ASYLUM SEEKERS AND TORTURE SURVIVORS

The Need

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.
415 Michigan Ave., NE
Suite 150
Washington, DC 20017
202.635.2556
202.635.2649 fax

media inquiries:
e-mail me
(202) 635-5810
ANNOUNCEMENTS

CLINIC Asks USCIS to
Change Adjustment of
Status Regulations for
Asylees.
photo: Steven Rubin
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