Withthese realities as a backdrop, the current presidential administration has been engaged in a war against immigrants and asylum seekers. Trump has famously and repeatedly promised to build a wall on the southern border of the US and has vowed to sharply reduce legal immigration. He has sought to prevent immigrants from requesting asylum and to prevent the children of immigrants who are born in the US from becoming citizens. Many children have been separated from their families at the border, and in some instances future reunification of families might be impossible. [4] Some of these children who are separated from their families have been forcibly medicated with powerful psychiatric drugs. [5] Additionally, against decades of legal precedent, last year then Attorney General Jeff Sessions ruled that fleeing domestic or gang violence would no longer constitute reasons to qualify someone to receive asylum here. [6]
But are these feelings and assumptions correct? In what follows, we undertake to answer these questions in two ways. First, we will examine the characteristics of individuals seen in one faculty-led asylum clinic within a community-based, academic psychiatry department in the greater Boston area who are seeking legal status here in the US. That analysis will provide some preliminary data about a subset of asylum seekers. We will then also examine what is known broadly about asylum seekers and then argue that for humanitarian reasons as well as utilitarian ones, the US has an obligation to ensure asylum seekers are treated fairly and legally.
The number of male and female asylum seekers was approximately equal. (See Table 1.) The ages of asylum seekers ranged from the youngest, who was 8 years of age, to the oldest, who was 54 years of age, and the average of the entire cohort was 30 10 years of age. The median amount of time that individuals had been in the US prior to their evaluations was 3 years. Nine individuals had resided in the US for a decade or longer before they received their evaluations, including one extreme outlier who had lived in the US for 30 years prior to his evaluation. The majority of the individuals who were evaluated had limited formal education, with an average of 9 4 years. Most individuals hailed from Latin America, including 13 (22 percent) from El Salvador, 9 (14 percent) from Guatemala, and 5 (8 percent) from Haiti. Seventeen percent were from Sub-Saharan African Countries, 4 percent were from the Middle East-North Africa region and 6 percent from Asia.
Two-thirds of individuals had family who remained behind in their home country. These individuals described many reasons for seeking asylum here in the US, including escaping persecution for political activities, sexual orientation, religious belief, or because they feared intrafamily or gang violence. All told, 34 percent of those evaluated reported being victims of intrafamily violence, including intimate partner violence.
Most of the individuals fleeing gang violence were from Central America, with El Salvador and Guatemala being the countries most frequently fled. Many of these individuals had family members who were killed by gangs and were repeatedly threatened with death themselves. Twenty-five percent of individuals (many who hailed from sub-Saharan African countries) were fleeing violence because of their political activism. Thirteen percent were fleeing their countries because of religious persecution.
Seven individuals (11 percent) had committed crimes while here in the US. None of these individuals were recent emigres and most of them had lived in the US from early in their lives and had been arrested for drug related charges. Only one was arrested for a violent crime, and that occurred when the individual was in the middle of a psychotic episode and assaulted a hospital worker. No individual had plotted, attempted, or committed murder.
All individuals were deemed to be credible and none of them were thought to be malingering. (See Table 2.) Eighty-eight percent of individuals met diagnostic criteria for PTSD, while 34 percent met criteria for major depressive disorder. Approximately half of the clients in this cohort reported previously receiving some form of psychiatric care, although many of these individuals reported only receiving emergency department care and were not meaningfully engaged in the mental health system.
Ninety percent of participants believed they might, or would be, killed if they were forced to return to their countries of origin, and 95 percent of participants believed that they would face violence if they were forced to return. One-hundred percent stated they believed their symptoms of mental distress would increase if they had to return to their country of origin.
Some of the individuals in our study had committed crimes, but given that approximately 1 in 3 Americans will have been arrested by age 23, [11] our cohort had far lower rates of arrests than that of Americans generally. Our data are in line with national data that show immigrants are much less likely than native born Americans to commit crimes or be incarcerated. [12]
Deporting individuals back to their countries of origin under these circumstances seems cruel, to put it mildly. The 8th Amendment of the US Constitution prohibits cruel and unusual punishment and the United Nations Convention against Torture forbids countries from transporting individuals to any country where there is reason to believe they will be tortured. The individuals we have seen would experience a worsening of their psychiatric symptoms and face either harm or death upon arrival in their home countries. Deporting these individuals would appear to be not only unethical, but illegal as well.
NEW YORK, Nov. 19, 2020 /PRNewswire/ -- The Educational Publishers Enforcement Group (EPEG) publishers, consisting of Pearson, Cengage, Elsevier, Macmillan Learning, and McGraw Hill, have obtained a Preliminary Injunction from the United States District Court for the Southern District of New York against the operators of 231 websites that sell illegal, unlicensed copies of test banks and instructor solutions manuals. These materials are for teaching professionals' use and are not sold to students or made publicly available by EPEG publishers. The unauthorized sale of these materials not only violates the publishers' intellectual property rights, but undermines academic integrity and pedagogy. The publishers have taken action to address this issue and reduce the availability of these infringing materials online.
EPEG publishers filed suit for copyright and trademark infringement against the defendants who operate these websites on October 9, 2020, and on the same date obtained a Temporary Restraining Order that required the immediate shutdown of the infringing activity on the websites, as well as the cessation of the services that support the illegal websites. With the Preliminary Injunction, that injunctive relief has now been extended through the duration of the litigation. This is the fourth suit since November 2019 that EPEG publishers have brought against operators of websites selling infringing digital content, and the fourth time they have successfully obtained a Preliminary Injunction.
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