Cambodian Deportations
by Lisa Wilcox
After an agreement reached by the governments of Cambodia and the US this
March, some 1500 Cambodian refugees whose families fled Pol Pot's murderous
regime are being gradually deported back to that country. Many of the
deportees were born in refugee camps in Thailand, have never been to
Cambodia or left as babies, and do not speak Khmer. They are distinguished
from Americans in only one way--their lack of citizenship.
They are young men who have been convicted of crimes deemed 'aggravated
felonies' in immigration law. The men have, for the most part, served
their time and gone on to get educations and jobs and have families.
Some had plea bargained rather than fight their case, as defense attorneys
frequently advise, not realizing that a future change in policy would
subject them to mandatory deportation. That change came as one of seven
progressive enlargements to the classification of 'aggravated felonies';
immigration law provides for mandatory detention and deportation for aliens
convicted of crimes which would not necessarily be classed as felonies in
our criminal courts--for example, shoplifting, DUI, marijuana possession,
and minor assaults.
Though it appears the seventeen deportees so far are being released after a
few weeks' detention, this is no guarantee for the rest. Prime Minister
Hun Sen stated in May that he planned to jail the deportees in Prey Sar, a
political prison in Phnom Penh where, according to a 2002 Human Rights
Watch report, torture is likely. The US State Department has affirmed
'unequivocally' that Cambodia continues to be characterized by gross and
widespread human rights violations.
These events reveal a frightening number ways in which cherished principles
of our system are being violated and undermined today. Some of these
principles are:
* A single standard in law: It is unfair to have two legal
standards--criminal law and immigration law.
* The punishment should fit the crime. A law breaker should be punished
once and only once.
* Equal rights and responsibilities: it is discriminatory to impose more
punishment on some based solely on their ethnic or national background.
* Laws should not be implemented retroactively.
* Mandatory deportation undermines the notion that everyone is entitled to
their day in court.
The most vulnerable among us are being singled out for punishment once
again. People of color and recent immigrants live disproportionately in
poverty; have least access to equal opportunity in education and
employment, and already suffer from unfair targeting by law enforcement.
The Cambodian community is in terrible pain. Families are being split up,
with little or no hope of being reunited. There is realistic fear for the
safety and even the lives of the deportees. In the Seattle Tacoma area,
Sarana International Buddhist Center is hosting support and organizing
efforts. Legislation which would enable the individual review of some cases
is likely to be reintroduced in Congress next session. The Cambodian
community welcomes your support of any kind. Contact Chanvong Kim at 206)
713-2083 or chanvongkim@yahoo.com.
--Liza Wilcox is Community Services Coordinator at Hate Free Zone
Campaign of Washington, www.hatefreezone.org
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