IRATE publishes a newsletter, Yearning to Breathe Free, 3-4 times a year. Important upcoming events and articles from the most recent newsletter are published below. Copies of other recent newsletters are available through the links to the left. The following articles were published in the May 2008 newsletter (for the May 2008 newsletter in pdf format, click here:
Upcoming Event: World Refugee Day. June 18, 2008 at 6:30 PM. At the Priory Restaurant, 233 West Market St., Newark, NJ. Join Us for our annual event of music, poetry, art, and advocacy for refugees and asylum seekers. See article below.
The Illegal Immigration Reform and Immigrant Responsibility Act: Impact on Asylum Seekers
Celebrate Independence Day by Stamping Out Despair
Since 2001, World Refugee Day has been celebrated on June 20. Fifty years prior to that date Africa began celebrating African Refugee Day. At the request of the United Nations High Commission on Refugees (UNHCR), Africa willingly allowed the date to be used for International Refugee Day starting on June 20, 2001. This was in recognition of the 50th anniversary of UNHCR. That very year IRATE began celebrating the event. The first year we held a vigil at the Elizabeth Detention Center. Since that time we have visited Congressmen’s offices in New Jersey, we have held a rally outside the federal building in Newark, we have collected signatures on a petition to Michael Chertoff, the head of the Department of Homeland Security and we have celebrated using the arts at the Priory Restaurant in Newark. This year on June 18 we will have a grand celebration to mark World Refugee Day. The evening will begin at 6:30 at the Priory Restaurant, 233 W. Market Street, Newark, NJ. An exhibit by the internationally acclaimed artist, Betty LaDuke will be on display. Music, dance, and poetry will all be part of the evening. Interspersed throughout the evening will be reflections by former detainees, family members of those who have suffered and immigration advocates. If you or someone you know would like to perform or share your thoughts, please call Geri Mulligan at 973-941-3199 to be included in the program. And to everyone, let this serve as a standing invitation to the festivities. Guarded parking is available at the site. Please join both IRATE and First Friends to celebrate World Refugee Day.
The Illegal Immigration Reform and Immigrant Responsibility Act: Impact on Asylum Seekers
By Mary Kay Jou, LSW
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) passed in 1996 as a way to reform what was seen as a broken immigration system. While the Act focused on all types of immigrants, it included specific revisions in asylum law.
One-year deadline. Prior to 1996, there was no deadline for asylum seekers to submit their application. Once deemed a credible applicant, they were released into the community with work authorization, and were able to begin rebuilding their life. Unfortunately, the one-year deadline does not take into consideration the reality of life for someone who is fleeing persecution and oppression “including the trauma of torture, the threat of death, and fear for family members who remain in their home country” (Pistone, 1998, p.1). It can take months or years before a traumatized asylum seeker finds the strength to tell their story and to go through the proper legalistic channels.
Denial of work authorization until asylum is granted. Prior to 1996, asylum seekers were able to work in the country legally, through the provision of an employment authorization card while their asylum application was pending. This leaves the affirmative asylum seekers reliant on the good will of others for their survival. Without the ability to work, they do not have the ability to pay for food or lodging for themselves.
Expedited removal. While the IIRIRA policy of expedited removal, which authorizes immigration and border officials to “expel aliens deemed inadmissible for failure to provide valid entry documents” (Cianciarulo, 2006, p. 109), may not seem to apply to asylum seekers, certain changes in border interview techniques may be placing valid asylum seekers into expedited removal proceedings. With the new policy set forth by IIRIRA, now there is one interview, completed by an untrained border guard, and it is this guard who can decide to place an asylum seeker into expedited removal proceedings (Pistone, 1998). A major problem of this provision is that it does not take into consideration the level of trauma from torture or rape that asylum seekers are experiencing when they arrive at the border. For many, it takes months or years before they feel safe enough to share their story (Pistone, 1998). Yet, expedited removal only gives the person this one opportunity to do so, or be immediately deported back to the horrible situation they just left.
Mandatory and indefinite detention. As was stated above, asylum seekers who pass through the initial credible fear interview at the border are allowed to remain in the United States. What was not stipulated was where they were held. The IIRIRA mandates detention for asylum seekers until their asylum is granted. Asylum seekers are detained in “immigration detention centers, or more commonly, county jails from which the Department rents bed space” (Cianciarulo, 2006, p. 110).
Detention facilities are designed and run as prisons. Because the U.S. does not have enough detention bed to house the asylum seekers (DHS, 2006), they contract out to local, state and county jail facilities (Pistone, 1999). Thus, asylum seekers, find themselves sharing living quarters next to inmates with violent crimes. The guards do not receive special training regarding immigration detainees, and treat them the same as the violent criminals (Pistone, 1999).
Conclusion. Mandatory, indefinite detention, and the use of local jails to house immigration detainees must end. Trained asylum officers, who can properly conduct a credible fear interview must be placed at ports of entry, to ensure that the asylum seeker has a realistic opportunity to tell their story and state their claim for asylum. Better training of immigration officers and judges would relieve the ability of economic migrants to abuse the asylum system, thus enabling the asylum seekers to return to society once their ability to apply for asylum has been approved. The one-year deadline also needs to be revisited. Knowing the level of trauma and stress surrounding the asylum seeker, it is unrealistic to assume that they will be mentally and psychologically ready to tell their story before one year. Flexibility in this policy is very important. Revisions in asylum law where valid asylum seekers can state their claims in a system that is not set up to retraumatize them would be one step in the right direction.
References
Cianciarulo, M. S. (2006). Terrorism and asylum seekers: Why the real ID act is a false promise. Harvard Journal on Legislation, 43(1).
Department of Homeland Security (2006). Detention and removal of illegal aliens. Office of Audits (OIG-06-33).
Pistone, M. (1999). Justice delayed is justice denied: A proposal for ending the unnecessary detention of asylum seekers. Harvard Law Journal, 12, 196-264.
Pistone, M. (1998). New asylum laws: Undermining an American ideal (Policy Analysis No. 299). Washington, DC: CATO Institute.
In the last issue we published part of a letter we received from several detainees. The following is another excerpt from the letter. The complaints made in the letter are similar to those we have heard from other detainees and provide a window into the conditions in the Elizabeth Detention Center.
The phones here are a serious issue. They calls are too expensive and the lines have very poor quality. There are only 2 phones for every 44 people. A lot of us need to call lawyers to discuss our cases and we cannot do so because it is to expensive to make phone calls. Local calls are so expensive, imagine how much they are charging us for international calls! We are paying at least $20 a week just to be able to speak to our relatives or lawyers for only 10 minutes.
As for the food here, the issues vary from day to day. The food is usually overcooked. The trays that we are served in are not clean. The portions are too small. If you are still hungry, they DO NOT ALLOW you to take an extra tray. They would rather throw out all the food than allow us to have a little more to fill us up. If we are in visitation or religious services during meal time, they do not save any hot lunch for us, they just throw it out. We are lucky if we are allowed to get a cold lunch when we come back from visitation. The food has no flavor and they do not give us salt and pepper. It seems that they want us to starve.
According to immigration laws, they can hold people for 90 - 180 days, but for some reason some people have been here for years. Some people in this facility have been here over a year. This facility was not made to accommodate people for over a year. There are no exercise rooms or recreational activities administered here. An hour in a room with 3 holes in the ceiling should not count as outdoor rec. The room is dirty and dusty. Why are we not allowed to have fresh air? Why are we not allowed to see the sun? The air-conditioning system always leaks water on our beds. We have complained many times but they never do anything about it. Some dorms have mold growing which is not healthy for us to breath in. Again, complaints have been made but no one does anything about it. There have also been instances where insects were found. We are the ones who are required to clean our dorms. They make us clean the bathroom, shower area, toilets, mop and dust. Whenever inspectors, investors, or government officials come to see the facility, they make us clean more so that the rooms can be spotless. They also treat us better in front of these people. Little do they know, it is all a show so that their facility can pass inspection or so that they gain another investor! There have also been times where they have shut down water in dorms for long hours. During this time, we have no water to drink, or to wash up. Some days there is no soap for us to wash our hands or shower with. The bathroom or dorm has no ventilation. The bathroom is also open into the dorm. Imagine how the room smells when people go to the bathroom! Disgusting! We don't know how they clean our clothing either. There have been many times when they return our laundry with more stains on it, stains that weren't there when we gave them our dirty laundry. The dorms are always cold. Now that the weather is cooler, they have not turned down the AC. The officers walk around with jackets but as for us, we are not given that. We are always cold, especially at night. They do not allow us to have extra blankets to keep warm.
Celebrate Independence Day by Stamping Out Despair
By Stefanie Barnes
The Declaration of Independence states that “…all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness…..” On July 4th, our nation celebrates this spirit of independence and achievement. However, not everyone in the United States will be celebrating. For those detained inside the Elizabeth Detention Center, July 4th is just another monotonous day, another 24 hours they are deprived of their life, their liberty and the happiness of friends and family.
This year, we can help restore some semblance of truth to the Declaration of Independence and make July 4th a day the detainees will want to remember. Our July 4th Stamp Out Despair campaign will provide each detainee with a package of writing supplies so that they are able to stay in touch with loved ones. As most of us are aware, the detention center charges a lot more for a stamped envelope than the 50 cents it costs to purchase it at the post office. One of the few pleasures these detainees have while inside the detention center, is the ability to communicate with their friends and family. However, many of the detainees are unable to afford what the detention center charges for paper and stamped envelopes.
Help us brighten the future of these detainees and make life in the detention center bearable for them. Ask those around you to start collecting supplies. Our goal this year is to collect 3000 stamped envelopes so that we can send each detainee 10. Get your friends and family involved, or inquire as to whether your religious or community organization wants to take on this project. Bring all the supplies to the First Friends office by June 16th, or call us and we will come pick them up. At a time when many of us are going to be with friends and family, remember those that are unable to, for whatever reason. Show the detainees that there are people in this country who care about them and their well-being. Help us stamp out their despair! Please contact us via email at firstfriends2@juno.com or by phone, 908-965-0455, with any questions. Our office hours are: Monday & Wednesday- 10 am to 5 pm; Tuesday, Thursday & Friday – 10 am to 1 pm. Please call before you stop by to ensure there is someone there to receive your package.
Supplies Needed
Two pocket folders (without a business logo)
Ruled white paper
Unruled colored paper – please no construction paper
Envelopes
Pens (with caps, no springs)
Greeting cards with envelopes
Monetary donations
And most importantly….First class international and national postage stamps (don’t forget to include 1 cent and 4 cent stamps due to the price increase)
By Helen Lindsay
While still a child of 12, Z. fled from Liberia to escape Charles Taylor’s rampaging rebel forces, and spent years living in harsh conditions in a Guinean refugee camp. Because of on-going persecution in Guinea against Liberian refugees, he eventually fled to the U.S. seeking asylum here. A member of Unitarian Universalist Church in Ridgewood began visiting Z. at the Elizabeth Detention Center this past fall as a member of First Friends and soon learned that he had lost his bid for asylum before the Immigration Court and had been ordered back to Liberia. The visitor switched hats from visitor to pro bono lawyer, and working on weekends, evenings and during a one-week vacation, he logged hundreds of hours to file an appeal. Beating the odds, the lawyer won a reversal and remand from the Bureau of Immigration Appeals who wrote an unusual and strongly worded opinion in favor of the refugee. Within two weeks of the decision, the Immigration Judge granted asylum to Z., who is now living in the Bronx with another former Liberian refugee. The Peace and Justice Committee is delighted that our visitation program could lead to such tangible and important results and we wish Z. success in his new home.
(Helen Lindsay is the Coordinator of First Friends Visitors of the Unitarian Universalist Church of Ridgewood, NJ).
Human Rights First has been reporting in its newsletter that the Iraqi refugee crisis has not been improving. The long Iraq war has created millions of refugees now residing in Egypt, Syria and Jordan. According to UN criteria, the return should be “voluntary, safe and sustainable.” The returning refugees should be “confident of their legal safety (freedom from persecution and non discrimination), physical safety and material security.” Does concern for the 15% of the population of Iraq that has fled their homes fit within our criteria for “victory?” Who would assure these people that it is now time to go back? Should it be part of the current presidential debates?
Irate and American Friends Service Committee sponsored a meeting on April 1 between Senator Menendez’s staff and four women whose husbands were detained in the past few months through individual house raids by ICE. Their children, of course, are American citizens. One of the men was on parole, two were sent to detention in Alabama (!) and one was in Elizabeth. The staff listened carefully and promised to look into the cases. Since then one of the men detained in Alabama has been returned to the Hudson County Jail – a little closer to home. Further meetings with other representatives are being planned.