Resource Guide for Southeast Asian Americans Facing Criminal Deportation
An in-depth guide focusing on how to navigate the detention and deportation system for Southeast Asian American immigrants who have criminal convictions that triggered their deportation proceedings. Also includes a directory of university immigration law clinics that provide pro bono services, attorneys with specialized knowledge of SEAA deportation issues, and SEAA organizations that can provide support.
Click here to access.
Community Alert: Judge Issues Temporary Restraining Order on Cambodian Deportations
While this is a huge victory for Cambodian families who were facing separation from their loved ones before the holidays,
the decision is temporary in nature. It is meant to buy time for families to continue pursuing legal avenues of relief. Please read this
guidance by the
Asian Law Caucus for individuals approaching their 90
th day in detention or their post-order custody review (POCR). It provides an explanation of the process as well as instructions on how to put together a POCR packet for your loved one to demonstrate that they are not a flight risk or a threat to public safety. For more information, contact Melanie Kim at
melaniek@advancingjustice-alc.org.
Cambodian Deportations to Begin
FOR IMMEDIATE RELEASE
December 6, 2017
Contact:
Katrina Dizon Mariategue, Immigration Policy Manager
katrina@searac.org, 202-601-2968
Cambodian Deportations Confirmed to Begin in December
Record-Breaking Number of People to be Deported Next Year
Washington, D.C. – Cambodia’s immigration department recently confirmed that more than 70 Cambodians from the U.S. will be deported in the month of December. Sources say that this will likely happen in two batches, with the first group of about 50 to be removed in the next few weeks prior to the holidays. Additionally, a total of 200 people are expected to be removed in 2018. Since the deportation of Cambodians began decades ago, the number removed in a year has never exceeded 89.1 This group of 200 will be the largest group to ever be deported in one year in both U.S. and Cambodian history.
This aggressive removal of refugees follows visa sanctions issued by the U.S. on Cambodia in September for refusing to comply with the repatriation of deportees. While community members had hoped that Cambodia would stand strong under U.S. pressure to protect these communities, the threat of visa sanctions seems to have escalated deportations even more.
“We condemn the deportation of refugees and the separation of families,” said Quyen Dinh, executive director of SEARAC. “This heartless move by both the U.S. and Cambodian governments to terrorize people right before the holidays is deplorable. We denounce the further escalation of removals next year and stand ready to fight with our community to expose this injustice and demand a change to laws that allow for the ongoing detention and deportation of our community members.”
This news of deportations devastates several Cambodian families who have been separated from their loved ones for months, only to find out that they may never see them again. Lisa Kum’s husband was detained in October after ICE came to their door to arrest him. He had finally come home in August after being in detention for almost eight months. “I was pregnant and had our daughter for the majority of the time he was in prison and immigration detention shortly after,” said Lisa. “The day he came home to us was such a happy day because he finally got to meet our sweet baby girl. But now, my daughter may grow up without her daddy, and I live with the real possibility of being a single mom for the rest of my life. This will be our second Christmas without him due to being in ICE detention. The laws that allow for this to happen are so unfair.”
For months, grassroots organizations in both the Cambodian and Vietnamese communities have been working to support families whose loved ones were detained by providing resources, sharing information, and pushing congressional leaders to take a stand. This news comes as a shock for many local organizers.
“Our communities are suffering during a time in the year that should be about family, togetherness, and joy”, said Sarath Suong of the Southeast Asian Freedom Network (SEAFN). “Instead, we are seeing parents being ripped apart from their children. We are seeing homes get broken up by detention and deportation laws that repeatedly re-traumatize refugees and our families.”
The Vietnamese community is also dealing with the shock of deportations before the holidays. Despite a U.S.-Vietnam MOU that precludes the deportation of refugees who arrived to the country prior to 1995, a few individuals who fit under this category have been recently issued travel documents. This has galvanized the Vietnamese community to also fight back.
“We stand with our loved ones in the Cambodian community and will continue to organize and mobilize the Vietnamese community to keep fighting with them,” said Nancy Nguyen of the Vietnamese Anti-Deportation Network. “We can no longer be divided. Now is the time for all Southeast Asian American communities to come together and unite with black and brown communities to fight this Administration’s attack on all of us.”
Take Three Actions for Cambodian and Vietnamese Families:
1. Call your members of Congress to denounce these deportations by doing the following:
- Identify your congressional leaders
- Here is what you can say: “My name is ____ from (City, State). I am calling Representative/Senator (Name) to ask that he/she take a public stand against the detention and deportation of Southeast Asian refugees to Cambodia and Vietnam. The round up of community members began in October and impacts refugees that came to the U.S. after the Vietnam War. They grew up as lawful permanent residents and have transformed their lives by putting past mistakes behind them, contributing to their communities, and supporting U.S. citizen family members. (Consider inserting a personal story if you have one.) They do not deserve to be torn apart from their loved ones during the holidays. Will you issue a statement or sign onto a letter circulating in Congress denouncing these deportations?
- If they say yes, notify Katrina@searac.org to follow up.
2. For Organizations: Sign this Letter to DHS Demanding a Stop to Southeast Asian Deportation. Deadline: Wednesday, December 12, 12pm EST.
3. For Individuals: Sign the following petitions:
Community Call 11/15: Fighting Deportation Round-Ups
Fighting Deportation Roundups:
Tools, Tips, and Resources for Impacted Southeast Asian American Families
Register Now
The recent roundups of Cambodian and Vietnamese community members for deportation have left many families overwhelmed, frightened, and looking for concrete actions to support their loved ones. SEARAC is working closely with Advancing Justice – Asian Law Caucus to provide families with resources and connect them with legal counsel to explore options to fight deportation.
But when there are no legal avenues for relief left, what can families proactively do to continue fighting?
SEARAC and community advocates will share tips and best practices for family members who are seeking an answer to this exact question. We will also provide an honest analysis of the opportunities and risks of advocacy under a Trump Administration.
Join us for a webinar on Wednesday, November 15 at 12pm PST/3pm EST. Register here for webinar information.
We will be joined by the following speakers:
Joint Community Alert: Vietnamese Vulnerable to Deportation
Joint community alert from:
VietLead, APIROC, Mekong-NYC, VietUnity-East Bay, VietUnity-South Bay, Dorchester Organizing Training-Initiative, SEARAC
See Vietnamese version
here.
At this time, we believe that Vietnamese community members with final removal orders are vulnerable to potential arrest, detention, and deportation. ICE has used more aggressive tactics such as threatening community members with self-deportation and forcing folks to sign Vietnamese citizenship applications. Over last several weeks, ICE has re-arrested individuals with final removal orders that they were unable to deport in the past.
We have learned that on on September 21, 2017, the United States submitted 95 cases to the Government of Vietnam for processing and at the end of October 2017 into November 2017, a Vietnamese delegation will arrive in the United States to conduct interviews in Georgia. We know these cases include both pre-1995 and post-1995 cases.
Please be aware:
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If you have a final removal order, do not leave the country. Seek immediate legal help if you have traveled outside of the country in the past (see pro bono legal list below).
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If you have loved ones who will soon be released from prison, or are currently in detention, seek legal support.
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If you are going for a check in, do not go alone – have family, friends, and local organizations accompany you.
If you have a final order of removal and ICE has notified you of a new check-in date, please contact Asian Law Caucus at (415) 896-1701, Asian Americans Advancing Justice – Los Angeles at (888) 349 9695 or in Vietnamese at (800) 267-7395. They can help you assess the risk that you may be detained and assist you in planning for that possibility.
WHAT YOU CAN DO
ICE is threatening all of our communities – but they are coming for the Southeast Asian community in ways we have not seen before. It’s time to join together and organize! Gather community members and prepare to tell your story. See SEARAC’s recent
community alert on similar round ups happening in the Cambodian community for ideas on concrete things you can do in your own communities. Don’t let our stories go untold!
-
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Call your
Congressional leaders today (make sure to call both of your Senators and your Congressperson) to ask them to help stop deportation of our community members!
Other Resources:
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Here is an online guide to help you know your rights during an ICE encounter.
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For more pro-bono legal options, check out SEARAC’s
directory of individuals and organizations with expertise in criminal deportation of Southeast Asian Americans.
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For more information on ICE raids and other Know Your Rights materials, click
here.
a strong community is an organized one
Community Alert: Cambodian Consulate to Begin Interviews for Deportation – Hotline Available for Detainees
BREAKING: Chamroeun Phan of #ReleaseMN8 Finally Released to His Family
FOR IMMEDIATE RELEASE
September 22, 2017
Contact:
Mari Quenemoen, SEARAC, mari@searac.org, 202-578-7963
Montha Chum, #ReleaseMN8, monthachum@gmail.com, 651-387-1065
Julie Mao, National Immigration Project of the National Lawyers Guild, julie@nipnlg.org, 202-792-6610
St. Paul, MN – After more than 387 days in immigration detention, Chamroeun Phan of Maplewood, MN, came home to his family on Monday. In May, Phan’s immigration attorney, Mai Neng Moua, successfully argued that Phan’s deportation to Cambodia should be cancelled because of the undue hardship it would cause his family. But the Trump administration appealed the immigration judge’s ruling and refused to release him from detention. As part of the #ReleaseMN8 campaign, Phan’s release Monday came as the result of intense community advocacy and legal challenges.
Montha Chum, Phan’s sister and a lead organizer with #ReleaseMN8, stated, “We are so thankful and relieved to have Shorty back home with us.” Chum continued, “Chamroeun’s release, only by the grace of God, shows the power of community organizing and effective advocacy. The #ReleaseMN8 community, along with our national supporters such as
Mijente,
Southeast Asian Freedom Network,
National Immigration Project of the National Lawyers Guild, and
Southeast Asia Resource Action Center, stood by us every step of the way, and refused to let Chamroeun be deported without a fight.”
Phan added, “God never gave up on me. My family never gave up on me. I can’t even express how grateful I am for the community support, from the Twin Cities to all across the country, thank you so much. God is so good!”
Community members and families of eight Minnesota men slated for deportation to Cambodia a year ago mobilized
multiple protests and vigils to defend the men, all of whom came to Minnesota as child refugees. Five of the men have since been deported to Cambodia, but Phan is the third to be released from detention.
Ched Nin was released permanently back to his family in February, and
Sameth Nhean awaits a decision from the Board of Immigration Appeals (BIA) together with his family.
Phan (center) after his release with Nin (left) and Nhean (right)
A husband and father of a young daughter, Phan
arrived to the U.S. as an infant and a refugee after his parents fled the Khmer Rouge genocide. He was born in a Thai refugee camp and has never set foot in Cambodia. The Trump administration sought to deport Phan for a 2009 conviction for property damage after he broke some windows at a bar where he was a regular patron. Phan was given a 365-day suspended sentence. The owner never filed charges and supported Phan’s request for relief from deportation.
Phan’s release came after his lawyer Bruce Nestor filed a successful habeas petition resulting in a federal judge ruling that his continued detention was unconstitutional. ICE was then compelled to release Phan after the
community obtained the support of the Ramsey County Attorney’s Office and a Judge to modify his original sentence to 364 days. Nestor said, “Mr. Phan was detained over a year at taxpayer expense and faced separation from his family because of a simple mistake made by his lawyers in 2009. While we celebrate his release, too many other immigrants are similarly detained and deported because of harsh and arbitrary immigration laws, where only a single day change in a jail sentence can mean the difference between deportation and freedom.”
Under current immigration laws passed in 1996, even lawful permanent residents and refugees can be deported for certain offenses if they are sentenced to at least 365 days. Ramsey County Attorney John Choi’s office recognized this arbitrary “life sentence” for Phan. In a letter to the Federal Immigration Judge who ultimately granted Mr. Phan a hardship waiver, Choi wrote, “I do not believe that deporting Mr. Phan to a country where he has never lived and whose language he does not speak is a fair or just consequence.”
Julie Mao, attorney from the National Immigration Project of the National Lawyers Guild, which supported the #ReleaseMN8 campaign’s advocacy strategy, said, “Mr. Phan’s release is the result of transformative community organizing that refused to resign to deportation, working in collaboration with dedicated lawyering. It shows that stopping deportations is possible even under Trump’s deportation agencies when communities organize, defend themselves, and engage the support of a local prosecutor.”
Quyen Dinh, the executive director of the Southeast Asia Resource Action Center, added, “Our prayers of joy are with Chamroeun’s family and the #ReleaseMN8 community for the long hard battle they’ve fought not only for their families, but for so many others who continue to live their lives in limbo and fear. We applaud County Attorney John Choi’s courage to stand up for Chamroeun by recognizing how our harsh immigration laws result in inhumane and unjust consequences for families. We call on Members of Congress to throw out these arbitrary laws that have caused so much pain for Southeast Asian American communities, so that more mothers and fathers like Chamroeun can remain with the families who need them.”
Phan reunited with his daughter
Big Update: Sameth Nhean Comes Home to His Family!
Sameth Nhean was greeted with hugs and kisses from his family, friends, and community yesterday as he was released from immigration detention, where he had been held for nearly a year.
Sameth was issued deportation relief by an immigration judge last week, but remained in detention after the Department of Homeland Security (DHS) expressed their intent to file an appeal. With the help of passionate advocates and skilled attorneys who challenged his prolonged detention, he was released on Monday to his loved ones.
“I’m so thankful to finally be home with my wife and kids,” said Sameth. “There were many times this past year that I almost lost hope. But while in detention, I saw the unconditional love and support my family and my community continued to give to me. Words cannot express how grateful I am to everyone. I am a changed person and I want to join the fight for others facing deportation.”
Sameth is the
second person from the
#ReleaseMN8 campaign freed from detention this year, but
the fight is far from over. The DHS still plans to appeal the judge’s ruling in Sameth’s case. Another #ReleaseMN8 member,
Chamroeun Phan, remains in detention, despite being granted a similar form of relief last spring.
We celebrate Sameth’s return home today. And we demand that Chamroeun also be released to his family. #BringChamroeunHome #ReleaseMN8
Third #ReleaseMN8 Member Issued Deportation Relief by Judge
FOR IMMEDIATE RELEASE
August 7, 2017
Contact:
Katrina Dizon Mariategue
katrina@searac.org, 202-601-2968
Trump Administration Likely to Appeal
St. Paul, MN – After almost a year in detention, Sameth Nhean and his family breathed a sigh of relief when an immigration judge granted him a 212(h) waiver canceling his deportation and allowing him to regain his green card. Nhean has been fighting his deportation alongside members of the #ReleaseMN8 campaign since August of last year. Originally scheduled to be deported in March, he was issued a last minute stay or removal when a judge agreed to reopen his immigration case.
Despite the judge’s finding that Sameth should reunite permanently with his family, the Trump Administration’s Department of Homeland Security (DHS) plans to appeal the decision and refuses to release Nhean from detention.
“I don’t understand why this government wants to waste time and taxpayer dollars to deport Sameth, a loving father and husband who is clearly not a threat to anybody,” said Nhean’s wife, Sokha Kul. “It saddens me to see how cold and heartless this Administration has become.”
Since Nhean’s detention, the family lost their three-bedroom home, forcing Kul and their three children to move into to her mom’s one-bedroom apartment. Debt collectors call every day as she struggles to support herself and her children with just one paycheck.
Nhean came to the U.S. as a refugee at the age of three. He was born in a Thai refugee camp after his family fled the Cambodian Khmer Rouge, and he has been a lawful permanent resident of the U.S. for 32 years.
Like many refugees from Cambodia, he has overcome significant generational poverty and trauma. In 2002, he was charged with 2nd degree assault with a dangerous weapon after trying to prevent his then-girlfriend from driving home while intoxicated. Nhean was sentenced to 21 months in jail but only served 90 days with probation. Even so, DHS is trying to deport him to a country he has never set foot in.
Aside from supporting a wife and three children, all of whom are U.S. citizens, Nhean also supports a U.S. citizen father who suffers from severe post-traumatic stress disorder (PTSD) and depression. His father had been living with his sister for eight years, but she could no longer care for him after her own child was born with special needs. Just as Nhean’s father was getting ready to move in with Nhean’s family, Nhean was thrown into immigrant detention. If he is deported, his father would have no place to go.
“The Trump Administration does not care that its policies have real consequences for entire families, including devastating impacts on children and elders,” said Quyen Dinh, executive director of the Southeast Asia Resource Action Center (SEARAC). “The Administration has attacked the very foundation of our immigration and humanitarian systems, from the Muslim and refugee ban, to the indiscriminate dragnets of immigrant families for deportation, to supporting this week’s nativist
RAISE Act, which would eviscerate family-based immigration programs and drastically slash refugee admissions. We condemn this Administration’s ongoing attack on immigrant families and demand justice for Sameth and others facing unjust deportation.”
