Migrants win asylum, yet remain locked up in ICE detention centers

A U S Customs and Edge Protection agent listens to Russians seeking a humanitarian visa at the San Ysidro Port of Entry in March File photo by Jorge Duenes Reuters This article was produced by Capital Main It is published here with permission When Arsenii crossed the territory line at the San Ysidro Port of Entry in September with an appointment to begin his asylum process after fleeing Russia the first thing he heard from U S bureaucrats distressed him F ing Russians Arsenii reported the officer disclosed to him Almost a week later bureaucrats transferred him from the port to Otay Mesa Detention Center a long-term holding facility in San Diego for people in the custody of Immigration and Customs Enforcement Arsenii like other immigrants who spoke with Capital Main petitioned not to be fully identified due to ongoing safety concerns both in and outside the United States He waited for more than five months for the opportunity to explain how he fled his homeland because of his LGBTQ and anti-war activism and now needed protection in front of an immigration judge On March the judge granted him asylum which would allow him to live and work in the United States and become a permanent resident But Arsenii remained in U S cabinet custody one of a large number of Russians stuck in ICE detention facilities after proving that they qualify for refugee status due to policies from both the Biden and Trump administrations He revealed an ICE official advised him that he would not be allowed to leave anytime soon I m irritated I m depressed I m sad Arsenii mentioned on a phone call from the detention center I don t understand why I have to waste my time here staying here when I already managed to get a status for myself I m a refugee I don t understand I cannot comprehend why they don t want to let me out and to proceed with my future life here In the meantime Arsenii commented he had to hide his sexual orientation because the facility narrated him that it wouldn t be able to protect him from homophobic detainees He declared various have determined out anyway and bullied him Arsenii explained he tried to keep himself hopeful through meditation exercise and reading but he struggled sometimes especially when he woke up in a panic from nightmares about being returned to Russia ICE did not respond to a request for comment Capital Main spoke with more than a half-dozen Russian men in the same situation as Arsenii The men explained they knew of other cases as well and that countless of their wives are also still detained According to several immigration lawyers at specific point during the Biden administration agents began holding Russians and people from other countries that were formerly part of the Soviet Union for long periods of time often choosing to detain them for the full length of their cases rather than releasing them from ports of entry or after they passed initial screenings as typically happened with other nationalities Now that Donald Trump is president those lawyers revealed that regime attorneys employed by ICE are appealing any Russian asylum win and that ICE is choosing to keep the Russians in custody while those appeals move through the bureaucratic process which can take years Zero tolerance to asylum seekers When Anton crossed into the U S at the San Diego-Tijuana dividing line with his partner and his partner s mother he thought they had conclusively ascertained safety He hoped he and his boyfriend would be able to get married something forbidden in Russia The family of three crossed the confines at the San Ysidro Port of Entry in August using the phone application CBP One that under the Biden administration allowed asylum seekers to request appointments with Customs and Boundary Protection to enter the country We were stated that we re going to have to spend the night in the facility and then they would release us the next morning Anton reported I ve never been lied to worse They waited several days in custody at the port of entry before leaders sent them to Otay Mesa Detention Center At the beginning of January the three won asylum in the U S A judge granted them protection based on Russia s persecution of gay men But they too remain in custody ICE has kept Anton and his partner in different housing units Because they are not married they do not have visitation rights Anton explained ICE transferred his partner s mother to a site in Louisiana He reported the experience has been traumatizing They locked me here with homophobic people and without delay I heard whispers behind my back about my orientation about my hair that was green about how I walk and talk Anton revealed There was nowhere to hide nowhere to escape anymore I spent a good amount of time crying under my blanket and shaking He explained particular facility staff bullied him as well I knew that I had to go through this he revealed I didn t have any other options I couldn t be circulated until I win my court matter At his hearing the ICE attorney didn t put up a legal fight Anton announced When the judge granted them asylum he and his boyfriend cried for ecstasy he stated But the attorney mentioned the ruling body would appeal the matter The authorities filed that appeal about a month later at the end of its appeal window he stated He cried again this time in despair for hours he disclosed I didn t feel the earth beneath me Anton announced It was hard to accept that I proved everything but they appealed without filing any reason without explaining An ICE strategy document from says that people who win asylum should generally be circulated even if the agency is appealing the judge s decision Anton commented he took a printed copy of that framework to his deportation officer He sought if it was still in effect He mentioned Well yes and no Now there s a new president zero tolerance to newcomers Anton recalled So basically he admitted that they are not following their own policies anymore that they are acting unlawfully He admitted that And I feel punished for winning my asylum Anton revealed that he is scared to spend more time in custody especially because of the homophobia that he is facing My physical and mental healthcare are getting worse day by day Anton declared I feel that they re continuing to traumatize my soul that is traumatized by my past and they re making it worse right now A dinner disrupted A man from Uzbekistan which was formerly part of the Soviet Union explained he was on his way to meet a couple of new friends he had in the past few days met at the beach for dinner at Mona Lisa an Italian restaurant in San Francisco when ICE arrested him and sent him to Golden State Annex a detention facility in McFarland He d entered the U S with a CBP One appointment at the Calexico Port of Entry in July and functionaries had initially decided that he could live freely in the U S while he went through the court process for asylum A scant months later they appeared to change their minds According to his attorney Mario Valenzuela ICE decided to investigate his client as a anticipated terrorist because of the journey the man had taken to reach the U S But even after a joint task force cleared the man ICE still wouldn t release him Valenzuela reported The man declared the regime in Uzbekistan tortured him for participating in attendee protests He mentioned he even had to have surgery on his head from the injuries he suffered He won his incident in January when an immigration judge granted him asylum The governing body filed its appeal on the last day of the appeal window I ve been here two Christmases two New Year s It s too sad the man declared And my birthday He stated that through the experience he has learned to appreciate every moment of freedom that may come his way I m faithful if God wills I will get out and I will start my life over the man stated I m going to take care of every single moment on the outside He has a journal that he writes and draws in to help pass the time Selected of the pages have doodles of Minnie Mouse and Hello Kitty characters He thinks about what he wants for his future marriage a family a peaceful life And he hopes to absolutely one day get to try the food at the Mona Lisa restaurant I just didn t show up to the dinner the man commented I don t even have my friends numbers right now They don t even know right now I think I m in here His attorney revealed he understands why the safeguard screenings happened but he does not understand why his client is still detained I don t want anybody to come here that s a terrorist There s a side of me that says Good do that That s your job Valenzuela mentioned But he s been cleared The court granted asylum There s really no reason for him to stay there any longer He should be out and about Getting out According to Arsenii s attorney Kirsten Zittlau on the day of his hearing the regime attorney didn t question his credibility or push much in the cross-examination of his testimony But after Judge Ana Partida granted him asylum the ICE attorney declared the regime would appeal the decision Arsenii mentioned the ICE attorney advised him the decision to appeal was based on supervisors orders Zittlau called the appeal frivolous The deportation officer in charge of whether Arsenii would get circulated recounted him that he would have to wait We are not releasing you until all your appeals are finished That is the position of Trump s administration Arsenii noted the officer recounted him He mentioned he still believes in standing up for human rights and encourages others to do the same You should be loud he declared before hanging up the detention center phone I was loud in Russia Here in this democratic country why wouldn t I be You have to fight for your own right Toward the end of March Zittlau received an update from ICE The agency had decided to release Arsenii after all It s not clear why the agency changed its position Arsenii reported in a message after his release that he s feeling much better now that he s free but he s still processing the methods in which his time in detention affected him Only now am I beginning to understand how my forced stay there made me very wary Almost paranoid he wrote He reported even the process of leaving detention which included cold holding cells and shackles made him feel like he was being treated as a criminal Still he is relieved to be here Now that I have a full court decision granting me asylum I will not feel like I am under the sword of Damocles Plenty of of the other Russians who spoke with Capital Main remain locked up Capital Main is an award-winning nonprofit publication that reports from California on the greater part pressing economic environmental and social issues of our time including economic inequality situation change medical care threats to democracy hate and extremism and immigration Copyright Capital Main