ICE Detention Standards Compliance Audit - Study of the U.S. Expedited Removal Process - Report to U.S. DHS, UNHCR, 2003
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(b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6) (b)(6), (b)(7)c (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6), (b)(7)c (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6) (b)(6), (b)(7)c / • ((t» !re!!!2~mmiSSionerfor Refugees Haut Commissariat des Nations Unies pour les refugies UNHCR 1775 K Street, NW Suite 300 Washington, DC 20006 Tel.: 2022965191 Fax: 2022965660 Email: usawa@unhcr.ch 31 December 2003 BY FIRST CLASS MAIL Mr. Anthony Tangeman, Director Office of Detention and Removal Operations US Bureau of Immigration and Customs Enforcement 801 Eye Street, NW, Suite 900 Department of Homeland Security Washington, DC 20536 Mr. Jayson Ahem, Assistant Commissioner Office ofField Operations US Bureau of Customs and Border Protection 1300 Pennsylvania Avenue, NW, Suite 5.5C Department of Homeland Security Washington, DC 20229 Re: UNHCR Site Visit to Dallas Area Detention Facilities & Meeting with Local CBP Officials re: Dallas-Forth Worth International Airport Dear Mr. Tangeman and Mr. Ahem, Please find enclosed the report of the Office of the United Nations High Commissioner for Refugees (UNHCR) on its visit to the Dallas area during the week of 10 November 2003, during which time we visited the Suzanne L. Kays Detention Center and the Rolling Plains Regional Detention Center. We also met with local representatives of US Customs and Border Protection (CBP) to discuss operations at the Dallas-Fort Worth International Airport. We wish (b)(6), (b)(7)c to thank Chief, Detention Compliance Branch, US Immigration and Customs (b)(6), (b)(7)c Enforcement, Field Office Director for the Dallas District of the Department of Homeland Security, Bureau ofImmigration and Customs Enforcement, Office of Detention and Removal, and (b)(6), (b)(7)c CBP Area Port Director, for facilitating the visit of (b)(6) UNHCR Protection Officer. I have been informed that local ICE / CBP officials and county jail staff at each location were extremely courteous and accommodating during the visit. I very much appreciate both the time that they devoted to our visits and their full and forthright answers to our many questions about facility and port operations. This visit was a follow-up to UNHCR's trip to the Dallas area in November 2001 to assess what changes, if any, had occurred since then. A full report containing our observations, comments and recommendations is attached for your review. Since the Dallas district is no longer using any ofthe five detention facilities that UNHCR visited in 2001, we have provided a full comprehensive report for the two facilities which are now used. .- .\®UNHCR Please note that we have included as an attachment to this report references to the international standards implicated by the conditions and procedures we observed. We hope that these international standards will be useful for you and your staff in assessing the adequacy of ICE detention conditions and port of entry operations. Copies of the underlying international instruments and policy guidance materials were forwarded to your Office in September 2003. While detailed comments and observations are contained in the attached report, we would like to highlight the following. Assessment of Changes in Conditions and Procedures Since November 2001 Visit General Areas of Improvement UNHCR noted a number of improvements in detention conditions in the Dallas area since our last visit in November 2001. These improvements include the following: (1) Decision to No Longer Use George Allen and Lou Sterrett Detention Facilities: In our 2001 report, UNHCR recommended that INS cease holding asylum-seekers at these facilities due to a number of serious deficiencies in the conditions of confinement there. We were pleased to learn during this last visit that ICE is no longer holding its detainees at that jail, though we are concerned about the occasional use of George Allen. (2) Consolidation ofDetention Facilities: ICE has now consolidated its detainee population into two county jails, which limits the number of transfers for detained asylum-seekers between facilities. This consolidation should also provide ICE with greater leverage in ensuring adequate conditions of confinement. (3) Regular Detainee Access to ICE: The Dallas district has developed ajai11iaison team composed of immigration enforcement agents. A team of two agents visits each facility weekly to meet with detainees and answer their questions. A priority is placed on providing requested information to detainees the same day or, at the latest, by the appropriate deportation officer within 72 hours. (4) Installation ofPre-Paid Phone Systems: During UNHCR's 2001 visit, a major problem was the inability of detained asylum-seekers to contact the immigration courts and local NGOs because of the agencies' inability to accept collect phone calls. ICE's pre-paid phone system, allowing for free calls to consulates, NGOs, and immigration courts has since been installed at a number of the jails visited, making it easier for detained asylum-seekers to obtain case information and communicate with their lawyers. UNHCR's phone number was not included on the list for collect calls, though Ms. Prendes has indicated to UNHCR a willingness to promptly add this number to the list. (5) Improved Law Library Facilities: Since UNHCR's 2001 visit, ICE has installed immigration legal materials on computers at the facilities and to provide more current bound materials as well. UNHCR appreciates this effort, which should greatly assist detained asylum-seekers who must represent themselves in immigration court. UNHCR remains concerned, however, that many asylum-seekers may not be computer literate, and recommends that law/computer tutors (from the detainee population if necessary) be allowed to assist individuals in conducting their research. 2 I .<®UNHCR (6) Improved Recreational Opportunities: Many facilities used in 2001 containing asylumseekers did not have outdoor recreational opportunities. Others did not allow frequent recreation access. Both facilities used in 2003 have outdoor recreational areas and provide daily or near-daily recreation. This is a welcome development. As noted in the report, frequent access to the outdoors can be especially critical for asylum-seekers and refugees who have experienced personal trauma and have particular difficulty with extended periods of confinement. It is also critical to those of concern to UNHCR who remain in detention for extended periods of time. General Areas of ContinuedlNew Concern There are also a number of areas of continuing or new concern for UNHCR regarding detention conditions in the Dallas area. These include the following: (1) Continued Use ofRemote Jails: UNHCR appreciates ICE's jail consolidation in the Dallas area. However, its primary facility, Rolling Plains, is a four to five hour drive from Dallas. This distance makes it difficult for asylum-seekers to secure legal counsel and to maintain contact with them and with family that may be in Dallas. UNHCR continues to recommend that ICE use one facility near Dallas that is owned and operated by ICE and that meets both international and ICE detention standards. (2) High Cost ofCalls: In order to call family members or attorneys who do not accept collect calls, detainees at Rolling Plains must purchase calling cards. The cost for these calls is $.50 per minute for domestic calls and $2.00 per minute for international calls. The impact of these charges can be great on asylum-seekers, who are often indigent and with no local support network. High charges make it difficult, if not impossible, for detained asylumseekers to maintain contact with private attorneys or with families/friends who can assist in the preparation of their asylum cases or provide emotional support. (3) Medical Care: UNHCR remains concerned about the shortage of mental health staff available to treat detainees. Though the Rolling Plains facility draws on local resources, it has no on-site mental health professional to treat a population of up to 450. In addition, UNHCR is concerned with detainee reports oflong waits for doctor visits despite perceptions ofjail staff that medical requests are addressed promptly. (4) Use ofNon-Inspected Facilities: ICE transfers male and female detainees with special medical and mental health needs to a facility known as West Tower. It also transfers pregnant women to the George Allen Detention Center for obgyn care. On its 2001 visit, UNHCR determined that George Allen is not in compliance with international detention standards. Use of West Tower is also of concern since it is not inspected by ICE immigration enforcement agents, does not prohibit the commingling ofICE detainees with the general population, and does not offer outdoor recreation. While acknowledging that there may be few options for detention of asylum-seekers in facilities that conform to international standards and that relatively small numbers of detainees may be impacted by the use of West Tower and George Allen, UNHCR nevertheless is concerned with the use of non-inspected facilities. UNHCR urges ICE to explore the availability of facilities that meet applicable standards and which can also meet the medical and mental health needs of ICE detainees. 3 e®UNHCR Finally, we would like to briefly note our meeting with CBP officials about operations at the Dallas-Fort Worth Airport. These officials stressed to UNHCR that CBP is using only legacy INS inspectors in secondary until legacy agricultural and customs personnel and new hires are adequately trained in procedures in secondary and have accumulated sufficient experience in primary. UNHCR was concerned that CBP still uses airline interpreters in interviews with asylum-seekers and recommends that this practice be changed. UNHCR was also informed that new interpreter guidelines has been received from ICE Headquarters but, apparently, no training on them has yet occurred on the local level. UNHCR recommends that such training be provided given UNHCR's observations during its recent study of the US expedited removal process of consistently poor interpretation in secondary inspection interviews. A copy ofUNHCR's report of this study is attached for Dallas CBP officials' reference. In closing, we reiterate our continued concerns about the detention of asylum-seekers in the United States. As you are aware, UNHCR's Executive Committee (see, e.g., Conclusion No. 44), has stated that asylum-seekers should normally not be detained. This principle is also found in UNHCR's Detention Guidelines. We encourage ICE to release individuals who should not be detained and to aggressively pursue alternatives to detention in this country. To the extent that detention is utilized, we trust that the attached report will be useful to you and your colleagues in the field in reviewing facility conditions. We remain available, of course, to discuss any aspects of the report that require further clarification or discussion. Please do not hesitate to contact us should you so desire. We look forward to working with you further on this and future UNHCR mISSIOns. Sincerely, (b)(6) Officer in Charge cc: Joseph Langlois Director Asylum Division Citizenship and Immigration Services Washington, DC Molly Groom Chief, Refugee and Asylum Law Division Office of Policy and Legal Affairs Citizenship and Immigration Services Washington, DC (b)(6), (b)(7)c Chief Detention Compliance Branch US Immigration and Customs Enforcement Washington, DC 4 'I e®>UNHCR (b)(6), (b)(7)c Field Office Director for the Dallas District of the Department of Homeland Security Bureau of Immigration and Customs Enforcement Office of Detention and Removal Dallas, TX (b)(6), (b)(7)c CBP Area Port Director Dallas, TX 5 (b)(6) (b)(6) (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6), (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(2)High (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6) UNHCR/nited States Exchange of Letters for Monitoring Safe-Third Country Agreement Implementation On December 5, 2002, the governments of the United States and Canada entered into the Agreement between the Government of the United States and the Government of Canada for Cooperation in the Third Countries ("Agreement"). The Examination of Refugee Status Claims from Nationals of Agreement became effective on December 29,2004. To ensure that the implementation of the Agreement is consistent with its terms and principles, and with international refugee law, the United Nation High Commissioner for Refugees (UNHCR) will contribute by monitoring the process of the implementation. As a result of a series of meetings and discussions between the United States, Canada and UNHCR, the three parties agreed on a monitoring plan proposal, which is attached as Annex 1. By this exchange of letters, the United States and UNHCR United States wish to confirm their full commitment to the implementation of the monitoring plan. ~i)gned?., ./ /j;, ./ :/ ./ ) / . / C -tt' ~ Í.t'4I .) Kolude Doherty, Regional Representative UNHCR United States Wesley Lee (date) Acting Director Detention and Removal Operations U.S. Immigration and Customs Enforcement UNHCR/Canada Exchange of Letters for Monitoring Safe-Third Country Agreement Implementation On December 5, 2002, the governments of the United States and Canada entered into the Agreement between the Government of the United States and the Government of Canada for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries ("Agreement"). The Agreement became effective on December 29,2004. To ensure that the implementation of the Agreement is consistent with its terms and principles, and with international refugee law, the United Nation High Commissioner for Refugees (UNHCR) will contribute by monitoring the process of the implementation. As a result of a series of meetings and discussions between the United States, Canada and UNHCR, the three parties agreed on a monitoring plan proposal, which is attached as Annex 1. By this exchange of letters, Canada and UNHCR Canada wish to confirm their full commitment to the implementation of the monitoring plan. Signed by: J ahanshah Assadi, (date) Robert Orr (date) Representati ve Director UNHCR Canada Refugee Branch Citizenship and Immigration Canada UNHCR MONITORING PLAN US-CANADA "SAFE THIRD COUNTRY" AGREEMENT (Subject to final exchange of letters between the Parties and UNHCR) The Safe Third Country agreement (hereinafter "the Agreement") notes, in keeping with the advice of UNHCR and its Executive Committee, that agreements among states may enhance international protection of refugees by promotion of orderly handling of asylum applications by the responsible party and the principle of burden sharing. legal obligations of the Government of Canada and the Government of the United States (the "Parties") under the principle of non-refoulement outlined in the 1951 Convention and its 1967 Protocol, as well as The Agreement acknowledges the international the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention Against Torture). The Agreement notes the Parties' determination to safeguard for each eligible refugee claimant on its territory access to a full and fair refugee status determination procedure as a means to afford the protections of the 1951 Convention, its Protocol and the Convention Against Torture. Article 8(3) of the Agreement further provides that the parties to the Agreement will invite UNHCR to participate in the first review of the Agreement and its implementation. Under the Agreement, this review is to take place not later than twelve months from the date of the Agreement's entry into force. Under Article 8(3) "Parties shall cooperate with UNHCR in the monitoring of this Agreement and seek input from non-governmental organizations." Objectives of UNHCR Monitoring Pursuant to Article 8(3) of the Agreement, and further to its mandate under the 1951 Refugees Convention and Protocol, UNHCR will monitor the Agreement to assess whether implementation is consistent with its terms and principles, and with international refugee law. Policy & Operating Guidelines Before the commencement of monitoring activities, UNHCR will receive copies of all American and Canadian policy and operating guidelines for the Agreement. These will include any guidelines or instructions specific to each of the five major ports of entry (POEs) to be visited by UNHCR on a regular basis. Methodology Before Agreement Enters into Force . One tripartite meeting (US, Canada, and UNHCR) to discuss the monitoring plan, on 6 August 2004, to be followed by any subsequent meetings deemed necessary by the parties; · To the extent the data are reliable and may reasonably be obtained, US and Canada supply the latest statistics on the number of persons who presented refugee claims at a US-Canada land border POE and, of those, the number who were then detained; · An "introductory" UNHCR visit to one designated land border POE after the monitoring plan is finalized and prior to entry into force of the Agreement; · "Exchange of Letters" between US, Canada and UNHCR. After Agreement Enters Into Force · UNHCR visits to US-Canada designated land border POEs, in accordance with existing field visit protocols; · UNHCR visits to detention centers in Canada and the US which hold asylum claimants referred by border officials, in accordance with existing practice or field visit protocols; · Analysis of DHSIDOJ and CIC statistics, policies, case files, and other relevant documents; · Analysis of information received from NGOs, including statistics, case files, and other relevant documents; · Ongoing discussions with governmental and non-governmental counterparts; · Interviews with individual asylum-seekers subject to the Agreement; · Two tri-partite meetings (US, Canada and UNHCR) to discuss findings, after 6 months and 12 months of monitoring, as part of the first annual review (see also "Reporting" below). Reporting · General: UNHCR will formally report to the Parties its findings on the Agreement's implementation approximately six months and twelve months after the Agreement has entered into force. UNHCR expects that these reports will assist the Parties both in their implementation of the Agreement during the first year, and in their twelve-month review of the Agreements' implementation. · UNHCR Six-Month Briefing: UNHCR will report orally to the Parties its interim observations regarding the implementation of the Agreement approximately six months after its entry into force. · UNHCR Twelve-Month Review: UNHCR will report orally to the Parties its observations on the implementation of the Agreement approximately twelve months from the date of entry into force, focusing primarily on the last six months of implementation. The Parties and UNHCR will also discuss UNHCR's draft written monitoring report at this time. The final written monitoring report will be submitted to the Parties prior to their final review of the Agreement's implementation. · Parties' Twelve-Month Report: The Parties will prepare, and share with UNHCR, their twelve-month implementation report, for review and comments. Following tripartite discussions on the Parties' draft report, the Parties and UNHCR will adopt a final report, provided UNHCR is satisfied that its credibility and 2 independence would be properly maintained. The joint tripartite report will be made public upon agreement of the Parties and UNHCR. . UNHCR may report on, and/or request additional tripartite meetings to discuss emergent issues as necessary. This would not affect any ongoing and regular bilateral dialogue between UNHCR and the respective host Government on the Agreement. Site Visits: Ports of Entry (POE) and Detention Facilties In accordance with existing field visit protocols, UNHCR will conduct site visits to US/Canada POEs during the twelve months following the entry into force of the Agreement. The focus of the site visits will be to the major ports of entry, namely: . Detroitfindsor . Buffalo/Fort Erie, coupled with . Niagara/Rainbow Bridge . Champlain/aColle . BlainelDouglas Some visits may be extended over a period of days. UNHCR visits to other landborder POEs may also be undertaken. UNHCR staff in the US and in Canada may visit area detention facilities in connection with the scheduled monitoring visits; each office may visit detention centres on other occasions, scheduled separately by each office. Prior to and/or during visits to ports of entry and detention facilities, the Parties will make individual case files available to UNHCR upon request, either with applicant's consent or redacted as necessary, and will enable UNHCR to have access to individual applicants detained either at the POE or at a detention facility (for purposes of confidential interviews, with applicants' consent). Assumptions / Constraints . UNHCR human and financial resources; . UNHCR access to all aspects of border procedures, including to individuals seeking asylum subject to the Agreement and related documentation; Availability of reliable statistical data. Statistics The following statistical information from the Parties may assist the UNHCR in its monitoring objectives, once the Agreement comes into force. The following list is not exhaustive and may be supplemented at any time. In keeping with Article 8(3) of the Agreement, UNHCR will also seek input, to the extent available, from nongovernmental organizations. For statistics originating from agencies other than the US Department of Homeland Security (DHS) or the Canadian Citizenship and Immigration Canada (CIC), the Parties will make best efforts to ensure that the requested information is made available to UNHCR. With respect to the statistics 3 described below, the Parties will provide them to the extent that they are reliable and reasonably available. The Parties will inform UNHCR if requested data is not being provided for reasons of reliability or availability. 1. General (The Parties will provide statistical data in this category on a monthly basis. All data will be broken down to reflect each of the five major ports of entry separately. Data on all other ports of entry may be grouped or provided individually. Data will also be broken down to reflect gender, age and country of origin.) a) Total number of persons requesting asylum in the US and Canada at a US- Canada land border POE; b) Total number of persons found not to meet an exception and returned to country of last presence under the Agreement, and total number found to meet an exception. 2. Exceptions under Article 4 (2) (a) and (b) - Family Unity (The Parties will provide statistical data in this category on a monthly basis. All data will be broken down to reflect each of the five major ports of entry separately. Data on all other ports of entry may be grouped or provided individually. Data will also be broken down to reflect gender, age and country of origin.) a) Number of persons deemed eligible to lodge refugee protection claims in the receiving country under Article 4(2)(a) and (b), and number of persons found to be ineligible under this exception. 3. Exceptions under Article 4 (2) (c) Unaccompanied Minors (The Parties will provide statistical data in this category on a monthly basis. All data wil be broken down to reflect each of the five major ports of entry separately. Data on all other ports of entry may be grouped or provided individually. Data will also be broken down to reflect gender, age and country of origin.) a) Number of persons considered "unaccompanied minors" subject to Article 4(2)(c); b) Number of unaccompanied minors (persons under the age of 18 not accompanied by a parent/guardian) who have parents, guardians, or close family members in the receiving country, but do not fall under Article 4(2)(a) or (b) of the Agreement, and who are returned to the country of last presence under the Agreement; c) To facilitate UNHCR access to these statistics in the US, UNHCR requests that the DHS Bureau of Customs and Border Protection provide Alien Registration Numbers and names of unaccompanied minors placed in removal proceedings at US-Canada land border POEs to the Executive Office for 4 Immigration Review so that appropriate cases may be identified and case-files made available for review by UNHCR. 4. Detention (The Parties will provide statistical data in this category on a monthly basis. All data will be broken down to reflect each of the five major ports of entry separately vis a vis where the application was initially lodged. Data on all other ports of entry may be grouped or provided individually. Data will also be broken down to reflect gender, age and country of origin.) Total number of persons detained for more than 48 hours in the US or Canada while their cases are being examined under the Agreement. Data should include: (a) names and locations of detention centers; (b) reasons for detention; (c) dates of detention; and (d) for those detained while their cases are being examined under the Agreement, whether the person was deemed eligible to lodge a refugee claim in the receiving country under the Agreement. 5. Processing time (The Parties will provide statistical data in this category on a monthly basis, broken down to reflect each of the five major ports of entry separately. Data on all other ports of entry may be grouped or provided individually.) The length of time it takes the Parties to make a decision regarding eligibility to apply for refugee protection in the receiving country under the Agreement for each application for refugee protection received, as well as the average length of time. 6. Expedited Removal (The Parties will provide statistical data in this category on a monthly basis. All data will be broken down to reflect each of the five major ports of entry separately. Data on all other ports of entry may be grouped or provided individually. Data will also be broken down to reflect gender, age and country of origin.) a) Number of persons seeking refugee protection in the US at a US-Canada land border POE who were placed in: (1) expedited removal proceedings, and, (2) regular (INA 240) removal proceedings. b) Of those persons identified in (a)(1) and (a)(2) above, the number of persons deemed eligible to lodge an asylum claim in the US under the Agreement. 7. Removal through Territory of Other Party (Article 5) (The Parties will provide statistical data in this category on a quarterly basis, which will be broken down to reflect gender, age and country of origin.) a) Total number of persons removed from Canada via the US and the number returned to Canada under Article 5(a); 5 b) Total number of persons removed from the US via Canada, who are subject to Article 5(b)(i); c) Total number of persons removed from the US via Canada, who are returned to the United States under Article 5(b )(ii). 8. Effective Review Procedures (The Parties will provide statistical data in this category on a monthly basis. Data will also be broken down to reflect gender, age and country of origin.) a) For the US, the total number of persons placed in regular (INA § 240) removal proceedings who appealed the decision of the Immigration Judge regarding their eligibility to apply for asylum in the US under the Agreement, and the decisions of the Board of Immigration Appeals on those appeals; b) For the US, total number of applicants placed in regular (INA § 240) removal proceedings who sought reconsideration of a determination that they do not fall under any of the exceptions to the Agreement. Information should also include: (i) the exception of the Agreement at issue (e.g., Article 4(2)(a)), and (ii) final decision rendered. For Canada, and to the extent possible, the number of persons who sought the review of the negative decision before the Federal Court; c) To facilitate UNHCR access to the requested statistics under (a) and (b) above in the US, UNHCR requests that the DHS Bureau of Customs and Border Protection provide Alien Registration Numbers and names of unaccompanied minors placed in removal proceedings at US-Canada land border POEs to the Executive Office for Immigration Review so that appropriate cases may be identified and case-files made available for review by UNHCR; d) The total number of cases reconsidered by each Party under the bilateral dispute resolution mechanism, the substantive provision of the Agreement at issue, and the outcome of such reconsiderations/decisions. 9. Use of Discretion (Article 6) (The Parties will provide statistical data in this category on a monthly basis. All data will be broken down to reflect each of the five major ports of entry separately. Data on all other ports of entry may be grouped or provided individually. Data will also be broken down to reflect gender, age and country of origin.) Total number of cases considered under Article 6 of the Agreement and total number deemed eligible to lodge a refugee protection claim in the receiving country under Article 6. 10. Resettlement provision (Article 9) 6 (The Parties will provide statistical data in this category once before the six-month review and as available thereafter.) Total number of persons resettled to either the US or Canada, including information on first country of asylum, dates of resettlement and country of resettlement pursuant to Article 9 of the Agreement. 11. Other information on asylum applications (The Parties will provide statistical data in this category on a monthly basis.) Total number ofrefugee claims lodged inland in either country (i.e., not at a POE). Total number for the same period of claims lodged in either country during the previous year, broken down by month, should also be provided. Estimated UNHCR Monitorin2 Costs (in U8$) The estimated costs (both UNHCR Canada and UNHCR USA) for the proposed UNHCR monitoring plan is approximately $200,000, covering costs of staff travel, vehicle rental and daily subsistence allowances while on mission. The cost could be higher, depending on the number of site visits undertaken. Given UNHCR's current financial constraints, UNHCR encourages both governments to underwrite these costs to the extent possible. 14 December 2004 7 UNDCR/United States Exchange of Letters for Monitoring Safe-Third Country Agreement Implementation .. On December 5, 2002, the govemments of the United'States and Canada entered into the Agreement between the Govemment of the United States and the Government of Canada for Cooperation in the Third Countries ("Agreement"). The Ewmination of Refugee Status Claims from Nationals of Agreement became effective on December 29,2004. To ensure that the implementation of the Agreement is consistent with its terms and principles, and with intemational refugee law, the United Nation High Commissioner for Refugees (UNHCR) wil contribute by monitoring the process of the implementation. As a result of a series of meetings and discussions between the United States, Canada and UNHCR, the three parties agreed on a monitoring plan proposal, which is attached as Annex I. B)i this exchange of letters, the United States and UNHCR United States wish to confirm their full commitment to the implementation of the monitoring plan. Signed ~ i. .~:/ /:',/'/tú Pl""~ Kolude Doherty, Regional Representative IJNHC:R United States ose h Cu Director Office of Refugee, Asylum, and International Operations U.S. Citizenship, and Immigration Services ) (datf:l; 71 c; J 0\')- \/\~-. ~, (.(, .J (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(2)High (b)(6), (b)(2)High (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(2)High (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(2)High (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6) (b)(6) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c 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