Press Release
Published on September 22, 2016
Washington, D.C.—In a new analysis released today, Human Rights First found that asylum seekers and immigrants detained in Georgia are often held for long periods of time and face a near-moratorium on parole, despite a national directive from Immigration and Customs Enforcement (ICE) setting out clear criteria for release. The report comes as Congress prepares to debate oversight of the agency in a hearing today before the House Judiciary Committee.
“Many asylum seekers are held in remote detention facilities in Georgia for months or longer, where it is essentially impossible for them to win asylum, obtain legal counsel, or secure release even when they meet the applicable criteria,” said Human Rights First’s Olga Byrne. “Sadly what we saw in Georgia reflects a broader national trend. U.S. detention policies and practices relating to families with children and adult asylum seekers violate U.S. human rights and refugee protection legal obligations. Given this country’s global leadership on the protection of refugees, this country’s recent—and massive—increase in the use of detention for asylum seekers sets a troubling precedent.”
Human Rights First notes that the use of immigration detention has risen sharply under the Obama Administration, with more asylum seekers sent to immigration detention, often being held there for months. Not only is the use of detention exceedingly expensive, it is also not necessary in many cases. For cases where additional support is needed to assure appearance for immigration appointments, immigration authorities can use alternative measures that rely on case management and community support.
Human Rights First researchers met with 77 men and women detained at the Irwin County Detention Center and the Stewart Detention Center in southern Georgia, which are operated by Lasalle Corrections company and Corrections Corporation of America (CCA). Stewart is the largest immigration detention center in the United States for adults. The majority of those men and women were seeking asylum. Human Rights First found that:
Earlier this year a Human Rights First report detailed the increase in asylum seekers held in U.S. immigration detention facilities and the failure of the Obama Administration, specifically the Departments of Homeland Security (DHS) and Justice (DOJ), to effectively implement existing parole guidance for asylum seekers and reasonable bond levels for indigent individuals held in immigration detention.
The report shows that some ICE officers and field offices disregard ICE’s own 2009 asylum parole directive. As detailed in the report, some local ICE offices have taken the position that asylum seekers are a top enforcement priority under DHS Secretary Jeh Johnson’s November 2014 memorandum, extending detention for many months even when asylum seekers meet the relevant parole or release criteria. Moreover, immigration judges, who often review ICE custody decisions and have the authority to release asylum seekers on conditional parole or bond, often fail to consider an individual’s ability to pay by setting prohibitively high bonds.
The bipartisan U.S. Commission for International Religious Freedom recently issued a report finding that ICE often holds asylum seekers in detention facilities under penal conditions, even after they have passed a credible fear interview.