Editorial

Grappling with broad-brush deportation

Monday, March 08, 2010

WE are told in yesterday's Sunday Observer that more than 12,000 people were deported to Jamaica over the last four years. Many, many thousands more have been deported over the last two decades.

Talk never stops about deportations and the consequential difficulties for the Jamaican society. Invariably, Jamaicans focus on the perceived worsening of their country's crime problem as a result of hardcore criminal deportees from the United States, Britain and elsewhere entering the local underworld.

The articles in yesterday's edition remind us of another side of the story -- the plight of the deportees and their families.

The truth is that not all deportees are hardcore criminals. In a real sense, many are not criminals at all. As we understand it, since the passage of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act in the United States, even unpaid fees for traffic offences can become grounds for deportation of non-US citizens, including green card holders.

Anthropologist Dr Herbert Gayle framed the situation clinically: "Not everybody is just a criminal. A lot of people commit a little crime and if they were not migrants, no one would have thought of it as anything more than a misdemeanour."

In the case of a 40 year-old deportee, a husband and father who left Jamaica at age five/six, he, if he is to be believed, had reformed himself after early infractions and had become a law-abiding, regular family man. His family in the United States, including young children, are now not only economically deprived as a result of his deportation but are suffering serious psychological problems that could have long-term, negative effects.

Experts all agree that the sudden removal of a parent from a household can have devastating consequences for the children left behind. In the case of deported Jamaicans, most are males. Many are fathers.

The experts say, and experience in everyday life teaches, that the departure of the father from the household can become a trigger for boys especially, to become attracted to street culture, including gangs. Some become prone to violence and criminality in the absence of the father.

We would expect that the authorities in North America and Britain -- from whence the bulk of Jamaican deportees originate -- have long had to cope with such anti-social behaviour as a direct result of deportation-induced broken homes and families.

There is clearly a case to be made to overseas governments that, in their own self-interest, they need to be more selective rather than broad-brush in their approach to deportations.

To the extent that a more selective approach reduces the number of people deported, Jamaica will clearly benefit. That means there is every reason for the Jamaican Government to make the case as strongly as possible, if it's not already doing so.

We empathise completely with criminologist Professor Bernard Headley that "If our government is big and bad enough to face down the powerful United States" over the proposed extradition of Mr Christopher 'Dudus' Coke, then it "ought to be bold enough to make meaningful representation" on the deportation issue.

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COMMENTS (18)

tickyticky fish
3/30/2010

Ms Lee B. "you can't tan pon cow and cuss cow" mi a larf so till mi belly a buss.

tickyticky fish
3/30/2010

rose francis, My heart goes out for you and your family put your trust in God, I will be praying for you.

Ms. Lee B.
3/11/2010

If the Jamaican society was conducive to growth and development; or if nepotism was less rife, there would be no need to"grapple" with this subject.
Each time I hear people say that the Jamaican society have a "few bad apples" I laugh at their hypocrisy. A few bad apples are not causing mayhem in every major city where our culture prevail. Rather it's the whole barrel. I always tell people that the day I become uncomfortable living here, is the day I'm going back to St. Mary. You can't tan pon cow and cuss cow.

Brooklyn Jamaican
3/11/2010

Carol Miller: I did not pass judgment. I asked a question. However one thing I must say is many parents are reckless in this regard and do not see to it that children get citizenship at earliest possible date.

John Catley
3/11/2010

The comments seem to imply that people being deported back to Jamaica are criminals, this is not always the case. People arive in the UK (and other countries) to escape from persecution - not from a war torn or terrorist filled country - but from the gang culture of wonderful Jamaica. I know of people in UK who arrived here after witnessing, or being the victim of shootings and other attacks.
In most cases when they arive they go into hiding. They know full well that if they ask for protection they will be imprissoned and placed on a fast track immigration system. This does not give them time to obtain evidence, and frequently they cannot obtain good legal representation. In something like 95% of cases they will be removed (sometimes violently) back to their persecutors.
There are Jamaican ladies at this time who are imprissoned in Yarl's Wood Detention Centre who have won the right to stay in Britain through the 'independent' courts, but the UKBA do not accept the decisions.
When will the Jamaican government, or media, send a fact finding mission to investigate the misstreatment of its citizens. They do not seem to be able to protect them in Jamaica and are shutting their eyes to the atrocities in UK.

Ms. Lee B.
3/10/2010

When you come to Rome you must learn the Roman system. Missis, if what you say is true a good attorney could make you a millionaire.
The Court system is not just for U.S. Citizens, if you're a legal immigrant - you have a right to avail yourself to the justice system!
For those of us who choose to live in this country we better learn that it's not like Jamaica where to go a Court house is a disgrace.

Carrol Miller
3/10/2010

Brooklyn Jamaican
3/10/2010
Rose Francis
I feel for you, but I would like to ask, Why after 42 years you never had citizenship?
I believe she said her documents were stolen at the age of 12, so at that age she might have not know how to go about getting things straightened out, however, we don't know if she tried to get her citizenship and was turned because of all the complications, so lets not pass judgment, in these times we have to walk a straight and narrow path, things are not like they seem to be..good luck

Brooklyn Jamaican
3/10/2010

Rose Francis
I feel for you, but I would like to ask, Why after 42 years you never had citizenship?

Brooklyn Jamaican
3/10/2010

There is a way to behave in another man's country. I know sometimes young people get in trouble because I guess young people do silly things(though the implications of this should be driven into the heads of young immigrants)
The behaviour of the main subject of this editorial cannot be placed in that category. Using another persons identity is the highest form of identity theft. It is reckless and dangerous at the very least. IT is not about pity, its simply if you do such things you will get caught. Most countries may show some leniency if you overstay a visa. However they will not put up with identity swapping and undocumented crossings as this has security implications.
When one is a non citizen in another country, he/she is a guest and whether or not you have been there one day or fifty years, it does not change a thing. They have a right to deport you.

Karen Teams
3/10/2010

Sometimes it is not even about getting deported from the US where you may have committed an offence, have paid the price by doing your time and then deported. It is the fact that that information now becomes available to everyone in the world who is willing to pay a price for that information. You can no longer travel freely even after being deported for an offence that was committed 20 or even 30 years ago. All of a sudden you are a criminal for life. At what point does rehabilitation come into the picture. The American justice system does not forgive neither does it forget and it ensures that your life is completely destroyed even after you have served your time. There are many countries in the world, including Jamaica, where if you have committed an offence and sentenced and done your time after awhile your conviction can be considered spent. England has a Rehabilitation of Offenders Act, Jamaica has the same thing and Canada has a Rehabilitation procedure. The US has no such thing. Once you have committed an offence no matter how minor they send the information to everyone in the world and then even when you have proven that you are a rehabilitated person you are still considered a criminal. I used to think that a lot of these deportees did not deserve a second chance but after working in the prison system for awhile and seeing how some people have really made a difference in their lives one wonders why the US just cannot see that. How does it help families when the main bread winner is deported for some minor offence? Now Social Services will have to care for those children and they become a burden to the welfare system. They then grow up to become criminals themselves because one or both parents is not around to offer guidance and counselling. Why not give these people a second chance to make things right. Put them in some kind of parole programme. Once they violate the terms of their parole then fine deport them, but come on deporting someone just because they did not pay the toll.

T G
3/9/2010

//John Smith
3/8/2010
@TG: what I take away from this editorial is that if the government is audacious enough to joust with the US on not only local but international law (after all, it is a mutual treaty) //
My friend do be like the Jamaica Observer and further confuse and conflate the two issues.
Find the Mutual Assistance Treaty read it a little.
Do not be like the Jamaica Observer and ignore arguments that has been published in the its own Print and Electronic Editions.
Both the Comrade Governments of the late 80s and the JLP Government of today have bawled out about deportation. Of course they were all barking up the wrong tree and relying on the wrong metrics, but the fact remains that they did.
The USA, Britain and other countries deport foreigners who commit themselves just like Jamaica do. I am pretty sure if a foreigner disrespects the pleasure of our hospitality we would want him or her gone as well.
...TG...

Ras Benji
3/9/2010

Rose Francis... Thanks for expressing your angle on this matter. There are MANY such stories, and you are right, "let us walk in the shoes of the other, before we pass judgement'. Good luck with your struggle!
One Love!

rose francis
3/9/2010

my comment to mr. antony who says he don't feel sorry for the 40yr old father who was deported.
I wonder if all jamaicans feel america is the land of milk an honey and that because we now have a black president racisium is over.
how about this story after 42 years in this country six childre and a military husband. I am face with deportation not because i commit a crime but because yes an american got hold of my documents when I was 12yrs old and have been using my name since then .1970 in florida. now this person has been in and out of jail for assult and battery on a police officers attempted murder of a gas station attendent with a sawed off shot gun. child abuse where they serve time for abusing their own child. during which time I was a high school student this person has served federal time and numerious time in state prison.
I was pulled over by a racist police officer who said whats your name as soon as i stated my name mind you I was in the viechle with 4 of my children who were all miners at the time. I was hand cuff lock up on Mothers day my children was left in the car for over 9 hours before some one could come for them. Because i did not recieve my phone call right away.
I ended up in court three days later to find out that the FBI had to be called to make sure my finger print match this other person which they clearly did not match this other person.
yet still the judge told me in court that it was up to me to prove that it was not me even though they had a picture of this person their finger print addres their criminal records of over 21 jailed term serve.
it cost me over $10.000. 00 dollars in courts and Attorney fees. finally the case was drop.
14 years later the fact that i was arested even though i was not charge i was stop coming back from Jamaica just to here them say we are keeping your green card put me on removal procedings. base on moral turpitude some thing that says it could have been you .
yes I am now in the whole for another $7000.00 dollars for an immigration lawyer to file papers to have that remove. which is a long drawn out procedure and the expense is climing.
so for you who say you don't feel sorry you should take a look at the thousands of case the USA have on deportation status on old 30 to 40 year old case's that have been dropt in the court system. court case from 1980. you don't have to be a criminal to be deported thats just their way of riding some of the blacks in america.
so stay on your high horse praise america because unless you have lived in the usa from the late 60's to early 70's you don't know america the land of hipocritical smiling faces that come to jamaica and call us native and primetive people.
I have good and bad storry's to tell and all of what i say are actual facts and.

John Smith
3/8/2010

@TG: what I take away from this editorial is that if the government is audacious enough to joust with the US on not only local but international law (after all, it is a mutual treaty) 'in the interest of a Jamaican citizen's rights', then they should also be audacious in representing challenging their deportation policy, 'in the interest of a Jamaican citizen's rights.'
Another way of looking at it is this: when di US want di criminal dem, we tell dem no wi love wi criminals! And when dem waan sen dem yah, we welcome dem with open arms. We love our criminals!

Ras Benji
3/8/2010

That whole 'deportation thrust' was a political imposition on the Department of Homeland Security, who have better things to do. Most of these deportations serve no purpose than to satisfy the right wing in the US that their government is doing something about the 'illegal alien' problem. Under the false impression that the ease of entry and the ability to remain 'in the shadows' in America provided the 'terrorists' the 'cover' to attack America, the right wing pressured the government to become more draconian in it's anti-immigrant proceedures. The then administration was only too happy to ramp up the efforts started by the Clinton administration, which, by the way, had already started to react to the same right wing pressure, because of the weakened state of his (Clinton's)government. Lewinski et al, while the republicans were blaming immigrants for taking away jobs and getting free medical care. As is usual, poor people will always be the fodder for political skirmishes.
One Love!

3/8/2010

JAMAICANS ARE TERMED JAMAICANS ,EVEN THEIR DECENDANTSS IN USA,CANADA OR UK, ETC.
THEY WERE JAMAICANS AND STILL JAMAICANS FIRST.
THEY ARE `DEPORTEES ` TO THE COUNTRIES FRO MWHENCE THEY CAME.
IN JAMAICANS, THEIR BIRTHPLACE..THEY ARE FIRST-CLASS JAMAICANS,..SOME NEVER SEND FORWARD NOTHING...THAT IS THEIR FAULT..BUT THEIR ARE THOSE, WHO USED TO FEED NUFF FAMILIES AND BRETHRENS ,BEFORE WHATEVER,SO DO NOT DISDAIN...`USA,AINT EASY.......DEM A JAMAICANS.
WHY SHOULD JAMAICANS BE AFRAID OF JAMAICA OR A COUNTRY TO OWN AND ACCEPT IT OWN AND MAKE IT POSSIBLE FOR THEM TO BE ECONOMICALLY IINDEPENDENT IN THEIR BORNLAND BY PRUSUING THOSE POLICIES,THAT WIL ENABLES, JAMAICANS TO BE ABLE TOACHIEVE SAME....
THAT IS SUPPOSED TO BE ROLE OF THE JAMAICANS GOVT. ALL TIMES.
WE AL ARE JAMAICANS FIRST....

Anthony II
3/8/2010

I read the story in The Sunday Observer about the 40 year-old deportee who was separated from his family, and my reaction was: Are we supposed to be sorry for this man? I am not. I may understand the plight of his children, but he broke the US immigration laws and was deported, and thereby separated from his family. YES, there are consequences for your actions, some of them extremely negative. This is a message that Jamaicans need to learn, and the slant of yesterday's article does not help us to learn that: WE SUFFER NEGATIVE CONSEQUENCES FOR SOME ACTIONS IN WHICH WE ENGAGE. So, I am not sorry for these people. And spare readers the "bleeding-heart" stories about lawless people who are suffering the consequences of the decisions they make!

3/8/2010

I think the Jamaica Observer (well maybe we have to separate the Sunday Observer from the Monday, Tuesday, Wednesday, Thursday, Friday and Saturday Observer), should make its mind up do you want the GOJ to get into Diplomatic scrapes over Immigration, Interdiction, Extradition and/or Deportation or just sit quiet and accept that it has no powers in such matters.
If the USA Congress and USA Law say, deport a man for a cigarette butt tossed on the streets, there is no way any amount of pleading and begging by our Government is going to keep that person in the USA..
The Extradition of a citizen of Jamaica is to totally different matters as Jamaica's Laws and Constitution must be considered in honouring such a request.
It is amazing how the Jamaican Observer consistently confuse and conflate the Dudus Extradition with whatever is the soup-of-the-day.
Shameful Editorial slant.
....TG....

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