What is Deportation?

[forumadmin]

Let's start everyone off at ground zero. What is deportation? Ask your questions here.

Source: http://www.pbs.org/independentlens/sentencedhome/

***Here is a summary of how it is affecting the Vietnamese Community currently.***


Repatriation MOU between ICE and Vietnam

Issue

-The Memorandum of Understanding (MOU) is a repatriation agreement between Immigration and Customs Enforcement (ICE), the agency that oversees immigration, and the Communist Government of Vietnam. Essentially, it allows ICE to deport any Vietnamese non-citizens who arrived in the United States after July 12, 1995 and have committed aggravated felonies, which covers over 4500 people at this moment, though 1500 are thought to be at immediate risk for deportation. This MOU takes effect on March 22nd (that's in NINE DAYS!).

Concerns
-Legal

-Due Process - There are no institutional protections for people who receive removal orders. Those who receive removal orders can file appeals with immigration judges. However:

1. Many of those who were convicted of aggravated felonies gave up rights to an immigration hearing in exchange for reduced sentences BEFORE they knew that an MOU was being developed between Vietnam and the US. People can still be deported if they made a plea bargain like this in 1995, 13 years before this MOU was to come into effect.

2. By the time people receive removal orders, ICE only has to provide TWO WEEKS notice to a person who is being deported. The deportee must either file a request for a judicial stay on the order OR an immigration hearing to determine if the deportee qualifies for a "withholding of removal" under the Immigration and Nationality Act (INA), which can excuse the person from removal orders if they can prove that they will face torture or persecution "on account of race, religion, nationality, political opinion, or membership in a particular social group."

-Enforcement - ICE does not specify how the delivery of removal orders will happen. Will those receiving removal orders find the letter in their mailbox? or will ICE agents track them down and arrest them while they're at work? with their family? in church?

-Sentences served - There is NO exception for those who have already served their sentences. In fact, those who are currently serving their sentences can be deported while they are in prison, leaving them with little recourse in the appeals process.

-Jurisdiction and social services

-Don Luong, from the Santa Clara County Social Services Department has expressed concerns that the Vietnamese community may react in the same way the Latino community reacted to the broader definitions of "aggravated felonies" that ICE operates under, since the definition of "aggravated felonies" is different under immigration law (essentially, any crime that results in a sentence of 365 days or more in prison constitutes an "aggravated felony"). Because of this broader defintion, people can be deported for crimes such as shoplifting, domestic violence, and child abuse. This has caused wide spread fear in the Latino communities, which has led to underreporting of domestic violence and child abuse cases because families don't want to be torn apart.

-This has also led to specific concerns with District Attorneys. They have the ability to recommend sentencing, which will play a huge role in how cases including non-citizens get handled and negotiated.



-Human rights

-In the 2006 Country report on Human Rights Practices, the US State Department described the human rights situation in Vietnam as "unsatisfactory". We have seen how the Vietnamese regime treats its dissidents, from its own citizens who stand up to challenge it (Father Nguyen Van Ly, Le Tri Tue, Le Thi Cong Nhan, and others of Bloc 8406), to citizens of other nations (Do Thanh Cong, Nguyen Quoc Quan, Nguyen Thi Thanh Van, etc)

-There is no procedure in place to ensure the safety of those who have been deported once they land in Vietnam. There are no tracking measures to see how those who are deported fare in the recipient nations. ICE washes its hands of the deportees the moment they get off the plane.

Current Efforts
-Legislative

-13 Congressional representatives are pushing to delay the start date of this MOU. Those representatives are:

Congresswoman Zoe Lofgren Congressman Mike Honda

Congresswoman Ileana Ros-Lehtinen Congressman Lincoln Diaz-Balart

Congresswoman Loretta Sanchez Congressman Mario Diaz-Balart

Congresswoman Linda Sanchez Congressman Keith Ellison

Congressman Jim Costa Congressman Dennis Cardoza

Congressman Ed Perlmutter Congressman Al Green

Congresswoman Barbara Lee



-Legal – Services, Immigration Rights, and Education Network (SIREN), Asian Law Alliance, and the Santa Clara County Social Services Department are organizing legal clinics to help educate the community about their rights in these proceedings.

-Mobilizing – UC Davis Law School students have been organizing rallies and teach-ins to educate students about this issue

Immediate Goal - Defer start date of the MOU

Long-term goals
-Re-establish 212(c) hearings, which can suspend deportation orders and/or grant waivers for long-time residents
-Educate public defenders so that they understand the potential consequences of their plea bargains
-Ensure due process in all deportation hearings

[Tam]

What this video shows is what happens AFTER an immigrant is slated for deportation. No trial, with only 2 weeks required "notification" (which is also left undefined). In some ways, he's one of the "luckier" ones because at least he got to say goodbye to his family.

[forumadmin]

Hi Everyone, I have several questions because I am new to this issue.

Does anyone have the most current statistics on which ethnic groups are being affected by deportation? If we could work together and make a timeline of this issue it would give us more perspective on what has been done in the past and how is the current situation now.

And what is the common cause/crime causing a person to be deported?

Kvietgrl

[solong2010]

Hi everyone,

I'm also new to this issue, so I'm totally clueless to the issue. I was never aware before that deportation is still a huge issue today. How bad was it in the past and how bad was it now? Also, how come this issue is never brought up in the media? Unless I just haven't been paying attention. I might be more of a reader than a speaker today.

solong2010

[leoleoleo]

So, i only knew a lil bit about this issue. Wat i want to know more is :
1. What made the U.S come up to this issue or this issue had been for a long time till it just became very serious today?
2. Does the U.S government provide anything to the deported people?
3. What is considered as "aggravated felonies"?
4. Is this issue only applied to non U.S citizen only? That means people with green card, legal documentation, international students, business travelers, legally workers, exchange students will be affected.
I hope my questions will be answered by someone..lol

[Tam]

Originally Posted by forumadmin

Hi Everyone, I have several questions because I am new to this issue.

Does anyone have the most current statistics on which ethnic groups are being affected by deportation? If we could work together and make a timeline of this issue it would give us more perspective on what has been done in the past and how is the current situation now.

And what is the common cause/crime causing a person to be deported?

Kvietgrl

Hey Nance,
I believe that some of my colleagues may have some stats, but I will see if I can find some within a good source.

[Tam]

Originally Posted by leoleoleo

So, i only knew a lil bit about this issue. Wat i want to know more is :
1. What made the U.S come up to this issue or this issue had been for a long time till it just became very serious today?
2. Does the U.S government provide anything to the deported people?
3. What is considered as "aggravated felonies"?
4. Is this issue only applied to non U.S citizen only? That means people with green card, legal documentation, international students, business travelers, legally workers, exchange students will be affected.
I hope my questions will be answered by someone..lol

Hi leoleoleo,
1) Deportation has been going on for a long time in some way or another. One of the reasons why it has caught some attention recently is because it is currently affecting the Vietnamese Community. On March 22, 2008, an MOU (memorandum of agreement) between the communist government of Vietnam and the Immigration and Customs Enforcement (ICE) went into effect. Essentially, it allows ICE to deport any Vietnamese non-citizens who arrived in the United States after July 12, 1995 and have committed aggravated felonies, which covers over 4500 people at this moment, though 1500 are thought to be at immediate risk for deportation.

2) The US does not provide anything for the deportees, to my knowledge.

3) The definition of "aggravated felonies" is a very gray, unrefined one. It's one of the main issues that many people against this MOU are bringing up.

4) It can affect anyone who is not officially a citizen, up until the second before they are sworn in.

Hope that answers some of your questions.

[tranh1982]

Originally Posted by Tam

Hi leoleoleo,
1) Deportation has been going on for a long time in some way or another. One of the reasons why it has caught some attention recently is because it is currently affecting the Vietnamese Community. On March 22, 2008, an MOU (memorandum of agreement) between the communist government of Vietnam and the Immigration and Customs Enforcement (ICE) went into effect. Essentially, it allows ICE to deport any Vietnamese non-citizens who arrived in the United States after July 12, 1995 and have committed aggravated felonies, which covers over 4500 people at this moment, though 1500 are thought to be at immediate risk for deportation.

2) The US does not provide anything for the deportees, to my knowledge.

3) The definition of "aggravated felonies" is a very gray, unrefined one. It's one of the main issues that many people against this MOU are bringing up.

4) It can affect anyone who is not officially a citizen, up until the second before they are sworn in.

Hope that answers some of your questions.

Yo Leo,
1. Deportation is a long standing practice. In previous centuries, the term may have been "banishment." You know, like slavery was a long standing practice until humanity realized it was cruel and inhumane.

2. ICE, or Immigration and Customs Enforcement, provides no services or follow up for the people that they dump

3. The definition of "aggravated felony" under immigration law means any crime that results in 365 days or more of imprisonment

4. Tam got it on the dot.