Sign-On Letter Re: Asylum/Detention Facilities

Dear Colleagues,

As many of you know, when arriving asylum seekers are detained in US immigration jails, they are not given access to bond hearings or to a fair and independent procedure under which they can seek release from immigration jail.  As this process is inconsistent with US commitments under the International Covenant on Civil and Political Rights, Human Rights First has urged the U.N. Working Group on Arbitrary Detention to visit the United States to review this situation – as have other groups too.   

The Working Group has already made a request to the United States to visit and they are currently awaiting a formal invitation from the U.S. government before they can proceed with this potential visit.

We have drafted a letter to the U.S. State Department urging them to extend the invitation to the U.N. Working Group as soon as possible.  That letter is below – please let us know if your organization would want to join in this letter.

Please email Aisling Ryan at ryana@humanrightsfirst.org if your organization would like to sign-on to this letter or if you have any suggestions.
Thank you,

Sincerely,
Eleanor Acer & Aisling Ryan

Eleanor Acer
Director, Refugee Protection Program
Tel: (212) 845-5227
Fax: (212) 845-5299

Email: acere@humanrightsfirst.org

The Letter:

December 13, 2006

Mr. Robert K. Harris
Assistant Legal Adviser for Refugees
U.S. Department of State
Office of the Legal Adviser
2201 C Street NW, Room 3422
Washington, DC 20520-6419

Mr. Dan Sutherland
Officer for Civil Rights and Civil Liberties
U.S. Department of Homeland Security
Washington, D.C. 20528

Re: Request for Field Visit from the U.N. Working Group on Arbitrary Detention

Dear Mr. Harris and Mr. Sutherland:

We are writing to urge that the United States invite the U.N. Working Group on Arbitrary Detention to visit the United States in order to assess the situation of asylum seekers being detained here. As faith-based, human rights and other organizations across the United States working on behalf of refugees seeking asylum, we are deeply concerned that current U.S. policy is resulting in asylum seekers being detained unfairly and in violation of U.S. commitments under international human rights law.

As you know, nearly two years ago the bi-partisan U.S. Commission on International Religious Freedom concluded that there are significant problems in implementing and
maintaining safeguards for asylum seekers in the expedited removal process.  The Commission found that asylum seekers are detained in jails and jail-like facilities that are inappropriate for them, that these detention conditions create a serious risk of
psychological harm, and that release rates vary widely across the country, with parole rates as low as 0.5 % in New Orleans, 8.4% in New York and 3.8% in Newark, New Jersey.

For example, a Burmese woman, a member of a religious and ethnic minority group, was detained for nearly two years in a Texas immigration jail, even though she would clearly face torture and persecution because of her political views if returned to Burma.  Similarly, a pastor, who fled Liberia after criticizing the use and abuse of child soldiers, was detained for three months in a New Jersey immigration jail.

The Commission’s recommendations relating to the detention and parole of asylum seekers have still not been implemented by U.S. immigration authorities.  We have attached a briefing paper, prepared by Human Rights First, which outlines some of the ways in which U.S. detention practices regarding asylum seekers are inconsistent with this country’s commitments under the International Covenant on Civil and Political Rights, which the United States ratified on June 8, 1992. 

We note that the United Nations Working Group on Arbitrary Detention has made a request to visit the United States, in order to assess the situation of all detainees in U.S. facilities, including asylum seekers (Report to the Economic and Social Council, 12 December 2005, E/CN.4/2006/7, page 12, paragraph 25).  We understand that the Working Group is awaiting a positive consideration of this request.

We urge the United States to respond to the Working Group’s request for a visit that would include an assessment of the U.S. detention of asylum seekers.

We look forward to your response.  If you should need any additional information on this matter, please contact Jay Staunton or Alexandra Wisotsky of Human Rights First at 202-547-5692.

Sincerely,
Human Rights First

bh