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

Transcription

1 January 31, 2007 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, D.C Mr. Dan Sutherland Officer for Civil Rights and Civil Liberties U.S. Department of Homeland Security Washington, D.C 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 the United States to respond favorably to the request of 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

2 this country s commitments under the International Covenant on Civil and Political Rights, which the United States ratified on June 8, 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. A favorable response would be consistent with this country s commitments under international law to ensure the protection of asylum seekers. A visit from the Working Group could also provide valuable information on how to move forward and ensure that the United States fully meets its responsibilities to asylum seekers under international law. 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 Sincerely, American-Arab Anti-Discrimination Committee American Friends Service Committee Philadelphia, Pennsylvania American Immigration Lawyers Association Amnesty International USA Arab Community Center for Economic and Social Services (ACCESS) Dearborn, Michigan Asian American Justice Center Capital Area Immigrant s Rights Coalition Center for Constitutional Rights

3 Center for Gender & Refugee Studies University of California, Hastings College of the Law Center for Intercultural Organizing Portland, Oregon Center for Victims of Torture Episcopal Migration Ministries First Friends, Elizabeth Detention Center Program Elizabeth, New Jersey Florida Immigrant Advocacy Center Miami, Florida Grassroots Leadership Charlotte, North Carolina Hispanic Development Corporation Elizabeth, New Jersey Hate Free Zone Seattle, Washington Hebrew Immigrant Aid Society, Hispanic Development Corporation Newark, New Jersey Homies Unidos, Los Angeles, California Human Rights First Idaho Community Action Network Boise, Idaho Immigrant & Refugee Rights Program

4 Washington Lawyers Committee for Civil Rights and Urban Affairs Interfaith Refugee Action Elizabeth, New Jersey Kurdish Human Rights Watch Fairfax, Virginia Lawyers Committee for Civil Rights San Francisco, California Legal Momentum Lutheran Immigration and Refugee Service Baltimore, Maryland Massachusetts Immigrant and Refugee Advocacy Coalition Boston, Massachusetts Minnesota Advocates for Human Rights Minneapolis, Minnesota Minnesota Immigrant Freedom Network Saint Paul, MN Na Loio, Immigrant Rights and Public Interest Legal Center, Honolulu, HI National Council of La Raza National Immigration Forum National Immigration Justice Center Chicago, Illinois Northwest Federation of Community Organizations Seattle, Washington Physicians for Human Rights Cambridge, Massachusetts Political Asylum/Immigration Representation Project

5 Boston, Massachusetts Rocky Mountain Immigrant Advocacy Network Westminster, Colorado Rocky Mountain Survivor Center, Westminster, Colorado Sikh American Legal Defense and Education Fund Students United for Immigrant Rights, Racine, Wisconsin Tahirih Justice Center, Falls Church, Virginia The Riverside Church Sojourners Ministry with Detained Immigrants/Detention Center Visitors' Project Unitarian Universalist Association of Congregations Boston, Massachusetts United Methodist Church, General Board of Church and Society Voces de la Frontera, Milwaukee, Wisconsin Individuals 1 Franced Geteles, PhD. Clinical Psychologist, member of Asylum Network of Physicians Daniel Kowalski Editor in Chief, Benders Immigration Bulletin James Landrith Founder, The Multiracial Activist Jaya Ramji-Nogales Assistant Professor of Law, Temple University 1 Law firms and university names are used for identification purposes only

6 Penny Venetis Clinical Professor of Law Co-Director, Constitutional Litigation Clinic Rutgers School of Law