To All Living Things

"This woman has not only established a credible claim, she has been granted asylum."

Amnesty Action:
Arbitrary Detention of a Chinese Refugee in the United States
by Kathy Gay

his week’s action from Amnesty International is the final case being presented at VegSource from the organization's Refugee Campaign, "Human Rights Have No Borders." It concerns the continued detention of a Chinese woman who arrived in the United States in March 1997 without proper documents. Following a hearing in August, an immigration judge actually granted her political asylum. However, the Immigration and Naturalization Service (INS) subsequently appealed that decision and refuses to release her until the appeal is decided. This process could take months or years.

INS guidelines allow face="Times New">who have established credible claims. This woman has not only established a credible claim, she has been granted asylum. Her continued detention – despite a reported offer of bond and a relative's reported willingness to care for her – appears to violate accepted standards of humane treatment.

Amnesty International is not only urging the INS to release this woman from detention until her case is resolved, but is also asking the agency to clarify its policy on the status of detainees who have been granted asylum.

Background Information

Amnesty International believes that asylum seekers should not be detained under normal circumstances. Exceptions to this standard, which the United States has accepted, should be made after a hearing on the suitability of detention. In this particular case, however, the decision to continue to detain the woman was made at the discretion of an INS District Director who claims that immigration rules prohibit her release except in very narrow circumstances.

Amnesty takes no position on the merits of this woman's asylum claim. However, her case clearly conforms to a pattern of confusion and inconsistency throughout the INS detention system. In almost all cases, the immigration service fails to distinguish asylum seekers from other detained aliens. Amnesty believes that the INS should release refugees who have been granted asylum, even if the agency decides to appeal their cases. The prospect of spending months in prison may cause asylum seekers to abandon their claims and risk returning home to face possible human rights violations.

How you can help

Please send a letter to the Commissioner of the U.S. Immigration and Naturalization Service as soon as possible, but no later than December 31, 1997. You may use the sample letter linked below or use it as a model to write your own letter. If you choose to use the sample letter, please cut off or delete all website information at the very top of the letter. If you prefer to write your own letter, please keep in mind that its intent is to improve the human rights situation in the United States. Make sure the letter is politely worded, non-partisan (i.e., not used as a vehicle for political expression) and written with respect for the recipient. Be sure to include both your name and address, as well as the date, on your letter.

Questions?

If you have any questions, just post a message to me (Kathy Gay) on the Activism Board, and I will respond as soon as I can. I greatly appreciate your interest and support.

To see the sample letter for this action, please click here.

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Kathy Gay is a vegan, and has been a member of Amnesty International since 1987, where she has worked on numerous campaigns. She lives in the San Francisco Bay Area and is a business analyst for a leading California bank.

Kathy's column, To All Living Things, is a regular feature of VegSource On-Line Magazine.