Since the election of Donald Trump, many clients have expressed concerns regarding their immigration status. I have been creating a series of videos addressing immigration in the Trump era. This particular issue is especially important because President Trump has prioritized the deportation of so-called criminal aliens. This group includes individuals who hold green cards as well as those with no legal status. However, this discussion will focus specifically on lawful permanent residents who have committed crimes.
In Lowell, Massachusetts, this issue is particularly significant due to the large Southeast Asian refugee community. Crimigration—the intersection of criminal and immigration law—is further complicated by the existence of Memorandums of Understanding (MOUs) between the United States and various countries. These agreements determine whether a country is willing to accept the return of individuals subject to deportation.
For example, individuals of Lao and Vietnamese descent have generally been in a more favorable position. The United States does not have a Memorandum of Understanding with Laos, meaning that the country is not obligated to accept deported individuals. Similarly, the existing Memorandum of Understanding with Vietnam applies only to non-refugees, such as individuals who entered the United States on a tourist visa and are now facing removal proceedings.
Cambodia, however, does have a Memorandum of Understanding with the United States, though it grants the Cambodian government significant discretion in determining who they will accept. Many Cambodian refugees who came to the United States do not have official records in Cambodia. Most were born in refugee camps in Thailand, and even those born in Cambodia often lack documentation due to the destruction of registries during the Khmer Rouge regime and the subsequent civil war. As a result, the Cambodian government has historically been selective in accepting deportees.
During the late Obama administration, Cambodia began accepting more deportees, a trend that continued into the first Trump administration before the country began pushing back. In recent years, Cambodia has not accepted as many individuals. Vietnam, despite not having a formal Memorandum of Understanding with the United States, did accept some refugees during the first Trump administration.
Other countries present unique challenges as well. Venezuela does not have a Memorandum of Understanding with the United States, but President Maduro has reportedly agreed to accept some deportees. Mexico, Colombia, and Chile have all fluctuated in their willingness to accept returning individuals, making the deportation process unpredictable.
There are additional complexities involving third-country deportations. Reports indicate that the United States has been flying individuals to Guantanamo Bay, while countries such as El Salvador and Honduras have reportedly considered accepting deportees who are not originally from their countries. Guatemala has also been mentioned in these discussions.
For many individuals who have committed minor offenses, the situation remains uncertain. Some do not have formal deportation orders or legally final orders of removal. These individuals often find themselves in legal limbo, as their home countries may not recognize them or may refuse to accept them.
Understanding the intersection of criminal law and immigration law is crucial for lawful permanent residents who have had legal issues in the past. Given the evolving policies and international agreements, it is essential to stay informed and seek legal guidance when necessary.
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