Immigration

Jailing Asylum Seekers: A Bipartisan Approach

Published February 03, 2009 @ 09:06PM PT

Marisa Treviño writes about Emilio Gutierrez-Soto, the Mexican journalist who fled to the U.S. to escape the drug gangs threatening his life back home.  DHS locked him up for seven months while he pursued his asylum case.  Now he's been released pending a final decision in his case.

Standard procedure in the Bush Administration these past 8 years was to lock up asylum-seekers like Gutierrez-Soto and his son for indefinite periods of time. It was never enough for the former administration that these people asking for asylum had already undergone traumatic events in their lives but administration officials felt compelled to compound the trauma with abysmal treatment by never giving asylum-seekers a clear date as to when they would be released.

The reason for this policy is clear: imprison people for long enough in miserable conditions with no endpoint in sight and eventually some will give up and agree to leave.  It sends a message to other asylum-seekers: No refuge here.

The psychological trauma inflicted by locking up asylum-seekers who've already been imprisoned and tortured by their home governments, who came here hoping for refuge or at least a fair trial, who committed no crime, is something for which I don't think I'll ever be able to forgive my government.  I only experience it vicariously-it will never happen to me or my family.  But seeing it as I have makes it very difficult for me to trust the government again.  Something is broken inside, there is a betrayal that will never be eased.  I don't see how it can be, given the nature of government.

It would be nice if the Obama administration released all the jailed asylum-seekers pending resolution of their cases--or at least those without serious criminal convictions.  It would be nice if the government acknowledged the demonstrated 94% appearance rate of participants in alternatives to detention.  It would be nice if the asylum-seekers who hadn't made it into the papers also received the courtesy Gutierrez-Soto has been shown by the new administration.

It would be nice, but I harbor few illusions.

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Comments (34)

  1. L.S. hope

       At least they don't have to pay taxes!(I'm being facetious.) Actually, I don't care any more. Put me in jail. I can't afford health insurance, house payments, or the rapidly rising cost of food. (I think most of American is seeking asylum.)    These asylum-seekers might as well be Americans. They've been suppressed by their government, they're looking to America for a better life, and they're imprisioned by our government with no end in sight. (I don't even know why they would want to be here.)
       Not to be rude, or bash you guy, but  do you forget? Obama's administration are politicians.

    Posted by L.S. hope on 02/03/2009 @ 11:14PM PT

  2. Kurt Thialfad

    "...clear date as to when they would be released."

    I think it's clear they can leave prison anytime they chose, on the condition that they return home and do not enter the US.  Obviously, they pose a threat to public safety or they cannot provide for themselves, and that is the rationale for their detention.

    Posted by Kurt Thialfad on 02/04/2009 @ 12:12AM PT

  3. Dave Bennion

    Asylum seekers are eligible to apply for a work permit 150 days after the interview at the asylum office, so they can usually provide for themselves.  And I'm not talking about people with serious criminal convictions--I may not agree with locking them up indefinitely after they've already served their time for previous convictions, but at least there's a facially plausible policy basis for that decision.  Sometimes the government has alleged that an asylum-seeker provided material support to terrorist groups (for instance if someone is a member of a resistance group the U.S. doesn't like or was kidnapped and forced to provide slave labor to such a resistance group) but that's a relatively small number of these cases.  So no, it's not obvious to me that "they pose a threat to public safety or they cannot provide for themselves."

    Posted by Dave Bennion on 02/04/2009 @ 04:50AM PT

  4. Kurt Thialfad

    some pose a threat to public safety; and some cannot provide for themselves.  I think we can both agree about that.

    Posted by Kurt Thialfad on 02/04/2009 @ 08:57AM PT

  5. Dave Bennion

    What?  Did you read anything I wrote?  Repeating yourself does not constitute an argument.

    Posted by Dave Bennion on 02/04/2009 @ 07:57PM PT

  6. Alex Shqipe

    lol he just skipped...

    Posted by Alex Shqipe on 02/04/2009 @ 08:11PM PT

  7. Kurt Thialfad

    Dave;
    Whoa, I guess I'm the one lol.  Note, I changed "they" to "some", in order to try to find some common ground with you, and come to something we can both agree upon.  Yes, I concede that the number who need to be detained is very small.  I only want to determine 'how small'.  What exactly are the numbers?  Because if you don't have the data, how can you ever hope to solve the problem?
    Naturally, you would want to detain torturers, sex predators, and military deserters.  Perhaps, terrorists, violent gang members, and those advocating the  violent overthrow of American government.  Those escaping justice for murder, rape, theft, child abuse and abandonment, parking tickets, etc.   Drug users, pushers, and smugglers.  Smugglers of contraband - weapons; forbidden fruits and vegetables, slaves;  Those with health issues - TB and HIV-infected, and the mentally-ill - suicidal, schizophrenic etc.
    Can you give me some idea of how many of these type of people cross our borders illegally, and/or overstay their visas? .00001% out of 1 million annually, perhaps?  You tell me.  I'm all ears.

    Posted by Kurt Thialfad on 02/05/2009 @ 10:54AM PT

  8. Dave Bennion

    The undocumented population is hard to measure.

    But the percentages are small.  INS/DHS formed special Fugitive Ops teams specifically to go after criminals.  Congress threw hundreds of millions of dollars their way.  But before long, the FOTs started to run low on targets and started going after people with no criminal record.

    By 2007, "fugitives with criminal records dropped to 9 percent of those arrested."  And:

    "Three-quarters of the criminal fugitive aliens arrested in FY 2007 had committed nonviolent crimes, such as shoplifting . . .  fugitive aliens posing a threat to the community or with a violent criminal conviction represented just 2 percent of all FOT [Fugitive Operations Teams] arrests in FY 2007."

    http://immigration.change.org/blog/view/dhs_pursues_dangerous_fugitive_gardeners_nannies

    So the numbers are low.

    Posted by Dave Bennion on 02/05/2009 @ 06:48PM PT

  9. Reply to thread
  10. Evie Romero Montoya

    I pretty much live on edge every day because I am so filled with mistrust of my government, especially regarding the immigration policy. Tell me, Dave, is it just my imagination, or is immigration, like always, again on the back burner?

    Posted by Evie Romero Montoya on 02/04/2009 @ 06:51AM PT

  11. Dave Bennion

    Not your imagination.

    Posted by Dave Bennion on 02/04/2009 @ 07:59PM PT

  12. Luis  Ramos

    There is a reason immigration is on the back burner. The public(even Latinos) care about more domestic issues, such as health care, education, social security, and most importantly the economy.  To reply to the topic of asylum seekers. It is difficult to prove your case if you seek asylum. You have to have proof showing your accusations. I cannot defend it nor criticize it because I don't know the how the procedure is handled. Though I don't believe they put them in jail. I know a girl who has a friend who is seeking asylum. She says that the road is difficult, but said nothing about being in jail.

    Posted by Luis Ramos on 02/05/2009 @ 10:09AM PT

  13. Kurt Thialfad

    I think whenever something progressive is attempted on the immigration issue, the immigration attorneys get all bent out of shape.  And they have some powerful representation in the government e.g. Zoe Lofgren.  The more messed up our system remains, the more revenue for them.

    Posted by Kurt Thialfad on 02/05/2009 @ 11:52AM PT

  14. Dave Bennion

    There are a variety of situations in which asylum-seekers with no criminal record are put in jail pending resolution of their cases.  For instance, the subject of the article above.  

    And AILA, representing in large part attorneys who handle employment-based visas, was one of the more centrist voices during the CIR debates of the last several years.  

    Posted by Dave Bennion on 02/06/2009 @ 05:00AM PT

  15. Reply to thread
  16. Evie Romero Montoya

    Dave, do you think immigration policy will be addressed, or do you think it will stay on the back burner? With regard to immigration policy, is your perception that Obama is like the rest of the powers that be? Thank you for writing your blogs. I finally feel like I am able to see into what's happening because of the information and expertise you provide.

    Posted by Evie Romero Montoya on 02/05/2009 @ 03:45AM PT

  17. Alex Shqipe

    there comes a point were you just give up, im really close to doing that. after all these years of fighting and fighting, i have to give up. my parents bleeding for the money they make, on top of feeding every attorney in America... i just dont have the heart to tell them that even with CIR, they would not qualify (since they already had their court)...

    my mother told me last night, "i will work hard to pay what the lawyers want to buy us some time, so you and your brother could continue school here, as far as me and your dad; every problem we've had, we've faced it together, we will until we leave this world; together"

    you can hide behind your little computer, but my day will come.

    Posted by Alex Shqipe on 02/05/2009 @ 11:11AM PT

  18. "The psychological trauma inflicted by locking up asylum-seekers who've already been imprisoned and tortured by their home governments, who came here hoping for refuge or at least a fair trial, who committed no crime, is something for which I don't think I'll ever be able to forgive my government."

    Yeah, that about sums it up for me, too. The treatment of asylum-seekers is unconscionable. That and the faces of frightened children being wrenched from their mothers' arms as their parents are detained and humiliated. What is wrong with our government...indeed, the American people? How is it that we have become so inured from the psychological trauma happening all around us: torture, a gulag of "detention centers" (concentration camps, really), the threat of deportation hanging over the heads of promising students who are Amercians for all purposes (having grown up here), etc?  Abuses worthy of a fascist regime.  What have we become? Yes, it would be nice if the other asylum-seekers received the same courtesy as Gutierrez-Soto. Okay, I'll stop griping now and go write that letter to the President and my reps concerning our treatment of asylum seekers. I just hope they're listening.

    Posted by a d on 02/05/2009 @ 05:53PM PT

  19. Alex Shqipe

    Vey nice Lisa, you just have more hope and courage in you than i do... ive lost my full potential/ energy a long time ago; im sure im not the only one.

    thank you for spending your time to write in these blogs :)

    Posted by Alex Shqipe on 02/05/2009 @ 06:00PM PT

  20. I am touched by your comment, Alex. The dreamers (and all undocumented peoples) are the very folks who inspire me with hope and "courage"...because my struggles are nothing compared with yours.  I was just reading about one of your fellow dreamers, Karina De La Cruz, over at Citizen Orange (the blog "Inspiration").  I wish I could say something to give you more hope, but I know how difficult things are for you.  All I can say is, I know you've had a long, hard journey and I'm glad you are here. We love you and want you here...the haters can go back to whatever hole they crawled out of! (sorry, I'm feeling a bit out of sorts tonight).

    Posted by a d on 02/05/2009 @ 06:36PM PT

  21. Wire Paladin

    Granted the treatment of asylum-seekers in the US is dismal.  But where are they treated any better?  Cuba, Russia, China?  Sweden?  Holland?  Germany? South Africa?  Australia?  In principal, an asylum-seeker must claim asylum in the first convention-supporting nation they enter.  However, many delay their asylum claim until they enter the US, because of the better treatment they will receive.  I think the system is frankly overwhelmed. But the US accepts more refugees than any other nation, by far.  So it's not like we're not doing our part.

    Posted by Wire Paladin on 02/06/2009 @ 05:39AM PT

  22. Dave Bennion

    Cuba, Russia, or China are not countries to aspire to be like in terms of treatment of outsiders.

    Asylum-seekers are treated better in Canada and I believe in the UK, though I know they've been detained in the UK in the past.  I don't know much about asylum in other European countries.  But I've not seen stories of asylum-seekers in Germany or France being locked up for years on end like they are here in the U.S. 

    "many delay their asylum claim until they enter the US, because of the better treatment they will receive." 

    If someone settles in another country before coming to the U.S., it's much harder for them to get asylum here.  And the point of my post above is that they don't get treated better here, they get treated worse. 

    The U.S. may accept more refugees in absolute terms, but we also have a much larger population than any European state.  And we bear more responsibility for refugees where we've created or exacerbated the problem: Iraq, Afghanistan, Somalia, Central America, Palestine.

    Posted by Dave Bennion on 02/06/2009 @ 06:51PM PT

  23. Wire Paladin

    I dunno, Dave.  I strongly disagree with you on a couple of points, such as:

    Maybe each country should be rated with an asylee-friendly index.  Canada and Germany at the top, then the US, and at the bottom, Australia (for accepting a whoping 16), Russia, China, Mexico.  I am puzzled when you write "they don't get treated better here (USA), they get treated worse.  Worse than who?  Germany and Canada?

    There was a famous asylum-seeker in France - he "lived" at Charles deGaulle airport  He couldn't get out.  Absolute limbo. This case definitely lowers France's asylee-friendly index by several points.

    The USA accepts more than all of the EU - that's 400 million people.  The fact that the US has a larger population than any single European state is no justification for the US to accept more refugees - we should be accepting fewer because our country is already overpopulated.  I do not understand your logic. And we didn't create the problems in Iraq, Afghanistan, Somalia, Central America, and Palestine.  We're the good guys - the shining city on the hill - spreading democracy. By your logic, Israel should be accepting all the Arab refugees and Germany should be accepting all the Jewish refugees, and China all the Tibetan refugees. 

    Posted by Wire Paladin on 02/06/2009 @ 10:41PM PT

  24. Alex Shqipe

    from what did you see that this country is over populated??... do you consider the fact of the "population per square mile"... it looks overpopulated to you b/c you see Florida, California, New York; have a large amounts of people. I dont see anyone moving to the middle of the country, the population there its soo low. If you go down by New Jersey you see one house in every half a mile. compared to the land mass of the U.S. 800 million is not alot. Cities are bound to have more people, more jammed up. Every city you go to, its gona have a large amounts of people, thats why skyscrapers were created. Skyscrapers were created back in 1800's to acumilate the vast population in a small area. Manhattan, Tokyo, Chicago, Hong Kong, Berlin, Paris, London.

    if you travel out in the middle of the United States, you will pray to see someone. I know trust me, because I've gone to every state in this country. During the 13 colonies, no one wanted to move west, until the gold rush, but from eat to west, and no one in mid-America.

    and in your comment "And we didn't create the problems in Iraq, Afghanistan, Somalia, Central America, and Palestine"... um not directly, your not spreading democracy, your spreading fear and udjust yourself as the BOSS of the world. Same reason as the Soviet Union and its communism, they wanted POWER. a little off topic here.

    you havent lived in a communist era; i have. things are a little diferent from what you read. Why doesn't the U.S go and free the millions butchered in Suddan and Darfur?... correct me if im wrong.

    and the other nations sutch as Canada, Australia, England, Germany... they are nations of basically one race, they were formed by nationals stand alone. The U.S started as a nation of immigrants, when the Italians and Irish came here off the boat, the nativists wanted to kill them all...

    couple of things i agree with you and your supporters... i want the border to be secure, i want people to be proud of their home country, BUT put this country first. most workers dont want to live here, they just come here for jobs. the Dreamies want to live here.

    take care.

    Posted by Alex Shqipe on 02/07/2009 @ 07:36AM PT

  25. Dave Bennion

    "we should be accepting fewer because our country is already overpopulated."

    There is a premise and a conclusion there that I disagree with.  Down the road, that mentality leads to a Children of Men scenario where the wealthy few live fenced in, protected lives surrounded by masses of poor.

    Posted by Dave Bennion on 02/07/2009 @ 08:22AM PT

  26. Wire Paladin

    Children of Men scenario?  What is this weird stuff you're talking about?  I'd lime to remind you that smoking pot leads to heroin addiction.

    Posted by Wire Paladin on 02/07/2009 @ 08:05PM PT

  27. Wire Paladin

    from what did you see that this country is over populated??

    Look around you Alex and you can see the warning signs.  The many other species going extinct,  The ever scarcer water supplies.  Increased famine.  Increased greenhouse gases.  A blind man can see it but apparently you can't.
    800 million in the US?  The environmentalists are simply not going to let that happen.  The US has the same landarea as China, the most populated nation - we are 3rd.  At the end of the century the US will have over 1 billion people.  China, at 1.3 billion has a state mandated population control policy. In the next century the US will have a state mandated population control policy.  Let take action now to avoid the catastrophe then.   Alex, are you a Ruskie?

    Posted by Wire Paladin on 02/08/2009 @ 12:04AM PT

  28. Alex Shqipe

    i have no idea why i wrote 800 million, i got confused with another nation, its 300 million, sorry for the mistake. increased greenhouse gases dont come from the U.S being overpopulated. U.S produces the most greenhouse gases, thats because some of us drive those huge monstretrucks down the road. China has the biggest poppulation, but yet it doesnt make the biggest C02 emmisions.

    And U.S actually has a bigger land mass than China. Add to the fact that China's land is mostly mountanious. U.S is equavently flat in most areas, open you geographical atlas.

    About placing a cap to how many children you could have, i agree with you. im not gona name who, have 6-7 kids and live on welfare.

    U.S.A being the world's 3rd most populated country, its way off from #2 India (behind 700 million)... so yea we have alot of catching up to do.

    U.S also has a lower birth to death ratio. for some reason people die alot here. more than they are born.

    off topic, but you cant blame overpopulation on immigration. most of the people u see on the street corners waiting for a construction van to pull along, they dont want to stay here. they just want to work and go back.

    (my numbers are not exact, i got lazy not to open up the statistics).

    and nope, im not Ruskie.

    Posted by Alex Shqipe on 02/08/2009 @ 06:10AM PT

  29. Wire Paladin

    Alex;     You haven't a clue what you're talking about.

    Posted by Wire Paladin on 02/08/2009 @ 11:31PM PT

  30. Reply to thread
  31. I am not comparing the U.S. to other nations here.  I am much more interested in whether we're living up to our own stated ideals as a nation.  The right of habeas corpus - that is, the right to seek relief from unlawful detention - is enshrined in the U.S. Constitution and has a long history going back to the Magna Carta.  So, the practice of holding people indefinitely with no clear idea of when they'll be released is a fundamental betrayal of the U.S. Constitution and American values.  (that said, I am not against the government - just deeply disappointed that we are not living up to our own ideals and standards for humane treatment of prisoners.) 

    You know, I wanted so much to offer some hope or encouragment to Alex, but I can't. I don't want to trivialize the situation because I recognize that things have deteriorated in this country to the point that even the most basic civil liberties are under attack. The Bush administration did an end run around the Constitution and basic rights of due process and equal protection of the laws (which applies to all persons, not just citizens).  So, this is the betrayal.  I just hope the Obama administration can turn this around and restore the confidence of the people in the government which went missing during the Bush regime. 

    Posted by a d on 02/06/2009 @ 07:07PM PT

  32. whoops, sorry about that, Dave! you can delete the last two comments (and this one) if you like.

    Posted by a d on 02/06/2009 @ 07:10PM PT

  33. Alex Shqipe

    Hey Lisa, thank you for your comments... I've had friends that were undocumented, and soon after they won their isylum; they told me "oh i dont got time to listen about your immigration problem"... people forget, i just hope i dont forget this, weather Dream Act passes or not.

    i get on this site in hope to hear some good news, learn some new things, and debate with those who are worth it; also accept the views of others who might be against me.

    the smart ones say "oh go back and come here legally"... um yea i would if i didnt have the 10 year ban. everyone of us would. this is not CIR, this is about the Dream Act. CIR is very general and much harder.

    i want to get it over with this immigration issue. i want to be involved with other issues/ ideas as well...

    if im gona hurt my head everynight to respond to some hideous comments, then i rather overdose on stress pills and sleep like a baby.

    I love Americans, its just some Americans i cant stand.
    - Bill Maher

    Posted by Alex Shqipe on 02/06/2009 @ 08:29PM PT

  34. ha,ha...yeah, Bill Maher must be channeling my thoughts! Please don't stress over the words of some ignoramus.  The haters are a dying breed, while you are young and full of potential (that's probably why you threaten them). I think you could be a good advocate for social justice because you know what injustice feels like. You are the future of this country. So, hold your head high and don't let the bastards get you down, Alex! ;-)

    Posted by a d on 02/08/2009 @ 06:49PM PT

  35. Kurt Thialfad

    You are the future of this country

    God help us!

    Posted by Kurt Thialfad on 02/09/2009 @ 10:09AM PT

  36. Alex Shqipe

    Kurt theres many who dont agree with us... but your just one of a kind.

    you just remind me of Joe the plumber. lol. start your own t.v reality show "Kurt Knows Best"...

    Posted by Alex Shqipe on 02/09/2009 @ 10:40AM PT

  37. Reply to thread
  38. Wire Paladin

    Lisa; Yes, the right of habeas corpus, the right to a speedy trial is guaranteed by the constitution.  But the constitution also guarantees to each State, protection from invasion.  This is a more overriding concern in my book.

    Posted by Wire Paladin on 02/07/2009 @ 06:41AM PT

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Dave Bennion

David is an attorney in Philadelphia, PA, where he helps immigrants to the U.S. navigate the complex immigration legal system. Views he expresses at change.org are his alone and don't represent the views or opinions of his employer, Nationalities Service Center. The information contained on this site is intended for educational and advocacy purposes only.

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