Asylum seekers fleeing political persecution come to America to find safety and protection. But many are detained upon arrival, locked up in jails for months or even years. Their access to legal representation is limited, and they are kept far away from family and other support systems.
CLINIC's Response
CLINIC operates a legal representation program for asylum seekers in immigration detention.
The United States has a long and proud history of offering refuge to persons fleeing political persecution. Unfortunately, the United States sometimes undermines its international standing through its laws and policies related to those fleeing persecution. The detention of asylum seekers, often for prolonged periods, is an egregious example.
Detention can cause particular anguish for asylum seekers, because it can evoke the conditions of terror and torture that they fled in their home countries.
Asylum cases often require lengthy and complex preparation of legal arguments and supporting documentation. Many nonprofit organizations throughout the United States are able to represent nondetained, indigent asylum seekers, but the situation for detained asylum seekers is much more difficult.
Most detention centers are located far away from family, legal, and other support systems. Distance hinders access to legal representatives, who often cannot afford to take a case for free when preparing the case takes many hours and traveling to the detention center for a one-hour meeting with the client can take all day. Detention also makes it more difficult for the asylum seeker to obtain help of friends and family members in getting necessary documentation to support the asylum claim. It can also make impossible medical screenings by volunteer physicians who can substantiate torture claims.
The burdensome and lonely experience causes many worthy asylum seekers to abandon their cases altogether, and to return to countries where they face renewed harm.
CLINIC has led the start-up of detention-based legal immigration services under the auspices of its diocesan member agencies in Boston, Newark, Miami, El Paso, and San Francisco. In addition, CLINIC provides its network of member agencies technical assistance to start and expand its own detention-based program. As such, CLINIC has developed the largest legal representation program for asylum seekers in immigration detention.
CLINIC attorneys work within detention facilities in Louisiana and California, two states with rapidly growing detainee populations. There, they identify victims of persecution and torture that have strong asylum cases, and either represent them in removal hearings before Immigration Judges or assist them in locating pro bono counsel. CLINIC also plays a lead role in a nationwide program that represents and assists victims of torture.
Asylum cases are very resource-intensive, involving 40 hours or more of legal research, interviewing clients and witnesses, preparation of witness statements, and compiling extensive supporting evidence. The work is demanding but the rewards are immeasurable: knowing that each client granted asylum will not perish at the hands of persecutors, but can make a life of safety and security in the United States.
In 2006 and 2007
CLINIC continues to perform lead agency work for a group of nonprofit organizations that represent detained torture survivors in New York/New Jersey, Miami, and New Orleans under a subcontract issued by the Department of Health and Human Services (HHS)/Office of Refugee Resettlement (ORR). Participation in this program permitted CLINIC to better understand the technical support needs of diocesan programs and to help identify potential funding streams to support their work.
CLINIC attorneys work in detention facilities to identify immigrants with strong cases for political asylum or Torture Convention relief. CLINIC staff takes on new asylum and torture survivor cases for detained clients in Immigration Court removal proceedings. These cases are very work-intensive, involving 40 hours or more of legal research, interviewing clients and witnesses, preparation of witness statements, compiling extensive supporting evidence, and seeking volunteer medical personnel to perform medical or psychological evaluations of clients.
Since its inception in July 2001, the National Asylee Information and Referral Line has served over 20,000 asylees with over 47,000 referrals to local refugee resettlement services. The line currently receives about 200-300 calls per month from an extremely diverse clientele who represent approximately 57 nationalities in any given month.
Funded by the ORR, the toll-free phone number can refer asylees to more than 500 local providers of resettlement services such as English language classes, employment training and placement assistance, cash assistance, and healthcare. Speaking 19 languages, the phone line’s counselors offer asylees access to the resources that they need to become integrated within the community.
Colombians, Venezuelans, Haitians, Cameroonians, Ethiopians, Togolese and Chinese account for the largest amount of calls. Florida, California, New York, and Maryland were the locations with the most referrals. In addition, CLINIC updated its informational pamphlet for service providers entitled Asylee Eligibility for Resettlement Assistance: A Short Guide and distributed 1,000 copies.
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