Released asylum seekers can pursue their cases while living with relatives or friends who have legal status in the country. In theory, all INS districts follow these same release standards. Yet, inconsistent release practices have plagued the expedited removal process from the outset. Significant numbers of asylum seekers have been unnecessarily detained for months and even years because certain INS districts arbitrarily refuse to release them. The INS's failure or inability to enforce uniform release policies has been abundantly documented, as have the shifting release practices of local district offices.
Some districts parole very few detainees.
In FY 1999, for example, only about 9 percent of asylum seekers held in the Elizabeth Detention Center in New Jersey were released from detention. In short, custody determinations often turn on where and when the person is detained, rather than on the equities of the case. Certain INS districts regularly refuse parole to qualified applicants. Others normally release asylum seekers who meet the requirements. In recent years, the New Jersey and New York INS districts have been particularly intransigent in their refusal to release bona fide asylum seekers.