Many of the women and children detained at the South Texas Family Residential Center in Dilley, Texas, have crossed the southern border of the United States and are asylum seekers. (Kaitlin Talley – University of San Francisco Law School)
(Washington, D.C.) December 14, 2015 — “Welcome to the United States.” This is what refugees and asylum seekers should hear when they first arrive to the United States, but unfortunately it is a welcome that often comes excruciatingly too late, if at all.Met instead by being thrown into temporary jail-like that have gained nicknames such as “the ice box” and “the pound,” the message many asylum seekers from Central America receive from Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CPB) officials, detention facility staff, and the U.S. government itself is very clearly, “We will send you back.” In this essay, I offer reflections on the stories, strength, and resilience of women and children asylum seekers detained in Dilley, Texas, at the South Texas Family Residential Center, as seen from my week spent volunteering there as part of the CARA Family Detention Pro Bono Project in October 2015. The majority of the women and children detained in Dilley, along with the majority who entered the U.S. during the surge of the summer of 2014, traveled from their home in one of the Northern Triangle countries of Central America: El Salvador, Guatemala, and Honduras. Almost all of the women and children speak Spanish, as do many of the detention facility staff. However, some women speak indigenous languages and either speak limited Spanish as their second language or do not speak Spanish at all. These women have a particularly difficult time in detention because the resources provided to the women are provided in Spanish, and indigenous language interpreters are very difficult to obtain. The indigenous language speakers are very much isolated within the center because they cannot effectively communicate with the other detained women, detention center staff, or with asylum officers, or legal counsel. The CARA project does have access to an indigenous language interpreter phone line that facilitates communication between legal volunteers and clients. Many of the women and children who are being detained as they cross the southern border of the United States are asylum seekers. Approximately 85 percent of those detained in Dilley, and 88 percent of all women and children detained, receive a positive Credible Fear Interview determination. The Credible Fear Interview is an interview with an asylum officer that screens their claim for a “significant possibility” of succeeding in an asylum case in front of an Immigration Judge. Passing this interview is the first step in being determined eligible to begin an application for asylum in the United States. The results from the Credible Fear Interviews demonstrate that a very strong majority of the women and children are sincere asylum seekers. Many are fleeing truly unimaginable threats of violence in their home countries. Gang-rapes of young women who refuse to become involved in a gang, brutal violence from domestic partners or husbands that refuse to let them file for divorce or leave the relationship, threats from gang members to kill women, kidnap their children, or kill the families of those who do not comply with the gang’s recruitment or other demands are just a few of the fears often expressed. As a volunteer with the CARA Family Detention Pro Bono Project in Dilley, Texas, I was able to speak with the women and children detained in the center. Many of them had crossed the border only days before, either by crossing the Rio Grande or by approaching immigration officials at a border checkpoint and declaring their fear of returning to their country. As volunteers, our role was to educate women about the detention process, basic asylum law, Credible Fear Interviews, and the release process. Legal volunteers meet individually with women to prepare them for their Credible Fear Interviews and to prepare affidavits for bond hearings or for negative credible fear review hearings. As legal volunteers, we set up each day in a visitation trailer just inside the security checkpoint for the entire detention facility. Lawyers and volunteers from the CARA Project are not allowed beyond the legal visitation trailer or the court trailer. At 7:30 am, we were met by the faces of 30-50 women and children awaiting their morning meeting with a volunteer. In the afternoons, at least that many were waiting again. Mothers waited with their children who ranged in age from just a few months to 17 years old. Sounds of crying, coughing, and sneezing were constant as we worked through the week. Detention was especially difficult for the children who were old enough to understand what was going on. Those children knew that they were being detained and it visibly wore on them. Many mothers reported that their children started crying through the entire night, a 12-year-old would start wetting the bed again, or that their children simply refused to eat. Other mothers reported waiting hours in the detention center’s medical clinic for medical treatment for their child’s fever, headache, stomach ache or other complaints, only being told to put ice cubes under their armpits, to drink honey and water, that the child had allergies, or if they were lucky given a Tylenol to help with the pain. Legally, the situation was not much better. In one bond hearing I observed, the Immigration Judge began the hearing by saying, “I have a policy of setting high bonds. Knowing this, would you like to continue?” A bond hearing should be an individualized determination of a specific client’s flight risk and potential of danger to the community. Yet this judge made it clear that she would not make an individualized determination. The client said she still wanted to continue with the bond hearing, which consisted of a two-hour inquiry into her contacts in the United States and probed into her asylum claim itself. The government attorney argued several times that the simple act of declining release with the ankle bracelet (which allows clients to leave without cost) made the client an even greater flight risk. At the end of the hearing, despite hearing from the client herself that she knows the only way for her to secure her safety and asylum status in the United States is for her to appear at all her future immigration court hearings, the Immigration Judge set a $7,000 bond, one of the highest Dilley had seen yet. Despite the depressing and infuriating conditions, I still left Dilley inspired. I was inspired most by the strength and resilience of these women and their children. These women had experienced some of the most violent things I had ever heard of in my life, and yet they had found the courage to leave their countries and make the dangerous journey to the United States. They faced the uncertainty of their detention and their future in the United States with incredible strength and relentless hope. Women who cried during our interview prep sessions nodded their heads at the end of our sessions with grace and firm resolution, knowing that they must recount the gruesome and intimate details of their persecution to the asylum officer the next day. I also was incredibly inspired by the collaboration and teamwork of the legal volunteers who left their homes and work to band together, compassionately combining language and legal skills with the next volunteers to serve these women as best as we could. As Americans, but more importantly as human beings, we must not overlook the refugee crisis happening in our own backyard. A large majority of the people fleeing their Central American homes are refugees — people who have a legitimate fear of persecution in their home country on account of their religion, political opinion, nationality, ethnicity, or membership in a particular social group. The U.S. government should treat these asylum seekers with the dignity and due process they deserve in their pursuit to live a life free from violence.
By Kaitlin Talley
Second-Year Law Student
University of San Francisco
This article is adapted form an article originally posted on the ImmigrationProf Blog:
Jesuit Refugee Service/USA is partnering with 13 U.S. Jesuit law schools to address the legal challenges faced by families and children from Central America seeking protection in the U.S. To learn more, visit http://jrsusa.org/campaigns_focus?TN=PROMO-20100826120437