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Detention of Asylum Seekers in the U.S.

The United States has long viewed itself as the land of the free and the protector of the persecuted, in the words of Emma Lazarus, the "Mother of Exiles." In fact, U.S. concern for the plight of refugees during the Second World War was instrumental in the development of the modern international refugee protection system. Sadly however, "world-wide welcome" no longer glows from the Statue of Liberty’s torch upon the exiles who flee to our shores "yearning to breathe free." Instead, handcuffs, shackles, and imprisonment too often await those who arrive seeking protection from persecution. The imprisonment of arriving asylum seekers, a practice that expanded dramatically in the 1980s, was reinforced by the restrictive provisions of changes to immigration law made in 1996. The "expedited removal" provisions of that law, which went into effect in April 1997, have resulted in lengthy detentions of asylum seekers who flee to the U.S. without valid travel documents. The situation has only worsened as the result of policies enacted since September 11th, 2001.

As a result, those who arrive in this country seeking freedom and protection are routinely imprisoned for months, and sometimes for years, while their asylum cases are pending. Even when government guidelines call for an asylum seeker to be released, local officials often refuse, detaining them at substantial expense to U.S. taxpayers rather than releasing them to the care of legal U.S. family members or friends who are willing to bear the burden of housing and supporting them.



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