The National Immigrant Justice Center condemns the November 6 policy directive issued by U.S. Immigration and Customs Enforcement (ICE) that will keep behind bars individuals who have suffered persecution in their home countries.    

The ICE directive reverses a long-standing policy that favored "the release of aliens found to have a credible fear of persecution" when they do not pose a risk of flight or danger to the community. The new guidelines impose highly restrictive standards that make release impossible for many asylum seekers and guarantees that they will remain jailed, some for years, even though they have never committed a crime. Detaining individuals who have suffered torture, arbitrary arrests and death threats stands in stark contrast to our nation's commitment to protect men and women who flee persecution and seek safety in the United States.  The policy also violates international human rights law, including the U.N. Convention relating to the Status of Refugees.

The new policy continues the requirement that asylum seekers establish their identity and that they are not a flight risk or a threat to the community.  However, asylum seekers now must also demonstrate that they fit into one of five narrowly defined criteria: (1) those who suffer from serious medical conditions, (2) pregnant women, (3) certain juveniles, (4) those who may act as witnesses in court and (5) those whose detention is not in the public interest.  Many, if not most, asylum seekers will not be able to establish eligibility under those categories. Some do not fit any of the criteria and many of those who do will not have the required documentation or be able to access it due to their incarceration. 

Moral, fiscal, medical and policy arguments establish that it is never in the public interest to keep asylum seekers who present no threat to the community behind bars, yet few asylum seekers will be able to benefit from eligibility under the fifth criteria. This category requires extensive documentation, multiple written reports and additional bureaucratic layers that would inhibit immigration authorities from exercising their discretion to determine that an asylum seekers' release is in the public interest. 

ICE's new policy disregards the American tradition of welcoming people in need who deserve and are eligible for protection under our laws. This policy directive should be rescinded.

Read the new ICE policy directive on determining parole for asylum seekers here.