For Immediate Release: January 15, 2004 Contact: David Danzig (212) 845 5252

Post 9/11, Dramatic Increase in Detention for Asylum Seekers Says New Report

Survey Shows Parole Rarely Granted to Asylum Seekers
Around the Country Including in NY, TX and CA

NEW YORK – Since 9/11, U.S. immigration authorities have become increasingly reluctant to release asylum seekers on parole even if they present no security threat, according to a new report, released today, by the Lawyers Committee for Human Rights.

The result is that innocent people, who have come to the United States seeking refuge are treated like criminals and often held in jails and detention centers for months and even years.

“In Liberty’s Shadow” reports that in many parts of the country, including California, Illinois, Minnesota, Michigan, Louisiana, Texas, Washington, DC, New York and New Jersey, parole from detention is rarely granted to asylum seekers. Although no policy to this effect has been made public, attorneys who provide pro bono services to asylum seekers in detention centers reported to the Lawyers Committee that even asylum seekers who meet the government's criteria are not released.

The report also finds that in more than 25 developed countries including most European countries and Canada, individuals seeking asylum have the right to go before a judge to determine if their detention is necessary. In the United States, asylum seekers have no such right.

The Lawyers Committee found that a number of individuals who clearly present no threat to national security have been detained by immigration officials for long periods of time since 9/11 including:

A Tibetan nun, who is still detained in Virginia.

A pregnant rape survivor from Kenya.

A Liberian Pentecostal pastor who was persecuted for his opposition to the use of child soldiers.
“In the post 9/11 world the need for enhanced security is clear, but too often fundamental fairness and basic protections have been sacrificed without a meaningful assessment of whether or not the changes made were necessary to protect the United States,” said Eleanor Acer, director of the Lawyers Committee’s Asylum Program.

In Liberty’s Shadow also details the fundamental lack of safeguards in the asylum system. The report calls on the Department of Homeland Security to put the guidelines for releasing asylum seekers in formal regulations. It also suggests that the Department appoint a Refugee Protection Director to ensure that the government not only pursues security concerns but also is mindful of the rights and needs of those that come to the United States seeking refuge. Finally it calls on the Department of Homeland Security to allow individual asylum seekers to go before an independent judge to determine if detention in his or her case is necessary.