Showing posts with label Deportation of illegal Vietnamese immigrants. Show all posts
Showing posts with label Deportation of illegal Vietnamese immigrants. Show all posts

Sunday, February 17, 2008

U.S. and Vietnam Need to Rethink Deportation

Feb 16, 2008
Dori Cahn & Jay Stansell
International Examiner
Commentary


Last month, the U.S. Immigration and Customs Enforcement (ICE) announced the signing of a repatriation agreement with the government of Vietnam. The agreement states that Vietnamese nationals who entered the United States after July 12, 1995, and do not have legal status in the United States can be deported to Vietnam. The ICE press release claims that this agreement covers around 1,500 people who have committed criminal or immigration violations.

But there is no information from the Vietnamese government as to what will happen to those who are deported to that country. Nor has there been a public and transparent process here for justifying these removals to a regime that has yet to establish a track record of full respect for human rights of its people.

Many questions remain unanswered about this agreement. What will happen to the first group of individuals whose plane lands in Hanoi or Ho Chi Minh City and are handed over to Vietnamese authorities? Why is it necessary or just to have laws that result in the deportation of refugees in the first place, particularly Southeast Asian refugees who were the allies of U.S. foreign interests during the conflicts in Vietnam, Cambodia and Laos? How can the human rights of those who are returned be assured?

The situation echoes the repatriation agreement between the United States and Cambodia, following decades where Cambodia had also refused to accept deportees. In March of 2002, Cambodians in the United States were horrified to learn that their children and family members who had escaped the terrors of the Khmer Rouge were to be returned to the country that still evoked vivid memories of terror, torture, starvation and death.

Making the situation worse, in an early comment following the agreement, the Cambodian prime minister stated that the U.S. “criminals” would be immediately removed to Prey Sar prison, the country’s largest and most dangerous institution.

But the Cambodian American community and allies pushed back against this attitude towards the returnees. Activists organized against the agreement, and helped prod the Cambodians to soften their tone and rhetoric. They helped to establish an organization in Phnom Penh to monitor and assist the planeloads of young Cambodian Americans that were to follow.

Many participants in this still emerging movement also began to advocate for long-needed changes to U.S. immigration law that would allow for review of the decisions to deport refugees. People who wind up in the United States after war, terror, and trauma in their home countries do not understand why they are not allowed to ask for a second chance from the U.S. government. Families must have the right to challenge these decisions before their loved ones are sent back to a homeland that may not be willing to embrace them.

The experience of returnees in Cambodia is telling. A returnee-run NGO monitors each group as it lands, and offers assistance to integrate into a country that many either left when they were children, or never knew at all because they were born in refugee camps. Of the 168 men and one woman who have been returned to Cambodia, many are not working, or work jobs that pay minimal wages, or live in the countryside growing rice. Some have gained security and a sense of belonging by marrying into Cambodian families. While many of the returnees are not thriving, the Cambodian government has learned that they are not a threat to be managed, but people who just want to live their lives without intervention.

We know nothing about what will happen to returnees in Vietnam. Many of the post-1995 entrants may be Amerasians, or Montagnards, or people who spent years languishing in reeducation camps before being admitted to the United States. Each of those groups has reason to be concerned about their re-entry to a country that has been silent about their future.

Congress should push for a moratorium on deportations under this agreement until there is assurance from the Vietnamese government that the human rights of all those returned to Vietnam will be respected. Administration officials should act with transparency and identify the composition of those who face removal. If actual removals are to take place, both countries should cooperate with advocates to establish a monitoring organization in Vietnam modeled upon the successes, and improving upon the problems, of efforts in Cambodia. And Congress and all concerned Americans must have an open and honest discussion of why immigration laws presume to tear apart families that have already suffered so much trauma, particularly the refugees and other migrants from the Southeast Asian violence that America so directly influenced.

Wednesday, January 23, 2008

Thousands of Vietnamese living illegally in U.S. face deportation [The Vietnamese are facing the same the same problems as Cambodians in the US]

01/22/2008
By Jessie Mangaliman The Mercury News (San Jose, California, USA)

In two months, the U.S. government will begin deporting more than 8,000 illegal Vietnamese immigrants as the result of a long-sought repatriation agreement signed Tuesday by Washington and Hanoi.

The pact deals with a once-verboten subject in the emigre community - the forced return of Vietnamese nationals to their communist homeland - and it underscores how close Vietnam and the United States have become.

In addition, the muted reaction Tuesday in San Jose's 100,000-strong Vietnamese community illustrated how much emigre politics have changed in the once rigidly anti-communist community.

Although some worried that the communist regime might retaliate against repatriated emigres, most Vietnamese-Americans interviewed Tuesday seemed to view the agreement as a natural outcome of the growing ties between two former enemies.

"It's normal," said Hoang Co Dinh of San Jose, a member of the Vietnam pro-democracy group Viet Tan.

Antoinette Haupt, a Palo Alto hairdresser who immigrated from Vietnam four years before the Vietnam War ended in 1975, called the agreement a good step to address illegal immigration.

"If you take illegals from one country, you should take them from all countries," said Haupt, who in the past has joined demonstrations denouncing Hanoi. "It has to be equal."

Under the renewable, five-year agreement signed in Hanoi by Vietnamese Foreign Ministry officials and Julie L. Myers, assistant secretary for the U.S. Department of Homeland Security, Immigration and Customs Enforcement can now repatriate undocumented Vietnamese who have been ordered deported by an immigration judge.

Most of the illegal immigrants - about 7,300 Vietnamese - have criminal convictions that made them subject to deportation, according to the Department of Homeland Security. Others overstayed visitors visas.

It was unclear Tuesday how many of the undocumented Vietnamese live in San Jose and the rest of the Bay Area. But Santa Clara County has the second largest concentration of Vietnamese in the country, so it's suspected that hundreds of undocumented Vietnamese live here.

Many who were ordered deported were released on parole from immigration detention. These include Vietnamese who completed jail time for crimes that made them eligible for deportation. Although they were required to regularly report to immigration officers, many were were able to establish semi-normal lives and obtain work permits because they were in legal limbo.

A U.S. Supreme Court decision prevented the federal government from holding the undocumented immigrants in detention for more than six months.

The repatriation of the Vietnamese has been in limbo for more than a decade since the United States stopped admitting refugees from Vietnam in the early 1990s.

Even with a judge's order in hand, the U.S. government was unable to deport undocumented Vietnamese because Hanoi refused to accept them. But as diplomatic and economic ties grew since the United States lifted a trade embargo in 1994 and normalized relations a year later, discussions of repatriating undocumented Vietnamese began in earnest.

"Agreements such as this are the building blocks of diplomacy," Myers said in a news release. "This agreement allows us to carry out a judge's order to remove individuals from our country in a safe and humane manner."

The U.S. government will pay for the cost of deporting the Vietnamese nationals, a process that is expected to begin two months from now. About 6,400 have final deportation orders, and an additional 1,668 are in deportation proceedings, said Mike Keegan, a spokesman for ICE in Washington, D.C.

Loc Vu, a former colonel in the South Vietnam army who now runs a refugee resettlement agency in San Jose, said he agrees that the United States is simply trying to enforce its own immigration laws. But he expressed concern about the treatment of those deported once in Vietnam.

"Maybe they will be welcomed at first," he said. "Then after a few months, who knows?"

The deportation of the Vietnamese nationals will have a far-reaching impact on the lives of their families. Many will leave behind children, parents, husbands and wives who are U.S. citizens or living legally here.

"Does it really justify breaking up families?" said Diem Do, another member of Viet Tan. "To me this is a very emotional issue. I look at this as more of a humanitarian issue."

Contact Jessie Mangaliman at jmangaliman@mercurynews.com or (408) 920-5794.