Vietnamese immigrants suffer from US expulsion
7/3/18
What if someone told you that you had two weeks to pack your
bags and leave the country?
Vietnamese community members are gradually finding out that
their lives are about to change in an unthinkable way.
On January 22, 2008, Vietnamese immigrants who had
entered the United States on
or after July 12, 1995, and had subsequently been ordered removed from the United States.
What does that mean?
In the United
States, even after a person is ordered
removed, their actual removal or deportation cannot take place until the
Department of Homeland Security has secured travel documents for
that person.
No travel documents, no deportation.
There are countries with which the United States
has no diplomatic relations or repatriation agreements, and it is primarily
individuals from those countries that end up in this situation.
These countries include Cuba,
Iran, and Vietnam.
So what happens to people the US wants
to deport but can’t?
They remain in the U.S. in a type of limbo
supervised release status.
They have to periodically report to the Government, keep the
Government informed of what they are doing and where they are doing it, and
promise not to break any laws.
A life-long supervised parole. These individuals can work
and live in the United
States, but they can’t get their greencards
or become citizens.
These individuals occupy this status until their actual
deportation can take place.
For many, that day may never come; but that day has come for
approximately 1500 Vietnamese immigrants living in the U.S.
Imagine getting up one morning thinking it’s going to be a
day like any other.
You drink your coffee, get the kids ready for school, and
head off to work. You’re a single mother taking care of 2 small children.
At work, you counsel battered women on how to protect
themselves and change their situation.
You were once in that position and it led to a substance
abuse problem.
You were convicted of a drug offense and you were ordered
removed from the U.S. over
ten years ago.
They couldn’t remove you so you got a second chance.
Since then, you’ve been rehabilitated and had two children
whose lives depend on you.
You are obeying the laws, staying sober, providing a vital
community service, and raising your children.
On your way back home from work, you pick up the mail and
there’s a letter from the Department of Homeland Security.
It informs you that your removal order from 1996 is being
carried out in 2008.
It provides you with information about a flight that is
leaving in 15 days and taking you back to Vietnam.
You cannot see a Judge, you cannot explain your position,
and what you do with your children is your problem.
15 days to wrap up over a decade of your life in the U.S., say goodbye, plan for a new life, find a
place to live in Vietnam,
pack your bags, and leave, likely for good.
For many Vietnamese immigrants, when the MOU of
January 22, 2008 goes into affect, the above scenario will be a reality.
The day after news of the MOU was released,
Representative Zoe Lofgren (D-San Jose) authored a letter co-signed by at least
12 other Representatives expressing serious concern about the agreement for
individuals who may be subject to human rights abuses upon returning to Vietnam, and
asking that no implementation of the agreement take place until agreed to
by Congress.
Advocates have received calls from community members who are
concerned about being detained upon arrival in Vietnam.
The conditions and extent of their potential confinement
remain unclear.
Sudden and forced expulsion from the United States
with little notice and no due process should be considered cruel and
unusual punishment.
It doesn’t take a lot to imagine the severe emotional,
psychological, physical, and economic devastation that can arise for
individuals, families, and communities as a result of these actions.
A nation that respects human rights would do better.
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