Human Rights First Urges Fulfillment of Detention Reform Promises
One year after the U.S. Department of Homeland Security (DHS) announced plans for a wide-reaching overhaul of the long-mismanaged immigration detention system, Human Rights First is concerned that the U.S. government has yet to make significant progress toward the underlying goal of detention reform – a true shift from a penal to a civil approach to immigration detention.
Read new HRF backgrounder on civil detention
(10/06/10)
Few Tangible Changes for Detainees as ICE Detention Reforms Anniversary Approaches
One year after U.S. Immigration & Customs Enforcement (ICE) announced its intention to reform the immigration detention system, Human Rights First is urging the agency to fulfill that promise. We commend ICE for the steps it has taken to develop its overhaul strategy, but note that more must be done to revamp the nation’s sprawling detention system, which holds up to 400,000 immigrants – including many asylum seekers – annually in more than 200 jails and jail-like facilities.
(08/09/10)
ICE Implements New Guidance on Parole from Detention for Asylum Seekers
On January 4, 2010, a new policy by the U.S. Immigration and Customs Enforcement (ICE) guiding the parole and release decisions for asylum seekers who pass credible fear went into effect. Under U.S. immigration law, arriving asylum seekers are initially subject to mandatory detention. The new parole guidance issued by ICE requires that arriving asylum seekers who pass through the “credible fear” screening process be assessed for release from detention by ICE, and allows for the release of those who can establish their identity and do not present a flight risk or danger to the community.
Read press release
Read ICE press release
Read the guidance
Read the record of determination/parole determination worksheet
Read the parole advisal and scheduling notification
Read HRF report, U.S. Detention of Asylum Seekers: Seeking Protection, Finding Prison
(01/04/10)
Human Rights First Welcomes Detention Reforms Announced by DHS Further reforms needed to limit risk of prolonged detention
(10/06/09)
Human Rights First delivers statement on U.S. detention of asylum seekers to UN Human Rights Council
On September 17, 2009, the 12th Session of the Human Rights Council held a panel on migrant detention. HRF’s Andrew Hudson delivered a statement that highlighted the U.S. practice of detaining asylum seekers, and the steps that the U.S. and other States must take to reform immigration detention procedures that are inconsistent with international human rights standards.
Read HRF statement to HRC panel
View HRF’s Andrew Hudson delivering statement to HRC panel
Read UNHCR statement to HRC panel
Read U.S. statement to HRC panel
(09/17/09)
Positive First Steps on Reforming Immigration Detention
HRF applauds the Obama Administration’s decision to overhaul the nation’s flawed immigration detention system. This overhaul will not be effective without a thorough reform of the process for deciding who is detained after entering the U.S. and for how long.
Read press release (8/6/09)
Read DHS announcement (8/6/09)
Read blog post from HRF Advocacy Counsel Annie Sovcik(8/7/09)
Read op-ed from USCIRF vice-chairs in Miami Herald (8/15/09)
Read HRF report, U.S. Detention of Asylum Seekers: Seeking Protection, Finding Prison
HRF Report: “U.S. Detention of Asylum Seekers: Seeking Protection, Finding Prison”
Since 2003, U.S. immigration authorities have spent more than $300 million to detain over 48,000 asylum seekers in jails and jail-like facilities. Some of the facilities are located in remote areas, far from legal representation. Asylum seekers are detained in a system that lacks basic due process safeguards and is inconsistent with America’s longstanding commitment to protect those who flee from persecution. The report outlines ways to improve this process in ways that are more cost-effective, just, and humane.
Read a summary version of the report
Read the Department of Homeland Security’s response to our report.
Art Spiegelman cartoon in the Washington Post citing HRF report
NYTimes article citing the report and featuring an HRF asylum client
DHS Reforms Inadequate to Protect Detained Asylum Seekers
On November 28, 2008, the Department of Homeland Security issued a “status report” on its implementation of the 2005 recommendations of the U.S. Commission on International Religious Freedom on detention of asylum seekers.
Human Rights First has analyzed DHS’s response to USCIRF’s recommendations in this chart. Our analysis suggests that despite some areas of progress, DHS has failed to implement many recommendations that are crucial to refugee protection.
In a letter on January 8, 2009, USCIRF responded to DHS’s “status report,” saying that few of DHS’s efforts accurately followed the recommendations or adequately addressed the problems identified in the USCIRF report.
Read original USCIRF report (February 2005)
Read USCIRF report card (February 2007)
Human Rights First Welcomes Bi-Partisan Bill Addressing Immigration Detention
On June 11, 2008, a bipartisan group of Senators introduced the 2008 Secure and Safe Detention and Asylum Act, S. 3114. The bill addresses some of the most pressing issues facing asylum seekers and other immigrants in detention today and includes provisions for immigration court review of detention of asylum seekers, nationwide alternatives to detention, and improvements in medical care provided to detained immigrants.
Many of the bill’s provisions address recommendations made in a 2005 report by the bipartisan U.S. Commission on International Religious Freedom relating to the detention of asylum seekers.
Read 2008 Secure and Safe Detention and Asylum Act
Read HRF Statement commending Senators
Read the Senate Statement on the Bill
Read Letter from Faith Groups, Human Rights and Other Groups urging Support
HRF welcomes introduction of Detainee Basic Medical Care Act
Human Rights First welcomes the introduction of two bills to improve the delivery of medical and mental health care for detained immigrants and asylum seekers. The first, called the Detainee Basic Medical Care Act of 2008 (HR 5950), was introduced on May 1, 2008, by Representative Zoe Lofgren (D-CA). Senator Robert Menendez (D-NJ) introduced a companion bill, S 3005, on May 12, 2008.
The bills call on the Department of Homeland Security (DHS) to develop procedures for adequate medical care for immigration detainees, including timely examinations and assessments by qualified health care professionals. In addition, the bills require DHS to report detainee deaths to Inspector General at DHS and at the Department of Justice.
The Washington Post and 60 minutes have documented deficiencies in the medical and mental health care provided to asylum seekers and immigrants detained in US immigration jails. These pieces included interviews with an HRF pro bono attorney and her refugee client.
Impact on asylum seekers and immigrants documented by The Washington Post and 60 Minutes
Listen to HRF pro bono attorney and refugee client
Read letter to DHS Secretary Chertoff from advocacy groups
Read the Detainee Basic Medical Care Act of 2008 (HR 5950)
Read the Detainee Basic Medical Care Act of 2008 (S 3005)
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, 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. The Chair of the US Commission on International Religious Freedom wrote to Secretary Chertoff on December 14, 2007, to express concern that the directive is inconsistent with the Commission’s recommendations on the detention and parole of asylum seekers.
Read the New Parole Policy for Asylum Seekers (PDF-500KB)
Read HRF Letter to ICE on Concerns about Shift in US Detention Policy (PDF-251KB)
Read USCIRF response to new ICE parole directive (12/14/07)
Read HRF Statement on New Detention Policy
Read Sign-On Letter to DHS (2/19/07)
For more background on the detention of asylum seekers in the US, read In Liberty’s Shadow (PDF-680KB)
(01/07/08)
Commission: DHS Fails to Make Reforms for Jailed Asylum Seekers
In a February 2007 “report card,” the Bi-partisan US Commission on International Religious Freedom gave the U.S. Department of Homeland Security (DHS) low marks for its failure to implement reforms to improve the treatment of asylum seekers in immigration jails and expedited deportation procedures. The reforms were initially recommended two years ago in connection with the Commission’s 500-page report. DHS has failed to put the criteria for releasing asylum seekers into regulations and has not abandoned its use of “penal” facilities for detaining asylum seekers.