The Trump Administration Is About To Deport Nearly 50 Cambodian Immigrants. Attorneys And Activists Are Trying To Stop It.
A plane of detained Cambodian immigrants is set to take off from the US
Monday in what attorneys believe is the largest deportation flight to
Phnom Penh under the Trump administration.
A plane of detained Cambodian immigrants is set to take off from the US
Monday in what attorneys believe is the largest deportation flight to
Phnom Penh under the Trump administration.
"Instead of taking 12 to 20 a year, we're talking about 50 to 100
every time [U.S. Customs and Immigration Enforcement] detains
Cambodians," Lo said.
For more than a year, the Trump
administration has drastically increased the deportations of Southeast
Asian immigrants, as it pressures countries like Cambodia, Laos, and
Vietnam to accept more repatriations of immigrants detained in the US.
In
the case of Cambodians facing deportations, many immigrants have been
living in the US for decades, having fled their birth country as
children with parents escaping a series of bloody wars, as well as the
brutal rule under the Khmer Rouge. Some lived for years in refugee camps
in Thailand before eventually relocating to the US as refugees.
"Every country has an international legal obligation to accept the
return of its nationals whom another state seeks to remove," ICE
spokesperson Brendan Raedy told BuzzFeed News. "The United States
routinely cooperates with foreign governments in documenting and
accepting its citizens when asked."
The Cambodian deportations are
yet another example of the Trump administration's hardline immigration
policies, which have pushed to increase the number of deportations. And
despite the public focus on the southern border, it shows the
administration's effort to target immigrants for deportations on
multiple fronts.
Since October 2017, Lo said immigration attorneys
have seen a steady stream of Cambodian immigrants in the US being
detained and deported, with ICE deportation flights occurring about
every four months.
The deportations increased rapidly after the US announced on Sept.
13, 2017, that it would be implementing visa sanctions against several
high-ranking Cambodian officials because of the country's previous
refusal not to accept some deportees from the US.
The sanctions
proved effective and in the following fiscal year, deportations to
Cambodia increased 279%, according to ICE figures.
Immigration
officials point out that most of the Cambodian deportees have been
convicted of crimes that put their immigration status in jeopardy. But
Lo told BuzzFeed News that ICE's practice of suddenly detaining and
deporting Cambodian immigrants has meant many of the Cambodian
immigrants have been forced out of the US despite having viable legal
options to contest their deportation orders.
"In every raid cycle, we notice there are people that should not be deported," Lo said.
The deportations have occurred about every four months, he said,
significantly increasing the workload of immigration attorneys who have
focused on Cambodian immigration cases.
"We're hoping they stay in
these four-month cycles, but if they accelerate, I don't know that
we'll be able to keep up with it," Lo said.
According to ICE, there are currently 1,855 Cambodian nationals in the US with orders to be deported.
Just
before Christmas last year, the civil rights organization Asian
Americans Advancing Justice - Asian Law Caucus (AAAJ-ALC) obtained a last-minute order stopping another deportation flight
from heading to Cambodia with about 50 immigrants, arguing that most of
the immigrants scheduled to be onboard had not had their cases or legal
options reviewed before they were suddenly detained and put on the a
plane for Phnom Penh.
"The fact is ICE is picking up people with no warning not giving them
any opportunity to explore how things might be different now," Lo said.
Immigration
officials dispute that, saying its the agency's duty to execute the
removal orders if the migrants' legal options, including requests for
legal counsel or asylum and use of the appeals process, have been
exhausted.
AAAJ does not plan on seeking an order to stop the
entire flight scheduled to depart this Monday, but the organization has
been trying to exert public pressure on Omni International Air, the
airline contracted for the flight.
Using the hashtag #StopOmni, activists have hoped to generate enough
pressure to convince the airline not to take part in the flight,
potentially giving attorneys additional time to review the immigrants'
cases.
Omni did not immediately return BuzzFeed News requests for comment.
Soeun Neat, whose husband Sear Un was set to be on the Monday flight,
said he has been detained since September. Un was the primary income
source in the home with two children, she said, and without his help she
has had to resort to living with relatives and borrowing money to keep
the family afloat.
"I've always tried to be hopeful but, yes it's
tearing me apart," she told BuzzFeed News. "When it first happened, I'm
thinking, 'Here it is. My family, that's it. It's no longer a complete
family.'"
Un received a deportation order in 1999 after he was convicted of taking part in a burglary just before his 21st birthday.
Lo,
who is representing Un as he contests the deportation order, said his
client had been driving with his friends when they decided to enter a
home and steal several items, including a television. Un didn't enter
the home, Lo said, but was arrested with the group as the suspected
get-away driver.
He spent roughly a year in county jail.
The conviction was
considered an aggravated felony at the time, putting Un's immigration
status in jeopardy. But California, where the crime took place, has
changed the definition of the crime and it is no longer considered an
aggravated felony, meaning Un could have a case to argue that his
deportation order is no longer valid.
Un is one of at least six
migrants expected to be deported Monday whom Lo said may have valid
cases to contest their deportation order.
"A lot of the people
that are getting in these flights and being deported have good options
to stay here," Lo said. "The main thing is they're not getting access to
legal counsel."
On Friday, an emergency stay for Un's case was approved, and he will be allowed to argue his case.
Neat said the decision gives her hope her family might be reunited,
but that the ordeal has left her shaken, unsure of her own status in the
country although she has lived her for most of her life.
"I never
felt like this before, felt like I didn't belong here," Neat said.
"This administration is making it very clear I don't belong here. If I
ever make a single mistake, yes, they won't treat me like this is my
home."
She hopes her husband will be eventually released, but have
had to weigh their options in case he is deported. Un doesn't speak or
read Cambodian, so making a living here would be a challenge.
They couple has considered moving to another country so their family,
and their US-born children, can stay together, she said. If Un is not
deported, she added, she'll try to move forward with gaining her US
citizenship, although she might wait a few years to do so.
"I'd
rather wait until [President Trump] is out of office or being impeached
until I apply for citizenship," she said. "I don't want to do it under
his administration."
The Trump Administration Is About To Deport Nearly 50 Cambodian Immigrants. Attorneys And Activists Are Trying To Stop It.
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