UKBA can't do the most basic aspects of its job

The borders agency fails immigrants in ways that defy understanding.

The unknown whereabouts of 150,000 people refused residency in Britain made headlines this week. The UK Border Agency took the usual flack for failing to exercise a "clear strategy" to deal with these cases. A Labour MP playing two populist cards with one hand – immigration and bonuses – demanded the removal of bonuses from senior UKBA officials. The pattern is a familiar one.

Yet there are far worse practices for which the border agency ought to be held to account. It is troubling barometer of public opinion that this is the issue that we choose to get up in arms about when far greater injustices occur within the immigration system on a daily basis.

Gladys, a young dental nurse from Zimbabwe, is just one typical victim out of thousands, whose liberty depends on the caprice of border agency decision making. She spent six months imprisoned at Yarl's Wood immigration removal centre. Not because she posed a security threat or was a danger to the British public, but because of a series of arbitrary decisions. I interviewed Gladys last December while she was still detained at Yarl's Wood.

Before being detained, Gladys reported to the border agency’s Solihull centre every three months while her asylum application was being processed. As an asylum seeker Gladys was ineligible for benefits and, like all asylum seekers with cases pending, was barred from working, making the £7 train fare from Wolverhampton to Solihull an impossible expense.

She explained the difficulty of her situation to the border agency. They reacted, perversely, by making her appointments fortnightly. Of course, Gladys could no better cough up £7 every two weeks, than every three months, and once again she appealed to their common sense. The response was an unannounced visit from the six immigration officers, who searched her, and carried her off to Yarl’s Wood. "Strangely I was just at peace. I didn’t think I would be detained for this long," she told me.

Inside Yarl’s Wood, things quickly got worse. When Gladys made an application for bail from Yarl’s Wood, the agency claimed to have no record of her initial asylum claim. This meant she had start her entire asylum application from scratch; further prolonging the already slow and cumbersome process. The cloud of uncertainty which Gladys hoped might end with a decision on her future looked set to continue. Why?

It turned out the agency had misspelt her name on the first application, and so when she made a bail application with her name spelt correctly, they failed to match up the two files. This revelation did not nudge the conscience or common sense of any official; the process had to begin again. "The whole system can be so frustrating," Gladys said. "It’s like they play mind games with you."

Gladys’ punishment continued when she refused to board a flight to Zimbabwe while her asylum claim was still in progress. Yarl’s Wood staff, (the centre is run by Serco, who took over from G4S in 2007) suddenly stopped her working the weekly nine-hour shifts available to all the women detained. The pay is one pound an hour and helps pay for toiletries and phone credit.

Gladys spent much of her time at Yarl’s Wood in fear; fear that she would get ill and the staff would not believe her; fear of what would happen if she was deported and left at Harare Airport; fear of being forgotten. "I am just a number. CID number 404. You go crazy. A lot of people are suicidal. If you don’t believe in something you will lose your mind."

The psychological effects of indefinite detention for immigration purposes have been well documented in Lancet and the Medical Journal of Australia (MJA). The MJA has reported of detainees "dominated by hopelessness" engaging in "repeated acts of self-harm or self-mutilation leading to acute hospital admissions."

It is not difficult to see how this might come about; the centres are effectively prisons. I remember my initial shock at the level of security on my first visit to a removal centre. I signed a form agreeing to be searched, provided two forms of identification, and had my fingerprints taken. I was not allowed to take anything up to the visitors’ room and had to leave all my belongings in a locker. I asked the guard if I could take my dictaphone or notebook; no. I was escorted to a small room and searched; I took off my shoes and emptied my pockets. A tiny hair pin fell from a pocket and was confiscated. Each visit I scan my now officially-remembered fingerprint three times before I am can enter the visitors’ room.

Sarah (not her real name), a sensitive and reserved 24-year-old detained at Yarl’s Wood is feeling the impact of being detained eight months in these conditions, while she appeals against the refusal of her asylum claim. She hates to complain, but yearns for a little kindness. "I don’t want to go mad," she says. "I try not to hold it in my heart...it’s not easy." She cannot sleep, suffers constant headaches, but refuses to visit the centre’s nurse because for fear of being called a liar.

Sarah and Gladys contrast starkly. Gladys was happy to be interviewed, to be asked questions, and to challenge her treatment. Since being released, she has continued to campaign vocally against immigration detention. But Gladys is the exception among the 3,000 odd detention estate (the highest since 2001). Sarah is more typical; languishing alone, voiceless and forgotten. She will never make the headlines.

The gates of the Yarl's wood detention centre. Photograph: Getty Images

Rebecca Omonira-Oyekanmi reports and writes on immigration, women and economics, housing, legal aid, and mental health. Read her latest work here. Her blog rebeccaomonira.com was shortlisted for the 2012 Orwell Prize. She tweets @Rebecca_Omonira.

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Why Barack Obama was right to release Chelsea Manning

A Presidential act of mercy is good for Manning, but also for the US.

In early 2010, a young US military intelligence analyst on an army base near Baghdad slipped a Lady Gaga CD into a computer and sang along to the music. In fact, the soldier's apparently upbeat mood hid two facts. 

First, the soldier later known as Chelsea Manning was completely alienated from army culture, and the callous way she believed it treated civilians in Iraq. And second, she was quietly erasing the music on her CDs and replacing it with files holding explosive military data, which she would release to the world via Wikileaks. 

To some, Manning is a free speech hero. To others, she is a traitor. President Barack Obama’s decision to commute her 35-year sentence before leaving office has been blasted as “outrageous” by leading Republican Paul Ryan. Other Republican critics argue Obama is rewarding an act that endangered the lives of soldiers and intelligence operatives while giving ammunition to Russia. 

They have a point. Liberals banging the drum against Russia’s leak offensive during the US election cannot simultaneously argue leaks are inherently good. 

But even if you think Manning was deeply misguided in her use of Lady Gaga CDs, there are strong reasons why we should celebrate her release. 

1. She was not judged on the public interest

Manning was motivated by what she believed to be human rights abuses in Iraq, but her public interest defence has never been tested. 

The leaks were undoubtedly of public interest. As Manning said in the podcast she recorded with Amnesty International: “When we made mistakes, planning operations, innocent people died.” 

Thanks to Manning’s leak, we also know about the Vatican hiding sex abuse scandals in Ireland, plus the UK promising to protect US interests during the Chilcot Inquiry. 

In countries such as Germany, Canada and Denmark, whistle blowers in sensitive areas can use a public interest defence. In the US, however, such a defence does not exist – meaning it is impossible for Manning to legally argue her actions were in the public good. 

2. She was deemed worse than rapists and murderers

Her sentence was out of proportion to her crime. Compare her 35-year sentence to that received by William Millay, a young police officer, also in 2013. Caught in the act of trying to sell classified documents to someone he believed was a Russian intelligence officer, he was given 16 years

According to Amnesty International: “Manning’s sentence was much longer than other members of the military convicted of charges such as murder, rape and war crimes, as well as any others who were convicted of leaking classified materials to the public.”

3. Her time in jail was particularly miserable 

Manning’s conditions in jail do nothing to dispel the idea she has been treated extraordinarily harshly. When initially placed in solitary confinement, she needed permission to do anything in her cell, even walking around to exercise. 

When she requested treatment for her gender dysphoria, the military prison’s initial response was a blanket refusal – despite the fact many civilian prisons accept the idea that trans inmates are entitled to hormones. Manning has attempted suicide several times. She finally received permission to receive gender transition surgery in 2016 after a hunger strike

4. Julian Assange can stop acting like a martyr

Internationally, Manning’s continued incarceration was likely to do more harm than good. She has said she is sorry “for hurting the US”. Her worldwide following has turned her into an icon of US hypocrisy on free speech.

Then there's the fact Wikileaks said its founder Julian Assange would agree to be extradited to the US if Manning was released. Now that Manning is months away from freedom, his excuses for staying in the Equadorian London Embassy to avoid Swedish rape allegations are somewhat feebler.  

As for the President - under whose watch Manning was prosecuted - he may be leaving his office with his legacy in peril, but with one stroke of his pen, he has changed a life. Manning, now 29, could have expected to leave prison in her late 50s. Instead, she'll be free before her 30th birthday. And perhaps the Equadorian ambassador will finally get his room back. 

 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.