UNHCR: Criminalizing Search for Asylum is No Answer

Are these realities exclusively prevalent to Africa, or could it be that Asylee seekers encounter the same abuse from which they are fleeing; everywhere, on every continent, in every country?

(PORTLAND, Ore.) - Asylum-seekers suffer hardship in detention on every continent. “It has reached the point in some countries where there are actually more due process safeguards regulating detention of criminals than of asylum-seekers, the very large majority of whom have committed no crime.” Assistant High Commissioner for Protection Erika Feller warned that such an approach “has serious protection consequences for refugees and breeds its own secondary problems for states, including racism and xenophobia.”

She added, “UN Security Council resolution 1325 on women, peace and security is still honored more in the breach than in the practice.”

Often, the mention of Africa evokes images of civil unrest, war, poverty, diseases, mounting social problems, and tyrannical regimes, predators of media and abuse of human rights. Unfortunately, these images are not fiction; they reflect the dire reality for many living within African countries.

Are these realities exclusively prevalent to Africa, or could it be that Asylee seekers encounter the same abuse from which they are fleeing; everywhere, on every continent, in every country?

November 25th 2008, 2:17 pm, a day and time that I will never forget in my life. I arrived at Dulles International Airport from Entebbe, Uganda- Africa. The purpose of coming to the US was none other than to seek political asylum.

I am a journalist, Managing Director and Editor in Chief of The New Times publications, a state-owned and controlled English daily news paper inside Rwanda; then later Managing Director of Radio Contact, also a state-owned commercial radio station.

For close to 5 years, I endured perpetual persecution, harassment, intimidation, arbitrary detention, false accusations and allegations aimed at silencing me from doing my job as a journalist. I refused to take part in corrupt projects, undermining other leaders by using the newspapers, and or censuring stories.

Amidst these injustices, I continued to work as effectively as possible; until security agents attempted to kill me; then confiscating my passport to keep me from leaving and seeking asylum elsewhere. I resigned my job in attempts to save my own life and those of my family

In October 2008, another attempt was made to kill me. An officer came to my help; he encouraged and assisted me in retrieving my passport. Blessed with the assistance from this officer, I escaped Rwanda, through a neighboring country, and then flew to the USA.

The USA worldwide is considered a great nation that particularly champions the role of democracy, and respect of human rights. This fundamental belief that is characteristic of Americans is embedded in their adage of US being the land of freedom and opportunity.

However, the above cherished belief turned into a nightmare, a mere slogan, for me and other immigrants that found us mistreated in Immigration Customs Enforcement (ICE) jails.

I arrived at Dulles International airport, with a valid 10 years visitor’s visa issued to me by the US embassy in Rwanda. Like many aliens who arrive in the US, the immigrant officers asked me the reason and purpose of my visit, I openly told him that I was running from my country to seek asylum in the US.

Scarcely, did I know that I had made a mistake in telling the truth. Later while in jail, other detainees and ICE officers openly said that has been my mistake. I was told that I should have lied; telling immigration I was coming for a short two week visit, and then later apply for asylum while already inside the US.

The customs official left his desk to speak with another officer, he came back and asked me to step aside and wait. I waited for over three hours, he then called me up again for questioning; reasons why I was coming to seek asylum. He made me sign some papers, and later was led to a small room. I was locked in, and there I spent a night.

The next day, November 26th 2008 at 5 am, two ICE officers knocked on the door. They shackled me, putting chains around my hands and legs. One of the officers took my glasses, I pleaded to have them returned as I couldn’t see without them, and they ignored my request and drove me to the immigration office in Fairfax, Virginia.

I spent the day waiting in Fairfax Immigration offices, at 4pm; I and many other detainees were then shackled again and forced into a waiting van. We were driven to a small county jail in Riverside, Virginia; I spent 7 days there. On the 8th day at mid night, I was called up from the cell to board yet another van with several other detainees and brought back to the Fairfax Immigration offices.

I was introduced to an asylum officer. She explained to me her work, and conducted ‘a credible fear interview’; a routine way of finding out whether the asylum seeker is telling the truth, and if he or she should be granted asylum. I asked why I was in detention and why I could not speak to my family here in the US or in Rwanda. I was not given and answer.

I had not spoken to anyone in seven days; they were worried about my whereabouts. After I had escaped from Rwanda, my family, siblings and friends were being questioned, tortured and harassed because the government did not know where I was, rumors had begun to circulate in Rwanda that I had been killed.

This interview lasted three hours, I was again shackled and chained and loaded in the van to another detention center, Hampton Roads Regional jail in Virginia. I spent the next six months in this jail waiting for justice and the American compassion that I had always heard about.

The USA is widely known for advocating democracy and human rights, however, the actions and attitudes of ICE undermines those very ethics. The experience of living constantly in cuffs, chains and shackles is the very degradation of human beings. All this is happening whilst no crimes like terrorism, murder, armed robbery, fraud etc has been committed, accused of, and I was simply seeking asylum and security here.

Throughout the 11 months in detention, I along with other detainees were transported in vans at night. During these trips, 7 hours in and out, one cannot use the restroom; wipe dripping nostrils, itchy and watery eyes if one’s sinus is infected. Drivers of these vans drive recklessly, smoking and talking on their cell phones, while we are chained waists, wrists and feet.

This form of dehumanizing is typically followed by an ICE officer making me sign documents brought to me at a time when the vehicle pulling out, thus leaving me with little chance and confused mind to read the documents before signing. All this is deplorable and degradation of human beings.

Throughout the time I spent in jail, I was deprived the right to communication. I expected the ICE and jail personnel to exercise some degree of professionalism but was not forth coming. Though, I am an immigrant and asylum seeker, I did not deserve to be treated like an animal. I did not deserve to be locked up and treated like a criminal.

I survived the ICE jails, however, many of the detainees have been reported dead and many continue to die, due to lack of proper nutrition, medical care and treatment. Expired, cold, raw food is often served to detainees leading to perpetual sickness and eventual death. “Detainees who do not want to eat it should hang,” was a reply given to those that complained about the food.

President Obama during his Presidential campaign vowed to tackle the immigration challenge. His belief that “change has come to America” is no longer a myth but a reality, and some of us, who have come this country to seek asylum are yearning to be part of this ‘fundamental change’.

Similarly, I hope and pray that the Obama administration, and all citizens of this power country stand up to urgently respond to the cry of detainees who are suffering unnecessarily in the hands of ICE and rotting in poorly-run county jails. ICE continues to cause traumatic havoc to innocent human beings.

I would like to salute, and to encourage those individuals and organizations who are working with immigration detainees that your work is noble. Thank you for responding to the cry of so many innocent lives.

Alysha Atma spends many hours working on projects that support and benefit the beleaguered people of African nations who spend way too much time off the western media's radar. This writer explains that she is a culmination of all her experiences, most importantly knowledge she says, and all that she still needs to learn; lessons of love, laughter and the extraordinary giving of both young and old. She says she has the enormous fortune of learning from the best; every person around her, and the amazing strength and fortitude of those she has never met but will always strive to listen to. "I continue to work and write because I believe in the power of community and the power of one, both contradictory to each other and yet can move together in a very powerful way. I feel a responsibility to use my place, freedoms and connections here in the US to stand up and yell for those who need my voice and actions. I have seen such strength in my fellow humans that I cannot even begin to comprehend, they have traveled distances, have gone without food, water, shelter and safety for days and weeks at a time. I have a responsibility as a fellow human to put our common humanity before anything else. Everyone deserves to look towards tomorrow, to dream of a safe future and to have a peaceful present." You can write to Alysha Atma at: alysha.atma@gmail.com