U.S. Detention of Asylum Seekers: Seeking Protection, Finding Prison
by Human Rights First
May 31, 2009
Through our pro bono representation work, and in conducting research for this report, we have learned of many refugees who were jailed for many months—and some for years—in these prison-like facilities before being granted asylum in this country. Many asylum seekers
could have been released from detention while their cases
were pending, either on parole or through an immigration court custody hearing. Providing asylum seekers with access to fair release procedures does not undermine security. In fact, the Department of Homeland Security’s regulations and guidelines on parole expressly prohibit the release of an individual who presents a risk to the
community or a flight or security risk. The case law governing immigration court custody hearings also requires that the individual establish that he or she does not present a danger to others, a threat to national security, or a flight risk.
