INS MEETING FOCUSES ON DETENTION POLICIES

The INS has recently met with the Detention Watch Network, a watchdog group comprised of many non-governmental immigrant advocacy organizations. At the meeting, a number of topics were discussed in the ongoing effort to deal with the issues relating to INS detention.

The first subject of discussion was INS procedures for release of those with final orders of deportation.  The INS asked advocacy groups to review current INS instructions and procedures in this area for the development of final rules on the issue.  One version of this final rule that was discussed would create a single release procedure for all those with final orders, (including Mariel Cubans, who currently have their own release regulation).  Under this rule, INS headquarters would be given explicit review authority over these release decisions.  It would review the decisions for thoroughness and common sense.

One of the most sensitive issues involving detention is the detention of asylum seekers.  At the meeting, the INS said that it was beginning to explore the idea of a “First Interview Asylum Grant.”  Under this practice, an Asylum Officer (AO) would have the discretion to grant asylum at the credible fear interview if the AO determines that the asylum seeker shows well-founded fear.  These people would be released at that time.  Those who were not found to have well-founded fear would be placed into the standard credible fear procedure. According to the INS, surveys of AOs show that if given the power they would grant asylum at this initial stage in certain "obvious" cases.  While the INS has proposed this idea, it does see problems that would have to be worked out before the practice could be implemented.  First, the First Interview can not delay the credible fear hearing; second, it cannot be allowed to create the impression that there is a "right" to the First Interview; third, the denial of asylum at this point should not be allowed to influence a later asylum determination; and fourth, the INS would require a way to complete fingerprints before release because of security concerns.

One area for which advocates have long pressed for improvement is in the access detainees have to information about their rights.  It appears the INS is attempting to make improvements in this area.  According to an INS representative, videos and information produced by advocacy groups would be placed in all INS detention facilities, and would shortly thereafter be placed in the 25 county and state jail facilities with the largest number of INS detainees.  If facilities did not show the video and make the information available they will lose their contract with INS.  There will be 10 INS officers responsible for enforcing this requirement

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