylum
Investigation Needed after Baptist Minister’s Death in U.S. Immigration Jail
