A report by several immigration attorneys for the legal advocacy organization CLININC on the administration of the new credible fear process for persons applying for asylum when entering the US and the expedited removal process for persons seeking non-immigrant admission to the US reveals a pattern of problems in ensuring the fair treatment of such applicants. The credible fear screening process for asylum applicants is supposed to screen out frivolous asylum claims at the time of entering the US. The expedited removal process is intended to quickly process and remove persons deemed ineligible to enter the US such as persons found to have criminal histories. The following are some of the problems reported:
- expedited removal aliens report being shackled to airport benches for up to 18 hours before being transported to jails or INS detention center. During this time, they are denied food and are separated from traveling companions or family members. They also report being denied the right to make a phone call.
- while the INS has translated the M-444 document “Information About Credible Fear Interview” into 13 language, many people still receive only the English version. The “free legal services list” is only being offered in English and often only list organizations that do not provide representation to aliens in detention.
- inspectors are reportedly failing to supply credible fear applicants with a copy of their sworn statements (Forms I-867B) as required. While they sometimes give aliens their statements after they are put in detention, they are only provided if requested and detainees are not being told of their right to request the document.
- credible fear applicants are being permitted to make phone calls, but many are unable to do so because their address books and other possessions are confiscated. The items are only returned after the credible fear screening has taken place.
- the reliability of INS interpreters has been called into doubt after a series of cases have been reported of applicants receiving damaging credibility findings as a result of incorrect translations. The ability to find affordable private translations services is also very difficult.
- detainees are often forced to choose between seeing their attorney or eating their lunch.
- lawyers are forced to wait from one to three hours to see their clients at the detention facilities.
- while applicants are supposed to receive a copy of the asylum officer’s notes, many applicants are not receiving them or are being told they can only get them if represented by an attorney.
- credible fear detainees often languish in detention facilities for long periods of time (an average of 52 days) before a decision comes on their cases.
- some applicants are reporting being forceably sedated, receiving insufficient food and being placed in solitary confinement.
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