New Way Forward Act Would Offer Relief to Many Southeast Asian Refugees Facing a “Life Sentence” of Deportation

For Immediate Release
January 27, 2021
Media Contacts:
Michelle Boykins, Asian Americans Advancing Justice
202-296-2300, ext. 0144
mboykins@advancingjustice-aajc.org
Elaine Sanchez Wilson, SEARAC
(202) 601-2970
elaine@searac.org
Washington, DC – Asian Americans Advancing Justice and Southeast Asia Resource Action Center (SEARAC) applaud the reintroduction of the New Way Forward Act by Reps. Jesús  “Chuy” García, Pramila Jayapal, Karen Bass, and Ayanna Pressley. Key components of the bill include:
  • Eliminating mandatory detention
  • Redefining convictions
  • Ending deportations based on certain convictions
  • Restoring judicial discretion for immigration judges
  • Creating a five-year statute of limitations for deportability
  • Establishing an opportunity to come home for certain deported individuals or non-citizens in deportation proceedings
Advancing Justice and SEARAC issue the following joint statement:
“This landmark legislation re-envisions the United States’ severely flawed and racist immigration enforcement system. The New Way Forward Act would restore fundamental due process protections and compassion back to our immigration system. For the last several years, our country’s outdated and unjust immigration laws have been used to deport our communities at an unprecedented level.
As we look to eliminate mass incarceration and create a racially just society, the New Way Forward Act is an essential step toward justice and equity for immigrant and refugee communities. We need to provide a way for those individuals who were unjustly removed to have the opportunity to come home and be reunited with their families.”
Background:
If enacted, the New Way Forward Act would have helped some individuals like Sophorn San reopen their cases despite already being deported. Sophorn was an immigrant from Cambodia who immigrated to Rhode Island in 1996 after his family obtained legal residency through family sponsorship. In 2010, at age 19, Sophorn pleaded guilty to possession of a handgun without a permit and was sentenced to six months in prison with 56 months probation. His attorney advised him to take a plea deal, though neither knew at the time that Sophorn would become deportable because of it. After he was released from ICE detention, he started working and moved in with his girlfriend and her two children. On December 17, 2018, he was deported to Cambodia. Had the New Way Forward Act been enacted, Sophorn would likely be back with his family in the United States. Sophorn unfortunately passed away a year later in a motorcycle collision in Cambodia at the age of 27.
Many Southeast Asian American (SEAA) refugees were resettled into low-income neighborhoods after fleeing violence during the Vietnam War, Cambodian Genocide, and Secret War in Laos. Many struggled to survive because of a lack of social services, economic opportunity, or language access, and some individuals entered the criminal legal system. The 1996 immigration laws (the Anti-Terrorism and Effective Death Penalty Act and the Illegal Immigration Reform and Immigrant Responsibility Act) established mandatory detentions and automatic deportations, heavily expanded crimes considered deportable, and restricted judicial discretion for many immigration cases. Because of the retroactive nature of these laws, many SEAA refugees suddenly became deportable overnight for convictions prior to 1996. Though many have already served their time, have families, and have turned their lives around, Immigration and Customs Enforcement continues to detain and deport SEAAs. 2,000 SEAAs have been deported from the United States since 1998. Roughly 15,000 SEAAs currently live with a final order of removal, and about 80% of those removal orders are based on past convictions.

ACTION ALERT:

 

Contact your Members of Congress and ask them to co-sponsor the New Way Forward Act!

1. Take action: CALL
Call the US Capitol Switchboard at (202) 224-3121 and ask to speak with your House member. You can also click here to find the direct lines to your representatives.
Here’s what you can say:
“Hi, my name is ______ and I am a constituent of Congressmember ____.  I am calling to ask you to co-sponsor the New Way Forward Act, which would dismantle the harmful policies that unjustly criminalize, incarcerate and separate immigrant families. The bill would bring much needed relief to communities disproportionately harmed by our nation’s unfair immigration enforcement laws. It was through the hard organizing work of historically disenfranchised Americans, including immigrants, that helped to elect the historic Biden-Harris administration, forging us a new way forward. 
Now, we have the opportunity to repeal decades old policies that have devastated these very same communities, and a responsibility to undo the damage inflicted by the previous administration. We must ensure the new administration delivers on their promise to welcome immigrants, keep families together and safeguard the dignity and well-being of all families and communities. I urge you to take action today and co-sponsor the New Way Forward Act! Thank you.”
2. Take action: EMAIL
Find your legislator’s email here.
Dear Representative ________,
Hi, my name is ______ and I am a constituent of Congressmember ____.  I am writing to ask you to cosponsor the New Way Forward Act, which would dismantle the harmful policies that unjustly criminalize, incarcerate, deport and separate immigrant families. The bill would bring much needed relief and repair to communities disproportionately harmed by our nation’s overzealous and unfair immigration enforcement laws. 
It was through the hard organizing work of grassroots, immigrants, first time voters, Asian, Latinx, Indigenous, Black, brown and historically disenfranchised Americans that helped to deliver our country the historic Biden-Harris administration. Forging us a new way forward. Now, we have the vested opportunity to repeal decades old policies that have devastated these very same communities and leaders and a responsibility to undo the damage inflicted by the previous administration’s policies that fueled mass expansion in federal immigration prisons and widespread abuses. 
We cannot allow our fellow and future Americans to wait for justice; it’s time to envision our communities free of mass criminalization and deportation. We must root out deep, systemic problems of racism and xenophobia that permeate our immigration and criminal legal system. We must ensure the new administration delivers on their promise of leading us towards unity, healing and rebuilding our nation back stronger. And a #NewWayForward is only possible together. 
I urge you to stand on the right side of history, take action today and cosponsor the New Way Forward Act! Thank you for taking time to read my email. 
If you would like more information about the bill, please visit: http://immigrantjusticenetwork.org/newwayforward
Sincerely,
[Your name]
3. Take action: SOCIAL MEDIA
Locate your Rep’s Twitter handles here: TweetCongress
www.tweetcongress.org/tweeters
New Way Forward Digital Toolkit HERE
Social media tools include:
#NewWayForward bill background and talking points
Campaign graphics, sample tweets and FB/IG posts
Southeast Asian American (SEAA) community impact stories