Video hearings put asylum seekers at a distinct disadvantage. An in-person hearing affords an asylum seeker a better opportunity to establish a human connection with the judge and to demonstrate credibility. Videoconferencing also interferes with a detainee's right to counsel, because it allows INS to keep a detainee at a distant location. The ability to examine witnesses, object to questions by INS, and otherwise provide adequate representation at the hearing may also be compromised. The shoddy and occasionally life-threatening healthcare provided to immigrants has been a consistent theme in human rights reports on the INS detention system over the last decade.
Recent reports indicate that, if anything, the quality of care is deteriorating.
The report identified poor management as the source of these problems. In 1999, Amnesty International concluded that INS violated international standards for the treatment of detainees by failing to determine whether asylum seekers in its custody had been tortured and, as a consequence, failing to take appropriate steps to manage their trauma. The report found that INS victimized many asylum seekers by placing them in solitary confinement for behavior caused by past trauma. Language difficulties often exacerbate problems in medical treatment. New arrivals often do not speak English.