On
July 7, 2009, Roxroy Salmon - a Jamaican immigrant, activist and
Brooklyn, New York resident - appeared before an immigration judge
to determine his future in this country. In a worst case scenario,
Salmon, a longtime resident of the U.S. with deep roots here, was
ordered deported.
What is his crime, you might ask? Two decades ago,
he pleaded guilty to two minor drug charges, and served no time.
But that doesn’t matter under the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (IIRAIRA), an unjust federal law which allows for
the mandatory deportation of immigrants for past offenses, no matter
how minor the offense, or how long ago it was committed.
The threat of deportation is bad enough for Salmon,
53, who came to the U.S. in 1977, undocumented, to better himself
and get an education. He also has a family in America. This is a
man who has lived the so-called American dream - he has worked hard
and raised four girls with his wife, and also has a granddaughter,
all of whom are U.S. citizens. And Roxroy’s mother, also a U.S.
citizen, petitioned for U.S. citizenship for her son. But his minor
drug charges from over a generation ago stood in his way. He applied
for deferred action from U.S. Immigration and Customs Enforcement
(ICE), in the hopes that the government will not enforce his deportation
and separate him from his family.
“I'm asking Congressman [Ed] Towns and Senator [Charles]
Schumer to please save me and my family and other families that
are in the same situation,” Mr. Salmon said as he left his hearing
at 26 Federal Plaza in Manhattan. “Because we have children - here
are my children - we need to stay together. Don't put me in exile!”
Roxroy Salmon’s case is by no means unique. The group Families For Freedom notes that nearly 10% of American families are of
mixed immigration status, that is, with at least one parent who
is a non-citizen, and one child who is a citizen. And 3.1 million
children who are U.S. citizens have at least one undocumented parent.
In the end, 200,000 non-citizens are deported every year
and separated from their families, even if the judge believes they
should stay. As Human Rights Watch noted in a recent report, 72% of noncitizens who
were deported had committed nonviolent offenses such as drug possession
or traffic offenses. Of those legal noncitizens who were deported,
77 percent were thrown out for nonviolent offenses, meaning that
only 23 percent had committed violent acts. As a result of this
misguided policy of criminalizing immigration status, at least 1
million children and spouses have been separated from their family
members.
Human Rights Watch concludes that U.S. deportation law fails to safeguard human
rights, and “is far out of step with international human rights
standards and the practices of other nations, particularly nations
that it considers to be its peers” - the law lacks proportionality
(after all, deportation is a severe penalty for petty infractions,
including the charges to which Mr. Salmon pleaded guilty); disregards
the importance of family unity (deprives one of the right to live
with close family members, including minor children); fails to consider
the individual’s ties to the U.S., and gives no consideration to
the threat to the deportee’s life or freedom if he or she is deported
to the country of origin. The report makes it plain:
Deportation,
though not technically recognized under US law as a form of punishment,
is a coercive exercise of state power that can cause a person
to lose her ability to live with close family members in a country
she may reasonably view as "home." Most deportees are
barred, either for decades or in many cases for the rest of their
lives, from ever reentering the United States. A governmental
decision to deprive a person of connection to the place she considers
home raises serious human rights concerns. Human rights law at
a minimum requires that the decision to deport be carefully considered,
with all relevant impacts and potential rights violations weighed
by an independent decision maker. Unfortunately, the US fails
to do this on a daily basis.
Civil rights practitioners and immigrant rights advocates
agree. “The United States’ immigration policies and practices that
aggressively seek to deport individuals, especially based on convictions
where the sentences have been long ago been served, are draconian
and unjust,” says Su Ming Yeh, a staff attorney at the Pennsylvania Institutional Law Project, an organization that represents indigent prisoners
and detainees whose rights have been violated. “Frequently, the
ones who suffer the most are the family members and children left
behind. Immigration judges should, at a minimum, be permitted discretion
to consider the best interests of the children and the overall contributions
of the immigrant.”
In
a nation that claims to uphold family values, this legalized separation
of families boggles the mind. And in a nation of immigrants - excluding
indigenous peoples and descendants of kidnapped Africans, of course
- immigrants have a history of being scapegoated, hated, discriminated
against, and otherwise singled out and targeted for ridicule, abuse,
humiliation and degradation. And very often, the law played a fundamental
role in the oppression of immigrants.
At first, in the nineteenth and early twentieth century,
some European immigrant groups were viewed as inferior to Anglo-Saxons,
and often competed with African Americans to the bottom of the socioeconomic
ladder. In those days, it was not uncommon to see signs such as
“Irish Need Not Apply” or “No Irish or Dogs Allowed” or “No Dogs,
Negroes or Mexicans” for that matter. Jewish Americans faced discrimination,
rigid quotas in college admissions, and in the case of Leo Frank, lynching. Then there were the laws, regulations
and ordinances targeting Asian immigrants, especially Chinese and
Japanese Americans. This was a manifestation of xenophobic and racist
sentiment and a White fear of the “Yellow Peril”, which culminated
in the internment of Japanese Americans on U.S. soil during World
War II.
And today, many immigrants come from the so-called
Third World, from the nations of the South, places with warm, tropical
climates, and people with brown or black skin, very often Caribbean
and Latin American people, and many Spanish-speaking people. The
current anti-immigrant fervor - complete with anti-Latino violence
and calls for building a giant fence on the U.S.-Mexico border -
must be understood within the context of changing demographics and
resistance to the browning of America. Throw in the color-coded
war on drugs, and the implications of the war on terror, and you
get the immigration mess in which we find ourselves today.
For those who are threatened with deportation, there
is hope on the horizon. New York Congressman José Serrano has introduced
the Child Citizen Protection Act (HR182),
which would allow immigration judges to consider the best interests
of U.S. citizen children in deportation cases. The law would essentially
allow children to be heard before their parents are taken away from
them. The New Sanctuary Coalition of New York City and Families for Freedom, members of Mr. Salmon’s defense committee,
support the immediate passage of HR182 by Congress.
And as for Roxroy Salmon, his fate is in the hands
of ICE Field Office Director Chris Shanahan, who can be reached
at (212) 264-2413.
BlackCommentator.com Editorial Board member David A. Love, JD is a journalist
and human rights advocate based in Philadelphia, and a contributor
to the The Progressive
Media Project, McClatchy-Tribune News Service,
In
These Times and Philadelphia
Independent Media Center. He blogs at davidalove.com,
NewsOne,
Daily Kos, and Open
Salon. Click
here to contact Mr. Love. |