California governor pardons two Cambodian refugees

SEARAC

A demonstration in Sacramento preceded Gov. Gavin Newsom's pardons of two Cambodian Americans.

After weeks of lobbying by Asian American advocacy groups, California Gov. Gavin Newsom pardoned two Cambodian refugees facing deportation.

Kang Hen and Hay Hov received pardons from Newsom  Monday (May 13) preventing their immediate deportation by U.S. immigration authorities. 

“We are deeply grateful to Governor Newsom for recognizing the plight of refugees who are being targeted by the Trump administration and for acting with compassion and leadership to stop their deportations,” said Aarti Kohli, Executive Director of Advancing Justice – Asian Law Caucus.

Kang and Hay came to the United States as refugees with their families when they were children fleeing genocide under the Khmer Rouge in Cambodia. 

Growing up in impoverished and hyper-criminalized neighborhoods, they made mistakes as youth and were swept into the criminal system. Under the Trump administration, becuse of their criminal records, they were eligible for deportation. Immigration and Customs Enforcement (ICE) arrested them to deport them for decades-old crimes. 

Thousands of other Southeast Asian refugees who came to the United States as children also face deportation like Hay and Kang.

Gov. Jerry Brown, who preceded Newsom, pardoned five Cambodian refugees last year as the Trump administration ramped up its deportations of Asian immigrants, according to the governor’s office.

“The Cambodian refugee community is terrified,” said Kevin Lo, an attorney with the Asian Law Caucus.

Kang Hen fled genocide in Cambodia as a small child. Kang’s family was resettled as refugees in a violent neighborhood in San Jose. As a 12-year-old, Kang was pressured into joining a gang.

In 1994, shortly after his 18th birthday, Kang agreed to drive two friends away from a robbery they had just committed. He pleaded guilty to robbery and served time in prison. Since then, Kang has lived a law abiding life in San Francisco working at a seafood business for the past 13 years. Kang and his partner of 17 years, Ruth, have a 3-year-old child together. Recently, Ruth learned that she suffered from heart and kidney failure and may not survive. ICE arrested Kang on April 1 and planned to deport him next month.

Similarly, Hay also fled genocide in Cambodia as a small child and was resettled as a refugee in a violent neighborhood in East Oakland. As a child, Hay was beaten up, stabbed, and hit with a stray bullet. 

At the age of 19, Hay got into a verbal argument with an older man in his neighborhood. The feud between the two escalated as they exchanged verbal threats. The older man was shot in an unrelated argument and recovered. Hay was accused of escalating the feud and convicted of solicitation of murder. 

In the two decades since getting out of prison, Hay has stayed out of trouble and focused on caring for his family and working. On March 13, ICE agents arrested Hay and sought his deportation due to the conviction.

The governor's office says Newsom chose the two men because they have rehabilitated their lives since their convictions He also took into account that both their families would be harmed if Hen and Hov are deported, 

Hen is still in custody, but his lawyers hope Newsom’s pardon will mean he is spared from deportation, Lo said.

The campaign to #PardonRefugees was co-led by civil rights and community-based organizations, including Advancing Justice – Asian Law Caucus, Asian Prisoners Support Committee, Southeast Asia Resource Action Center, Empowering Marginalized Asian Communities, Center for Empowering Refugees and Immigrants, and Interfaith Movement for Human Integrity.

“California recognizes that it has made mistakes in the past leading to mass incarceration. For many immigrant youth, a criminal conviction carries consequences for the rest of their lives including deportation. We encourage Governor Newsom’s continued leadership in granting clemency to address mass incarceration and show that California will not be bullied by the Trump administration," said Anoop Prasad, Senior Staff Attorney with Advancing Justice – Asian Law Caucus."We hope to continue working with Governor Newsom on setting an example for the rest of the country,” said Prasad.

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New court ruling allows Cambodian American deportee's return home

COURTESY OF METH FAMILY

Veasna Meth, second from left, was greeted by family and friends at San Francisco International Airport.

After five years in Cambodia and nine years in a U.S. prison, Veasna Meth is finally home.

“I knew one day I would be able to get back,” he told the Sacramento Bee Thursday (Mar. 1) upon his return to San Francisco International Airport.

Home for Meth is Sacramento, Calif. where he he has lived he grew up. He was 1-year old when he and his family immigrated to the U.S. as refugees. Between 1975 and 2000, the US accepted 145,000 Cambodian refugees as part of an influx of Cambodians displaced by war.

He was deported under Obama-era policies that prioritized the deportation of immigrants who had committed violent crimes.

In 2008, at the age of 19, Meth burglarized an unoccupied house by breaking in with friends. As soon as finished his year-long sentenced ICE tried to deport him. However, a judge ruled that his offense didn't justify deportation.

ICE persisted however and in their second try, they found a judge that approved Meth's deportation in 2014.

The Trump administration began visa sanctions on Cambodia, along with three other countries, in September 2017 to force them to accept deportees.

In April of last year, the U.S. Supreme Court ruled in Sessions v. Dimaya (Fiipino American James Dimaya) that the definition of “crime of violence” – which is grounds for deportation – was unconstitutionally vague. With the decision, the California conviction of residential burglary is no longer a removable offense, and within 30 days, Meth's attorneys from the San Francisco-based Asian Law Caucus challenged Meth’s old removal order.

“Mr Meth’s return from deportation gives hope that others will also be able to reunite with their families in the United States,” said Kevin Lo, one of Meth's lawyers. He notes that Meth is the second Cambodian to return home, who coincidentally is another Sacramento resident.

“I’m excited to see my kids and to be back on American soil,” Meth told the Khmer Times. “I don’t quite know how to express it, but I just want to go outside and kiss the ground.”

The Trump administration began visa sanctions on Cambodia, along with three other countries, in September 2017 to force them to accept deportees. About 1,900 Cambodians currently live in the United States with deportation orders. ICE has ramped up roundups and raids and expects to deport about 200 Cambodian refugees a year.

“For me to get deported to a country I wasn’t born in, it’s crazy,” Meth told the Sacramento Bee. “Growing up, all I thought I was, was a citizen. ... Nobody ever taught me, ‘Hey if you commit a crime you’re going to get deported’ (until) it was too late.”

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Christmas Eve pardons include six Cambodians detained by ICE

Supporters created this flyer to keep Sear Un (shown with his wife) from being deported.

ON CHRISTMAS EVE, six Cambodian refugees slated for deportation were pardoned by California Gov. Jerry Brown.

In the waning days of his final term in office, Brown pardoned 131 individuals including six Cambodian refugees including one who was on a flight was to Texas last week to join other detained Cambodians for deportation to Cambodia.

Because of Brown's action, Sear Un was able to spend Christmas with his family. Sear immigrated to the United States from Cambodia in 1984, fleeing genocide at the age of 7. 

In 1998, Sear was convicted for a residential burglary that netted him a total of $120. In the two decades since, Sear never committed another crime and instead dedicated himself to his family and community.

The past year has been devastating for Southeast Asian refugee communities as ICE carried out the largest raids on the Cambodian and Vietnamese communities in U.S. history. 

Last week ICE was flying Sear and 35 other Cambodians to Texas, where another flight was scheduled to deport them to Cambodia. During the flight, Advancing Justice – Asian Law Caucus attorneys learned of Brown’s pardon. That pardon pulled Sear off of this deportation flight and allows him time to reopen his case in immigration court.

“I have a lot of gratitude for my family and community for standing up for me,” said Sear Un. “I hope that future California governors will continue to recognize the injustice afflicting our communities today and act to end the suffering that continues to tear our families apart.”

“We are profoundly grateful that Sear is home for the holidays and that he was released from ICE custody in time for his daughter’s 4th birthday,” said Kevin Lo, Staff Attorney at Advancing Justice – Asian Law Caucus. 

“While we applaud Governor Brown for pardoning Sear, ICE continues to raid the Cambodian community every four months. We hope Governor-Elect (Gavin) Newsom will continue using pardons to prevent these unjust deportations.”

The deportations are part of Donald Trump's immigration policy of deporting individuals with criminal records even if they had served their sentences. About 2000 Cambodian Americans, many who had never set foot in Cambodia, are on ICE's list to deport.

Brown's pardons don't automatically stop deportation proceedings, but they eliminate the state convictions on which federal authorities might base deportation decisions. That gives the men's lawyers strong legal arguments before immigration judges to try to prevent their removal from the country.

"I would say that it is absolutely certain that there are other people on board who could have reopened their removal orders," Lo added in an email to Voice of America.

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