Wednesday, September 01, 2010

Grappling with deportation

Tuesday, 31 August 2010
Brooke Lewis and Vong Sokheng
The Phnom Penh Post


OM Roeun, who goes by the name Lucky, was born in a Thai refugee camp and moved to America when he was a year old.

Prior to being deported to Cambodia six years ago, his image of the Kingdom was based on a couple of photographs he had seen, as well as stories his parents and other members of the Cambodian-American community in northern Virginia had told him.

“I had never been to Cambodia,” he said yesterday. “I had seen a couple of pictures, and I could speak broken Khmer, but I couldn’t read or write the language.”

Lucky was 17 when he was convicted of malicious wounding and sentenced to five years in prison.

On the day of his release, United States immigration officials arrested him and began paving the way for his deportation, a process that took two years. “They picked me up right on my release day,” he said.

He didn’t know anyone when he arrived in the Kingdom, and he said yesterday that he found it difficult to adjust to his new environs. “I still find it a culture shock sometimes; all my life I was Americanised,” said the 30-year-old, who is currently between jobs and lives in Phnom Penh. “The culture is way different here than over there.”

He said that the hardest thing about the move had been to leave behind his family.

“I have a son who is 14 now,” he said. “I have never met him. He was born while I was locked away.”

Lucky, who was first taken into custody by US immigration officials in 2002, was one of the first Cambodians to be affected by a controversial repatriation agreement signed that year. Under that agreement, at least 10 Cambodians found guilty of aggravated felonies in the US are set to arrive in the Kingdom today, the Ministry of Foreign Affairs said yesterday.

Kloeung Aun, executive director of Phnom Penh-based NGO the Returnee Integration Support Centre, said yesterday that many of the 229 legal American residents who had been deported to Cambodia since 2002 have faced similar challenges.

He said “a very, very small percentage of them have had contact with Cambodia” prior to their arrival, and that many were forced to leave behind family and friends they have known their whole lives, sometimes with tragic results.

“One person committed suicide, and there have been other attempts,” he said.

Kloeung Aun added that all of the deportees have already been punished for their crimes prior to being deported.

“All of them have served a full sentence,” he said. “Some are released on parole or probation and then [immigration officials] pick them up again.”

According to a report released earlier this year by the International Human Rights Clinic of the Leitner Centre for International Law and Justice at Fordham Law School in the US, the 2002 agreement made Cambodians vulnerable for the first time to US legislation enacted in 1996 that “eliminated judicial discretion from the removal process and expanded the categories of mandatory deportation”.

The Kingdom had previously refused to accept deported non-citizens.

Like some rights workers, the authors of the report expressed concern that Cambodian-Americans can “suddenly find themselves eligible for deportation” after having served time and re-entered society.

Sara Colm, a senior researcher for Human Rights Watch, said yesterday that current laws left no room for judges to consider prospective deportees family or work connections, or the fact that they had lived in the US for most of their lives.

“We’ve called for the immigration policy to be amended so that considerations can be made for the strength of the relationship people have with the US,” she said. “Particularly for people who have committed minor nonviolent crimes, the deportation process gives no consideration for the impact a deportation can have on their family. They deport only one person, not the whole family.”

7 comments:

Anonymous said...

Don't be fooled by the appearance: The US are the most selfish people on Earth. They are very good at hiding their dirty laundries.

Anonymous said...

You are right, I have known for long time, US is capitalist country or we can say business government, it keep only asset and push liability out. What ashame to live in a country that do not welcome you. This is because you are not their citizen. Many chinese and Vietnamese made sucessful life in Cambodia, why you as khmer can not succeed in you ancestor land, they come to cambodia with bare hand as well?

Anonymous said...

You committed a crime, you deserved it PERIOD!

Anonymous said...

Enjoy your new home! Less criminals from the US. But more to Cambodia, DAMN!

Anonymous said...

Ah juoy marai Hun Sen is to blame.

Anonymous said...

In addition, we must concentrate on rule of law, because only rule of law can take Cambodia into another level of expectation. Rule of law helps us to walk, drive and navigate according to plans like a sailor needs his Compass while at the High Sea. Only rule of law can truely change Cambodia into the directions everyone wants. Look at Thailand for example, they know what they. In 1915, Siam decided to follow the West and thus they have chosen America and British as their Compass and guidance. The King and I should have explained that better than anything that has ever written for all Siamese. Once the Siamese have decided on what they want they will never look back, and we can see the result of the present time...they have outgrew Cambodia when it comes to success and being established. Having said that, Cambodia ought to do the same thing. As a nation, we must pick a model, the best model there is in the world t use it as guidance and compassing our hardest time and made it to a greater and better place for all. In the end...no one is stopping us from growing, but ourselves. Democracy is there for us to grasp, rule of law is there for us to be written, models are there for us to follow. The question is...when will we say enough is enough and this is the time to rise up to the challenges. WE CAN DO IT. NO MORE EXCUSES.


I thank you.



X-MEN

3:15 AM

Anonymous said...

It's true, if you commit a crime you deserve IT, but to deserve IT twice? You are basically agreeing that it is ok for your country to give double jeopardy for crimminal acts, even misdeamors ones. You have no idea what America has in store for you.