By Vincent Cochetel, Office of the United Nations High Commissioner for Refugees - 07/14/11 12:25 PM ET
In 2001, Sara*, a young Sri Lankan woman fled her home after being captured and tortured by members of the military. While attempting to reunite with family in Canada, she passed through a United States border checkpoint. After telling authorities of the horrors and persecution she was fleeing, she was then taken into immigration custody under a law that requires the detention of asylum seekers who arrive at U.S. borders and prohibits immigration judges from ordering release. Sara spent more than four years in an immigration detention center fighting to prove her asylum claim. She won and was eventually released.
Sara’s story is not unique. Under existing law, each year thousands of asylum seekers, refugees and stateless persons who have sought safe haven in the United States are detained. Seeking protection is not a crime, nor should it be penalized. Like Sara, circumstances beyond their control prevent their return home. Their situation calls for protection, not punishment and shelter, not imprisonment.
The situation that they face could get worse. The House of Representatives is currently considering H.R. 1932, the Keep Our Communities Safe Act of 2011, though the bill purports to promote public safety, it actually casts a much wider net, and asylum seekers, refugees and stateless persons are among those caught in it. The bill would cut off vital due process and unfetter the government’s authority to hold these individuals and others, many of whom pose no flight risk or danger, in jails, prisons, and immigration detention centers, for months, years or even for life. The bill offers no meaningful way of challenging their detention before a judge and restricts the use of cost-effective and humane alternatives to detention.
The United States has other options. Global research conducted by leading stakeholders in the field, including the United Nations High Commissioner for Refugees (UNHCR), point to alternatives to detention that are less costly and uphold the United States’ commitment to human rights. The surveys prove that alternative models, such as release on bond or to community-based support programs, would save the United States thousands of dollars per person. Rather than increasing the time and number of asylum seekers in detention, the United States should take the lead in expanding the use of innovative and cost effective policies.
http://thehill.com/blogs/congress-blog/foreign-policy/171503-the-keep-our-communities-safe-act-has-the-wrong-priorities#.TiBrP6WcawI.twitter