Law firm and civil liberties group help make last minute plea
By Jason Cruz
Special to AsianWeek
Five Somali men are being held in a U.S. Immigration and Naturalization Service detention facility in Seattle awaiting an uncertain fate.
On Nov. 14, Judge Marsha Pechman ordered a temporary restraining order granting the men, ages 22 to 32, a momentary reprieve from being deported back to Somalia, a country torn apart by civil war since 1991.
Pramila Jayapal, executive director of the Hate Free Zone Campaign, a civil liberties group in Seattle, learned of the deportations from leaders within Seattle’s Somali community on Nov. 7. If deported to Somalia, Jayapal fears that the men will “suffer great harm or be killed” by warring factions.
The Hate Free Zone Campaign is the only nonprofit organization dedicated to addressing post-Sept. 11 hate crimes in the area. Although most of its work centers around people of South Asian and Middle Eastern descent, the group could not help but step in.
Jayapal was informed that a couple of the men were apprehended by trickery. One individual states that he was informed that he had to come into the INS office to sign employment authorizations but instead was taken into INS custody.
Upon learning of the imminent deportations, Jayapal sought help from Perkins Coie, the largest law firm in the Seattle area. Four days later, Perkins Coie agreed to take on the case pro-bono.
An emergency writ of habeas corpus was filed in U.S. District Court just before the day of deportation. Arguing the legality of the deportation proceedings, the petition states that the INS did not follow proper procedure when seeking deportation of the individuals to Somalia, according to Nick Gellert, one of the Perkins Coie attorneys representing the five men.
Under the immigration laws for deportation, the INS must receive confirmation from the governing body of the country intended to receive the U.S. deportees, accepting them into the particular country.
Jayapal and the attorneys for the men contend that this would be impossible since the U.S. State Department does not recognize Somalia as having an existing government. The U.S. Attorney’s Office, representing the INS, has requested “additional time to brief the legal issues,” states Gellert.
A decision will be rendered sometime after January 10, 2003.
In the meantime, the temporary restraining order granted by Judge Pechman bars the INS from deporting the men until she has made a final decision. Gellert hopes at least to see that these men are sent to a country willing to take them.
The INS contends that it does not matter that the U.S. State department does not recognize a government in Somalia. Garrison Courtney, INS spokesman, states, “The INS must follow international travel regulations.” Looking at the regulations for Somalia, Courtney said, travel documents are not required for entry. Based upon this policy, INS does not need to seek permission from Somalia.
In any event, the INS claims to have received confirmation from a governing body within Somalia.
In response to reports that the Somalis were “tricked” by the INS, Courtney replies that the INS makes “every attempt to seek people and applies a method that suits our [INS] resources.” Similar to an arrest warrant, the INS has the authority to go out into the community and apprehend individuals.
Courtney confirmed that INS officials needed to go into the community to apprehend two of the men.
Courtney added that each of the men are deportable based on various immigration infractions. Three of the five men have criminal convictions.
Jayapal points to the language and cultural barriers that may have played a part in this case and similar cases involving immigrants in trouble with the INS. “Much of the time they have done nothing wrong and are victims of ineffective assistance of counsel,” explains Jayapal.
In this case, Jayapal refers to Temporary Protective Status (TPS), a designation INS grants to Somalis because of the uncertain political situation in their homeland that could pose a “serious threat to their personal safety if returned.” TPS allows for registered Somali nationals to stay in the U.S. until Sept. 2003.
Prior to their apprehension by the INS, it was possible that the two men without criminal convictions could have applied for TPS. However, they were not aware of TPS and did not register in time.
Jennifer Cruz, a Seattle area immigration attorney, understands the confusion. “I receive many phone calls from people who are confused about their immigration status and what to do. Many overstay their visas without reapplying and become illegal.”
Cruz, whose immigration clients include Fijians, Laotians, Nepalese and Filipinos, states that individuals should know their rights and consult an immigration attorney who understands the complexity of the laws.
Empathizing with the plight of the men, Cruz added, “It’s very difficult to get an attorney because many can’t afford it. Unlike criminal proceedings, you don’t have access to a public defender. Although there are nonprofit immigration groups that do help poor people, most of them have exceeded their caseload capacity.”
Fortunately for the five Somali men, they have found one of the most profitable law firms in Seattle to handle their case for free.
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