After Parole, ICE Deported This Refugee Back to a Country He Never Knew
New Bay Area Immigration Court Opens, Aims to Tackle Deportation Backlog
'Double Punishment': Thousands of Southeast Asian Refugees Face Deportation After Decades-Old Convictions
SF Supervisors Split on Details of City's Sanctuary Policy Shielding Immigrants From Deportation
California Overturned Her Murder Conviction. ICE Still Wants to Deport Her
Mass Bay Area Tech Layoffs Thrust Thousands of H-1B Visa Holders Into Frantic Job Hunt
Immigrant Advocates Make Final Push to Pass Bill Ending Prison-to-ICE Transfers in California
ICE Grants Reprieve to Incarcerated Man in California Prison Who Feared Deportation to Cambodia
Biden Administration Orders ICE to Stop Mass Raids on Immigrants' Workplaces
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One says, \"ICE Out: K-Town contra las redadas,\" or K-Town against mass deportations; the other says \"Stop Biden's Deportations.\"","description":"Activists gather for a \"Reunite Our Families Now\" rally in Los Angeles, California on March 6, 2021, to protest continued deportations under President Joe Biden.","imgSizes":{"medium":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1231562101-800x533.jpg","width":800,"height":533,"mimeType":"image/jpeg"},"large":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1231562101-1020x680.jpg","width":1020,"height":680,"mimeType":"image/jpeg"},"thumbnail":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1231562101-160x107.jpg","width":160,"height":107,"mimeType":"image/jpeg"},"1536x1536":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1231562101-1536x1024.jpg","width":1536,"height":1024,"mimeType":"image/jpeg"},"2048x2048":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1231562101-2048x1365.jpg","width":2048,"height":1365,"mimeType":"image/jpeg"},"post-thumbnail":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1231562101-672x372.jpg","width":672,"height":372,"mimeType":"image/jpeg"},"twentyfourteen-full-width":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1231562101-1038x576.jpg","width":1038,"height":576,"mimeType":"image/jpeg"},"full-width":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1231562101-1920x1280.jpg","width":1920,"height":1280,"mimeType":"image/jpeg"},"kqedFullSize":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1231562101-scaled.jpg","width":2560,"height":1707}},"fetchFailed":false,"isLoading":false}},"audioPlayerReducer":{"postId":"stream_live"},"authorsReducer":{"byline_news_11983313":{"type":"authors","id":"byline_news_11983313","meta":{"override":true},"slug":"byline_news_11983313","name":"Mateo Schimpf","isLoading":false},"byline_news_11966564":{"type":"authors","id":"byline_news_11966564","meta":{"override":true},"slug":"byline_news_11966564","name":"\u003ca href=\"https://twitter.com/NaomiVanderlip\">Naomi Vanderlip\u003c/a>","isLoading":false},"byline_news_11892048":{"type":"authors","id":"byline_news_11892048","meta":{"override":true},"slug":"byline_news_11892048","name":"\u003ca href=\"https://www.npr.org/people/14562108/bill-chappell\">Bill Chappell\u003c/a>","isLoading":false},"rachael-myrow":{"type":"authors","id":"251","meta":{"index":"authors_1591205172","id":"251","found":true},"name":"Rachael Myrow","firstName":"Rachael","lastName":"Myrow","slug":"rachael-myrow","email":"rmyrow@kqed.org","display_author_email":false,"staff_mastheads":["news"],"title":"Senior Editor of KQED's Silicon Valley News Desk","bio":"Rachael Myrow is Senior Editor of KQED's Silicon Valley News Desk. You can hear her work on \u003ca href=\"https://www.npr.org/search?query=Rachael%20Myrow&page=1\">NPR\u003c/a>, \u003ca href=\"https://theworld.org/people/rachael-myrow\">The World\u003c/a>, WBUR's \u003ca href=\"https://www.wbur.org/search?q=Rachael%20Myrow\">\u003ci>Here & Now\u003c/i>\u003c/a> and the BBC. \u003c/i>She also guest hosts for KQED's \u003ci>\u003ca href=\"https://www.kqed.org/forum/tag/rachael-myrow\">Forum\u003c/a>\u003c/i>. Over the years, she's talked with Kamau Bell, David Byrne, Kamala Harris, Tony Kushner, Armistead Maupin, Van Dyke Parks, Arnold Schwarzenegger and Tommie Smith, among others.\r\n\r\nBefore all this, she hosted \u003cem>The California Report\u003c/em> for 7+ years, reporting on topics like \u003ca href=\"https://soundcloud.com/rmyrow/on-a-mission-to-reform-assisted-living\">assisted living facilities\u003c/a>, the \u003ca href=\"https://www.npr.org/sections/alltechconsidered/2014/12/01/367703789/amazon-unleashes-robot-army-to-send-your-holiday-packages-faster\">robot takeover\u003c/a> of Amazon, and \u003ca href=\"https://www.kqed.org/bayareabites/50822/in-search-of-the-chocolate-persimmon\" rel=\"noopener noreferrer\">chocolate persimmons\u003c/a>.\r\n\r\nAwards? Sure: Peabody, Edward R. Murrow, Regional Edward R. Murrow, RTNDA, Northern California RTNDA, SPJ Northern California Chapter, LA Press Club, Golden Mic. 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Her work for KQED’s radio and online audiences is also carried on NPR and other national outlets. She has been recognized with awards from the Radio and Television News Directors Association, the Society for Professional Journalists; the Education Writers Association; the Best of the West and the National Federation of Community Broadcasters. Before joining KQED in 2010, Tyche spent more than a dozen years as a newspaper reporter, notably at the \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">San Francisco Chronicle\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400;\">. At different times she has covered criminal justice, government and politics and urban planning. Tyche has taught in the MFA Creative Writing program at the University of San Francisco and at UC Berkeley’s Graduate School of Journalism, where she was co-director of a national immigration symposium for professional journalists. 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She previously reported on public health and city government at the San Francisco Examiner, and before that, she covered statewide education policy for EdSource. Her reporting has won multiple local, state and national awards. Sydney is a graduate of the University of California, Berkeley and lives in San Francisco.","avatar":"https://secure.gravatar.com/avatar/97855f2719b72ad6190b7c535fe642c8?s=600&d=blank&r=g","twitter":"sydneyfjohnson","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]}],"headData":{"title":"Sydney Johnson | KQED","description":"KQED Reporter","ogImgSrc":"https://secure.gravatar.com/avatar/97855f2719b72ad6190b7c535fe642c8?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/97855f2719b72ad6190b7c535fe642c8?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/sjohnson"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11983313":{"type":"posts","id":"news_11983313","meta":{"index":"posts_1591205157","site":"news","id":"11983313","score":null,"sort":[1713524452000]},"guestAuthors":[],"slug":"after-parole-ice-deported-this-refugee-back-to-a-country-he-never-knew","title":"After Parole, ICE Deported This Refugee Back to a Country He Never Knew","publishDate":1713524452,"format":"standard","headTitle":"After Parole, ICE Deported This Refugee Back to a Country He Never Knew | KQED","labelTerm":{"term":26731,"site":"news"},"content":"\u003cp>When Phoeun You landed in Phnom Penh in March 2022, he was surprised by how tall the buildings were. “I thought about Cambodia like, man, I’m gonna see cows on the road. Dirt roads and stuff like that.”\u003c/p>\n\u003cp>He was born there, but by the time he returned at almost 50 years old, he was effectively a foreigner.\u003c/p>\n\u003cp>You was an infant when his family fled the \u003ca href=\"https://www.nytimes.com/2018/11/15/world/asia/khmer-rouge-cambodia-genocide.html\">Cambodian genocide\u003c/a> in 1976. Fifteen of them — siblings, parents, grandma, nieces and nephews — ended up in a refugee camp in Thailand. It was a harrowing but familiar path for the estimated 1 million Cambodians who escaped Pol Pot’s bloody dictatorship.\u003c/p>\n\u003cp>You spent the first five years of his life in the refugee camp in Thailand. It wasn’t until later in life that he realized how traumatic those early years were. Small things, like powdered milk, now transport him back there.\u003c/p>\n\u003cp>“That smell, that feel of chalk … it took me right back to the refugee camp,” he recently remembered.\u003c/p>\n\u003cp>In the aftermath of the Vietnam War, the State Department contracted with religious agencies to help resettle the hundreds of thousands of refugees arriving in the U.S. from Southeast Asia. After receiving his green card, Phoeun landed with a Mormon family in northern Utah.\u003c/p>\n\u003cp>His first memories in the U.S. were of eating tuna fish sandwiches and macaroni and cheese. Everything, including the enormous Wasatch Mountains, felt surreal.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“I remember the first time it snowed,” he said. “It scared the hell out of me. I was like, ‘Man, this is cold. Are we gonna freeze out here?’”\u003c/p>\n\u003cp>After life stabilized in Utah, You’s parents moved the family to Long Beach, California. Thanks to a student exchange program at Cal State Long Beach, the city’s Cambodian population had grown since the 1950s. By the time the Khmer Rouge fell in 1979, Long Beach had the largest population of Cambodians outside of Cambodia. In some ways, it felt like home.\u003c/p>\n\u003cp>However, the move to California also brought unwanted reminders of the country they left behind. Long Beach was a violent place in the 1980s, particularly for Southeast Asian refugees moving into historically Black and Latino neighborhoods. You was bullied at school, and when he was 13, he joined his older brother’s gang for protection. His life spiraled out of control from there.\u003c/p>\n\u003cp>In 1995, a gang beat up You and his nephew in a school parking lot. The next day, You fired a shotgun into a crowd of teenagers in retaliation. It killed one of the young men and injured four others. A year later, he was convicted of first-degree murder and given a 35-year-to-life sentence.\u003c/p>\n\u003cp>You’s first few years of adulthood began in California’s state prison system, and it was rough. He regularly witnessed fights and stabbings at Salinas Valley State Prison.\u003c/p>\n\u003cp>“You almost have to stop yourself from being human,” he recalls. “Every time you see blood, the human side of me makes me wanna care. Like, ‘Hey man, I know this is a prison, but are you OK?’ But I can’t do that.”\u003c/p>\n\u003cp>It wasn’t until You suffered his own loss that he reflected on his crime. The news came through a letter in the mail from an older sister.\u003c/p>\n\u003cp>“[It] said, ‘Hey, look, we have some news that your sister was murdered.’”\u003c/p>\n\u003cp>His sister had been shot in a parking lot by a jealous boyfriend, according to You. He felt anger but also a strange sense of clarity.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11966564,news_11975246,news_11800255,news_11975904\"]“It dawned on me that this must be how the victim’s family felt when I took their son away from them,” he reflected.\u003c/p>\n\u003cp>After a dozen years in California maximum security prisons, You was transferred to San Quentin State Prison. He enrolled in rehabilitation programs, including the intensive Victim Offender Education Group. The early sessions helped him confront the magnitude of his crime and, for the first time, unpack the traumatic life events that led up to it.\u003c/p>\n\u003cp>Eventually, he started his own program for other Asian American and Pacific Islander inmates at San Quentin to talk about history, war, and how to enter back into society.\u003c/p>\n\u003cp>In 2021, after 25 years behind bars, You was up for parole. It was actually his second time presenting his case to the state’s board — the first time, he said, he completely froze up. This time, though, You was ready.\u003c/p>\n\u003cp>But when he first heard the news of his freedom through a Zoom meeting during the COVID-19 pandemic, You struggled to take it in.\u003c/p>\n\u003cp>“To finally hear those words just didn’t feel real,” he said.\u003c/p>\n\u003cp>He said that feeling joy didn’t feel right either. “It takes away from the crime I’ve committed.”\u003c/p>\n\u003cp>Unfortunately for You, things were about to become much more complicated.\u003c/p>\n\u003ch2>\u003cstrong>Deported to Cambodia\u003c/strong>\u003c/h2>\n\u003cp>A few days before he was set to be released, he got a visit from a federal official who informed him that U.S. Immigration and Customs Enforcement had placed a hold on him.\u003c/p>\n\u003cp>Although You became eligible for U.S. citizenship when he turned 18, his parents’ hectic home life — with 12 family members rotating in and out of a three-bedroom house — kept them from pursuing an application.\u003c/p>\n\u003cp>When You lost his green card status following the murder conviction, he was no longer a protected refugee. Rather, he was now illegally on U.S. soil.\u003c/p>\n\u003cfigure id=\"attachment_11983321\" class=\"wp-caption alignnone\" style=\"max-width: 1280px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11983321\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014.jpg\" alt=\"\" width=\"1280\" height=\"960\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014.jpg 1280w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014-160x120.jpg 160w\" sizes=\"(max-width: 1280px) 100vw, 1280px\">\u003cfigcaption class=\"wp-caption-text\">\u003cem>Phoeun \u003c/em>You takes a selfie in Phnom Penh, Cambodia. \u003ccite>(Courtesy of Pheoun You)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The ICE hold meant that federal officials could try to deport him after his release from prison. Instead of walking out of San Quentin, a free man, You was transferred to an immigration detention center in central California where he could choose to appeal his case.\u003c/p>\n\u003cp>You said that was a difficult decision. If he fought his case, it would happen from a detention cell in central California — a process that could take years.\u003c/p>\n\u003cp>“You have to weigh it out like, does it matter when the law is already set in stone? Do you prolong your sentence and your stay if you know you’re gonna lose the case anyways?”\u003c/p>\n\u003cp>So You signed his own deportation papers.\u003c/p>\n\u003cp>When he stepped off the plane in Phnom Penh a few months later, he was accompanied by three ICE agents.\u003c/p>\n\u003cp>The entire experience left him shell-shocked. You didn’t have a job or speak Khmer and had no friends or professional contacts. And he had no proof he was a citizen of any country; documentation of his birth was destroyed during the genocide.\u003c/p>\n\u003cp>Luckily, You still had relatives in Cambodia. He spent the first few weeks of his new life in Southeast Asia, reconnecting with his aunt in the Cambodian countryside.\u003c/p>\n\u003cp>He hadn’t seen her in nearly 50 years, but she offered to sponsor his Cambodian citizenship application.\u003c/p>\n\u003ch2>\u003cstrong>New life in Cambodia\u003c/strong>\u003c/h2>\n\u003cp>You’s aunt hooked him up with a third-floor studio on the outskirts of Phnom Penh. After weeks of watching the neighborhood wake up from his balcony — food carts passing by, moms walking their kids to school — he started to feel more settled.\u003c/p>\n\u003cp>But other adjustments have come more slowly. Because of the language barrier, You spends a lot of time alone in his apartment. He uses a translator app on his phone to communicate at restaurants or the grocery store, but he’s hesitant to date or make new friends.\u003c/p>\n\u003cp>“I’m a social person,” he said. “I want to mingle. I want to connect on a deeper level, and I don’t have the words to do that. And it feels really awkward because I can’t express (myself) fully.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Phoeun You\"]‘You have to weigh it out like, does it matter when the law is already set in stone? Do you prolong your sentence and your stay if you know you’re gonna lose the case anyways?’[/pullquote]Everywhere he looks, You is reminded that he’s far away from home. Billboards are in different languages. There are no sidewalks or street lamps, and the food stalls still amaze him.\u003c/p>\n\u003cp>People stare at him — which makes him uncomfortable.\u003c/p>\n\u003cp>“They look at me, and it’s like, OK: the tattoos, the shaved head … They’ll notice my accent is a little off. They get the hint like, ‘This guy’s not completely one of us.’”\u003c/p>\n\u003cp>Very quickly, You had to start looking for a job in a country where he didn’t speak the language.\u003c/p>\n\u003cp>But his last job was more than two decades ago, working at a casino in Las Vegas. With some experience teaching English as a second language to adults at San Quentin, You thought he might land a similar gig in Phnom Penh.\u003c/p>\n\u003cp>“I was applying for a good four months,” he said — pursuing around 20 different positions — but he kept getting turned down. “I was like, ‘Man, what is going on?’”\u003c/p>\n\u003cp>You wasn’t sure, but he had a sinking feeling that his criminal record in the U.S. followed him to Cambodia. He said most hiring managers didn’t know about his conviction right away, but when interviewers asked him what a working-aged man from the U.S. was doing in Phnom Penh, You felt like they were piecing things together.\u003c/p>\n\u003cp>You spent months worrying he’d never get back on his feet. But finally, he broke through. In October 2023, he landed a job teaching English at an international school in Phnom Penh.\u003c/p>\n\u003cp>He said the work is exhausting: He teaches five grade levels and isn’t paid much. But he said it’s helping him find purpose again.\u003c/p>\n\u003cp>Recently, he assigned his ninth-grade students to interview their parents. He said it’s sometimes difficult for Cambodians to communicate on a deeper level with their parents, so his goal is for them to get to know themselves better by learning about their family’s history.\u003c/p>\n\u003cp>“I think of my own past, growing up,” he said. “I didn’t know my parents enough.”\u003c/p>\n\u003cp>You laments the lack of love and connection he felt at home as a kid. Part of him feels like life might have been different otherwise.\u003c/p>\n\u003cp>He can’t change the past, but he said that teaching helps him reflect on his childhood and look forward to a future with a family of his own.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Phoeun You knows what it’s like to be a refugee in the United States, serve prison time for a violent crime, and be deported to a country he never knew. ","status":"publish","parent":0,"modified":1713562501,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":53,"wordCount":1850},"headData":{"title":"After Parole, ICE Deported This Refugee Back to a Country He Never Knew | KQED","description":"Phoeun You knows what it’s like to be a refugee in the United States, serve prison time for a violent crime, and be deported to a country he never knew. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"After Parole, ICE Deported This Refugee Back to a Country He Never Knew","datePublished":"2024-04-19T11:00:52.000Z","dateModified":"2024-04-19T21:35:01.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"audioUrl":"https://www.podtrac.com/pts/redirect.mp3/chrt.fm/track/G6C7C3/traffic.megaphone.fm/KQINC2374918807.mp3?updated=1713372438","sticky":false,"nprByline":"Mateo Schimpf","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11983313/after-parole-ice-deported-this-refugee-back-to-a-country-he-never-knew","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>When Phoeun You landed in Phnom Penh in March 2022, he was surprised by how tall the buildings were. “I thought about Cambodia like, man, I’m gonna see cows on the road. Dirt roads and stuff like that.”\u003c/p>\n\u003cp>He was born there, but by the time he returned at almost 50 years old, he was effectively a foreigner.\u003c/p>\n\u003cp>You was an infant when his family fled the \u003ca href=\"https://www.nytimes.com/2018/11/15/world/asia/khmer-rouge-cambodia-genocide.html\">Cambodian genocide\u003c/a> in 1976. Fifteen of them — siblings, parents, grandma, nieces and nephews — ended up in a refugee camp in Thailand. It was a harrowing but familiar path for the estimated 1 million Cambodians who escaped Pol Pot’s bloody dictatorship.\u003c/p>\n\u003cp>You spent the first five years of his life in the refugee camp in Thailand. It wasn’t until later in life that he realized how traumatic those early years were. Small things, like powdered milk, now transport him back there.\u003c/p>\n\u003cp>“That smell, that feel of chalk … it took me right back to the refugee camp,” he recently remembered.\u003c/p>\n\u003cp>In the aftermath of the Vietnam War, the State Department contracted with religious agencies to help resettle the hundreds of thousands of refugees arriving in the U.S. from Southeast Asia. After receiving his green card, Phoeun landed with a Mormon family in northern Utah.\u003c/p>\n\u003cp>His first memories in the U.S. were of eating tuna fish sandwiches and macaroni and cheese. Everything, including the enormous Wasatch Mountains, felt surreal.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I remember the first time it snowed,” he said. “It scared the hell out of me. I was like, ‘Man, this is cold. Are we gonna freeze out here?’”\u003c/p>\n\u003cp>After life stabilized in Utah, You’s parents moved the family to Long Beach, California. Thanks to a student exchange program at Cal State Long Beach, the city’s Cambodian population had grown since the 1950s. By the time the Khmer Rouge fell in 1979, Long Beach had the largest population of Cambodians outside of Cambodia. In some ways, it felt like home.\u003c/p>\n\u003cp>However, the move to California also brought unwanted reminders of the country they left behind. Long Beach was a violent place in the 1980s, particularly for Southeast Asian refugees moving into historically Black and Latino neighborhoods. You was bullied at school, and when he was 13, he joined his older brother’s gang for protection. His life spiraled out of control from there.\u003c/p>\n\u003cp>In 1995, a gang beat up You and his nephew in a school parking lot. The next day, You fired a shotgun into a crowd of teenagers in retaliation. It killed one of the young men and injured four others. A year later, he was convicted of first-degree murder and given a 35-year-to-life sentence.\u003c/p>\n\u003cp>You’s first few years of adulthood began in California’s state prison system, and it was rough. He regularly witnessed fights and stabbings at Salinas Valley State Prison.\u003c/p>\n\u003cp>“You almost have to stop yourself from being human,” he recalls. “Every time you see blood, the human side of me makes me wanna care. Like, ‘Hey man, I know this is a prison, but are you OK?’ But I can’t do that.”\u003c/p>\n\u003cp>It wasn’t until You suffered his own loss that he reflected on his crime. The news came through a letter in the mail from an older sister.\u003c/p>\n\u003cp>“[It] said, ‘Hey, look, we have some news that your sister was murdered.’”\u003c/p>\n\u003cp>His sister had been shot in a parking lot by a jealous boyfriend, according to You. He felt anger but also a strange sense of clarity.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11966564,news_11975246,news_11800255,news_11975904"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“It dawned on me that this must be how the victim’s family felt when I took their son away from them,” he reflected.\u003c/p>\n\u003cp>After a dozen years in California maximum security prisons, You was transferred to San Quentin State Prison. He enrolled in rehabilitation programs, including the intensive Victim Offender Education Group. The early sessions helped him confront the magnitude of his crime and, for the first time, unpack the traumatic life events that led up to it.\u003c/p>\n\u003cp>Eventually, he started his own program for other Asian American and Pacific Islander inmates at San Quentin to talk about history, war, and how to enter back into society.\u003c/p>\n\u003cp>In 2021, after 25 years behind bars, You was up for parole. It was actually his second time presenting his case to the state’s board — the first time, he said, he completely froze up. This time, though, You was ready.\u003c/p>\n\u003cp>But when he first heard the news of his freedom through a Zoom meeting during the COVID-19 pandemic, You struggled to take it in.\u003c/p>\n\u003cp>“To finally hear those words just didn’t feel real,” he said.\u003c/p>\n\u003cp>He said that feeling joy didn’t feel right either. “It takes away from the crime I’ve committed.”\u003c/p>\n\u003cp>Unfortunately for You, things were about to become much more complicated.\u003c/p>\n\u003ch2>\u003cstrong>Deported to Cambodia\u003c/strong>\u003c/h2>\n\u003cp>A few days before he was set to be released, he got a visit from a federal official who informed him that U.S. Immigration and Customs Enforcement had placed a hold on him.\u003c/p>\n\u003cp>Although You became eligible for U.S. citizenship when he turned 18, his parents’ hectic home life — with 12 family members rotating in and out of a three-bedroom house — kept them from pursuing an application.\u003c/p>\n\u003cp>When You lost his green card status following the murder conviction, he was no longer a protected refugee. Rather, he was now illegally on U.S. soil.\u003c/p>\n\u003cfigure id=\"attachment_11983321\" class=\"wp-caption alignnone\" style=\"max-width: 1280px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11983321\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014.jpg\" alt=\"\" width=\"1280\" height=\"960\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014.jpg 1280w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014-160x120.jpg 160w\" sizes=\"(max-width: 1280px) 100vw, 1280px\">\u003cfigcaption class=\"wp-caption-text\">\u003cem>Phoeun \u003c/em>You takes a selfie in Phnom Penh, Cambodia. \u003ccite>(Courtesy of Pheoun You)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The ICE hold meant that federal officials could try to deport him after his release from prison. Instead of walking out of San Quentin, a free man, You was transferred to an immigration detention center in central California where he could choose to appeal his case.\u003c/p>\n\u003cp>You said that was a difficult decision. If he fought his case, it would happen from a detention cell in central California — a process that could take years.\u003c/p>\n\u003cp>“You have to weigh it out like, does it matter when the law is already set in stone? Do you prolong your sentence and your stay if you know you’re gonna lose the case anyways?”\u003c/p>\n\u003cp>So You signed his own deportation papers.\u003c/p>\n\u003cp>When he stepped off the plane in Phnom Penh a few months later, he was accompanied by three ICE agents.\u003c/p>\n\u003cp>The entire experience left him shell-shocked. You didn’t have a job or speak Khmer and had no friends or professional contacts. And he had no proof he was a citizen of any country; documentation of his birth was destroyed during the genocide.\u003c/p>\n\u003cp>Luckily, You still had relatives in Cambodia. He spent the first few weeks of his new life in Southeast Asia, reconnecting with his aunt in the Cambodian countryside.\u003c/p>\n\u003cp>He hadn’t seen her in nearly 50 years, but she offered to sponsor his Cambodian citizenship application.\u003c/p>\n\u003ch2>\u003cstrong>New life in Cambodia\u003c/strong>\u003c/h2>\n\u003cp>You’s aunt hooked him up with a third-floor studio on the outskirts of Phnom Penh. After weeks of watching the neighborhood wake up from his balcony — food carts passing by, moms walking their kids to school — he started to feel more settled.\u003c/p>\n\u003cp>But other adjustments have come more slowly. Because of the language barrier, You spends a lot of time alone in his apartment. He uses a translator app on his phone to communicate at restaurants or the grocery store, but he’s hesitant to date or make new friends.\u003c/p>\n\u003cp>“I’m a social person,” he said. “I want to mingle. I want to connect on a deeper level, and I don’t have the words to do that. And it feels really awkward because I can’t express (myself) fully.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘You have to weigh it out like, does it matter when the law is already set in stone? Do you prolong your sentence and your stay if you know you’re gonna lose the case anyways?’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Phoeun You","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Everywhere he looks, You is reminded that he’s far away from home. Billboards are in different languages. There are no sidewalks or street lamps, and the food stalls still amaze him.\u003c/p>\n\u003cp>People stare at him — which makes him uncomfortable.\u003c/p>\n\u003cp>“They look at me, and it’s like, OK: the tattoos, the shaved head … They’ll notice my accent is a little off. They get the hint like, ‘This guy’s not completely one of us.’”\u003c/p>\n\u003cp>Very quickly, You had to start looking for a job in a country where he didn’t speak the language.\u003c/p>\n\u003cp>But his last job was more than two decades ago, working at a casino in Las Vegas. With some experience teaching English as a second language to adults at San Quentin, You thought he might land a similar gig in Phnom Penh.\u003c/p>\n\u003cp>“I was applying for a good four months,” he said — pursuing around 20 different positions — but he kept getting turned down. “I was like, ‘Man, what is going on?’”\u003c/p>\n\u003cp>You wasn’t sure, but he had a sinking feeling that his criminal record in the U.S. followed him to Cambodia. He said most hiring managers didn’t know about his conviction right away, but when interviewers asked him what a working-aged man from the U.S. was doing in Phnom Penh, You felt like they were piecing things together.\u003c/p>\n\u003cp>You spent months worrying he’d never get back on his feet. But finally, he broke through. In October 2023, he landed a job teaching English at an international school in Phnom Penh.\u003c/p>\n\u003cp>He said the work is exhausting: He teaches five grade levels and isn’t paid much. But he said it’s helping him find purpose again.\u003c/p>\n\u003cp>Recently, he assigned his ninth-grade students to interview their parents. He said it’s sometimes difficult for Cambodians to communicate on a deeper level with their parents, so his goal is for them to get to know themselves better by learning about their family’s history.\u003c/p>\n\u003cp>“I think of my own past, growing up,” he said. “I didn’t know my parents enough.”\u003c/p>\n\u003cp>You laments the lack of love and connection he felt at home as a kid. Part of him feels like life might have been different otherwise.\u003c/p>\n\u003cp>He can’t change the past, but he said that teaching helps him reflect on his childhood and look forward to a future with a family of his own.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11983313/after-parole-ice-deported-this-refugee-back-to-a-country-he-never-knew","authors":["byline_news_11983313"],"programs":["news_72","news_26731"],"categories":["news_1169","news_6188","news_8"],"tags":["news_17725","news_18123","news_27626","news_21027","news_20202","news_20463"],"featImg":"news_11983320","label":"news_26731"},"news_11975904":{"type":"posts","id":"news_11975904","meta":{"index":"posts_1591205157","site":"news","id":"11975904","score":null,"sort":[1707948031000]},"guestAuthors":[],"slug":"new-bay-area-immigration-court-opens-aims-to-tackle-deportation-backlog","title":"New Bay Area Immigration Court Opens, Aims to Tackle Deportation Backlog","publishDate":1707948031,"format":"standard","headTitle":"New Bay Area Immigration Court Opens, Aims to Tackle Deportation Backlog | KQED","labelTerm":{"site":"news"},"content":"\u003cp>The nation’s newest immigration court opened for business this week in the East Bay city of Concord after federal authorities decided the San Francisco Bay Area needed more resources to cope with a growing backlog.\u003c/p>\n\u003cp>The move adds 21 new courtrooms to help ease the burden at \u003ca href=\"https://trac.syr.edu/phptools/immigration/backlog/\">one of the nation’s busiest immigration courts\u003c/a> across the bay in San Francisco. When it’s fully up and running, the new Concord facility will nearly double the capacity in the Bay Area to hear deportation cases, including asylum claims.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Ali Saidi, deputy public defender, Contra Costa County\"]‘The difference between having an immigration attorney versus not having an immigration attorney has profound impacts on your ability to present your claim fully.’[/pullquote]Until now, the 27 judges in San Francisco’s court, with help from a smaller court in Sacramento, have handled all immigration cases from Bakersfield, California, to the Oregon border. With 160,000 pending cases, each case takes more than three and a half years to complete, on average.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.justice.gov/eoir/concord-immigration-court\">new Concord court\u003c/a> is also part of a nationwide effort by the Biden Administration to cope with an unprecedented backlog of more than 3.3 million cases across the country, including a record number of asylum seekers who’ve recently arrived at the U.S.-Mexico border. While observers say new courtrooms and judges should help move cases faster, some worry they could also trigger new problems.\u003c/p>\n\u003ch2>Nationwide Court Expansion Needs More Funding\u003c/h2>\n\u003cp>Since President Joe Biden was elected, the Executive Office of Immigration Review, which is part of the U.S. Department of Justice, has added \u003ca href=\"https://www.justice.gov/d9/pages/attachments/2020/02/12/25a_number_of_courtrooms.pdf\">six new immigration courts\u003c/a> and \u003ca href=\"https://www.justice.gov/d9/pages/attachments/2020/01/31/25_immigration_judge_hiring_1.pdf\">more than 300 judges\u003c/a> across the country, building on an \u003ca href=\"https://www.kqed.org/news/11883227/backlogged-immigration-courts-could-get-help-from-biden-plan-but-some-want-a-total-overhaul\">expansion that began as immigration enforcement ballooned under the Trump Administration\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The Concord court will start with 11 judges and will continue hiring to reach a full bench of 21, according to officials with the EOIR, as the immigration court system is called.\u003c/p>\n\u003cp>Mimi Tsankov, president of the National Association of Immigration Judges, said the expansion is welcome and the new Concord court should help deal with “the overabundance of cases that has been inundating San Francisco.”\u003c/p>\n\u003cp>But she cautioned that just hiring judges would not solve the case backlog by itself. Judges have struggled without well-functioning computer systems, a sufficient number of language interpreters and full teams of law clerks and administrative aides, she said.\u003c/p>\n\u003cfigure id=\"attachment_11975915\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11975915\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-scaled.jpg\" alt=\"A woman holds up a white sign in Spanish.\" width=\"2560\" height=\"1707\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-scaled.jpg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-2048x1365.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Rosa Menjivar, from the Latina Center, holds a sign outside the new Concord Immigration Court in Concord during a press conference on Feb. 12, 2024. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We need court staff to be there, to support the judges and those very fast-moving, time-intensive dockets,” Tsankov said, speaking in her role with the NAIJ, the judge’s union. “Our staff is working nonstop until late hours of the night.”\u003c/p>\n\u003cp>The Concord facility is “currently staffed to meet all support needs,” according to EOIR spokesperson Kathryn Mattingly.\u003c/p>\n\u003cp>Tsankov noted that the nation’s 734 immigration judges are working faster than ever. Even though caseloads have grown, judges are closing nearly a third more cases on average than at the end of the Obama years, \u003ca href=\"https://trac.syr.edu/reports/734/\">according to a data analysis\u003c/a> by the Transactional Records Access Clearinghouse at Syracuse University. But the judges’ speed is outmatched by the raw numbers of new migrants applying for asylum.\u003c/p>\n\u003cp>“We’re still not able to outrun the volume of work that comes our way,” Tsankov said.\u003c/p>\n\u003cp>The Justice Department has asked for \u003ca href=\"https://www.justice.gov/d9/2023-03/eoir_fy_24_budsum_ii_omb_cleared_03.08.23.pdf\">a major increase in funding to hire 150 more judges\u003c/a> and court staff this year, but Congress has been unable to pass the federal budget. Biden officials also requested court funding in a bipartisan immigration deal tied to Ukraine aid, but Republicans killed that plan last week.\u003c/p>\n\u003ch2>Immigrants Not Receiving Hearing Notices\u003c/h2>\n\u003cp>In Contra Costa County, where the new court is located, immigration lawyers are scrambling to prepare for a swelling demand for legal services. Calls are already surging on a hotline run by \u003ca href=\"https://standtogethercontracosta.org/\">Stand Together Contra Costa\u003c/a>, a partnership between the county and community groups.\u003c/p>\n\u003cp>Deputy Public Defender Ali Saidi directs the partnership with a small team of lawyers who provide deportation defense. Meeting with coworkers around a conference table last week, Saidi heard repeatedly that immigrant clients, as well as hotline callers, said they had not been notified by EOIR that their cases were being transferred to the Concord court — and that they had new hearing dates.\u003c/p>\n\u003cfigure id=\"attachment_11975918\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11975918\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-scaled.jpg\" alt=\"A man wearing glasses and a business suit holds a microphone outside with people holding signs in the background.\" width=\"2560\" height=\"1707\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-scaled.jpg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-2048x1365.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Contra Costa County Removal Defense Attorney Heliodoro Moreno speaks during a press conference outside the new Concord Immigration Court on Feb. 12, 2024. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Public defender Heliodoro Moreno said he could see in the court’s electronic portal for lawyers that hearing dates for some of his clients have been moved much sooner and delayed for others. He was troubled that his clients had not received a letter notifying them of the change.\u003c/p>\n\u003cp>[aside postID=\"news_11910789,news_11903829,news_11900546,news_11975246\" label=\"Related Stories\"]“There’s a case that’s only going to have a one-month lead time. And still, there’s no notice to prepare for a hearing, which is quite frustrating for clients like mine that all have attorneys,” he said. “But what worries me is for all those that don’t have an attorney, which are the majority of people. How are those notices happening? It’s worrisome.”\u003c/p>\n\u003cp>In immigration court, if defendants don’t show up, they are typically ordered deported \u003ci>in absentia\u003c/i>.\u003c/p>\n\u003cp>Court officials said late last week that they were in the process of notifying everyone whose case has been reassigned to the Concord Immigration Court.\u003c/p>\n\u003cp>“New hearing notices for all cases that have been transferred have been or will be sent to the respondent at the address on file or to the attorney of record,” EOIR’s Mattingly said in an email.\u003c/p>\n\u003ch2>A Scramble to Find Immigration Lawyers\u003c/h2>\n\u003cp>Unlike in criminal court, the government does not provide lawyers for people who can’t afford their own. And presently, \u003ca href=\"https://trac.syr.edu/reports/736/#f4\">less than a third of immigrants facing deportation have lawyers\u003c/a>, down from two-thirds just a few years ago — largely because of the increase in new asylum cases from the border.\u003c/p>\n\u003cp>Saidi’s team includes two public defenders and two immigration attorneys at a local nonprofit, plus funding to hire two more. But Saidi said more than 13,000 Contra Costa residents have pending deportation cases, including a growing number of newly arrived families seeking asylum.\u003c/p>\n\u003cp>“There’s over a thousand in the last 90 days that have been newly placed into deportation proceedings,” he said. “So, obviously, six lawyers is not enough to handle all of that.”\u003c/p>\n\u003cp>In addition to local residents, immigrants in deportation proceedings will be coming from all over Northern and Central California as their cases are transferred to the Concord court. And without lawyers, they face steep odds.\u003c/p>\n\u003cp>“The difference between having an immigration attorney versus not having an immigration attorney has profound impacts on your ability to present your claim fully,” he said.\u003c/p>\n\u003cp>Under U.S. and international law, asylum is available to people who face persecution in their home country based on their race, religion, nationality, political opinion or membership in a particular social group. Those who pass an initial border screening are placed in deportation proceedings to make their case to an immigration judge.\u003c/p>\n\u003cp>The majority of asylum seekers lose their cases, but having a lawyer is key: 49% of people with attorneys won, while just 18% of unrepresented asylum seekers did so, \u003ca href=\"https://trac.syr.edu/reports/703/\">according to the latest available data\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11975030\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11975030\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED.jpg\" alt=\"A view looking up at a building.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The site of a new immigration court at 1855 Concord Gateway in Concord on Feb. 6, 2024. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Saidi and his team are hoping to follow the lead of San Francisco, where a robust collaboration of 16 nonprofits aims to provide a lawyer for any San Francisco resident going to immigration court.\u003c/p>\n\u003cp>Milli Atkinson helps lead that network as director of the Immigrant Legal Defense Program at the San Francisco Bar Association. She worries that immigrants will find few legal resources in Concord to assist them with their claims.\u003c/p>\n\u003cp>“There are very few nonprofits serving the immigrant community in Concord and Contra Costa County,” she said. “In the next year or two, a lot of people will be struggling to find help.”\u003c/p>\n\u003cp>Atkinson said she’s reaching out to East Bay legal aid groups to offer what she can. And Saidi is teaming up with the organizations in his area. They held a press conference on Monday to get the word out to the immigrant community about what to expect at the new court.\u003c/p>\n\u003cp>“There’s a lot of confusion and fear, especially in the current climate,” Saidi said. “So we want folks to know that this isn’t a detention center,… understand if their cases are going to be transferred to this new deportation court, and hopefully connect as many people as we can with actual attorneys.”\u003c/p>\n\u003cp>Stand Together Contra Costa is planning a free legal clinic on March 17. The nonprofit groups seek a nearby storefront or office where immigrants can find information and services. Saidi also asks immigration lawyers to volunteer for an “attorney of the day” program, modeled on San Francisco’s, where attorneys take shifts at court to provide short consultations for unrepresented immigrants.\u003c/p>\n\u003ch2>A Functioning Immigration Court Helps Border Control\u003c/h2>\n\u003cp>Research shows that when immigrants facing deportation have attorneys, \u003ca href=\"https://www.migrationpolicy.org/sites/default/files/publications/mpi-courts-report-2023_final.pdf\">not only is the outcome more fair but proceedings are more efficient\u003c/a>, as lawyers can guide clients unfamiliar with U.S. immigration law and court procedure.\u003c/p>\n\u003cp>Saidi worries that with confusion over the last-minute change in venue, a lack of lawyers in his area and a swifter pace in court, it will be tough for immigrants to find representation fast enough, and their chances of winning protection in the U.S. could suffer.\u003c/p>\n\u003cp>“Folks that are unrepresented being kind of pipelined into a rushed deportation process without access to attorneys?” he said. “That, to me, is a serious due process problem.”\u003c/p>\n\u003cp>But timely hearings can also be important to due process for individuals — and necessary for the whole U.S. immigration system to work, said Doris Meissner, a senior fellow at the Migration Policy Institute in Washington, D.C.\u003c/p>\n\u003cp>She is pressing for reforms that would lead to asylum claims being decided in a matter of months rather than years. And she said expanding the number of immigration judges and courtrooms is part of that.\u003c/p>\n\u003cp>“A functioning, functional immigration judge system is essential today in order for there to be effective border control… that also allows for fairness and timeliness for the people that are seeking protection,” she said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Meissner said the opening of the new Concord court is a positive step, but Congress needs to invest a lot more money in the immigration courts for the government to be able to manage the border.\u003c/p>\n\n","blocks":[],"excerpt":"The federal immigration court opening in Contra Costa County will nearly double the capacity of San Francisco’s overburdened court. But advocates fear it could rush asylum seekers and other immigrants through deportation proceedings without lawyers.","status":"publish","parent":0,"modified":1708037749,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":42,"wordCount":1884},"headData":{"title":"New Bay Area Immigration Court Opens, Aims to Tackle Deportation Backlog | KQED","description":"The federal immigration court opening in Contra Costa County will nearly double the capacity of San Francisco’s overburdened court. But advocates fear it could rush asylum seekers and other immigrants through deportation proceedings without lawyers.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"New Bay Area Immigration Court Opens, Aims to Tackle Deportation Backlog","datePublished":"2024-02-14T22:00:31.000Z","dateModified":"2024-02-15T22:55:49.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/eac0db6f-0a82-4a0c-9ce7-b1140102994d/audio.mp3","sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11975904/new-bay-area-immigration-court-opens-aims-to-tackle-deportation-backlog","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The nation’s newest immigration court opened for business this week in the East Bay city of Concord after federal authorities decided the San Francisco Bay Area needed more resources to cope with a growing backlog.\u003c/p>\n\u003cp>The move adds 21 new courtrooms to help ease the burden at \u003ca href=\"https://trac.syr.edu/phptools/immigration/backlog/\">one of the nation’s busiest immigration courts\u003c/a> across the bay in San Francisco. When it’s fully up and running, the new Concord facility will nearly double the capacity in the Bay Area to hear deportation cases, including asylum claims.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘The difference between having an immigration attorney versus not having an immigration attorney has profound impacts on your ability to present your claim fully.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Ali Saidi, deputy public defender, Contra Costa County","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Until now, the 27 judges in San Francisco’s court, with help from a smaller court in Sacramento, have handled all immigration cases from Bakersfield, California, to the Oregon border. With 160,000 pending cases, each case takes more than three and a half years to complete, on average.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.justice.gov/eoir/concord-immigration-court\">new Concord court\u003c/a> is also part of a nationwide effort by the Biden Administration to cope with an unprecedented backlog of more than 3.3 million cases across the country, including a record number of asylum seekers who’ve recently arrived at the U.S.-Mexico border. While observers say new courtrooms and judges should help move cases faster, some worry they could also trigger new problems.\u003c/p>\n\u003ch2>Nationwide Court Expansion Needs More Funding\u003c/h2>\n\u003cp>Since President Joe Biden was elected, the Executive Office of Immigration Review, which is part of the U.S. Department of Justice, has added \u003ca href=\"https://www.justice.gov/d9/pages/attachments/2020/02/12/25a_number_of_courtrooms.pdf\">six new immigration courts\u003c/a> and \u003ca href=\"https://www.justice.gov/d9/pages/attachments/2020/01/31/25_immigration_judge_hiring_1.pdf\">more than 300 judges\u003c/a> across the country, building on an \u003ca href=\"https://www.kqed.org/news/11883227/backlogged-immigration-courts-could-get-help-from-biden-plan-but-some-want-a-total-overhaul\">expansion that began as immigration enforcement ballooned under the Trump Administration\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Concord court will start with 11 judges and will continue hiring to reach a full bench of 21, according to officials with the EOIR, as the immigration court system is called.\u003c/p>\n\u003cp>Mimi Tsankov, president of the National Association of Immigration Judges, said the expansion is welcome and the new Concord court should help deal with “the overabundance of cases that has been inundating San Francisco.”\u003c/p>\n\u003cp>But she cautioned that just hiring judges would not solve the case backlog by itself. Judges have struggled without well-functioning computer systems, a sufficient number of language interpreters and full teams of law clerks and administrative aides, she said.\u003c/p>\n\u003cfigure id=\"attachment_11975915\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11975915\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-scaled.jpg\" alt=\"A woman holds up a white sign in Spanish.\" width=\"2560\" height=\"1707\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-scaled.jpg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-2048x1365.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Rosa Menjivar, from the Latina Center, holds a sign outside the new Concord Immigration Court in Concord during a press conference on Feb. 12, 2024. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We need court staff to be there, to support the judges and those very fast-moving, time-intensive dockets,” Tsankov said, speaking in her role with the NAIJ, the judge’s union. “Our staff is working nonstop until late hours of the night.”\u003c/p>\n\u003cp>The Concord facility is “currently staffed to meet all support needs,” according to EOIR spokesperson Kathryn Mattingly.\u003c/p>\n\u003cp>Tsankov noted that the nation’s 734 immigration judges are working faster than ever. Even though caseloads have grown, judges are closing nearly a third more cases on average than at the end of the Obama years, \u003ca href=\"https://trac.syr.edu/reports/734/\">according to a data analysis\u003c/a> by the Transactional Records Access Clearinghouse at Syracuse University. But the judges’ speed is outmatched by the raw numbers of new migrants applying for asylum.\u003c/p>\n\u003cp>“We’re still not able to outrun the volume of work that comes our way,” Tsankov said.\u003c/p>\n\u003cp>The Justice Department has asked for \u003ca href=\"https://www.justice.gov/d9/2023-03/eoir_fy_24_budsum_ii_omb_cleared_03.08.23.pdf\">a major increase in funding to hire 150 more judges\u003c/a> and court staff this year, but Congress has been unable to pass the federal budget. Biden officials also requested court funding in a bipartisan immigration deal tied to Ukraine aid, but Republicans killed that plan last week.\u003c/p>\n\u003ch2>Immigrants Not Receiving Hearing Notices\u003c/h2>\n\u003cp>In Contra Costa County, where the new court is located, immigration lawyers are scrambling to prepare for a swelling demand for legal services. Calls are already surging on a hotline run by \u003ca href=\"https://standtogethercontracosta.org/\">Stand Together Contra Costa\u003c/a>, a partnership between the county and community groups.\u003c/p>\n\u003cp>Deputy Public Defender Ali Saidi directs the partnership with a small team of lawyers who provide deportation defense. Meeting with coworkers around a conference table last week, Saidi heard repeatedly that immigrant clients, as well as hotline callers, said they had not been notified by EOIR that their cases were being transferred to the Concord court — and that they had new hearing dates.\u003c/p>\n\u003cfigure id=\"attachment_11975918\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11975918\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-scaled.jpg\" alt=\"A man wearing glasses and a business suit holds a microphone outside with people holding signs in the background.\" width=\"2560\" height=\"1707\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-scaled.jpg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-2048x1365.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Contra Costa County Removal Defense Attorney Heliodoro Moreno speaks during a press conference outside the new Concord Immigration Court on Feb. 12, 2024. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Public defender Heliodoro Moreno said he could see in the court’s electronic portal for lawyers that hearing dates for some of his clients have been moved much sooner and delayed for others. He was troubled that his clients had not received a letter notifying them of the change.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11910789,news_11903829,news_11900546,news_11975246","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“There’s a case that’s only going to have a one-month lead time. And still, there’s no notice to prepare for a hearing, which is quite frustrating for clients like mine that all have attorneys,” he said. “But what worries me is for all those that don’t have an attorney, which are the majority of people. How are those notices happening? It’s worrisome.”\u003c/p>\n\u003cp>In immigration court, if defendants don’t show up, they are typically ordered deported \u003ci>in absentia\u003c/i>.\u003c/p>\n\u003cp>Court officials said late last week that they were in the process of notifying everyone whose case has been reassigned to the Concord Immigration Court.\u003c/p>\n\u003cp>“New hearing notices for all cases that have been transferred have been or will be sent to the respondent at the address on file or to the attorney of record,” EOIR’s Mattingly said in an email.\u003c/p>\n\u003ch2>A Scramble to Find Immigration Lawyers\u003c/h2>\n\u003cp>Unlike in criminal court, the government does not provide lawyers for people who can’t afford their own. And presently, \u003ca href=\"https://trac.syr.edu/reports/736/#f4\">less than a third of immigrants facing deportation have lawyers\u003c/a>, down from two-thirds just a few years ago — largely because of the increase in new asylum cases from the border.\u003c/p>\n\u003cp>Saidi’s team includes two public defenders and two immigration attorneys at a local nonprofit, plus funding to hire two more. But Saidi said more than 13,000 Contra Costa residents have pending deportation cases, including a growing number of newly arrived families seeking asylum.\u003c/p>\n\u003cp>“There’s over a thousand in the last 90 days that have been newly placed into deportation proceedings,” he said. “So, obviously, six lawyers is not enough to handle all of that.”\u003c/p>\n\u003cp>In addition to local residents, immigrants in deportation proceedings will be coming from all over Northern and Central California as their cases are transferred to the Concord court. And without lawyers, they face steep odds.\u003c/p>\n\u003cp>“The difference between having an immigration attorney versus not having an immigration attorney has profound impacts on your ability to present your claim fully,” he said.\u003c/p>\n\u003cp>Under U.S. and international law, asylum is available to people who face persecution in their home country based on their race, religion, nationality, political opinion or membership in a particular social group. Those who pass an initial border screening are placed in deportation proceedings to make their case to an immigration judge.\u003c/p>\n\u003cp>The majority of asylum seekers lose their cases, but having a lawyer is key: 49% of people with attorneys won, while just 18% of unrepresented asylum seekers did so, \u003ca href=\"https://trac.syr.edu/reports/703/\">according to the latest available data\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11975030\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11975030\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED.jpg\" alt=\"A view looking up at a building.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The site of a new immigration court at 1855 Concord Gateway in Concord on Feb. 6, 2024. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Saidi and his team are hoping to follow the lead of San Francisco, where a robust collaboration of 16 nonprofits aims to provide a lawyer for any San Francisco resident going to immigration court.\u003c/p>\n\u003cp>Milli Atkinson helps lead that network as director of the Immigrant Legal Defense Program at the San Francisco Bar Association. She worries that immigrants will find few legal resources in Concord to assist them with their claims.\u003c/p>\n\u003cp>“There are very few nonprofits serving the immigrant community in Concord and Contra Costa County,” she said. “In the next year or two, a lot of people will be struggling to find help.”\u003c/p>\n\u003cp>Atkinson said she’s reaching out to East Bay legal aid groups to offer what she can. And Saidi is teaming up with the organizations in his area. They held a press conference on Monday to get the word out to the immigrant community about what to expect at the new court.\u003c/p>\n\u003cp>“There’s a lot of confusion and fear, especially in the current climate,” Saidi said. “So we want folks to know that this isn’t a detention center,… understand if their cases are going to be transferred to this new deportation court, and hopefully connect as many people as we can with actual attorneys.”\u003c/p>\n\u003cp>Stand Together Contra Costa is planning a free legal clinic on March 17. The nonprofit groups seek a nearby storefront or office where immigrants can find information and services. Saidi also asks immigration lawyers to volunteer for an “attorney of the day” program, modeled on San Francisco’s, where attorneys take shifts at court to provide short consultations for unrepresented immigrants.\u003c/p>\n\u003ch2>A Functioning Immigration Court Helps Border Control\u003c/h2>\n\u003cp>Research shows that when immigrants facing deportation have attorneys, \u003ca href=\"https://www.migrationpolicy.org/sites/default/files/publications/mpi-courts-report-2023_final.pdf\">not only is the outcome more fair but proceedings are more efficient\u003c/a>, as lawyers can guide clients unfamiliar with U.S. immigration law and court procedure.\u003c/p>\n\u003cp>Saidi worries that with confusion over the last-minute change in venue, a lack of lawyers in his area and a swifter pace in court, it will be tough for immigrants to find representation fast enough, and their chances of winning protection in the U.S. could suffer.\u003c/p>\n\u003cp>“Folks that are unrepresented being kind of pipelined into a rushed deportation process without access to attorneys?” he said. “That, to me, is a serious due process problem.”\u003c/p>\n\u003cp>But timely hearings can also be important to due process for individuals — and necessary for the whole U.S. immigration system to work, said Doris Meissner, a senior fellow at the Migration Policy Institute in Washington, D.C.\u003c/p>\n\u003cp>She is pressing for reforms that would lead to asylum claims being decided in a matter of months rather than years. And she said expanding the number of immigration judges and courtrooms is part of that.\u003c/p>\n\u003cp>“A functioning, functional immigration judge system is essential today in order for there to be effective border control… that also allows for fairness and timeliness for the people that are seeking protection,” she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Meissner said the opening of the new Concord court is a positive step, but Congress needs to invest a lot more money in the immigration courts for the government to be able to manage the border.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11975904/new-bay-area-immigration-court-opens-aims-to-tackle-deportation-backlog","authors":["259"],"categories":["news_1169","news_8"],"tags":["news_26233","news_18123","news_27626","news_20611","news_20202","news_6883"],"featImg":"news_11975031","label":"news"},"news_11966564":{"type":"posts","id":"news_11966564","meta":{"index":"posts_1591205157","site":"news","id":"11966564","score":null,"sort":[1699358429000]},"guestAuthors":[],"slug":"double-punishment-thousands-of-southeast-asian-refugees-face-deportation-after-decades-old-convictions","title":"'Double Punishment': Thousands of Southeast Asian Refugees Face Deportation After Decades-Old Convictions","publishDate":1699358429,"format":"standard","headTitle":"‘Double Punishment’: Thousands of Southeast Asian Refugees Face Deportation After Decades-Old Convictions | KQED","labelTerm":{"site":"news"},"content":"\u003cp>On Jan. 17, 1989, Borey Ai’s life was dramatically altered.\u003c/p>\n\u003cp>That’s the day a 24-year-old man, armed with an AK-47, strode onto the playground at Cleveland Elementary School in Stockton. A white supremacist, Patrick Purdy, blamed minorities for his failings in life.\u003c/p>\n\u003cp>Purdy singled out the Southeast Asians who were his neighbors, deciding to shoot the Cambodian and Vietnamese children enjoying recess. He fired 105 rounds in three minutes, killing five children. Before killing himself, Purdy, who was dressed in combat gear, also wounded 32 other people, including more students and teachers.\u003c/p>\n\u003cp>All the victims killed were Cambodian and Vietnamese immigrants.\u003c/p>\n\u003cp>One was Ai’s cousin.\u003c/p>\n\u003cp>“That changed my life,” said Ai, who was 8 and on the playground at the time of the shooting. “That was the message — you’re not wanted here. Someone is trying to kill you.”\u003c/p>\n\u003cp>In the 1980s and 1990s, thousands of Cambodian refugees were resettled in Stockton. According to the \u003ca href=\"https://schoolshooters.info/sites/default/files/Purdy%20-%20official%20report.pdf\">report on the massacre\u003c/a>,\u003ca href=\"https://schoolshooters.info/sites/default/files/Purdy%20-%20official%20report.pdf\"> released\u003c/a> by the state attorney general in October 1989, one in six residents in the city of about 250,000 was a Southeast Asian immigrant.\u003c/p>\n\u003cfigure id=\"attachment_11966573\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-014-JY-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11966573 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-014-JY-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-014-JY-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-014-JY-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-014-JY-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-014-JY-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-014-JY-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Borey “Peejay” Ai, 41, outside the Asian Prisoner Support Committee offices in Oakland on Monday, Oct. 16, 2023. Ai, who was formerly incarcerated, was born in Cambodia and is now at risk of being deported back there. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In the United States, Southeast Asian refugees found living conditions similar to what they had left behind. Plagued with lingering trauma, they were forced to live in deteriorating buildings and work low-paying jobs while dodging constant attacks. Many children were so young they could barely read or write in their native language, let alone speak and write English.\u003c/p>\n\u003cp>Gangs became an outlet for some Southeast Asian youth struggling to adjust. Two of the most prominent Asian gangs in the 1980s, Asian Boyz and Tiny Rascal Gang, were created by Cambodians living in Long Beach as a means of protection. Young Southeast Asians, like Ai, found themselves committing crimes for a gang. Also, like Ai, many were caught and sentenced to long prison sentences. Their releases often came with deportation orders.\u003c/p>\n\u003cp>In August, the \u003ca href=\"https://chu.house.gov/sites/evo-subsites/chu.house.gov/files/evo-media-document/seadra-final-text-updated-8-18-2023.pdf\">Southeast Asian Deportation Relief Act of 2023\u003c/a> was introduced in Congress. The legislation aims to end deportations of Southeast Asian American refugees and provide protections for the more than 15,000 people with final orders of removal. The legislation also seeks to establish a path to return to the U.S. for refugees who have already been deported to Cambodia, Vietnam and Laos.[pullquote align=\"right\" size=\"medium\" citation=\"Borey Ai, a formerly incarcerated Cambodian refugee\"]‘As a young person growing up in prison, no one was there for me. As I got into counseling, I fell in love with it because it’s also healing for me to be able to help someone else.[/pullquote]To advocate for the right to stay in the U.S., four employees of the Asian Prisoner Support Committee, an organization supporting formerly incarcerated Asians and Pacific Islanders, formed the APSC Four. Ai is joined by Chanthon Bun, Nghiep Lam and Maria Legarda. Because of the nature of their felonies, each group member had been stripped of their legal permanent resident status and issued removal orders. The group advocates for Gov. Gavin Newsom to grant them pardons to remain in the only country they’ve ever called home.\u003c/p>\n\u003cp>Three group members met KQED reporters in the lobby of the organization’s downtown Oakland headquarters one October morning. Inside the former massage parlor, the men, who met while incarcerated at San Quentin State Prison, sat in plastic chairs and exchanged weathered smiles and inside jokes.\u003c/p>\n\u003cp>Ai’s family fled the Khmer Rouge, the Cambodian communist regime that committed a genocidal purge from 1975-1978. About 2 million people were killed, nearly a quarter of the Cambodian population.\u003c/p>\n\u003cp>Hundreds of thousands of Cambodians were forced to flee. Ai was born in Thailand under the shadow of the walls that enclosed a refugee camp. As a child in the camp, he would climb a nearby hill to harvest chilies as sounds of gunfire echoed.\u003c/p>\n\u003cp>More than 1.2 million Southeast Asian refugees settled in the U.S. after the Vietnam War.\u003c/p>\n\u003cp>Growing up in the U.S., Ai said he was consumed by fear and anger. He changed his routes to school to avoid racial harassment and getting beaten up. His father, in the throes of drug addiction, would disappear for months at a time, Ai told KQED. After the 1989 mass shooting incident, he began to isolate himself. By the time he was 12, a neighborhood gang had become his family.\u003c/p>\n\u003cp>Two years later, Ai and his friends attempted to rob a convenience store in San José. During the robbery, the store owner tried to grab Ai’s gun. When he yanked it away from her, the gun fired and the bullet went through her neck. Ai ran.\u003c/p>\n\u003cp>Months later, he turned himself in. He was tried as an adult and sentenced to 25 years to life in prison. He was 15 when he was sentenced, becoming one of the state’s youngest “lifers.” After serving 19 years, Ai was granted parole. But he wasn’t released. Instead, U.S. Immigration and Customs Enforcement officers picked him up.\u003c/p>\n\u003cfigure id=\"attachment_11966575\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-019-JY-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11966575\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-019-JY-qut.jpg\" alt=\"A photo portrait of a middle-aged Southeast Asian man wearing a blue T-shirt and baseball cap, and sitting outside in front of a storefront.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-019-JY-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-019-JY-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-019-JY-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-019-JY-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-019-JY-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Nghiep “Ke” Lam poses for a portrait on his motorcycle outside the Asian Prisoner Support Committee offices in Oakland on Monday, Oct. 16, 2023. Lam, a Vietnamese immigrant, was incarcerated as a teenager and has been at risk for deportation since his release. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Ai, now 41, wears an ankle monitor, and the low battery beep reminds him that his current life is in jeopardy.\u003c/p>\n\u003cp>“As a young person growing up in prison, no one was there for me,” Ai said. “As I got into counseling, I fell in love with it because it’s also healing for me to be able to help someone else.”\u003c/p>\n\u003cp>A surge of Southeast Asians resettled in the U.S. as refugees after 1975, and today, more than 3 million people of Southeast Asian descent live here, according to the Southeast Asia Resource Action Center, or SEARAC, a national civil rights organization serving people of Cambodian, Laotian and Vietnamese descent. Since 1998, 17,000 have received final orders of removal for prior convictions and 2,000 have been deported.\u003c/p>\n\u003cp>Of the formerly incarcerated Southeast Asians that have been deported, less than 10 have been able to return to the United States, said Quyên Đinh, the executive director of SEARAC. Southeast Asians are at least three times more likely to be deported based on an old criminal conviction compared to other immigrants, according to the group.[aside label=\"related coverage\" tag=\"deportation\"]Đinh said refugees were often resettled into historically low-income communities without support or resources. This led them to join gangs and participate in crime, placing them in what she referred to as “the school-to-prison-to-deportation pipeline.”\u003c/p>\n\u003cp>“The model minority myth is at the root of why the APSC Four and some individuals are in this position in the first place because they weren’t seen and they weren’t heard in the school system when they should have had the resources to be supported and to thrive and heal as refugees and as children of refugees,” Đinh said.\u003c/p>\n\u003cp>Lam, of the APSC Four, was born in Vietnam, but his family fled after the Vietnam War. He said they were stranded in the South China Sea for six months before being rescued by fishermen. They were taken to a refugee camp in Hong Kong, where they stayed for two years before immigrating to the U.S.\u003c/p>\n\u003cp>Lam said he lived with the weight of feeling unwanted in his neighborhood. The family eventually put bars on their home, creating, according to Lam, a “mini prison inside our own apartment.” While living in Richmond as a teen, Lam found security with the Asian gang at his school. He was drawn to their stories.\u003c/p>\n\u003cp>“They were just like me — refugees. And so they dealt with discrimination, being bullied,” said Lam, 47. “We’re the same, even though we’re different Asian nationalities.”\u003c/p>\n\u003cp>Lam stopped playing sports and started getting into petty theft.\u003c/p>\n\u003cp>“It led from just hanging out, chilling, to getting into gang fights,” said Lam, who began to dress in the gang’s blue colors.\u003c/p>\n\u003cp>On Sept. 30, 1983, Lam said his mother paged him to come home. On the way, he saw rival gang members.\u003c/p>\n\u003cp>“‘Let’s go beat them up,’” he recalled saying to his friends. “We parked the car, got out of the car — there were three of us.”\u003c/p>\n\u003cp>They chased the gang members. When they caught up, Lam repeatedly stabbed one in the back. After the attack, the group drove back to a friend’s house.\u003c/p>\n\u003cp>The detail that still haunts Lam was the silence — nobody said a word in the car or at the house. The next day, he was arrested for murder. He later learned his friends had gone to the police and identified him. Lam spent the next 23 years in prisons across the state.\u003c/p>\n\u003cfigure id=\"attachment_11966574\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-017-JY-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11966574\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-017-JY-qut.jpg\" alt=\"A photo portrait of a middle-aged Southeast Asian man wearing a white T-shirt and standing outside against a wall.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-017-JY-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-017-JY-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-017-JY-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-017-JY-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-017-JY-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Chanthon Bun stands for a portrait outside the Asian Prisoner Support Committee offices in Oakland on Monday, Oct. 16, 2023. Bun, a Cambodian refugee, is at risk of being deported due to being incarcerated in his youth. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Bun, 44, was born in Cambodia, but grew up in a refugee camp in Thailand until churches sponsored his family to come to the U.S. After originally settling in Fort Worth, Texas, the family moved to Los Angeles to live in a Cambodian community.\u003c/p>\n\u003cp>To avoid constant bullying at school, he and his cousins started traveling in a pack. It wasn’t long before the pack morphed into a gang.\u003c/p>\n\u003cp>“By the age of 17, I was a lookout in a robbery. Nobody was harmed. And we were arrested right away. And I was sentenced to 49 years,” said Bun, who at the time was already a father of one and had another on the way. “Receiving all that time, I really gave up on life. I really didn’t care for my life.”\u003c/p>\n\u003cp>Phoeun You knows the hardship of being deported. He never called Cambodia home, but that’s where he has lived since his removal from the U.S. last year. His immigrant story is similar to that of the APSC Four, people he referred to as friends in a video interview with KQED.[pullquote align=\"right\" size=\"medium\" citation=\"Phoeun You, who was deported to Cambodia last year\"]‘I’m just shocked looking around. I’m in a new world, a world I don’t know, a language I don’t speak.[/pullquote]Before his first birthday, You’s family left the country seeking a life untainted by violence. But it followed them to the U.S., where You coped with alcohol and found security in gangs. When he was 20 and moving away from gang life, You and his nephew were jumped by gang members in Long Beach. He got a gun two days later.\u003c/p>\n\u003cp>“We went around looking for these guys. We saw a group that I thought looked like one of the guys,” You said. “My nephew drove. I was in the passenger seat with a shotgun. I took the gun out and fired six rounds. I murdered one person and injured four.”\u003c/p>\n\u003cp>Less than a day before he was released from prison after serving 25 years, You was transferred to an ICE detention center. He stayed there for several months. One day, without warning, he was shackled and put on a flight. He was not allowed to call his family, friends or the advocates pushing for his release.\u003c/p>\n\u003cp>Almost 24 hours later, You landed in Cambodia, where the heat stuck to his skin. ICE, which didn’t respond to requests for comment, turned him over to the Cambodian government.\u003c/p>\n\u003cp>“I’m just shocked, looking around. I’m in a new world, a world I don’t know, a language I don’t speak,” You recalled when asked about his immediate thoughts upon arrival. “I couldn’t eat the food, because my stomach couldn’t take it down. I couldn’t sleep the first week. The place I had had metal bunks, which reminded me of a jail cell, a prison cell.”\u003cbr>\n[ad fullwidth]\u003cbr>\nYou said he became depressed. The only family he had in Cambodia were distant cousins and uncles he’d never met. Before he was deported, You said he had planned to live in Oakland after his release. He had jobs lined up in mental health and restorative justice work. You also wanted to counsel domestic violence survivors to honor his sister, who an abusive boyfriend killed during his incarceration.\u003c/p>\n\u003cp>You, who is teaching English, has not hugged his parents in decades, and due to their old age, they are unable to visit him in Cambodia. He’s not giving up on his fight to return home.\u003c/p>\n\u003cp>The APSC Four now focuses on mentorship and reentry services for at-risk youth, providing the support they didn’t have when they first arrived in America. Lam is a reentry navigator, helping with housing, education enrollment and job assistance. Legarda is a reentry consultant focused on women’s rights and overcoming the trauma of incarceration.\u003c/p>\n\u003cp>Bun is a reentry coordinator and speaks publicly about the impact of incarceration and deportation. He doesn’t want to be forcibly removed, because he wants to spend time with his adult children and grandchildren and his 2-year-old son. The anxiety of deportation is constant.\u003c/p>\n\u003cp>“Family visits would be over the phone,” he said. “The only time I’d probably get to see my son grow up is through FaceTime or phone calls, so it’s like serving a life sentence I can never come back from.”\u003c/p>\n\u003cp>Ai fears being deported to Cambodia, a country he’s never stepped foot in.\u003c/p>\n\u003cp>“From my knowledge, people view us as rejects, criminals who just got deported to the country. They don’t trust us. We’re ostracized by our own community,” he said. “To me, it’s double punishment.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Since 1998, about 17,000 Southeast Asian refugees have received final orders of removal after completing lengthy prison sentences. And some 2,000 of them have already been deported to countries they know very little about.\r\n","status":"publish","parent":0,"modified":1699321239,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":46,"wordCount":2482},"headData":{"title":"'Double Punishment': Thousands of Southeast Asian Refugees Face Deportation After Decades-Old Convictions | KQED","description":"Since 1998, about 17,000 Southeast Asian refugees have received final orders of removal after completing lengthy prison sentences. And some 2,000 of them have already been deported to countries they know very little about.\r\n","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'Double Punishment': Thousands of Southeast Asian Refugees Face Deportation After Decades-Old Convictions","datePublished":"2023-11-07T12:00:29.000Z","dateModified":"2023-11-07T01:40:39.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"nprByline":"\u003ca href=\"https://twitter.com/NaomiVanderlip\">Naomi Vanderlip\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11966564/double-punishment-thousands-of-southeast-asian-refugees-face-deportation-after-decades-old-convictions","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>On Jan. 17, 1989, Borey Ai’s life was dramatically altered.\u003c/p>\n\u003cp>That’s the day a 24-year-old man, armed with an AK-47, strode onto the playground at Cleveland Elementary School in Stockton. A white supremacist, Patrick Purdy, blamed minorities for his failings in life.\u003c/p>\n\u003cp>Purdy singled out the Southeast Asians who were his neighbors, deciding to shoot the Cambodian and Vietnamese children enjoying recess. He fired 105 rounds in three minutes, killing five children. Before killing himself, Purdy, who was dressed in combat gear, also wounded 32 other people, including more students and teachers.\u003c/p>\n\u003cp>All the victims killed were Cambodian and Vietnamese immigrants.\u003c/p>\n\u003cp>One was Ai’s cousin.\u003c/p>\n\u003cp>“That changed my life,” said Ai, who was 8 and on the playground at the time of the shooting. “That was the message — you’re not wanted here. Someone is trying to kill you.”\u003c/p>\n\u003cp>In the 1980s and 1990s, thousands of Cambodian refugees were resettled in Stockton. According to the \u003ca href=\"https://schoolshooters.info/sites/default/files/Purdy%20-%20official%20report.pdf\">report on the massacre\u003c/a>,\u003ca href=\"https://schoolshooters.info/sites/default/files/Purdy%20-%20official%20report.pdf\"> released\u003c/a> by the state attorney general in October 1989, one in six residents in the city of about 250,000 was a Southeast Asian immigrant.\u003c/p>\n\u003cfigure id=\"attachment_11966573\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-014-JY-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11966573 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-014-JY-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-014-JY-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-014-JY-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-014-JY-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-014-JY-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-014-JY-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Borey “Peejay” Ai, 41, outside the Asian Prisoner Support Committee offices in Oakland on Monday, Oct. 16, 2023. Ai, who was formerly incarcerated, was born in Cambodia and is now at risk of being deported back there. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In the United States, Southeast Asian refugees found living conditions similar to what they had left behind. Plagued with lingering trauma, they were forced to live in deteriorating buildings and work low-paying jobs while dodging constant attacks. Many children were so young they could barely read or write in their native language, let alone speak and write English.\u003c/p>\n\u003cp>Gangs became an outlet for some Southeast Asian youth struggling to adjust. Two of the most prominent Asian gangs in the 1980s, Asian Boyz and Tiny Rascal Gang, were created by Cambodians living in Long Beach as a means of protection. Young Southeast Asians, like Ai, found themselves committing crimes for a gang. Also, like Ai, many were caught and sentenced to long prison sentences. Their releases often came with deportation orders.\u003c/p>\n\u003cp>In August, the \u003ca href=\"https://chu.house.gov/sites/evo-subsites/chu.house.gov/files/evo-media-document/seadra-final-text-updated-8-18-2023.pdf\">Southeast Asian Deportation Relief Act of 2023\u003c/a> was introduced in Congress. The legislation aims to end deportations of Southeast Asian American refugees and provide protections for the more than 15,000 people with final orders of removal. The legislation also seeks to establish a path to return to the U.S. for refugees who have already been deported to Cambodia, Vietnam and Laos.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘As a young person growing up in prison, no one was there for me. As I got into counseling, I fell in love with it because it’s also healing for me to be able to help someone else.","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Borey Ai, a formerly incarcerated Cambodian refugee","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>To advocate for the right to stay in the U.S., four employees of the Asian Prisoner Support Committee, an organization supporting formerly incarcerated Asians and Pacific Islanders, formed the APSC Four. Ai is joined by Chanthon Bun, Nghiep Lam and Maria Legarda. Because of the nature of their felonies, each group member had been stripped of their legal permanent resident status and issued removal orders. The group advocates for Gov. Gavin Newsom to grant them pardons to remain in the only country they’ve ever called home.\u003c/p>\n\u003cp>Three group members met KQED reporters in the lobby of the organization’s downtown Oakland headquarters one October morning. Inside the former massage parlor, the men, who met while incarcerated at San Quentin State Prison, sat in plastic chairs and exchanged weathered smiles and inside jokes.\u003c/p>\n\u003cp>Ai’s family fled the Khmer Rouge, the Cambodian communist regime that committed a genocidal purge from 1975-1978. About 2 million people were killed, nearly a quarter of the Cambodian population.\u003c/p>\n\u003cp>Hundreds of thousands of Cambodians were forced to flee. Ai was born in Thailand under the shadow of the walls that enclosed a refugee camp. As a child in the camp, he would climb a nearby hill to harvest chilies as sounds of gunfire echoed.\u003c/p>\n\u003cp>More than 1.2 million Southeast Asian refugees settled in the U.S. after the Vietnam War.\u003c/p>\n\u003cp>Growing up in the U.S., Ai said he was consumed by fear and anger. He changed his routes to school to avoid racial harassment and getting beaten up. His father, in the throes of drug addiction, would disappear for months at a time, Ai told KQED. After the 1989 mass shooting incident, he began to isolate himself. By the time he was 12, a neighborhood gang had become his family.\u003c/p>\n\u003cp>Two years later, Ai and his friends attempted to rob a convenience store in San José. During the robbery, the store owner tried to grab Ai’s gun. When he yanked it away from her, the gun fired and the bullet went through her neck. Ai ran.\u003c/p>\n\u003cp>Months later, he turned himself in. He was tried as an adult and sentenced to 25 years to life in prison. He was 15 when he was sentenced, becoming one of the state’s youngest “lifers.” After serving 19 years, Ai was granted parole. But he wasn’t released. Instead, U.S. Immigration and Customs Enforcement officers picked him up.\u003c/p>\n\u003cfigure id=\"attachment_11966575\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-019-JY-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11966575\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-019-JY-qut.jpg\" alt=\"A photo portrait of a middle-aged Southeast Asian man wearing a blue T-shirt and baseball cap, and sitting outside in front of a storefront.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-019-JY-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-019-JY-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-019-JY-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-019-JY-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-019-JY-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Nghiep “Ke” Lam poses for a portrait on his motorcycle outside the Asian Prisoner Support Committee offices in Oakland on Monday, Oct. 16, 2023. Lam, a Vietnamese immigrant, was incarcerated as a teenager and has been at risk for deportation since his release. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Ai, now 41, wears an ankle monitor, and the low battery beep reminds him that his current life is in jeopardy.\u003c/p>\n\u003cp>“As a young person growing up in prison, no one was there for me,” Ai said. “As I got into counseling, I fell in love with it because it’s also healing for me to be able to help someone else.”\u003c/p>\n\u003cp>A surge of Southeast Asians resettled in the U.S. as refugees after 1975, and today, more than 3 million people of Southeast Asian descent live here, according to the Southeast Asia Resource Action Center, or SEARAC, a national civil rights organization serving people of Cambodian, Laotian and Vietnamese descent. Since 1998, 17,000 have received final orders of removal for prior convictions and 2,000 have been deported.\u003c/p>\n\u003cp>Of the formerly incarcerated Southeast Asians that have been deported, less than 10 have been able to return to the United States, said Quyên Đinh, the executive director of SEARAC. Southeast Asians are at least three times more likely to be deported based on an old criminal conviction compared to other immigrants, according to the group.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"deportation"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Đinh said refugees were often resettled into historically low-income communities without support or resources. This led them to join gangs and participate in crime, placing them in what she referred to as “the school-to-prison-to-deportation pipeline.”\u003c/p>\n\u003cp>“The model minority myth is at the root of why the APSC Four and some individuals are in this position in the first place because they weren’t seen and they weren’t heard in the school system when they should have had the resources to be supported and to thrive and heal as refugees and as children of refugees,” Đinh said.\u003c/p>\n\u003cp>Lam, of the APSC Four, was born in Vietnam, but his family fled after the Vietnam War. He said they were stranded in the South China Sea for six months before being rescued by fishermen. They were taken to a refugee camp in Hong Kong, where they stayed for two years before immigrating to the U.S.\u003c/p>\n\u003cp>Lam said he lived with the weight of feeling unwanted in his neighborhood. The family eventually put bars on their home, creating, according to Lam, a “mini prison inside our own apartment.” While living in Richmond as a teen, Lam found security with the Asian gang at his school. He was drawn to their stories.\u003c/p>\n\u003cp>“They were just like me — refugees. And so they dealt with discrimination, being bullied,” said Lam, 47. “We’re the same, even though we’re different Asian nationalities.”\u003c/p>\n\u003cp>Lam stopped playing sports and started getting into petty theft.\u003c/p>\n\u003cp>“It led from just hanging out, chilling, to getting into gang fights,” said Lam, who began to dress in the gang’s blue colors.\u003c/p>\n\u003cp>On Sept. 30, 1983, Lam said his mother paged him to come home. On the way, he saw rival gang members.\u003c/p>\n\u003cp>“‘Let’s go beat them up,’” he recalled saying to his friends. “We parked the car, got out of the car — there were three of us.”\u003c/p>\n\u003cp>They chased the gang members. When they caught up, Lam repeatedly stabbed one in the back. After the attack, the group drove back to a friend’s house.\u003c/p>\n\u003cp>The detail that still haunts Lam was the silence — nobody said a word in the car or at the house. The next day, he was arrested for murder. He later learned his friends had gone to the police and identified him. Lam spent the next 23 years in prisons across the state.\u003c/p>\n\u003cfigure id=\"attachment_11966574\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-017-JY-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11966574\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-017-JY-qut.jpg\" alt=\"A photo portrait of a middle-aged Southeast Asian man wearing a white T-shirt and standing outside against a wall.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-017-JY-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-017-JY-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-017-JY-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-017-JY-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/20231016-APSC4-017-JY-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Chanthon Bun stands for a portrait outside the Asian Prisoner Support Committee offices in Oakland on Monday, Oct. 16, 2023. Bun, a Cambodian refugee, is at risk of being deported due to being incarcerated in his youth. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Bun, 44, was born in Cambodia, but grew up in a refugee camp in Thailand until churches sponsored his family to come to the U.S. After originally settling in Fort Worth, Texas, the family moved to Los Angeles to live in a Cambodian community.\u003c/p>\n\u003cp>To avoid constant bullying at school, he and his cousins started traveling in a pack. It wasn’t long before the pack morphed into a gang.\u003c/p>\n\u003cp>“By the age of 17, I was a lookout in a robbery. Nobody was harmed. And we were arrested right away. And I was sentenced to 49 years,” said Bun, who at the time was already a father of one and had another on the way. “Receiving all that time, I really gave up on life. I really didn’t care for my life.”\u003c/p>\n\u003cp>Phoeun You knows the hardship of being deported. He never called Cambodia home, but that’s where he has lived since his removal from the U.S. last year. His immigrant story is similar to that of the APSC Four, people he referred to as friends in a video interview with KQED.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘I’m just shocked looking around. I’m in a new world, a world I don’t know, a language I don’t speak.","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Phoeun You, who was deported to Cambodia last year","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Before his first birthday, You’s family left the country seeking a life untainted by violence. But it followed them to the U.S., where You coped with alcohol and found security in gangs. When he was 20 and moving away from gang life, You and his nephew were jumped by gang members in Long Beach. He got a gun two days later.\u003c/p>\n\u003cp>“We went around looking for these guys. We saw a group that I thought looked like one of the guys,” You said. “My nephew drove. I was in the passenger seat with a shotgun. I took the gun out and fired six rounds. I murdered one person and injured four.”\u003c/p>\n\u003cp>Less than a day before he was released from prison after serving 25 years, You was transferred to an ICE detention center. He stayed there for several months. One day, without warning, he was shackled and put on a flight. He was not allowed to call his family, friends or the advocates pushing for his release.\u003c/p>\n\u003cp>Almost 24 hours later, You landed in Cambodia, where the heat stuck to his skin. ICE, which didn’t respond to requests for comment, turned him over to the Cambodian government.\u003c/p>\n\u003cp>“I’m just shocked, looking around. I’m in a new world, a world I don’t know, a language I don’t speak,” You recalled when asked about his immediate thoughts upon arrival. “I couldn’t eat the food, because my stomach couldn’t take it down. I couldn’t sleep the first week. The place I had had metal bunks, which reminded me of a jail cell, a prison cell.”\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nYou said he became depressed. The only family he had in Cambodia were distant cousins and uncles he’d never met. Before he was deported, You said he had planned to live in Oakland after his release. He had jobs lined up in mental health and restorative justice work. You also wanted to counsel domestic violence survivors to honor his sister, who an abusive boyfriend killed during his incarceration.\u003c/p>\n\u003cp>You, who is teaching English, has not hugged his parents in decades, and due to their old age, they are unable to visit him in Cambodia. He’s not giving up on his fight to return home.\u003c/p>\n\u003cp>The APSC Four now focuses on mentorship and reentry services for at-risk youth, providing the support they didn’t have when they first arrived in America. Lam is a reentry navigator, helping with housing, education enrollment and job assistance. Legarda is a reentry consultant focused on women’s rights and overcoming the trauma of incarceration.\u003c/p>\n\u003cp>Bun is a reentry coordinator and speaks publicly about the impact of incarceration and deportation. He doesn’t want to be forcibly removed, because he wants to spend time with his adult children and grandchildren and his 2-year-old son. The anxiety of deportation is constant.\u003c/p>\n\u003cp>“Family visits would be over the phone,” he said. “The only time I’d probably get to see my son grow up is through FaceTime or phone calls, so it’s like serving a life sentence I can never come back from.”\u003c/p>\n\u003cp>Ai fears being deported to Cambodia, a country he’s never stepped foot in.\u003c/p>\n\u003cp>“From my knowledge, people view us as rejects, criminals who just got deported to the country. They don’t trust us. We’re ostracized by our own community,” he said. “To me, it’s double punishment.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11966564/double-punishment-thousands-of-southeast-asian-refugees-face-deportation-after-decades-old-convictions","authors":["byline_news_11966564"],"categories":["news_8"],"tags":["news_18123","news_27626","news_2997","news_19006","news_33457"],"featImg":"news_11966572","label":"news"},"news_11941173":{"type":"posts","id":"news_11941173","meta":{"index":"posts_1591205157","site":"news","id":"11941173","score":null,"sort":[1676556047000]},"guestAuthors":[],"slug":"sf-supervisors-split-on-details-of-citys-sanctuary-policy-shielding-immigrants-from-deportation","title":"SF Supervisors Split on Details of City's Sanctuary Policy Shielding Immigrants From Deportation","publishDate":1676556047,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>San Francisco Supervisor Hillary Ronen on Tuesday put forward a resolution rejecting a request from the District Attorney’s Office seeking an exception to the city’s strict sanctuary policy, which broadly prohibits city leaders and police from cooperating with federal immigration enforcement officials.\u003c/p>\n\u003cp>At issue is an effort by DA Brooke Jenkins to prosecute two suspects wanted for serious crimes in separate cases — one for murder, the other for sexually molesting young children — who fled the country but have since been located in Mexico.\u003c/p>\n\u003cp>Under Jenkins' proposal, once the defendants are returned to San Francisco, city officials would commit to notifying Immigration and Customs Enforcement if either man were to be released from custody.\u003c/p>\n\u003cp>But Ronen said doing so would set a “dangerous precedent.”\u003c/p>\n\u003cp>“The feds don’t need us to make an exception to our sanctuary process. They spend billions of dollars a year on immigration enforcement, they can easily track these public cases,” she told KQED. “This is just playing politics with immigrants.”\u003c/p>\n\u003cp>It’s unlikely either suspect would be released from San Francisco jail unless charges were dropped or a defendant was acquitted. Judges issued an arrest warrant for the murder suspect in 2009 and for the sexual abuse suspect in 2021. Bail was set at $5 million dollars in each case.\u003c/p>\n\u003cp>In a separate move on Tuesday, Supervisor Matt Dorsey proposed a measure to make it easier to deport accused fentanyl dealers who are noncitizens.[aside label=\"related coverage\" tag=\"immigration-and-customs-enforcement\"]“I’m asking my colleagues to update our 'Due Process for All' ordinance to add fentanyl dealing felonies alongside violent felonies,” Dorsey told KQED. “The whole idea of sanctuary was to create a safe environment so that local governments could serve immigrant communities, including undocumented immigrant communities, and have their trust. To do otherwise would be to empower organized crime and elements that might exploit people who are in vulnerable situations.”\u003c/p>\n\u003cp>Under San Francisco’s current policy, local law enforcement can honor an ICE request to hold someone if that person is facing a violent felony charge and was previously convicted of a violent felony — including murder, rape and arson — in the previous seven years, or of a serious felony — including robbery and carjacking — in the previous five years.\u003c/p>\n\u003cp>Dorsey’s proposal would add people charged with dealing fentanyl to the list of exceptions for sanctuary protections. It would only apply to a person found guilty of selling fentanyl who had been previously convicted of fentanyl dealing or a violent felony in the prior seven years, or a serious felony in the prior five years.\u003c/p>\n\u003cp>Dorsey said he had not yet examined how deporting suspected dealers has affected the fentanyl crisis in other major cities with looser sanctuary laws. There is also little public data showing what portion of drug dealers in San Francisco are noncitizens.\u003c/p>\n\u003cp>Dorsey also did not say whether he would support Ronen’s separate resolution rejecting the DA’s request to notify ICE about the two suspects from Mexico.\u003c/p>\n\u003cp>For her part, Ronen said she opposes Dorsey’s proposal. And she and other immigration advocates say city officials do not need to compromise the city’s sanctuary law, which has been on the books since 1989, for federal immigration officials to arrest either of the suspects if and when they are released from San Francisco jail.\u003c/p>\n\u003cp>A similar challenge occurred in 2019, when the Department of Homeland Security demanded that San Francisco make an exception to its sanctuary policy to extradite a Tunisian national who had fled to Canada.\u003c/p>\n\u003cp>City officials ultimately decided they would not cooperate, saying it was unnecessary for DHS to do its work and could ultimately weaken the city’s sanctuary law. Nonetheless, \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Assault-suspect-extradited-to-San-Francisco-13572023.php\">DHS successfully arranged for the suspect to be returned to San Francisco, where he was eventually prosecuted\u003c/a> for rape and sexual battery.\u003c/p>\n\u003cp>Much as they did in 2019, immigrant advocates are supporting Ronen’s call to stand up to federal immigration authorities in the current case.\u003c/p>\n\u003cp>“I’m urging the Board of Supervisors to remember that lesson from not very long ago that we don’t need to succumb to their distortions,” said Angela Chan, attorney with the San Francisco Public Defender’s Office, \u003ca href=\"https://sfpublicdefender.org/news/2022/02/san-francisco-public-defender-announces-the-hiring-of-angela-chan-long-time-immigrant-advocate-for-the-asian-law-caucus/\">who played a role in drafting California’s sanctuary law\u003c/a> and updating San Francisco's policy. “It’s a threat, it’s empty, and we learned this only four years ago.”\u003c/p>\n\u003cp>“San Francisco should not fall for these tactics,” Chan added. “This is one of many things they do to try to attack our sanctuary ordinance.”\u003c/p>\n\u003cp>Weakening sanctuary protections would affect not only undocumented immigrants, but also documented immigrants with criminal histories. Any noncitizen is eligible for deportation if convicted of a wide range of crimes.\u003c/p>\n\u003cp>Jenkins says that while she supports San Francisco’s sanctuary city law, she is seeking an exemption in these particular cases to get the suspects extradited as soon as possible for what she described as “unspeakable crimes.”\u003c/p>\n\u003cp>“We cannot let two wanted fugitives hiding out internationally get away with murder and sexually abusing young children,” Jenkins said in a statement. “These men must be brought to the United States to face justice and be held accountable for their heinous crimes. We cannot let our well-intentioned policy be exploited in this way and must act now.”\u003c/p>\n\u003cp>Dorsey also expressed his support for the city’s sanctuary policy, but said fentanyl is so lethal that he thinks it should be treated differently from other drugs.\u003c/p>\n\u003cp>“I don't think there is a precedent in drug policy for what we’re seeing with fentanyl. And what's terrifying is that there are other synthetic opioids on the horizon that are cheaper and more profitable for dealers and drug cartels,” Dorsey said. “We’re in uncharted waters here.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"This week, Supervisor Matt Dorsey proposed making it easier to deport immigrants who deal fentanyl, while Supervisor Hillary Ronen urged the city to steer clear of cooperating with ICE officials.","status":"publish","parent":0,"modified":1677285315,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":1024},"headData":{"title":"SF Supervisors Split on Details of City's Sanctuary Policy Shielding Immigrants From Deportation | KQED","description":"This week, Supervisor Matt Dorsey proposed making it easier to deport immigrants who deal fentanyl, while Supervisor Hillary Ronen urged the city to steer clear of cooperating with ICE officials.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"SF Supervisors Split on Details of City's Sanctuary Policy Shielding Immigrants From Deportation","datePublished":"2023-02-16T14:00:47.000Z","dateModified":"2023-02-25T00:35:15.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11941173/sf-supervisors-split-on-details-of-citys-sanctuary-policy-shielding-immigrants-from-deportation","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco Supervisor Hillary Ronen on Tuesday put forward a resolution rejecting a request from the District Attorney’s Office seeking an exception to the city’s strict sanctuary policy, which broadly prohibits city leaders and police from cooperating with federal immigration enforcement officials.\u003c/p>\n\u003cp>At issue is an effort by DA Brooke Jenkins to prosecute two suspects wanted for serious crimes in separate cases — one for murder, the other for sexually molesting young children — who fled the country but have since been located in Mexico.\u003c/p>\n\u003cp>Under Jenkins' proposal, once the defendants are returned to San Francisco, city officials would commit to notifying Immigration and Customs Enforcement if either man were to be released from custody.\u003c/p>\n\u003cp>But Ronen said doing so would set a “dangerous precedent.”\u003c/p>\n\u003cp>“The feds don’t need us to make an exception to our sanctuary process. They spend billions of dollars a year on immigration enforcement, they can easily track these public cases,” she told KQED. “This is just playing politics with immigrants.”\u003c/p>\n\u003cp>It’s unlikely either suspect would be released from San Francisco jail unless charges were dropped or a defendant was acquitted. Judges issued an arrest warrant for the murder suspect in 2009 and for the sexual abuse suspect in 2021. Bail was set at $5 million dollars in each case.\u003c/p>\n\u003cp>In a separate move on Tuesday, Supervisor Matt Dorsey proposed a measure to make it easier to deport accused fentanyl dealers who are noncitizens.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"immigration-and-customs-enforcement"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“I’m asking my colleagues to update our 'Due Process for All' ordinance to add fentanyl dealing felonies alongside violent felonies,” Dorsey told KQED. “The whole idea of sanctuary was to create a safe environment so that local governments could serve immigrant communities, including undocumented immigrant communities, and have their trust. To do otherwise would be to empower organized crime and elements that might exploit people who are in vulnerable situations.”\u003c/p>\n\u003cp>Under San Francisco’s current policy, local law enforcement can honor an ICE request to hold someone if that person is facing a violent felony charge and was previously convicted of a violent felony — including murder, rape and arson — in the previous seven years, or of a serious felony — including robbery and carjacking — in the previous five years.\u003c/p>\n\u003cp>Dorsey’s proposal would add people charged with dealing fentanyl to the list of exceptions for sanctuary protections. It would only apply to a person found guilty of selling fentanyl who had been previously convicted of fentanyl dealing or a violent felony in the prior seven years, or a serious felony in the prior five years.\u003c/p>\n\u003cp>Dorsey said he had not yet examined how deporting suspected dealers has affected the fentanyl crisis in other major cities with looser sanctuary laws. There is also little public data showing what portion of drug dealers in San Francisco are noncitizens.\u003c/p>\n\u003cp>Dorsey also did not say whether he would support Ronen’s separate resolution rejecting the DA’s request to notify ICE about the two suspects from Mexico.\u003c/p>\n\u003cp>For her part, Ronen said she opposes Dorsey’s proposal. And she and other immigration advocates say city officials do not need to compromise the city’s sanctuary law, which has been on the books since 1989, for federal immigration officials to arrest either of the suspects if and when they are released from San Francisco jail.\u003c/p>\n\u003cp>A similar challenge occurred in 2019, when the Department of Homeland Security demanded that San Francisco make an exception to its sanctuary policy to extradite a Tunisian national who had fled to Canada.\u003c/p>\n\u003cp>City officials ultimately decided they would not cooperate, saying it was unnecessary for DHS to do its work and could ultimately weaken the city’s sanctuary law. Nonetheless, \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Assault-suspect-extradited-to-San-Francisco-13572023.php\">DHS successfully arranged for the suspect to be returned to San Francisco, where he was eventually prosecuted\u003c/a> for rape and sexual battery.\u003c/p>\n\u003cp>Much as they did in 2019, immigrant advocates are supporting Ronen’s call to stand up to federal immigration authorities in the current case.\u003c/p>\n\u003cp>“I’m urging the Board of Supervisors to remember that lesson from not very long ago that we don’t need to succumb to their distortions,” said Angela Chan, attorney with the San Francisco Public Defender’s Office, \u003ca href=\"https://sfpublicdefender.org/news/2022/02/san-francisco-public-defender-announces-the-hiring-of-angela-chan-long-time-immigrant-advocate-for-the-asian-law-caucus/\">who played a role in drafting California’s sanctuary law\u003c/a> and updating San Francisco's policy. “It’s a threat, it’s empty, and we learned this only four years ago.”\u003c/p>\n\u003cp>“San Francisco should not fall for these tactics,” Chan added. “This is one of many things they do to try to attack our sanctuary ordinance.”\u003c/p>\n\u003cp>Weakening sanctuary protections would affect not only undocumented immigrants, but also documented immigrants with criminal histories. Any noncitizen is eligible for deportation if convicted of a wide range of crimes.\u003c/p>\n\u003cp>Jenkins says that while she supports San Francisco’s sanctuary city law, she is seeking an exemption in these particular cases to get the suspects extradited as soon as possible for what she described as “unspeakable crimes.”\u003c/p>\n\u003cp>“We cannot let two wanted fugitives hiding out internationally get away with murder and sexually abusing young children,” Jenkins said in a statement. “These men must be brought to the United States to face justice and be held accountable for their heinous crimes. We cannot let our well-intentioned policy be exploited in this way and must act now.”\u003c/p>\n\u003cp>Dorsey also expressed his support for the city’s sanctuary policy, but said fentanyl is so lethal that he thinks it should be treated differently from other drugs.\u003c/p>\n\u003cp>“I don't think there is a precedent in drug policy for what we’re seeing with fentanyl. And what's terrifying is that there are other synthetic opioids on the horizon that are cheaper and more profitable for dealers and drug cartels,” Dorsey said. “We’re in uncharted waters here.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11941173/sf-supervisors-split-on-details-of-citys-sanctuary-policy-shielding-immigrants-from-deportation","authors":["11840","259"],"categories":["news_1169","news_8"],"tags":["news_18123","news_27626","news_21027","news_20202","news_23454","news_32420","news_20445","news_244"],"featImg":"news_11941180","label":"news"},"news_11938736":{"type":"posts","id":"news_11938736","meta":{"index":"posts_1591205157","site":"news","id":"11938736","score":null,"sort":[1674849009000]},"guestAuthors":[],"slug":"the-state-overturned-her-murder-conviction-but-ice-still-wants-to-deport-her-this-california-woman-is-caught-in-a-legal-tug-of-war","title":"California Overturned Her Murder Conviction. ICE Still Wants to Deport Her","publishDate":1674849009,"format":"standard","headTitle":"The California Report Magazine | KQED News","labelTerm":{"term":26731,"site":"news"},"content":"\u003cp>On the morning of July 27, 2021, Sandra Castañeda woke with a mixture of elation and dread. She was about to be released from prison after 19 years. What she wanted more than anything was to walk out of the California Institution for Women in Chino and head home for a reunion with her family in Los Angeles. She had imagined this day for so long.\u003c/p>\n\u003cp>“As a lifer, you want to get out of prison so bad,” she said. “But when it's there, you freak out,” wondering what freedom will be like, she said.\u003c/p>\n\u003cp>Castañeda, then 39, had spent nearly half of her life behind bars. She’d been sentenced to 40 years to life for murder, even though she didn’t actually kill anyone.[aside label=\"Related Stories\" postID=\"news_11924388,news_11923465,news_11909454\"]While Castañeda was in prison, California had enacted a series of criminal justice reforms, including one that allowed her to be resentenced. A Superior Court judge in Los Angeles had vacated Castañeda’s murder conviction and ordered her release.\u003c/p>\n\u003cp>But Castañeda didn’t walk free. Instead, she was loaded into a white van operated by U.S. Immigration and Customs Enforcement (ICE).\u003c/p>\n\u003cp>Castañeda’s story highlights how noncitizens, even longtime legal residents with green cards like Castañeda, are routinely funneled from state prison into the federal deportation system — even after the convictions that would make them deportable have been overturned. In a clash with state policy, legal records show, ICE and the federal immigration courts are disregarding state reforms that are letting people out of prison and dismissing old convictions.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>With the help of others familiar with her case, Castañeda, a woman with a cascade of dark curls and an infectious laugh, explained how that July day unfolded and what it meant — for her, and potentially for thousands of other noncitizens who have had their convictions dismissed.\u003c/p>\n\u003ch2>From prison to ICE custody\u003c/h2>\n\u003cp>At 8 a.m., Colby Lenz, an advocate with the California Coalition for Women Prisoners, pulled into the parking lot of the prison in Chino, to await Castañeda’s release and give her a ride home.\u003c/p>\n\u003cp>But at 9 a.m. she watched as the guard in the tower opened the prison gate and the white ICE van rolled in. She saw guards walk Castañeda out and load her into the van. Lenz says Castañeda’s friends inside the facility were watching, too.\u003c/p>\n\u003cp>“Some of Sandra's close friends had come as close as they could to this area and were calling out to her,” she said. “They were basically telling her that they loved her, and were certainly distressed at what they were seeing.”\u003c/p>\n\u003cp>The van drove Castañeda to the ICE field office in San Bernardino. Lenz followed in her car. By 10 a.m. Castañeda was in a holding cell and Lenz was making urgent calls to Anoop Prasad, an immigration lawyer with the Asian Law Caucus in San Francisco, who agreed to take on Castañeda’s immigration case pro bono.\u003c/p>\n\u003cfigure id=\"attachment_11939152\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt='A south Asian man in a green sweater and jeans stands outside an office with \"Advancing Justice\" written on the window.' width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Anoop Prasad poses for a portrait outside the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Anoop and I were tag teaming, calling the ICE office,” said Lenz. “We both talked to some of the officers there, trying to convince them that this was not a legal detention.”\u003c/p>\n\u003cp>Prasad said he even convinced the LA County District Attorney’s Office, which had originally prosecuted Castañeda, to call ICE and explain that her murder conviction had been vacated. But ICE seemed determined to keep her in custody.\u003c/p>\n\u003ch2>Gang friendships and a shooting\u003c/h2>\n\u003cp>Castañeda’s original conviction was connected to a murder that took place in 2002, when a teenage girl was shot and killed — and Castañeda was there. But the events of that night are rooted in the early chapters of her story.\u003c/p>\n\u003cp>Long before Castañeda was born, her family straddled the border with Mexico. Her grandmother was born in the U.S. Her mother and father were from the Mexican border city of Mexicali. When Castañeda was a little girl, the family spent time in both countries. Eventually her parents settled in LA, leaving her and her older sister with relatives in Mexicali. By the time Castañeda was 9, her parents had separated and her mother had started a new family. But an aunt and uncle in LA brought Castañeda and her sister to the U.S. on green cards, raising them along with their own children.\u003c/p>\n\u003cfigure id=\"attachment_11939173\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939173\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg\" alt=\"The image of a young Latina girl of kindergarten age wearing a white dress.\" width=\"800\" height=\"888\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1020x1132.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-160x178.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1384x1536.jpeg 1384w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1845x2048.jpeg 1845w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda at her kindergarten graduation. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That aunt, Virginia Reyes, remembers Castañeda as a quiet kid who didn’t cause trouble.\u003c/p>\n\u003cp>“Sandrita was totally calm,” said Reyes in Spanish. “She was not a difficult girl.”\u003c/p>\n\u003cp>Reyes and her husband ran a clothing factory in South Central LA, assembling garments for the fashion industry. They called it Sandra’s Fashions. They employed more than 20 workers, Reyes said.\u003c/p>\n\u003cp>Reyes and her husband put in really long hours, building the business to support the family. That left Castañeda to fend for herself a lot as a kid.\u003c/p>\n\u003cp>“They’d leave early, they’d come home real late,” she said. “They’d work seven days a week. So it was always work, work, work, work.”\u003c/p>\n\u003cp>Being involved with the family business taught her a strong work ethic, Castañeda said. But the uncertain bonds of her childhood also left her yearning for a sense of belonging.\u003c/p>\n\u003cp>In junior high school, Castañeda made friends with some tough kids who were part of a gang. Her aunt tried to protect her by putting her in a Catholic school. But it didn’t help.\u003c/p>\n\u003cfigure id=\"attachment_11939177\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939177\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg\" alt=\"A Latina girl sips a soft drink with white dress on and long brown hair.\" width=\"800\" height=\"1067\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1020x1360.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-160x213.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1152x1536.jpeg 1152w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1536x2048.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-scaled.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda, age 12, sips a soft drink. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda never got in trouble with the law. But that changed on the night of May 10, 2002, when she was 20. Castañeda later testified that she was driving some friends to Taco Bell in her van around midnight, when a guy in the van told her to slow down. Then suddenly, he started firing out the window.\u003c/p>\n\u003cp>Castañeda is cautious when talking about the crime, because, even two decades later, she’s worried about gang retaliation. So KQED has agreed not to use the names of the victims or the names or gang monikers of those involved in the shooting. And Castañeda asked that Prasad, her immigration lawyer, be the one to describe what happened.\u003c/p>\n\u003cp>“One of the people in the van thought they saw someone in the neighborhood who was from a rival gang,” Prasad told me. “He asked her to slow down, and she — didn't really know what was going on — slowed down. The person pulled out a gun and started shooting from the car.”\u003c/p>\n\u003cp>The bullets hit two teenagers who were sitting on the front steps of an apartment building in South Central. An 18-year-old was shot in the leg — and he recovered. But the 15-year-old girl beside him was killed. In a panic, Castañeda drove on.\u003c/p>\n\u003cp>“She stopped a couple of blocks later,” Prasad recounted. “Police were already there on the scene. And she was the only one who was arrested. Everyone else ran away.”\u003c/p>\n\u003cp>Castañeda was taken to jail. A California law at the time — known as the felony murder rule — said that if a person dies while a felony is being committed, anyone involved could be found guilty of murder, whether or not they intended or committed the killing. Under the law, prosecutors charged Castañeda with murder because she was driving the van, even though she herself didn’t kill anyone.\u003c/p>\n\u003cp>“It was a tough-on-crime era,” said Prasad. “Across the state, anyone who was remotely connected or even present at the scene would [often] get hit with a murder charge … So I think the DA just aggressively prosecuted and used this overly broad theory to charge her with murder.”\u003c/p>\n\u003cfigure id=\"attachment_11939247\" class=\"wp-caption alignright\" style=\"max-width: 720px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11939247\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg\" alt=\"A Latina family spanning three generations smile at the camera.\" width=\"720\" height=\"514\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg 720w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001-160x114.jpeg 160w\" sizes=\"(max-width: 720px) 100vw, 720px\">\u003cfigcaption class=\"wp-caption-text\">Castañeda with her mother, her sister and her sister's children on a prison visit in 2016. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda went on trial. But her aunt didn’t think the police detectives were doing enough to find the actual killer.\u003c/p>\n\u003cp>“I tried to be a detective myself,” recalled Reyes. “I went places I never imagined going, trying to track down the person who had done this. I even went to parties, dressing up to look younger. I put up fliers around town with his photo on them.”\u003c/p>\n\u003cp>Reyes had no luck — until one day, after the trial was over, she says she saw the man at a car wash. She was afraid he would recognize her, but she pulled over and got on the phone.\u003c/p>\n\u003cp>“I called the police and I called the lawyer. And they just replied, ‘Oh, the case is closed.’” she said. “I couldn’t believe it. I felt so powerless.”\u003c/p>\n\u003cp>The LA Police Department now says the case is still open. But no one else has ever been arrested or prosecuted for the shooting, according to officials at the LA County District Attorney’s Office.\u003c/p>\n\u003cp>Castañeda was convicted of second-degree murder and attempted murder. The sentence came with enhancements because a gun was used in the killing, and there was gang involvement: 40 years to life behind bars.\u003c/p>\n\u003cp>Reyes says when she heard the verdict, she was in shock. Castañeda had no criminal history and insisted she hadn’t planned to hurt anyone. Reyes expected her niece to face punishment, but not more than a couple of years.\u003c/p>\n\u003cp>“How was it possible that this person was still walking free and Sandra was going to be locked up for so many years?” Reyes wondered.\u003c/p>\n\u003ch2>Coming of age behind bars\u003c/h2>\n\u003cp>At first when Castañeda went to prison, back in 2003, she was angry. But over time she developed a new perspective on the crime.\u003c/p>\n\u003cp>“It was not a planned situation — it just kind of happened. But I still feel that I did have a part because I was the driver,” she said. “So today I know that back then I had choices. But as a young person, I didn't know that I did ... Today I do understand and I take full responsibility for my part.”\u003c/p>\n\u003cp>In prison, Castañeda sought out peer support groups. She took college courses. She worked in the carpentry, paint and auto shops, learning new skills and finding satisfaction in physical work. She also became a leader in the hospice program, caring for women who were dying in prison.\u003c/p>\n\u003cp>“I got to know who I was as a person, so I'm not bitter at all,” she said. “Prison made me the woman that I am today.”\u003c/p>\n\u003cp>Castañeda — once a shy child — learned she’s resilient and a go-getter. She learned not to be afraid to speak up for what she believes and to advocate for others.\u003c/p>\n\u003ch2>'[T]here's always that little hope ... '\u003c/h2>\n\u003cp>Then, in 2018, something happened that Castañeda never expected.\u003c/p>\n\u003cp>The California Legislature \u003ca href=\"https://www.kqed.org/news/11685094/not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law\">dramatically restricted\u003c/a> the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1437\">felony murder rule\u003c/a>, the law that led to her conviction. Lawmakers cited the injustice of a law that disproportionately affected women and people of color. State courts had even questioned whether the old law was constitutional. The reform was part of a \u003ca href=\"https://www.kqed.org/news/11714104/jerry-brown-will-leave-lasting-impact-on-criminal-justice-in-california\">broader movement in California\u003c/a> and elsewhere to reduce mass incarceration and over-punishment.\u003c/p>\n\u003cp>For Castañeda, it meant she could ask a judge to vacate her murder conviction and give her a new sentence. A Stanford University law clinic connected her with a pro bono lawyer who helped her petition for resentencing. The head of the state prison system even wrote a letter of support.[pullquote align=\"right\" size=\"medium\" citation=\"Virginia Reyes, aunt of Sandra Castañeda\"]'How was it possible that this person was still walking free and Sandra was going to be locked up for so many years?'[/pullquote]Castañeda tried to manage her expectations. As a lifer, she knew she might die in prison.\u003c/p>\n\u003cp>“But I mean, there's always that little hope in there, you know? I think as human beings, we want to believe that something good is going to come out,” she said.\u003c/p>\n\u003cp>Trying all her options, Castañeda also applied for clemency from Gov. Gavin Newsom. And in Nov. 2020, recognizing her rehabilitation, \u003ca href=\"https://drive.google.com/drive/u/0/folders/1xG8ED1L6wFFaizn1W5KwboN16e2bniOh\">Newsom commuted her sentence\u003c/a>, making her immediately eligible for parole.\u003c/p>\n\u003cp>Then, something even bigger happened. In July of 2021, a California judge approved her petition for resentencing and dismissed her murder conviction entirely, giving her a much lesser charge, accessory after the fact. Finally, Castañeda was ordered released. She couldn’t stop crying.\u003c/p>\n\u003cp>“I was worse than the Llorona,” she said. “I just couldn't believe it.”\u003c/p>\n\u003ch2>A green card is a privilege\u003c/h2>\n\u003cp>California’s criminal justice system was saying Castañeda could go home and start to build a life as a free woman. But the federal system had a different goal. Under U.S. immigration law, having a green card is a privilege that can be taken away. So if an immigrant who’s not a citizen, even a lawful permanent resident like Castañeda, commits certain crimes, they can lose their legal status and be deported.\u003c/p>\n\u003cfigure id=\"attachment_11939179\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939179\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt=\"A south Asian man seen from behind talking to a woman through his computer, the woman's face is visible on the screen.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Lawyer Anoop Prasad speaks with Sandra Castañeda through a video call, in the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The list of deportable crimes — known as \u003ca href=\"https://www.americanimmigrationcouncil.org/research/aggravated-felonies-overview\">aggravated felonies\u003c/a> — has grown longer over the years. Notably, in the 1990s President Bill Clinton signed two laws that \u003ca href=\"https://www.theatlantic.com/ideas/archive/2019/11/time-bill-clinton-apologize-immigrants/601579/\">vastly expanded the number\u003c/a>.\u003c/p>\n\u003cp>Today, advocates note, people can lose their green cards for a laundry list of reasons, like shoplifting, drug charges and failure to appear in court. Yet some of these have actually been decriminalized by states like California.\u003c/p>\n\u003cp>“California over the last decade or so has recognized that the lock-’em-up mentality … led to a ballooning of our prison and jail population, but didn’t actually result in safer communities,” said Rose Cahn, attorney with the Immigrant Legal Resource Center in San Francisco.\u003c/p>\n\u003cp>She says the way federal immigration law is enforced should recognize state criminal justice reforms.\u003c/p>\n\u003cp>“A conviction that's been dismissed at the state level — where you have DAs of all political stripes saying, ‘Hey, this doesn't need to be on someone's record’ — should not be on someone's record, plain and simple,” said Cahn.\u003c/p>\n\u003cp>But that’s not happening. ICE lawyers are still pushing to deport people like Castañeda, based on convictions that have been reduced or even dismissed. And they’re backed up by rulings in the federal immigration courts that say immigrants are still deportable if their conviction and sentence was reduced, unless the change was “based on a procedural or substantive defect in the underlying criminal proceeding.”[pullquote align=\"right\" size=\"medium\" citation=\"Sandra Castañeda\"]'These people are still messing with my life, even though I already paid for my crime.'[/pullquote]The number of people caught in this situation isn’t tracked by any agency, but some immigration experts estimate it affects thousands nationally.\u003c/p>\n\u003cp>An ICE spokesperson, who declined to be named, said the agency’s officers make decisions about who to pursue “in a responsible manner, informed by their experience as law enforcement professionals and in a way that best protects against the greatest threats to the homeland.” And she noted that ICE prosecutors can and do exercise discretion in deciding whether to prosecute individual cases.\u003c/p>\n\u003cp>In California, a sanctuary law prevents police and sheriffs from cooperating in immigration enforcement in most cases. But there’s a broad loophole for prisons. So the California Department of Corrections and Rehabilitation, the state prison system, notifies ICE when they take in anyone who’s foreign born, then accommodates ICE requests to interview and take custody of immigrants at the time of their release, documents show. More than 1,600 people were turned over from California prisons to ICE in 2020, according to CDCR data obtained by the ACLU.\u003c/p>\n\u003cp>“Their policy is that they will report anyone who's not born in the U.S. and they will actively work to turn over anyone that ICE says they want to come and arrest … even if the person has been exonerated,” said Prasad. “It's really just an absurd policy.”\u003c/p>\n\u003cp>State prison officials say it’s not their job to decide whether someone’s deportable. They say they simply comply when ICE issues a \u003ca href=\"https://www.ice.gov/features/detainers\">detainer\u003c/a>, a request to hold an incarcerated person for transfer.[pullquote align=\"right\" size=\"medium\" citation=\"Anoop Prasad, immigration lawyer, Asian Law Caucus\"]'ICE can just say we're not going to choose to go after and deport these people. We don't need Congress to even step in here and fix it. It's just one of those things that the Biden administration can just fix tomorrow.'[/pullquote]“CDCR responds to detainers from all law enforcement agencies including local, state, and federal,” said CDCR spokesperson Vicky Waters.\u003c/p>\n\u003cp>As a result, immigrants who’ve served their prison sentences — and even those like Castañeda, who’ve been exonerated of crimes — get caught between the state, which aims to let them rejoin society, and the federal government, which wants to lock them up and deport them.\u003c/p>\n\u003ch2>Detained and shipped to Georgia\u003c/h2>\n\u003cp>For Castañeda, all this meant that on the day she was released from prison after serving 19 years — for a murder she herself didn’t commit — a new legal battle was just beginning.\u003c/p>\n\u003cp>As she sat in a holding cell at the ICE field office in San Bernardino that July morning in 2021, agents were trying to figure out where to send her.\u003c/p>\n\u003cp>“I was on the phone with the deportation officer, and he's saying, ‘I don't know if we're going to find a bed. And if we don't, I will release her on an ankle monitor,’” said Prasad.\u003c/p>\n\u003cp>Around 3 p.m. an officer did come and attach an electronic GPS monitor to her ankle, Castañeda said, to release her from detention but keep her under surveillance. She began to think she might be able to go home after all. But the hours ticked by.\u003c/p>\n\u003cp>“And then he came back and said, ‘Give me your leg. I'm going to cut that off of you.’ And I was like, ‘Why?’ And he said, ‘Because I found you a spot,’” Castañeda recounted.\u003c/p>\n\u003cp>Castañeda’s hopes of freedom were dashed. She would be shipped 3,000 miles away from her family, to a facility in Georgia.\u003c/p>\n\u003cp>At 9 p.m., Castañeda was transferred to an ICE office in LA. She said she spent much of the night sitting on a hard bench.\u003c/p>\n\u003cp>At 3 a.m., agents drove her to the airport and handed her off to two plainclothes officers who took her on an early morning flight to Atlanta. She still hadn’t been able to talk to her lawyer, Prasad.\u003c/p>\n\u003cp>“I got a call from her the next day that she was in Georgia,” he said. “I knew it was probably Stewart. And immediately my heart sank a little.”\u003c/p>\n\u003cp>Stewart Detention Center in Lumpkin, Georgia, is operated for ICE by a private prison company called CoreCivic. Detainees and their families have sued repeatedly over \u003ca href=\"https://www.business-humanrights.org/en/latest-news/immigration-detainees-cite-deplorable-conditions-inside-stewart-facility-in-lawsuit/\">filthy, overcrowded conditions\u003c/a>; in-custody \u003ca href=\"https://www.ajc.com/news/breaking-news/family-detainee-who-hanged-himself-georgia-lockup-suing-ice/QYZReZLtc2uQ930XO9ZfxJ/\">death\u003c/a>; \u003ca href=\"https://www.ajc.com/news/georgia-news/ice-detainees-say-they-were-forced-into-labor-in-ga-file-lawsuit/ECLTIVQNMVE6LKOFKXQBWCCVUA/\">forced labor\u003c/a> and \u003ca href=\"https://theintercept.com/2022/07/13/ice-stewart-detention-sexual-misconduct/\">sexual assaults\u003c/a> by medical staff.\u003c/p>\n\u003cp>“They put me on a plane and sent me to the worst one that they could send me to,” said Castañeda. “It was scary.”\u003c/p>\n\u003cp>Immigration detention is not punishment for a crime. It’s civil detention of people awaiting deportation hearings. But Castañeda found conditions at Stewart a lot worse than a California prison. She was stuck in one room with 23 other people. She didn’t have a job or classes or a routine.\u003c/p>\n\u003cp>“There’s a lot of mold in there. Sometimes it'll be hot. Sometimes it'll be freezing,” she said. “It’s a bad place to do time.”\u003c/p>\n\u003cp>An ICE spokesperson assured KQED the facility has passed inspections and meets ICE detention standards, adding, “ICE is committed to ensuring that all those in the agency’s custody reside in safe, secure and humane environments.”\u003c/p>\n\u003cp>In an emailed statement to KQED, CoreCivic spokesman Ryan Gustin said, “the safety, health and well-being of the individuals entrusted to our care is our top priority.” He added that the company does not “cut corners on care, staff or training” to meet federal standards. \u003c/p>\n\u003ch2>'The system ... is designed to wear people down'\u003c/h2>\n\u003cp>While Castañeda was adjusting at Stewart, Prasad went into overdrive. He filed briefs in immigration court to try to get her released. But ICE lawyers fought him at every turn.\u003c/p>\n\u003cp>“Rather than acknowledging that a state court had vacated the conviction, ICE aggressively pursued deportation,” he said.[pullquote align=\"right\" size=\"medium\" citation=\"Anoop Prasad, immigration lawyer, Asian Law Caucus\"]'The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities.'[/pullquote]And Prasad had a new worry. When Castañeda’s murder conviction was vacated, the judge had given her a lesser charge, accessory after the fact. In most of the country, that’s considered an aggravated felony. However, the 9th U.S. Circuit Court of Appeals has ruled it is not. As long as Castañeda was in California, where the 9th Circuit holds sway, her crime wasn’t grounds for deportation. But she had been sent off to Georgia.\u003c/p>\n\u003cp>And Prasad was afraid that, as the weeks turned into months, Castañeda would get so discouraged, so weary of living behind bars, that she'd give up and let ICE deport her. That’s what happens to a lot of immigrants in detention, he said.\u003c/p>\n\u003cp>“The system at every step is designed to wear people down,” he said.\u003c/p>\n\u003cp>But Castañeda was not giving up. In fact, she had found a new sense of purpose. During her years in California prisons, she learned advocacy skills. And in Georgia, she wasn’t afraid to speak up.\u003c/p>\n\u003cp>She says she challenged guards when they spoke disrespectfully to the detained women. She filed grievances over violations of the Prison Rape Elimination Act. She questioned the COVID protocols, pushed for testing and social-distancing measures when women got sick. And, being bilingual, Castañeda stepped in to advocate for the women who spoke only Spanish.\u003c/p>\n\u003cp>“One of the counselors told me to stop helping those people, that they needed to do things for themself. And I told her, ‘Well, they don't speak English and … I'm only asking for toilet paper, shampoo,’” she said.\u003c/p>\n\u003cp>Lenz stayed in touch with Castañeda through video calls. She said Castañeda showed her surgical masks that other detained women had doctored up to read: #freesandra.\u003c/p>\n\u003cp>“She was kind of embarrassed that they were doing this,” Lenz said. “But it showed that she was part of building more of a collective culture there, a culture of standing up for each other.”\u003c/p>\n\u003cp>Castañeda had spent nearly a year in ICE detention when, finally, she got some welcome news. The California judge who had resentenced Castañeda had reviewed Prasad’s request to revisit her ruling and, “based on legal error,” reduced Castañeda’s sentence even further — to disturbing the peace, a misdemeanor that’s not considered a deportable crime anywhere in the country.\u003c/p>\n\u003cp>Then, at her hearing in July 2022, an immigration judge in Georgia ruled Castañeda was not deportable.\u003c/p>\n\u003cp>She was thrilled to think she could go free. But she had been on this roller coaster before.\u003c/p>\n\u003cp>“I was excited and I started feeling like, ‘Oh, my God, do I get happy?’” Castañeda said. “It was just, like, the mixed emotions again.”\u003c/p>\n\u003cp>Sure enough, ICE’s lawyers said they planned to appeal — and they wanted to keep Castañeda locked up while they did. Weeks went by before she could get a hearing where Prasad asked the judge to release her on bond.\u003c/p>\n\u003cp>“When the judge made the decision that he was going to give it to me, I just started crying,” she recalled.\u003c/p>\n\u003ch2>Finally free after 20 years\u003c/h2>\n\u003cp>Last August, the day that Castañeda had been awaiting for half her life finally arrived. She flew home to LA, where her family surrounded her with hugs at the airport.\u003c/p>\n\u003cp>“I didn't know if it was reality or dream,” she said. “Even my cousin, he kept looking at me like, ‘It feels like I’m dreaming, Sandra.’”\u003c/p>\n\u003cfigure id=\"attachment_11939248\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939248\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561156344__AF9A357A-03AB-499D-A66A-46599D37B04E-800x1067.jpeg\" alt=\"Four women hug at the airport.\" width=\"800\" height=\"1067\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda is greeted by her family at LA International Airport on Aug. 4, 2022, after being released from ICE detention. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda was 40 and finally free after 20 years behind bars, and she had a lot of catching up to do.\u003c/p>\n\u003cp>The California Coalition for Women Prisoners set Castañeda up in a shared apartment in LA. She was eager to show off the bathroom, “with a door you can close,” and the bedroom that’s all her own.\u003c/p>\n\u003cp>Her aunt Virginia Reyes was thrilled to have Sandra home and plied her with homemade enchiladas. But after a few days, Castañeda had a craving for Chicken McNuggets.\u003c/p>\n\u003cp>At McDonald’s, Sandra used her new cellphone to take photos of her meal to send to her friends in state prison.\u003c/p>\n\u003cp>“They always want to know, ‘What do you eat? What are you doing?’” she said. “Everybody’s so happy for me.”\u003c/p>\n\u003cp>But Castañeda also had her mind on all the tasks she needed to tackle: getting a Social Security card, signing up for Medi-Cal and applying for a driver’s license, for starters.\u003c/p>\n\u003cp>There was something ironic in it. Driving is what got Castañeda into trouble all those years ago. But today regaining her license is one concrete step in reclaiming her life, even while other things remain out of her control, like ICE’s effort to deport her.\u003c/p>\n\u003cp>“These people are still messing with my life, even though I already paid for my crime,” she said. “I try not to think about it because it’s just bad energy, you know? So I’m just focused on what I need to do right now.”\u003c/p>\n\u003cp>She’s in a reentry program and imagining jobs where she can use her own life experience to counsel other immigrants caught between state criminal reforms and federal deportation policies.\u003c/p>\n\u003cp>Castañeda hopes eventually to apply for citizenship. “I was 20 years old when I got arrested, so … I didn't know that it’s so important to be able to get that citizenship if you're able to,” she said. “Today I know better.”\u003c/p>\n\u003ch2>Pushing the Biden administration to honor state reforms\u003c/h2>\n\u003cp>But gaining citizenship depends on remaining a legal U.S. resident. ICE lawyers are still trying to take her green card and get her deported. And they could succeed.\u003c/p>\n\u003cfigure id=\"attachment_11939185\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939185\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg\" alt=\"A Latina woman with long curly dark hair and sunglasses on her head looks at the camera.\" width=\"800\" height=\"571\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1020x728.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1536x1097.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda stands outside her home in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Board of Immigration Appeals, the appellate level of the federal immigration courts, has ruled that, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3493.pdf\">most of the time (PDF)\u003c/a>, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3377.pdf\">it doesn’t matter (PDF)\u003c/a> whether a state court vacated someone’s criminal conviction. And under President Donald Trump, then-Attorney General William Barr went further, ruling that \u003ca href=\"https://www.justice.gov/eoir/page/file/1213201/download\">immigration courts can also ignore when a state reduces a person’s sentence\u003c/a>. The legal decisions say the fact that someone like Castañeda was convicted of a crime in the first place — even if the conviction was overturned — is enough reason to deport them, unless (as Prasad argued in Castañeda's case) there was a flaw in the original conviction.\u003c/p>\n\u003cp>But legal experts, including the American Bar Association, say that \u003ca href=\"https://www.americanbar.org/content/dam/aba/administrative/immigration/achieving_americas_immigration_promise.pdf\">Attorney General Merrick Garland — who oversees the immigration court system — has the authority to overrule those decisions\u003c/a> and honor state criminal justice reforms. They argue Congress didn’t intend for immigrants to be deported for minor offenses, and they’ve called on Garland to return to that standard.\u003c/p>\n\u003cp>“We’ve met with top leadership within the Department of Justice,” said Cahn of the Immigrant Legal Resource Center. “We have carried out this advocacy in both informal and formal ways through these meetings with administration officials, as well as in the courtrooms themselves, where we’re making arguments in front of immigration judges.”\u003c/p>\n\u003cp>The Department of Justice did not respond to KQED’s repeated requests for comment.\u003c/p>\n\u003cfigure id=\"attachment_11939162\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939162\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg\" alt=\"Two Latina women sit on a couch in a living room and chat.\" width=\"800\" height=\"571\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1020x728.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1536x1097.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda (right) chats with her aunt, Virginia Reyes, in the living room of her new apartment in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In addition, immigrant advocates are calling on the Biden administration to move away from the harsh approach to immigration enforcement pursued by ICE in the Trump era.\u003c/p>\n\u003cp>“ICE can just say we’re not going to choose to go after and deport these people,” said Prasad. “We don't need Congress to even step in here and fix it. It’s just one of those things that the Biden administration can just fix tomorrow.”\u003c/p>\n\u003cp>Advocates are also trying to close the loophole here in California and force the state prison system to stop transferring people to ICE in the first place. A bill to do that, called the \u003ca href=\"https://www.kqed.org/news/11924388/effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session\">Vision Act\u003c/a>, failed in the Legislature last year. But Prasad says Newsom has the power to order the California Department of Corrections and Rehabilitation to make the change.\u003c/p>\n\u003cp>“The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities,” he said. “California needs to make a choice about if it’s going to stand by these reforms, or if it’s going to continue to turn people who have been ordered released over to ICE.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This story has been updated to include a statement from CoreCivic.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"After serving 19 years in prison for a murder she didn't commit, then another year in immigration detention after prison officials transferred her to ICE, Sandra Castañeda saw her conviction vacated, and an immigration judge ruled there are no grounds to deport her — but ICE is appealing.","status":"publish","parent":0,"modified":1676166849,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":114,"wordCount":5384},"headData":{"title":"California Overturned Her Murder Conviction. ICE Still Wants to Deport Her | KQED","description":"After serving 19 years in prison for a murder she didn't commit, then another year in immigration detention after prison officials transferred her to ICE, Sandra Castañeda saw her conviction vacated, and an immigration judge ruled there are no grounds to deport her — but ICE is appealing.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Overturned Her Murder Conviction. ICE Still Wants to Deport Her","datePublished":"2023-01-27T19:50:09.000Z","dateModified":"2023-02-12T01:54:09.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"audioUrl":"https://www.podtrac.com/pts/redirect.mp3/traffic.megaphone.fm/KQINC6342854612.mp3?updated=1674771558","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11938736/the-state-overturned-her-murder-conviction-but-ice-still-wants-to-deport-her-this-california-woman-is-caught-in-a-legal-tug-of-war","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>On the morning of July 27, 2021, Sandra Castañeda woke with a mixture of elation and dread. She was about to be released from prison after 19 years. What she wanted more than anything was to walk out of the California Institution for Women in Chino and head home for a reunion with her family in Los Angeles. She had imagined this day for so long.\u003c/p>\n\u003cp>“As a lifer, you want to get out of prison so bad,” she said. “But when it's there, you freak out,” wondering what freedom will be like, she said.\u003c/p>\n\u003cp>Castañeda, then 39, had spent nearly half of her life behind bars. She’d been sentenced to 40 years to life for murder, even though she didn’t actually kill anyone.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11924388,news_11923465,news_11909454"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>While Castañeda was in prison, California had enacted a series of criminal justice reforms, including one that allowed her to be resentenced. A Superior Court judge in Los Angeles had vacated Castañeda’s murder conviction and ordered her release.\u003c/p>\n\u003cp>But Castañeda didn’t walk free. Instead, she was loaded into a white van operated by U.S. Immigration and Customs Enforcement (ICE).\u003c/p>\n\u003cp>Castañeda’s story highlights how noncitizens, even longtime legal residents with green cards like Castañeda, are routinely funneled from state prison into the federal deportation system — even after the convictions that would make them deportable have been overturned. In a clash with state policy, legal records show, ICE and the federal immigration courts are disregarding state reforms that are letting people out of prison and dismissing old convictions.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>With the help of others familiar with her case, Castañeda, a woman with a cascade of dark curls and an infectious laugh, explained how that July day unfolded and what it meant — for her, and potentially for thousands of other noncitizens who have had their convictions dismissed.\u003c/p>\n\u003ch2>From prison to ICE custody\u003c/h2>\n\u003cp>At 8 a.m., Colby Lenz, an advocate with the California Coalition for Women Prisoners, pulled into the parking lot of the prison in Chino, to await Castañeda’s release and give her a ride home.\u003c/p>\n\u003cp>But at 9 a.m. she watched as the guard in the tower opened the prison gate and the white ICE van rolled in. She saw guards walk Castañeda out and load her into the van. Lenz says Castañeda’s friends inside the facility were watching, too.\u003c/p>\n\u003cp>“Some of Sandra's close friends had come as close as they could to this area and were calling out to her,” she said. “They were basically telling her that they loved her, and were certainly distressed at what they were seeing.”\u003c/p>\n\u003cp>The van drove Castañeda to the ICE field office in San Bernardino. Lenz followed in her car. By 10 a.m. Castañeda was in a holding cell and Lenz was making urgent calls to Anoop Prasad, an immigration lawyer with the Asian Law Caucus in San Francisco, who agreed to take on Castañeda’s immigration case pro bono.\u003c/p>\n\u003cfigure id=\"attachment_11939152\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt='A south Asian man in a green sweater and jeans stands outside an office with \"Advancing Justice\" written on the window.' width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Anoop Prasad poses for a portrait outside the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Anoop and I were tag teaming, calling the ICE office,” said Lenz. “We both talked to some of the officers there, trying to convince them that this was not a legal detention.”\u003c/p>\n\u003cp>Prasad said he even convinced the LA County District Attorney’s Office, which had originally prosecuted Castañeda, to call ICE and explain that her murder conviction had been vacated. But ICE seemed determined to keep her in custody.\u003c/p>\n\u003ch2>Gang friendships and a shooting\u003c/h2>\n\u003cp>Castañeda’s original conviction was connected to a murder that took place in 2002, when a teenage girl was shot and killed — and Castañeda was there. But the events of that night are rooted in the early chapters of her story.\u003c/p>\n\u003cp>Long before Castañeda was born, her family straddled the border with Mexico. Her grandmother was born in the U.S. Her mother and father were from the Mexican border city of Mexicali. When Castañeda was a little girl, the family spent time in both countries. Eventually her parents settled in LA, leaving her and her older sister with relatives in Mexicali. By the time Castañeda was 9, her parents had separated and her mother had started a new family. But an aunt and uncle in LA brought Castañeda and her sister to the U.S. on green cards, raising them along with their own children.\u003c/p>\n\u003cfigure id=\"attachment_11939173\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939173\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg\" alt=\"The image of a young Latina girl of kindergarten age wearing a white dress.\" width=\"800\" height=\"888\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1020x1132.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-160x178.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1384x1536.jpeg 1384w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1845x2048.jpeg 1845w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda at her kindergarten graduation. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That aunt, Virginia Reyes, remembers Castañeda as a quiet kid who didn’t cause trouble.\u003c/p>\n\u003cp>“Sandrita was totally calm,” said Reyes in Spanish. “She was not a difficult girl.”\u003c/p>\n\u003cp>Reyes and her husband ran a clothing factory in South Central LA, assembling garments for the fashion industry. They called it Sandra’s Fashions. They employed more than 20 workers, Reyes said.\u003c/p>\n\u003cp>Reyes and her husband put in really long hours, building the business to support the family. That left Castañeda to fend for herself a lot as a kid.\u003c/p>\n\u003cp>“They’d leave early, they’d come home real late,” she said. “They’d work seven days a week. So it was always work, work, work, work.”\u003c/p>\n\u003cp>Being involved with the family business taught her a strong work ethic, Castañeda said. But the uncertain bonds of her childhood also left her yearning for a sense of belonging.\u003c/p>\n\u003cp>In junior high school, Castañeda made friends with some tough kids who were part of a gang. Her aunt tried to protect her by putting her in a Catholic school. But it didn’t help.\u003c/p>\n\u003cfigure id=\"attachment_11939177\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939177\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg\" alt=\"A Latina girl sips a soft drink with white dress on and long brown hair.\" width=\"800\" height=\"1067\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1020x1360.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-160x213.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1152x1536.jpeg 1152w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1536x2048.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-scaled.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda, age 12, sips a soft drink. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda never got in trouble with the law. But that changed on the night of May 10, 2002, when she was 20. Castañeda later testified that she was driving some friends to Taco Bell in her van around midnight, when a guy in the van told her to slow down. Then suddenly, he started firing out the window.\u003c/p>\n\u003cp>Castañeda is cautious when talking about the crime, because, even two decades later, she’s worried about gang retaliation. So KQED has agreed not to use the names of the victims or the names or gang monikers of those involved in the shooting. And Castañeda asked that Prasad, her immigration lawyer, be the one to describe what happened.\u003c/p>\n\u003cp>“One of the people in the van thought they saw someone in the neighborhood who was from a rival gang,” Prasad told me. “He asked her to slow down, and she — didn't really know what was going on — slowed down. The person pulled out a gun and started shooting from the car.”\u003c/p>\n\u003cp>The bullets hit two teenagers who were sitting on the front steps of an apartment building in South Central. An 18-year-old was shot in the leg — and he recovered. But the 15-year-old girl beside him was killed. In a panic, Castañeda drove on.\u003c/p>\n\u003cp>“She stopped a couple of blocks later,” Prasad recounted. “Police were already there on the scene. And she was the only one who was arrested. Everyone else ran away.”\u003c/p>\n\u003cp>Castañeda was taken to jail. A California law at the time — known as the felony murder rule — said that if a person dies while a felony is being committed, anyone involved could be found guilty of murder, whether or not they intended or committed the killing. Under the law, prosecutors charged Castañeda with murder because she was driving the van, even though she herself didn’t kill anyone.\u003c/p>\n\u003cp>“It was a tough-on-crime era,” said Prasad. “Across the state, anyone who was remotely connected or even present at the scene would [often] get hit with a murder charge … So I think the DA just aggressively prosecuted and used this overly broad theory to charge her with murder.”\u003c/p>\n\u003cfigure id=\"attachment_11939247\" class=\"wp-caption alignright\" style=\"max-width: 720px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11939247\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg\" alt=\"A Latina family spanning three generations smile at the camera.\" width=\"720\" height=\"514\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg 720w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001-160x114.jpeg 160w\" sizes=\"(max-width: 720px) 100vw, 720px\">\u003cfigcaption class=\"wp-caption-text\">Castañeda with her mother, her sister and her sister's children on a prison visit in 2016. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda went on trial. But her aunt didn’t think the police detectives were doing enough to find the actual killer.\u003c/p>\n\u003cp>“I tried to be a detective myself,” recalled Reyes. “I went places I never imagined going, trying to track down the person who had done this. I even went to parties, dressing up to look younger. I put up fliers around town with his photo on them.”\u003c/p>\n\u003cp>Reyes had no luck — until one day, after the trial was over, she says she saw the man at a car wash. She was afraid he would recognize her, but she pulled over and got on the phone.\u003c/p>\n\u003cp>“I called the police and I called the lawyer. And they just replied, ‘Oh, the case is closed.’” she said. “I couldn’t believe it. I felt so powerless.”\u003c/p>\n\u003cp>The LA Police Department now says the case is still open. But no one else has ever been arrested or prosecuted for the shooting, according to officials at the LA County District Attorney’s Office.\u003c/p>\n\u003cp>Castañeda was convicted of second-degree murder and attempted murder. The sentence came with enhancements because a gun was used in the killing, and there was gang involvement: 40 years to life behind bars.\u003c/p>\n\u003cp>Reyes says when she heard the verdict, she was in shock. Castañeda had no criminal history and insisted she hadn’t planned to hurt anyone. Reyes expected her niece to face punishment, but not more than a couple of years.\u003c/p>\n\u003cp>“How was it possible that this person was still walking free and Sandra was going to be locked up for so many years?” Reyes wondered.\u003c/p>\n\u003ch2>Coming of age behind bars\u003c/h2>\n\u003cp>At first when Castañeda went to prison, back in 2003, she was angry. But over time she developed a new perspective on the crime.\u003c/p>\n\u003cp>“It was not a planned situation — it just kind of happened. But I still feel that I did have a part because I was the driver,” she said. “So today I know that back then I had choices. But as a young person, I didn't know that I did ... Today I do understand and I take full responsibility for my part.”\u003c/p>\n\u003cp>In prison, Castañeda sought out peer support groups. She took college courses. She worked in the carpentry, paint and auto shops, learning new skills and finding satisfaction in physical work. She also became a leader in the hospice program, caring for women who were dying in prison.\u003c/p>\n\u003cp>“I got to know who I was as a person, so I'm not bitter at all,” she said. “Prison made me the woman that I am today.”\u003c/p>\n\u003cp>Castañeda — once a shy child — learned she’s resilient and a go-getter. She learned not to be afraid to speak up for what she believes and to advocate for others.\u003c/p>\n\u003ch2>'[T]here's always that little hope ... '\u003c/h2>\n\u003cp>Then, in 2018, something happened that Castañeda never expected.\u003c/p>\n\u003cp>The California Legislature \u003ca href=\"https://www.kqed.org/news/11685094/not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law\">dramatically restricted\u003c/a> the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1437\">felony murder rule\u003c/a>, the law that led to her conviction. Lawmakers cited the injustice of a law that disproportionately affected women and people of color. State courts had even questioned whether the old law was constitutional. The reform was part of a \u003ca href=\"https://www.kqed.org/news/11714104/jerry-brown-will-leave-lasting-impact-on-criminal-justice-in-california\">broader movement in California\u003c/a> and elsewhere to reduce mass incarceration and over-punishment.\u003c/p>\n\u003cp>For Castañeda, it meant she could ask a judge to vacate her murder conviction and give her a new sentence. A Stanford University law clinic connected her with a pro bono lawyer who helped her petition for resentencing. The head of the state prison system even wrote a letter of support.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'How was it possible that this person was still walking free and Sandra was going to be locked up for so many years?'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Virginia Reyes, aunt of Sandra Castañeda","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Castañeda tried to manage her expectations. As a lifer, she knew she might die in prison.\u003c/p>\n\u003cp>“But I mean, there's always that little hope in there, you know? I think as human beings, we want to believe that something good is going to come out,” she said.\u003c/p>\n\u003cp>Trying all her options, Castañeda also applied for clemency from Gov. Gavin Newsom. And in Nov. 2020, recognizing her rehabilitation, \u003ca href=\"https://drive.google.com/drive/u/0/folders/1xG8ED1L6wFFaizn1W5KwboN16e2bniOh\">Newsom commuted her sentence\u003c/a>, making her immediately eligible for parole.\u003c/p>\n\u003cp>Then, something even bigger happened. In July of 2021, a California judge approved her petition for resentencing and dismissed her murder conviction entirely, giving her a much lesser charge, accessory after the fact. Finally, Castañeda was ordered released. She couldn’t stop crying.\u003c/p>\n\u003cp>“I was worse than the Llorona,” she said. “I just couldn't believe it.”\u003c/p>\n\u003ch2>A green card is a privilege\u003c/h2>\n\u003cp>California’s criminal justice system was saying Castañeda could go home and start to build a life as a free woman. But the federal system had a different goal. Under U.S. immigration law, having a green card is a privilege that can be taken away. So if an immigrant who’s not a citizen, even a lawful permanent resident like Castañeda, commits certain crimes, they can lose their legal status and be deported.\u003c/p>\n\u003cfigure id=\"attachment_11939179\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939179\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt=\"A south Asian man seen from behind talking to a woman through his computer, the woman's face is visible on the screen.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Lawyer Anoop Prasad speaks with Sandra Castañeda through a video call, in the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The list of deportable crimes — known as \u003ca href=\"https://www.americanimmigrationcouncil.org/research/aggravated-felonies-overview\">aggravated felonies\u003c/a> — has grown longer over the years. Notably, in the 1990s President Bill Clinton signed two laws that \u003ca href=\"https://www.theatlantic.com/ideas/archive/2019/11/time-bill-clinton-apologize-immigrants/601579/\">vastly expanded the number\u003c/a>.\u003c/p>\n\u003cp>Today, advocates note, people can lose their green cards for a laundry list of reasons, like shoplifting, drug charges and failure to appear in court. Yet some of these have actually been decriminalized by states like California.\u003c/p>\n\u003cp>“California over the last decade or so has recognized that the lock-’em-up mentality … led to a ballooning of our prison and jail population, but didn’t actually result in safer communities,” said Rose Cahn, attorney with the Immigrant Legal Resource Center in San Francisco.\u003c/p>\n\u003cp>She says the way federal immigration law is enforced should recognize state criminal justice reforms.\u003c/p>\n\u003cp>“A conviction that's been dismissed at the state level — where you have DAs of all political stripes saying, ‘Hey, this doesn't need to be on someone's record’ — should not be on someone's record, plain and simple,” said Cahn.\u003c/p>\n\u003cp>But that’s not happening. ICE lawyers are still pushing to deport people like Castañeda, based on convictions that have been reduced or even dismissed. And they’re backed up by rulings in the federal immigration courts that say immigrants are still deportable if their conviction and sentence was reduced, unless the change was “based on a procedural or substantive defect in the underlying criminal proceeding.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'These people are still messing with my life, even though I already paid for my crime.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Sandra Castañeda","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The number of people caught in this situation isn’t tracked by any agency, but some immigration experts estimate it affects thousands nationally.\u003c/p>\n\u003cp>An ICE spokesperson, who declined to be named, said the agency’s officers make decisions about who to pursue “in a responsible manner, informed by their experience as law enforcement professionals and in a way that best protects against the greatest threats to the homeland.” And she noted that ICE prosecutors can and do exercise discretion in deciding whether to prosecute individual cases.\u003c/p>\n\u003cp>In California, a sanctuary law prevents police and sheriffs from cooperating in immigration enforcement in most cases. But there’s a broad loophole for prisons. So the California Department of Corrections and Rehabilitation, the state prison system, notifies ICE when they take in anyone who’s foreign born, then accommodates ICE requests to interview and take custody of immigrants at the time of their release, documents show. More than 1,600 people were turned over from California prisons to ICE in 2020, according to CDCR data obtained by the ACLU.\u003c/p>\n\u003cp>“Their policy is that they will report anyone who's not born in the U.S. and they will actively work to turn over anyone that ICE says they want to come and arrest … even if the person has been exonerated,” said Prasad. “It's really just an absurd policy.”\u003c/p>\n\u003cp>State prison officials say it’s not their job to decide whether someone’s deportable. They say they simply comply when ICE issues a \u003ca href=\"https://www.ice.gov/features/detainers\">detainer\u003c/a>, a request to hold an incarcerated person for transfer.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'ICE can just say we're not going to choose to go after and deport these people. We don't need Congress to even step in here and fix it. It's just one of those things that the Biden administration can just fix tomorrow.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Anoop Prasad, immigration lawyer, Asian Law Caucus","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“CDCR responds to detainers from all law enforcement agencies including local, state, and federal,” said CDCR spokesperson Vicky Waters.\u003c/p>\n\u003cp>As a result, immigrants who’ve served their prison sentences — and even those like Castañeda, who’ve been exonerated of crimes — get caught between the state, which aims to let them rejoin society, and the federal government, which wants to lock them up and deport them.\u003c/p>\n\u003ch2>Detained and shipped to Georgia\u003c/h2>\n\u003cp>For Castañeda, all this meant that on the day she was released from prison after serving 19 years — for a murder she herself didn’t commit — a new legal battle was just beginning.\u003c/p>\n\u003cp>As she sat in a holding cell at the ICE field office in San Bernardino that July morning in 2021, agents were trying to figure out where to send her.\u003c/p>\n\u003cp>“I was on the phone with the deportation officer, and he's saying, ‘I don't know if we're going to find a bed. And if we don't, I will release her on an ankle monitor,’” said Prasad.\u003c/p>\n\u003cp>Around 3 p.m. an officer did come and attach an electronic GPS monitor to her ankle, Castañeda said, to release her from detention but keep her under surveillance. She began to think she might be able to go home after all. But the hours ticked by.\u003c/p>\n\u003cp>“And then he came back and said, ‘Give me your leg. I'm going to cut that off of you.’ And I was like, ‘Why?’ And he said, ‘Because I found you a spot,’” Castañeda recounted.\u003c/p>\n\u003cp>Castañeda’s hopes of freedom were dashed. She would be shipped 3,000 miles away from her family, to a facility in Georgia.\u003c/p>\n\u003cp>At 9 p.m., Castañeda was transferred to an ICE office in LA. She said she spent much of the night sitting on a hard bench.\u003c/p>\n\u003cp>At 3 a.m., agents drove her to the airport and handed her off to two plainclothes officers who took her on an early morning flight to Atlanta. She still hadn’t been able to talk to her lawyer, Prasad.\u003c/p>\n\u003cp>“I got a call from her the next day that she was in Georgia,” he said. “I knew it was probably Stewart. And immediately my heart sank a little.”\u003c/p>\n\u003cp>Stewart Detention Center in Lumpkin, Georgia, is operated for ICE by a private prison company called CoreCivic. Detainees and their families have sued repeatedly over \u003ca href=\"https://www.business-humanrights.org/en/latest-news/immigration-detainees-cite-deplorable-conditions-inside-stewart-facility-in-lawsuit/\">filthy, overcrowded conditions\u003c/a>; in-custody \u003ca href=\"https://www.ajc.com/news/breaking-news/family-detainee-who-hanged-himself-georgia-lockup-suing-ice/QYZReZLtc2uQ930XO9ZfxJ/\">death\u003c/a>; \u003ca href=\"https://www.ajc.com/news/georgia-news/ice-detainees-say-they-were-forced-into-labor-in-ga-file-lawsuit/ECLTIVQNMVE6LKOFKXQBWCCVUA/\">forced labor\u003c/a> and \u003ca href=\"https://theintercept.com/2022/07/13/ice-stewart-detention-sexual-misconduct/\">sexual assaults\u003c/a> by medical staff.\u003c/p>\n\u003cp>“They put me on a plane and sent me to the worst one that they could send me to,” said Castañeda. “It was scary.”\u003c/p>\n\u003cp>Immigration detention is not punishment for a crime. It’s civil detention of people awaiting deportation hearings. But Castañeda found conditions at Stewart a lot worse than a California prison. She was stuck in one room with 23 other people. She didn’t have a job or classes or a routine.\u003c/p>\n\u003cp>“There’s a lot of mold in there. Sometimes it'll be hot. Sometimes it'll be freezing,” she said. “It’s a bad place to do time.”\u003c/p>\n\u003cp>An ICE spokesperson assured KQED the facility has passed inspections and meets ICE detention standards, adding, “ICE is committed to ensuring that all those in the agency’s custody reside in safe, secure and humane environments.”\u003c/p>\n\u003cp>In an emailed statement to KQED, CoreCivic spokesman Ryan Gustin said, “the safety, health and well-being of the individuals entrusted to our care is our top priority.” He added that the company does not “cut corners on care, staff or training” to meet federal standards. \u003c/p>\n\u003ch2>'The system ... is designed to wear people down'\u003c/h2>\n\u003cp>While Castañeda was adjusting at Stewart, Prasad went into overdrive. He filed briefs in immigration court to try to get her released. But ICE lawyers fought him at every turn.\u003c/p>\n\u003cp>“Rather than acknowledging that a state court had vacated the conviction, ICE aggressively pursued deportation,” he said.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Anoop Prasad, immigration lawyer, Asian Law Caucus","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>And Prasad had a new worry. When Castañeda’s murder conviction was vacated, the judge had given her a lesser charge, accessory after the fact. In most of the country, that’s considered an aggravated felony. However, the 9th U.S. Circuit Court of Appeals has ruled it is not. As long as Castañeda was in California, where the 9th Circuit holds sway, her crime wasn’t grounds for deportation. But she had been sent off to Georgia.\u003c/p>\n\u003cp>And Prasad was afraid that, as the weeks turned into months, Castañeda would get so discouraged, so weary of living behind bars, that she'd give up and let ICE deport her. That’s what happens to a lot of immigrants in detention, he said.\u003c/p>\n\u003cp>“The system at every step is designed to wear people down,” he said.\u003c/p>\n\u003cp>But Castañeda was not giving up. In fact, she had found a new sense of purpose. During her years in California prisons, she learned advocacy skills. And in Georgia, she wasn’t afraid to speak up.\u003c/p>\n\u003cp>She says she challenged guards when they spoke disrespectfully to the detained women. She filed grievances over violations of the Prison Rape Elimination Act. She questioned the COVID protocols, pushed for testing and social-distancing measures when women got sick. And, being bilingual, Castañeda stepped in to advocate for the women who spoke only Spanish.\u003c/p>\n\u003cp>“One of the counselors told me to stop helping those people, that they needed to do things for themself. And I told her, ‘Well, they don't speak English and … I'm only asking for toilet paper, shampoo,’” she said.\u003c/p>\n\u003cp>Lenz stayed in touch with Castañeda through video calls. She said Castañeda showed her surgical masks that other detained women had doctored up to read: #freesandra.\u003c/p>\n\u003cp>“She was kind of embarrassed that they were doing this,” Lenz said. “But it showed that she was part of building more of a collective culture there, a culture of standing up for each other.”\u003c/p>\n\u003cp>Castañeda had spent nearly a year in ICE detention when, finally, she got some welcome news. The California judge who had resentenced Castañeda had reviewed Prasad’s request to revisit her ruling and, “based on legal error,” reduced Castañeda’s sentence even further — to disturbing the peace, a misdemeanor that’s not considered a deportable crime anywhere in the country.\u003c/p>\n\u003cp>Then, at her hearing in July 2022, an immigration judge in Georgia ruled Castañeda was not deportable.\u003c/p>\n\u003cp>She was thrilled to think she could go free. But she had been on this roller coaster before.\u003c/p>\n\u003cp>“I was excited and I started feeling like, ‘Oh, my God, do I get happy?’” Castañeda said. “It was just, like, the mixed emotions again.”\u003c/p>\n\u003cp>Sure enough, ICE’s lawyers said they planned to appeal — and they wanted to keep Castañeda locked up while they did. Weeks went by before she could get a hearing where Prasad asked the judge to release her on bond.\u003c/p>\n\u003cp>“When the judge made the decision that he was going to give it to me, I just started crying,” she recalled.\u003c/p>\n\u003ch2>Finally free after 20 years\u003c/h2>\n\u003cp>Last August, the day that Castañeda had been awaiting for half her life finally arrived. She flew home to LA, where her family surrounded her with hugs at the airport.\u003c/p>\n\u003cp>“I didn't know if it was reality or dream,” she said. “Even my cousin, he kept looking at me like, ‘It feels like I’m dreaming, Sandra.’”\u003c/p>\n\u003cfigure id=\"attachment_11939248\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939248\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561156344__AF9A357A-03AB-499D-A66A-46599D37B04E-800x1067.jpeg\" alt=\"Four women hug at the airport.\" width=\"800\" height=\"1067\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda is greeted by her family at LA International Airport on Aug. 4, 2022, after being released from ICE detention. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda was 40 and finally free after 20 years behind bars, and she had a lot of catching up to do.\u003c/p>\n\u003cp>The California Coalition for Women Prisoners set Castañeda up in a shared apartment in LA. She was eager to show off the bathroom, “with a door you can close,” and the bedroom that’s all her own.\u003c/p>\n\u003cp>Her aunt Virginia Reyes was thrilled to have Sandra home and plied her with homemade enchiladas. But after a few days, Castañeda had a craving for Chicken McNuggets.\u003c/p>\n\u003cp>At McDonald’s, Sandra used her new cellphone to take photos of her meal to send to her friends in state prison.\u003c/p>\n\u003cp>“They always want to know, ‘What do you eat? What are you doing?’” she said. “Everybody’s so happy for me.”\u003c/p>\n\u003cp>But Castañeda also had her mind on all the tasks she needed to tackle: getting a Social Security card, signing up for Medi-Cal and applying for a driver’s license, for starters.\u003c/p>\n\u003cp>There was something ironic in it. Driving is what got Castañeda into trouble all those years ago. But today regaining her license is one concrete step in reclaiming her life, even while other things remain out of her control, like ICE’s effort to deport her.\u003c/p>\n\u003cp>“These people are still messing with my life, even though I already paid for my crime,” she said. “I try not to think about it because it’s just bad energy, you know? So I’m just focused on what I need to do right now.”\u003c/p>\n\u003cp>She’s in a reentry program and imagining jobs where she can use her own life experience to counsel other immigrants caught between state criminal reforms and federal deportation policies.\u003c/p>\n\u003cp>Castañeda hopes eventually to apply for citizenship. “I was 20 years old when I got arrested, so … I didn't know that it’s so important to be able to get that citizenship if you're able to,” she said. “Today I know better.”\u003c/p>\n\u003ch2>Pushing the Biden administration to honor state reforms\u003c/h2>\n\u003cp>But gaining citizenship depends on remaining a legal U.S. resident. ICE lawyers are still trying to take her green card and get her deported. And they could succeed.\u003c/p>\n\u003cfigure id=\"attachment_11939185\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939185\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg\" alt=\"A Latina woman with long curly dark hair and sunglasses on her head looks at the camera.\" width=\"800\" height=\"571\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1020x728.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1536x1097.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda stands outside her home in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Board of Immigration Appeals, the appellate level of the federal immigration courts, has ruled that, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3493.pdf\">most of the time (PDF)\u003c/a>, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3377.pdf\">it doesn’t matter (PDF)\u003c/a> whether a state court vacated someone’s criminal conviction. And under President Donald Trump, then-Attorney General William Barr went further, ruling that \u003ca href=\"https://www.justice.gov/eoir/page/file/1213201/download\">immigration courts can also ignore when a state reduces a person’s sentence\u003c/a>. The legal decisions say the fact that someone like Castañeda was convicted of a crime in the first place — even if the conviction was overturned — is enough reason to deport them, unless (as Prasad argued in Castañeda's case) there was a flaw in the original conviction.\u003c/p>\n\u003cp>But legal experts, including the American Bar Association, say that \u003ca href=\"https://www.americanbar.org/content/dam/aba/administrative/immigration/achieving_americas_immigration_promise.pdf\">Attorney General Merrick Garland — who oversees the immigration court system — has the authority to overrule those decisions\u003c/a> and honor state criminal justice reforms. They argue Congress didn’t intend for immigrants to be deported for minor offenses, and they’ve called on Garland to return to that standard.\u003c/p>\n\u003cp>“We’ve met with top leadership within the Department of Justice,” said Cahn of the Immigrant Legal Resource Center. “We have carried out this advocacy in both informal and formal ways through these meetings with administration officials, as well as in the courtrooms themselves, where we’re making arguments in front of immigration judges.”\u003c/p>\n\u003cp>The Department of Justice did not respond to KQED’s repeated requests for comment.\u003c/p>\n\u003cfigure id=\"attachment_11939162\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939162\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg\" alt=\"Two Latina women sit on a couch in a living room and chat.\" width=\"800\" height=\"571\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1020x728.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1536x1097.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda (right) chats with her aunt, Virginia Reyes, in the living room of her new apartment in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In addition, immigrant advocates are calling on the Biden administration to move away from the harsh approach to immigration enforcement pursued by ICE in the Trump era.\u003c/p>\n\u003cp>“ICE can just say we’re not going to choose to go after and deport these people,” said Prasad. “We don't need Congress to even step in here and fix it. It’s just one of those things that the Biden administration can just fix tomorrow.”\u003c/p>\n\u003cp>Advocates are also trying to close the loophole here in California and force the state prison system to stop transferring people to ICE in the first place. A bill to do that, called the \u003ca href=\"https://www.kqed.org/news/11924388/effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session\">Vision Act\u003c/a>, failed in the Legislature last year. But Prasad says Newsom has the power to order the California Department of Corrections and Rehabilitation to make the change.\u003c/p>\n\u003cp>“The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities,” he said. “California needs to make a choice about if it’s going to stand by these reforms, or if it’s going to continue to turn people who have been ordered released over to ICE.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This story has been updated to include a statement from CoreCivic.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11938736/the-state-overturned-her-murder-conviction-but-ice-still-wants-to-deport-her-this-california-woman-is-caught-in-a-legal-tug-of-war","authors":["259"],"programs":["news_26731"],"categories":["news_1169","news_6188","news_8"],"tags":["news_1628","news_1629","news_18123","news_27626","news_21027","news_20202","news_23454"],"featImg":"news_11939314","label":"news_26731"},"news_11933511":{"type":"posts","id":"news_11933511","meta":{"index":"posts_1591205157","site":"news","id":"11933511","score":null,"sort":[1669780716000]},"guestAuthors":[],"slug":"mass-bay-area-tech-layoffs-thrust-thousands-of-h-1b-visa-holders-into-frantic-job-hunt","title":"Mass Bay Area Tech Layoffs Thrust Thousands of H-1B Visa Holders Into Frantic Job Hunt","publishDate":1669780716,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003ca href=\"https://layoffs.fyi/\">Mass layoffs\u003c/a> have pitched thousands of Bay Area workers into a desperate search to find another employer before they’re required to self-deport.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Vidhi Agrawal, commercial operations director, Databricks\"]'It's a sudden thing that happens, and you have family, you have kids here, who've grown up here. And to uproot, sell everything and move back to your home country, within two months. For any human, any individual, it's hard.'[/pullquote]An unemployed H-1B visa holder has to find a new employer, or “sponsor,” within 60 days, or leave the country. Thousands of Bay Area tech and biotech workers have surged onto sites like LinkedIn, frantically looking for friendly faces, like 36-year-old \u003ca href=\"https://www.linkedin.com/in/vidhiagrawal/\">Vidhi Agrawal\u003c/a> of San Francisco.\u003c/p>\n\u003cp>An H-1B visa holder herself, Agrawal works at the San Francisco software company Databricks. She and a friend have been running an informal database linking H-1B visa holders with prospective employers. In the last two weeks, the off-hours project has exploded from roughly 50 friends and acquaintances to over 500 people nationwide. She’s also in contact with about 100 hiring managers and recruiters from multiple companies.\u003c/p>\n\u003cp>“It’s a sudden thing that happens, and you have family, you have kids here, who’ve grown up here,” said Agrawal. “And to uproot, sell everything and move back to your home country, within two months. For any human, any individual, it’s hard.” To make matters worse, \u003ca href=\"https://www.kqed.org/news/11913665/200000-documented-dreamers-are-literally-waiting-a-lifetime-for-a-green-card\">many Indian H-1B holders are in a years-long queue to get a green card\u003c/a>, and leaving the country is tantamount to letting go of a huge investment of time and patience.\u003c/p>\n\u003cp>Agrawal added that H-1B visa workers are always particularly vulnerable to layoffs. “We did sign up for this. When we come on work visas, we know what we’re signing up for. It’s not, like, things have changed on us,” she said.[aside postID=\"news_11913665,news_11931311,forum_2010101891200\" label=\"Related Posts\"]\u003c/p>\n\u003cp>At the very least, \u003ca href=\"https://www.immihelp.com/h-1b-visa-layoff-and-60-days-grace-period/\">employers are required to notify federal immigration authorities and cover the cost of a plane flight back to the home country\u003c/a> when they lay off H-1B workers. Many companies, however, offer more support than that.\u003c/p>\n\u003cp>Remarking on the mass layoffs at Meta, \u003ca href=\"https://about.fb.com/news/2022/11/mark-zuckerberg-layoff-message-to-employees/\">Mark Zuckerberg, for instance, wrote\u003c/a>, “I know this is especially difficult if you’re here on a visa. There’s a notice period before termination and some visa grace periods, which means everyone will have time to make plans and work through their immigration status. We have dedicated immigration specialists to help guide you based on what you and your family need.” Private attorneys, of course, are eager to help for a fee.\u003c/p>\n\u003cp>\u003ca href=\"https://www.lyft.com/blog/posts/an-update-on-our-team\">Lyft\u003c/a> offers those on visas \u003ca href=\"https://www.lyft.com/blog/posts/an-update-on-our-team\">the option to extend employment (with no expectation to work)\u003c/a> for an additional eight weeks in lieu of eight weeks of severance.\u003c/p>\n\u003cp>“That's a huge benefit, because it means they have a greater time runway,” said Sophie Alcorn, who runs \u003ca href=\"https://www.alcorn.law/\">Alcorn Immigration Law\u003c/a> in Mountain View and writes about immigration for \u003ca href=\"https://techcrunch.com/2022/11/07/dear-sophie-how-can-i-stay-in-the-us-if-ive-been-laid-off/\">TechCrunch\u003c/a>.\u003c/p>\n\u003cp>“A lot of the laid-off tech workers have plenty of savings. They could find another job eventually. But getting through the holiday season with Thanksgiving just now and the December holidays, plus the hiring freezes, it's going to be really hard to get an offer within the 60-day grace period that would allow the future employer to have enough prep time to do the three to four weeks of work that it takes to get an H-1B ready for filing with the government,” she said.\u003c/p>\n\u003cp>A number of people familiar with American immigration law say the 60-day grace period doesn't accurately reflect the panic many workers and their families are in right now because of the paperwork involved in transitioning to a new job. “There's a whole prefiling subcomponent with a totally different government agency besides USCIS (United States Citizenship and Immigration Services) and the Department of Homeland Security,” Alcorn explained.\u003c/p>\n\u003cp>“You have to get a certified labor condition application approved with the Department of Labor. Plus, many of the companies that have the funds to hire right now are early stage tech companies who listen to their venture capitalists and preserve their cash. So now they can hire, which is great. But if they're new to the immigration process, getting set up as a petitioning employer takes additional time. So I've been advising people to try to get interviews as soon as possible and, if at all possible, try to accept an offer before the end of the first month of the H-1B grace period.”\u003c/p>\n\u003cp>“I’ve been lucky, for the most part,” said 39-year-old \u003ca href=\"https://www.linkedin.com/in/gutgutia/\">Abhishek Gutgutia\u003c/a> of San José. “Companies I’ve worked with have been wonderful. But there are definitely companies out there who take advantage of immigrant workers, H1-B workers, because they are afraid of losing status, or they just don’t know, and that’s not OK.”\u003c/p>\n\u003cp>Gutgutia arrived in the U.S. in 2012 to get his MBA. After graduation, he got an H-1B, then transitioned to an \u003ca href=\"https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1\">EB1-A\u003c/a>, and got a green card after 10 years of waiting.\u003c/p>\n\u003cp>The entrepreneur saw the mass layoffs as an opportunity to start a new company, \u003ca href=\"http://www.gozeno.io/\">Zeno\u003c/a>, which he characterizes as TurboTax for DIY-minded immigrants. “I’ve been on H-1B visa in the past,” said Gutgutia. “So I know the pain points all too well, which also inspired me to start this venture.”\u003c/p>\n\u003cp>Is there any chance of a fix, even a temporary one, in Washington D.C.? Alcorn says she’s talking about it with lawmakers and professional associations. “We're putting together a coalition to request executive action to temporarily extend the 60-day grace period for this group of people to 180 days, so that there's more time runway to stay in the country and look for other jobs, or self-petition green cards or, without illegally working, create a funded start-up that could then be their employer in the future.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Mass layoffs have pitched thousands of Bay Area H-1B visa holders into a desperate search to find another employer, or 'sponsor,' within 60 days before they're required to self-deport. ","status":"publish","parent":0,"modified":1669845788,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":1063},"headData":{"title":"Mass Bay Area Tech Layoffs Thrust Thousands of H-1B Visa Holders Into Frantic Job Hunt | KQED","description":"Mass layoffs have pitched thousands of Bay Area H-1B visa holders into a desperate search to find another employer, or 'sponsor,' within 60 days before they're required to self-deport. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Mass Bay Area Tech Layoffs Thrust Thousands of H-1B Visa Holders Into Frantic Job Hunt","datePublished":"2022-11-30T03:58:36.000Z","dateModified":"2022-11-30T22:03:08.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11933511 https://ww2.kqed.org/news/?p=11933511","disqusUrl":"https://ww2.kqed.org/news/2022/11/29/mass-bay-area-tech-layoffs-thrust-thousands-of-h-1b-visa-holders-into-frantic-job-hunt/","disqusTitle":"Mass Bay Area Tech Layoffs Thrust Thousands of H-1B Visa Holders Into Frantic Job Hunt","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/c5c56331-d4ba-46ca-9237-af5c01351684/audio.mp3?download=true","excludeFromSiteSearch":"Include","path":"/news/11933511/mass-bay-area-tech-layoffs-thrust-thousands-of-h-1b-visa-holders-into-frantic-job-hunt","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://layoffs.fyi/\">Mass layoffs\u003c/a> have pitched thousands of Bay Area workers into a desperate search to find another employer before they’re required to self-deport.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It's a sudden thing that happens, and you have family, you have kids here, who've grown up here. And to uproot, sell everything and move back to your home country, within two months. For any human, any individual, it's hard.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Vidhi Agrawal, commercial operations director, Databricks","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>An unemployed H-1B visa holder has to find a new employer, or “sponsor,” within 60 days, or leave the country. Thousands of Bay Area tech and biotech workers have surged onto sites like LinkedIn, frantically looking for friendly faces, like 36-year-old \u003ca href=\"https://www.linkedin.com/in/vidhiagrawal/\">Vidhi Agrawal\u003c/a> of San Francisco.\u003c/p>\n\u003cp>An H-1B visa holder herself, Agrawal works at the San Francisco software company Databricks. She and a friend have been running an informal database linking H-1B visa holders with prospective employers. In the last two weeks, the off-hours project has exploded from roughly 50 friends and acquaintances to over 500 people nationwide. She’s also in contact with about 100 hiring managers and recruiters from multiple companies.\u003c/p>\n\u003cp>“It’s a sudden thing that happens, and you have family, you have kids here, who’ve grown up here,” said Agrawal. “And to uproot, sell everything and move back to your home country, within two months. For any human, any individual, it’s hard.” To make matters worse, \u003ca href=\"https://www.kqed.org/news/11913665/200000-documented-dreamers-are-literally-waiting-a-lifetime-for-a-green-card\">many Indian H-1B holders are in a years-long queue to get a green card\u003c/a>, and leaving the country is tantamount to letting go of a huge investment of time and patience.\u003c/p>\n\u003cp>Agrawal added that H-1B visa workers are always particularly vulnerable to layoffs. “We did sign up for this. When we come on work visas, we know what we’re signing up for. It’s not, like, things have changed on us,” she said.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11913665,news_11931311,forum_2010101891200","label":"Related Posts "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>At the very least, \u003ca href=\"https://www.immihelp.com/h-1b-visa-layoff-and-60-days-grace-period/\">employers are required to notify federal immigration authorities and cover the cost of a plane flight back to the home country\u003c/a> when they lay off H-1B workers. Many companies, however, offer more support than that.\u003c/p>\n\u003cp>Remarking on the mass layoffs at Meta, \u003ca href=\"https://about.fb.com/news/2022/11/mark-zuckerberg-layoff-message-to-employees/\">Mark Zuckerberg, for instance, wrote\u003c/a>, “I know this is especially difficult if you’re here on a visa. There’s a notice period before termination and some visa grace periods, which means everyone will have time to make plans and work through their immigration status. We have dedicated immigration specialists to help guide you based on what you and your family need.” Private attorneys, of course, are eager to help for a fee.\u003c/p>\n\u003cp>\u003ca href=\"https://www.lyft.com/blog/posts/an-update-on-our-team\">Lyft\u003c/a> offers those on visas \u003ca href=\"https://www.lyft.com/blog/posts/an-update-on-our-team\">the option to extend employment (with no expectation to work)\u003c/a> for an additional eight weeks in lieu of eight weeks of severance.\u003c/p>\n\u003cp>“That's a huge benefit, because it means they have a greater time runway,” said Sophie Alcorn, who runs \u003ca href=\"https://www.alcorn.law/\">Alcorn Immigration Law\u003c/a> in Mountain View and writes about immigration for \u003ca href=\"https://techcrunch.com/2022/11/07/dear-sophie-how-can-i-stay-in-the-us-if-ive-been-laid-off/\">TechCrunch\u003c/a>.\u003c/p>\n\u003cp>“A lot of the laid-off tech workers have plenty of savings. They could find another job eventually. But getting through the holiday season with Thanksgiving just now and the December holidays, plus the hiring freezes, it's going to be really hard to get an offer within the 60-day grace period that would allow the future employer to have enough prep time to do the three to four weeks of work that it takes to get an H-1B ready for filing with the government,” she said.\u003c/p>\n\u003cp>A number of people familiar with American immigration law say the 60-day grace period doesn't accurately reflect the panic many workers and their families are in right now because of the paperwork involved in transitioning to a new job. “There's a whole prefiling subcomponent with a totally different government agency besides USCIS (United States Citizenship and Immigration Services) and the Department of Homeland Security,” Alcorn explained.\u003c/p>\n\u003cp>“You have to get a certified labor condition application approved with the Department of Labor. Plus, many of the companies that have the funds to hire right now are early stage tech companies who listen to their venture capitalists and preserve their cash. So now they can hire, which is great. But if they're new to the immigration process, getting set up as a petitioning employer takes additional time. So I've been advising people to try to get interviews as soon as possible and, if at all possible, try to accept an offer before the end of the first month of the H-1B grace period.”\u003c/p>\n\u003cp>“I’ve been lucky, for the most part,” said 39-year-old \u003ca href=\"https://www.linkedin.com/in/gutgutia/\">Abhishek Gutgutia\u003c/a> of San José. “Companies I’ve worked with have been wonderful. But there are definitely companies out there who take advantage of immigrant workers, H1-B workers, because they are afraid of losing status, or they just don’t know, and that’s not OK.”\u003c/p>\n\u003cp>Gutgutia arrived in the U.S. in 2012 to get his MBA. After graduation, he got an H-1B, then transitioned to an \u003ca href=\"https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1\">EB1-A\u003c/a>, and got a green card after 10 years of waiting.\u003c/p>\n\u003cp>The entrepreneur saw the mass layoffs as an opportunity to start a new company, \u003ca href=\"http://www.gozeno.io/\">Zeno\u003c/a>, which he characterizes as TurboTax for DIY-minded immigrants. “I’ve been on H-1B visa in the past,” said Gutgutia. “So I know the pain points all too well, which also inspired me to start this venture.”\u003c/p>\n\u003cp>Is there any chance of a fix, even a temporary one, in Washington D.C.? Alcorn says she’s talking about it with lawmakers and professional associations. “We're putting together a coalition to request executive action to temporarily extend the 60-day grace period for this group of people to 180 days, so that there's more time runway to stay in the country and look for other jobs, or self-petition green cards or, without illegally working, create a funded start-up that could then be their employer in the future.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11933511/mass-bay-area-tech-layoffs-thrust-thousands-of-h-1b-visa-holders-into-frantic-job-hunt","authors":["251"],"categories":["news_8"],"tags":["news_32055","news_18123","news_20526","news_22750","news_32053","news_2011","news_353","news_6176","news_5745","news_32054"],"featImg":"news_11933519","label":"news"},"news_11923465":{"type":"posts","id":"news_11923465","meta":{"index":"posts_1591205157","site":"news","id":"11923465","score":null,"sort":[1661443245000]},"guestAuthors":[],"slug":"immigrant-advocates-make-final-push-to-pass-bill-ending-prison-to-ice-transfers-in-california","title":"Immigrant Advocates Make Final Push to Pass Bill Ending Prison-to-ICE Transfers in California","publishDate":1661443245,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>California immigrant advocates are making a final push to persuade state lawmakers to pass a bill that would end the practice of transferring noncitizens to immigration custody when they’re released from jail or prison — legislation that would go further than California's existing so-called “sanctuary state” law.\u003c/p>\n\u003cp>The bill, known as the VISION Act, overwhelmingly passed the state Assembly last year but fell short of the 21 votes needed for Senate passage, so it carried over as a “two-year bill.” Now it’s awaiting a floor vote in the state Senate before the legislative session concludes at the end of August.\u003c/p>\n\u003cp>The bill’s backers are looking for support from three more senators, and they’ve been \u003ca href=\"https://vietrise.org/wp-content/uploads/sites/38/2022/08/2022.08.16_OC-Elected-Officials-Support-the-VISION-Act.pdf\">sending letters\u003c/a> and \u003ca href=\"https://sanfernandosun.com/2022/08/10/valley-organizations-urge-hertzberg-to-support-the-vision-act/\">holding rallies\u003c/a> in the districts of several Democrats still on the fence. If the session ends without a vote, the bill will die.\u003c/p>\n\u003cp>Late Tuesday, the authors made amendments to \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB937\">AB 937\u003c/a> that they hope will address concerns from Democratic senators who pulled back their support last year over opposition from law enforcement groups. One change would allow the state parole board to notify ICE if an immigrant who was released on parole is later convicted of a serious new offense.\u003c/p>\n\u003cp>At a recent press conference, Assemblymember Wendy Carrillo, the bill’s author, emphasized that it would still require incarcerated immigrants to serve their sentences. But under the VISION Act, state and local officials would no longer hand them over to U.S. Immigration and Customs Enforcement upon release, unless served with a warrant issued by a judge. State and local officials would also stop tracking the birthplace of offenders in their criminal records systems.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“If individuals have served their time, have paid their debt to society, regardless of where you are born you have a right to restart your life,” she said. “That is the societal contract that we have. And California should not be in the business of collaborating with ICE.”\u003c/p>\n\u003cp>On average, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202120220AB937\">nearly 1,600 people come out of state prison each year with an immigration hold\u003c/a> that leads to their transfer to ICE to be deported, according to an estimate by state Senate staff.[pullquote align=\"right\" size=\"medium\" citation=\"California Assemblymember Wendy Carrillo\"]'If individuals have served their time, have paid their debt to society, regardless of where you are born, you have a right to restart your life. That is the societal contract that we have.'[/pullquote]The VISION Act would close a loophole in an earlier law, the 2018 California Values Act, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB54\">SB 54\u003c/a>, sometimes known as the “sanctuary state” law, which limited police and sheriff’s departments from collaborating with U.S. Immigration and Customs Enforcement, with exceptions for a wide range of crimes, from violent felonies to certain misdemeanors. The Values Act didn’t prohibit transfers to ICE by prisons, but the VISION Act would.\u003c/p>\n\u003cp>Police and sheriff’s groups oppose the bill. They point to federal law, which says immigrants, even those who are legal with green cards, can be deported if they’ve committed a so-called “aggravated felony,” from a long list of crimes that includes some misdemeanors. And they say it’s safer for ICE to take custody of a person inside a locked facility than to arrest them at their home or a public location.\u003c/p>\n\u003cp>“This proposed legislation puts local law enforcement in a no-win situation, having to choose between state and federal laws,” the Police Officers Research Association of California said in a statement last year.\u003c/p>\n\u003cp>And in a joint statement, \u003ca href=\"https://ct3.blob.core.windows.net/21blobs/58984f34-e091-4208-93db-4e804b666038\">law enforcement groups noted that the VISION Act would prevent them\u003c/a> from notifying immigration authorities of the release of people who had served sentences for crimes such as rape, murder and torture.\u003c/p>\n\u003cp>“We are also not arguing that immigrants somehow pose any more threat than citizens or asking to involve immigration authorities in low-level offenses. However, there should be a point, in the most egregious cases, where we do not provide protections for dangerous persons from enforcement,” the statement said.\u003c/p>\n\u003cp>But advocates for the bill say it’s not California’s responsibility to do the work of immigration enforcement, and ICE can still bring deportation proceedings against someone whether or not they’re incarcerated. They point to other states — including Oregon and Illinois — which have passed laws to end most prison-to-ICE transfers.\u003c/p>\n\u003cp>“In California, we're always proud to say that we're the first when it comes to social justice,” said veteran civil rights and labor organizer Dolores Huerta. “Well, now we're not the first, because other states have already taken care of this issue. ... It’s time for us to act.”[pullquote align=\"right\" size=\"medium\" citation=\"Sandra Castañeda, Los Angeles resident\"]'I thought I would never say this, but prison is better than this place.'[/pullquote]Huerta called the transfers “double jeopardy” because people often wind up spending additional months or years in ICE detention, where it’s more difficult to mount a defense against deportation.\u003c/p>\n\u003cp>Los Angeles resident Sandra Castañeda lived through that. When her conviction for a murder she didn’t commit was vacated last summer, she thought she’d be going home after 19 years in prison. Instead, she was handed to ICE and held for a year in a private detention center in rural Georgia. She said she saw many women there give up their cases in desperation and accept deportation, because they couldn’t bear the conditions.\u003c/p>\n\u003cp>“I thought I would never say this, but prison is better than this place,” Castañeda said last month in a phone call from the Stewart Detention Center in Lumpkin, Ga. “In prison you have a routine. You have a job, there's classes, there's things to do. ... Here, you’re stuck in a dorm with 23 people, all day, every day.”\u003c/p>\n\u003cp>Castañeda was released this month with the help of a pro bono lawyer, Anoop Prasad of the Asian Law Caucus in San Francisco. An immigration judge ruled that she’s not deportable because she no longer has an aggravated felony on her record.\u003c/p>\n\u003cp>Castañeda’s conviction was wiped away by a California judge after the Legislature eliminated the state’s “felony murder” rule, which had allowed her to be charged with murder because she was driving a car out of which a fatal shot was fired, even though she had no indication that her passenger would shoot. But Prasad noted that Castañeda also earned a commutation from Gov. Gavin Newsom because of her exemplary behavior in prison.\u003c/p>\n\u003cp>“For the governor on the one hand to be like, ‘I'm granting clemency. You're a model for other incarcerated people.’ And then in the next breath to say, ‘Oh, call up ICE and have this person deported,’” makes no sense, Prasad said. “California needs to end this hypocrisy of working with an agency that's so cruel.”\u003c/p>\n\u003cp>A UC San Diego poll last summer found \u003ca href=\"https://usipc.ucsd.edu/publications/usipc-vision-act-final-20210803.pdf\">two-thirds of California voters supported the VISION Act\u003c/a>.\u003c/p>\n\u003cp>The bill could go to a vote in the state Senate next week. Newsom has not given any indication of whether he will sign the bill if it reaches his desk.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Aug. 26 Correction: A previous version of this story mischaracterized SB 54, the California Values Act, saying it allowed police and sheriffs to collaborate with ICE only in cases of immigrants convicted of serious or violent crimes. In fact, the law allows them to do so when a person has been convicted (or in some cases charged) with a long list of crimes, including some misdemeanors.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Backers of the VISION Act, moving through the state Senate this month, say noncitizens released from prison should not be handed over for deportation.","status":"publish","parent":0,"modified":1662486782,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":1338},"headData":{"title":"Immigrant Advocates Make Final Push to Pass Bill Ending Prison-to-ICE Transfers in California | KQED","description":"Backers of the VISION Act, moving through the state Senate this month, say noncitizens released from prison should not be handed over for deportation.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Immigrant Advocates Make Final Push to Pass Bill Ending Prison-to-ICE Transfers in California","datePublished":"2022-08-25T16:00:45.000Z","dateModified":"2022-09-06T17:53:02.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11923465 https://ww2.kqed.org/news/?p=11923465","disqusUrl":"https://ww2.kqed.org/news/2022/08/25/immigrant-advocates-make-final-push-to-pass-bill-ending-prison-to-ice-transfers-in-california/","disqusTitle":"Immigrant Advocates Make Final Push to Pass Bill Ending Prison-to-ICE Transfers in California","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/ef0bfdc7-39e8-4fc2-84ec-aefb0125f855/audio.mp3","excludeFromSiteSearch":"Include","path":"/news/11923465/immigrant-advocates-make-final-push-to-pass-bill-ending-prison-to-ice-transfers-in-california","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California immigrant advocates are making a final push to persuade state lawmakers to pass a bill that would end the practice of transferring noncitizens to immigration custody when they’re released from jail or prison — legislation that would go further than California's existing so-called “sanctuary state” law.\u003c/p>\n\u003cp>The bill, known as the VISION Act, overwhelmingly passed the state Assembly last year but fell short of the 21 votes needed for Senate passage, so it carried over as a “two-year bill.” Now it’s awaiting a floor vote in the state Senate before the legislative session concludes at the end of August.\u003c/p>\n\u003cp>The bill’s backers are looking for support from three more senators, and they’ve been \u003ca href=\"https://vietrise.org/wp-content/uploads/sites/38/2022/08/2022.08.16_OC-Elected-Officials-Support-the-VISION-Act.pdf\">sending letters\u003c/a> and \u003ca href=\"https://sanfernandosun.com/2022/08/10/valley-organizations-urge-hertzberg-to-support-the-vision-act/\">holding rallies\u003c/a> in the districts of several Democrats still on the fence. If the session ends without a vote, the bill will die.\u003c/p>\n\u003cp>Late Tuesday, the authors made amendments to \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB937\">AB 937\u003c/a> that they hope will address concerns from Democratic senators who pulled back their support last year over opposition from law enforcement groups. One change would allow the state parole board to notify ICE if an immigrant who was released on parole is later convicted of a serious new offense.\u003c/p>\n\u003cp>At a recent press conference, Assemblymember Wendy Carrillo, the bill’s author, emphasized that it would still require incarcerated immigrants to serve their sentences. But under the VISION Act, state and local officials would no longer hand them over to U.S. Immigration and Customs Enforcement upon release, unless served with a warrant issued by a judge. State and local officials would also stop tracking the birthplace of offenders in their criminal records systems.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“If individuals have served their time, have paid their debt to society, regardless of where you are born you have a right to restart your life,” she said. “That is the societal contract that we have. And California should not be in the business of collaborating with ICE.”\u003c/p>\n\u003cp>On average, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202120220AB937\">nearly 1,600 people come out of state prison each year with an immigration hold\u003c/a> that leads to their transfer to ICE to be deported, according to an estimate by state Senate staff.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'If individuals have served their time, have paid their debt to society, regardless of where you are born, you have a right to restart your life. That is the societal contract that we have.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"California Assemblymember Wendy Carrillo","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The VISION Act would close a loophole in an earlier law, the 2018 California Values Act, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB54\">SB 54\u003c/a>, sometimes known as the “sanctuary state” law, which limited police and sheriff’s departments from collaborating with U.S. Immigration and Customs Enforcement, with exceptions for a wide range of crimes, from violent felonies to certain misdemeanors. The Values Act didn’t prohibit transfers to ICE by prisons, but the VISION Act would.\u003c/p>\n\u003cp>Police and sheriff’s groups oppose the bill. They point to federal law, which says immigrants, even those who are legal with green cards, can be deported if they’ve committed a so-called “aggravated felony,” from a long list of crimes that includes some misdemeanors. And they say it’s safer for ICE to take custody of a person inside a locked facility than to arrest them at their home or a public location.\u003c/p>\n\u003cp>“This proposed legislation puts local law enforcement in a no-win situation, having to choose between state and federal laws,” the Police Officers Research Association of California said in a statement last year.\u003c/p>\n\u003cp>And in a joint statement, \u003ca href=\"https://ct3.blob.core.windows.net/21blobs/58984f34-e091-4208-93db-4e804b666038\">law enforcement groups noted that the VISION Act would prevent them\u003c/a> from notifying immigration authorities of the release of people who had served sentences for crimes such as rape, murder and torture.\u003c/p>\n\u003cp>“We are also not arguing that immigrants somehow pose any more threat than citizens or asking to involve immigration authorities in low-level offenses. However, there should be a point, in the most egregious cases, where we do not provide protections for dangerous persons from enforcement,” the statement said.\u003c/p>\n\u003cp>But advocates for the bill say it’s not California’s responsibility to do the work of immigration enforcement, and ICE can still bring deportation proceedings against someone whether or not they’re incarcerated. They point to other states — including Oregon and Illinois — which have passed laws to end most prison-to-ICE transfers.\u003c/p>\n\u003cp>“In California, we're always proud to say that we're the first when it comes to social justice,” said veteran civil rights and labor organizer Dolores Huerta. “Well, now we're not the first, because other states have already taken care of this issue. ... It’s time for us to act.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I thought I would never say this, but prison is better than this place.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Sandra Castañeda, Los Angeles resident","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Huerta called the transfers “double jeopardy” because people often wind up spending additional months or years in ICE detention, where it’s more difficult to mount a defense against deportation.\u003c/p>\n\u003cp>Los Angeles resident Sandra Castañeda lived through that. When her conviction for a murder she didn’t commit was vacated last summer, she thought she’d be going home after 19 years in prison. Instead, she was handed to ICE and held for a year in a private detention center in rural Georgia. She said she saw many women there give up their cases in desperation and accept deportation, because they couldn’t bear the conditions.\u003c/p>\n\u003cp>“I thought I would never say this, but prison is better than this place,” Castañeda said last month in a phone call from the Stewart Detention Center in Lumpkin, Ga. “In prison you have a routine. You have a job, there's classes, there's things to do. ... Here, you’re stuck in a dorm with 23 people, all day, every day.”\u003c/p>\n\u003cp>Castañeda was released this month with the help of a pro bono lawyer, Anoop Prasad of the Asian Law Caucus in San Francisco. An immigration judge ruled that she’s not deportable because she no longer has an aggravated felony on her record.\u003c/p>\n\u003cp>Castañeda’s conviction was wiped away by a California judge after the Legislature eliminated the state’s “felony murder” rule, which had allowed her to be charged with murder because she was driving a car out of which a fatal shot was fired, even though she had no indication that her passenger would shoot. But Prasad noted that Castañeda also earned a commutation from Gov. Gavin Newsom because of her exemplary behavior in prison.\u003c/p>\n\u003cp>“For the governor on the one hand to be like, ‘I'm granting clemency. You're a model for other incarcerated people.’ And then in the next breath to say, ‘Oh, call up ICE and have this person deported,’” makes no sense, Prasad said. “California needs to end this hypocrisy of working with an agency that's so cruel.”\u003c/p>\n\u003cp>A UC San Diego poll last summer found \u003ca href=\"https://usipc.ucsd.edu/publications/usipc-vision-act-final-20210803.pdf\">two-thirds of California voters supported the VISION Act\u003c/a>.\u003c/p>\n\u003cp>The bill could go to a vote in the state Senate next week. Newsom has not given any indication of whether he will sign the bill if it reaches his desk.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Aug. 26 Correction: A previous version of this story mischaracterized SB 54, the California Values Act, saying it allowed police and sheriffs to collaborate with ICE only in cases of immigrants convicted of serious or violent crimes. In fact, the law allows them to do so when a person has been convicted (or in some cases charged) with a long list of crimes, including some misdemeanors.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11923465/immigrant-advocates-make-final-push-to-pass-bill-ending-prison-to-ice-transfers-in-california","authors":["259"],"categories":["news_1169","news_8","news_13"],"tags":["news_31502","news_3149","news_18123","news_886","news_23883","news_21027","news_20202","news_25409","news_20750","news_3883","news_20529","news_30865"],"featImg":"news_11923545","label":"news"},"news_11909454":{"type":"posts","id":"news_11909454","meta":{"index":"posts_1591205157","site":"news","id":"11909454","score":null,"sort":[1648309177000]},"guestAuthors":[],"slug":"ice-grants-reprieve-to-incarcerated-man-in-california-prison-who-feared-deportation-to-cambodia","title":"ICE Grants Reprieve to Incarcerated Man in California Prison Who Feared Deportation to Cambodia","publishDate":1648309177,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>When Vithea Yung was a teenager in Long Beach in the 1990s, he joined a gang. As a Cambodian refugee whose family was shattered by the genocidal Khmer Rouge regime, it gave him a sense of security. But at 16, pursued by members of a rival gang, he fired a gun and killed someone.\u003c/p>\n\u003cp>Yung was tried as an adult, convicted of murder and sent to prison with a sentence of 35 years to life. Now 25 years on, the California \u003ca href=\"https://www.cdcr.ca.gov/bph/parole-suitability-hearings-overview/what-to-expect-after-a-parole-suitability-hearing/\">parole board has approved Yung’s release\u003c/a>, based on the work he’s done to rehabilitate himself and help fellow incarcerated people.\u003c/p>\n\u003cp>Until late Friday, it seemed as if Yung faced the possibility of being released from prison only to be locked up again, this time by U.S. Immigration and Customs Enforcement. Yung feared he’d be deported to Cambodia, a country his family fled when he was 3 years old. [pullquote size=\"medium\" align=\"right\" citation=\"Anoop Prasad, lawyer, Asian Law Caucus\"]'As long as California is relying on ICE to act with decency and compassion, we have a problem, because ICE has a proven track record across administrations of acting with cruelty. We need a systemic solution.'[/pullquote]\u003c/p>\n\u003cp>And for Yung, the stakes were high. In 2017, he suffered a spinal cord injury during a prison softball game and since then has been paralyzed from the neck down, requiring round-the-clock care and assistance with the basic functions of daily living. He lives in a skilled nursing facility in the Los Angeles area that’s under contract with the state prison system.\u003c/p>\n\u003cp>But on Friday afternoon, an ICE spokesperson said that an immigration detainer, requesting California prison officials turn Yung over to ICE, had been dropped months earlier, on November 18.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The spokesperson, who would not agree to be identified because he was not authorized to speak about the case, said ICE makes custody determinations on a case-by-case basis, “considering the merits and factors of each case while adhering to current agency priorities, guidelines and legal mandates.”\u003c/p>\n\u003cp>The news came as a surprise to Yung’s supporters, who had held a rally in Los Angeles Friday morning calling on California officials not to cooperate with ICE.\u003c/p>\n\u003cp>“We’re relieved it was dropped and he’s not going to be transferred to ICE and he’ll receive the care he needs after leaving prison,” said Anoop Prasad, Yung’s lawyer with the Asian Law Caucus in San Francisco. “But it’s such a nerve-racking process. It shouldn't require community outrage and rallies to get ICE to step in and do the basic, humane thing.”\u003c/p>\n\u003cp>Prasad said the California Department of Corrections and Rehabilitation has a policy of notifying incarcerated people if an immigration detainer is dropped, but that didn’t happen here. Even in recent weeks, Yung’s CDCR counselor had told him the hold was still on file, Prasad said.\u003c/p>\n\u003cp>Through his sister, Yung said he won't feel confident that ICE isn't going to detain him until he sees it in writing.\u003c/p>\n\u003ch2>Immigrants funneled from prison to ICE detention\u003c/h2>\n\u003cp>The state prison system hands over hundreds of inmates to ICE each year. Between Jan. 1, 2020, and Nov. 30, 2021, the CDCR made 2,600 transfers to ICE, according to data obtained from the agency by the Asian Law Caucus.\u003c/p>\n\u003cp>And advocates say Yung’s case highlights an injustice: If he had been born in the U.S. or had become a naturalized U.S. citizen, then when he completed his sentence that would have settled his debt to society and he would go free. But as a lawful permanent resident, or “green card” holder, his felony record meant he could be deported.\u003c/p>\n\u003cp>Yung’s sister Terry Honoré said she was terrified at the thought that her quadriplegic brother could be sent to Cambodia to fend for himself.\u003c/p>\n\u003cp>“I just don't know how that would work,” she said. “It was really scary.”\u003c/p>\n\u003cp>Advocates also feared that Yung’s health could deteriorate in immigration detention, since ICE has been sued over inadequate care for people with disabilities.\u003c/p>\n\u003cp>“The level of medical neglect at baseline in ICE facilities is horrific,” said Prasad.\u003c/p>\n\u003cp>He added that given how seriously injured Yung is, there’s no plausible argument he could pose a danger to society.\u003c/p>\n\u003cp>The Asian Prisoner Support Committee and other advocacy groups are pushing for passage of the \u003ca href=\"http://www.iceoutofca.org/ca-values-act-sb54-408546.html\">Vision Act\u003c/a>, a bill in the state Senate that would block jail and prison officials from honoring ICE detainers for most inmates, like Yung, when they’re released.\u003c/p>\n\u003cp>Scores of people turned out for the \u003ca href=\"https://twitter.com/sg_chambita/status/1507435056456880128\">Los Angeles rally Friday\u003c/a> to push for that bill, AB 937, and support Yung.\u003c/p>\n\u003cp>Gov. Gavin Newsom has until April 12 to review Yung’s parole. Unless he moves to block it, Yung will be released from prison and paroled to the care of his family. But advocates want Newsom to go further and \u003ca href=\"https://www.kqed.org/news/11827617/state-lawmakers-urge-newsom-to-stop-transferring-people-in-prison-to-ice-in-pandemic\">stop transfers from California prisons to ICE\u003c/a>.\u003c/p>\n\u003cp>In a statement, CDCR press secretary Dana Simas said the prison system notifies ICE of anyone they’re holding who might be a foreign national. ICE then determines their immigration status and decides whether to put an immigration “hold” or detainer on the person. [aside postID=news_11827388]“CDCR responds to detainers from all law enforcement agencies,” she said.\u003c/p>\n\u003cp>Simas did not respond to requests for comment about Yung’s case.\u003c/p>\n\u003cp>In 2020, another Cambodian refugee, Chanthon Bun, was released from San Quentin despite being told that ICE had a detainer for him. But neither ICE nor CDCR explained why \u003ca href=\"https://www.kqed.org/news/11827388/cambodian-refugee-leaves-san-quentin-with-covid-19-but-avoids-ice-detention\">he was not transferred to immigration detention\u003c/a>.\u003c/p>\n\u003ch2>\u003cstrong>Should rehabilitation affect deportation decisions?\u003c/strong>\u003c/h2>\n\u003cp>Yung is proud of the work he did to become a better person in the two decades before his accident. He enrolled in prison support groups and restorative justice programs, pursued his high school diploma, became a teacher’s aide and joined sports teams.\u003c/p>\n\u003cp>“I tried to rehabilitate myself,” he said in a Zoom interview with KQED. “I took classes. I did everything that it took before I went to my parole board hearing. It shocked them a little bit because I did everything before they even asked me to do it.”\u003c/p>\n\u003cp>Yung’s efforts might have played a role in ICE’s decision to revoke the detainer, though the circumstances of that decision remain unclear.\u003c/p>\n\u003cp>Last September, Homeland Security Secretary Alejandro Mayorkas issued \u003ca href=\"https://www.ice.gov/doclib/news/guidelines-civilimmigrationlaw.pdf\">guidelines allowing ICE to use discretion\u003c/a> about whom to prioritize for detention and deportation. Mayorkas said ICE should focus on people who pose a “current threat” to national security, border security or public safety.\u003c/p>\n\u003cp>But on Tuesday, a \u003ca href=\"https://thehill.com/policy/national-security/599216-judge-blocks-dhs-memo-narrowing-ice-deportation-focus\">federal judge in Ohio partially blocked that guidance\u003c/a>. U.S. District Court Judge Michael Newman, a Trump appointee, ruled the agency can’t ignore people whose criminal convictions subject them to mandatory detention.\u003c/p>\n\u003ch2>\u003cstrong>Permanent residency isn't 'real permanence'\u003c/strong>\u003c/h2>\n\u003cp>Before Yung’s family fled Cambodia’s killing fields, two older siblings died of starvation and both of his parents were locked up by the Khmer Rouge. When his mother got out, she and the children made their way to a refugee camp and eventually to California.[pullquote size=\"medium\" align=\"right\" citation=\"Terry Honoré, Vithea Yung's sister\"]'We came here with the understanding that we escaped the war and we are American.'[/pullquote]Honoré said her parents didn’t understand that even though they became permanent residents, real permanence depended on becoming naturalized U.S. citizens.\u003c/p>\n\u003cp>“No one ever explained that to us,” she said. “We came here with the understanding that we escaped the war and we are American. Our card says that we are legal residents, you know, permanent residents.”\u003c/p>\n\u003cp>Now she’s become a supporter of the Vision Act, hoping others don’t have to go through her brother’s experience.\u003c/p>\n\u003cp>Prasad said thousands of people — fully 10% of the state prison population — also are subject to ICE detainers, and few will get the attention Yung’s case has received.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“As long as California is relying on ICE to act with decency and compassion, we have a problem, because ICE has a proven track record across administrations of acting with cruelty,” he said. “We need a systemic solution.”\u003c/p>\n\n","blocks":[],"excerpt":"Paralyzed in a prison softball accident, Vithea Yung feared he'd be turned over to immigration authorities, rather than released by California prison officials. But ICE now says it has dropped its request to detain him.","status":"publish","parent":0,"modified":1648578967,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":35,"wordCount":1441},"headData":{"title":"ICE Grants Reprieve to Incarcerated Man in California Prison Who Feared Deportation to Cambodia | KQED","description":"Paralyzed in a prison softball accident, Vithea Yung feared he'd be turned over to immigration authorities, rather than released by California prison officials. But ICE now says it has dropped its request to detain him.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"ICE Grants Reprieve to Incarcerated Man in California Prison Who Feared Deportation to Cambodia","datePublished":"2022-03-26T15:39:37.000Z","dateModified":"2022-03-29T18:36:07.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11909454 https://ww2.kqed.org/news/?p=11909454","disqusUrl":"https://ww2.kqed.org/news/2022/03/26/ice-grants-reprieve-to-incarcerated-man-in-california-prison-who-feared-deportation-to-cambodia/","disqusTitle":"ICE Grants Reprieve to Incarcerated Man in California Prison Who Feared Deportation to Cambodia","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/7936e15e-901a-4b8b-8440-ae670120aa5b/audio.mp3","excludeFromSiteSearch":"Include","path":"/news/11909454/ice-grants-reprieve-to-incarcerated-man-in-california-prison-who-feared-deportation-to-cambodia","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>When Vithea Yung was a teenager in Long Beach in the 1990s, he joined a gang. As a Cambodian refugee whose family was shattered by the genocidal Khmer Rouge regime, it gave him a sense of security. But at 16, pursued by members of a rival gang, he fired a gun and killed someone.\u003c/p>\n\u003cp>Yung was tried as an adult, convicted of murder and sent to prison with a sentence of 35 years to life. Now 25 years on, the California \u003ca href=\"https://www.cdcr.ca.gov/bph/parole-suitability-hearings-overview/what-to-expect-after-a-parole-suitability-hearing/\">parole board has approved Yung’s release\u003c/a>, based on the work he’s done to rehabilitate himself and help fellow incarcerated people.\u003c/p>\n\u003cp>Until late Friday, it seemed as if Yung faced the possibility of being released from prison only to be locked up again, this time by U.S. Immigration and Customs Enforcement. Yung feared he’d be deported to Cambodia, a country his family fled when he was 3 years old. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'As long as California is relying on ICE to act with decency and compassion, we have a problem, because ICE has a proven track record across administrations of acting with cruelty. We need a systemic solution.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Anoop Prasad, lawyer, Asian Law Caucus","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>And for Yung, the stakes were high. In 2017, he suffered a spinal cord injury during a prison softball game and since then has been paralyzed from the neck down, requiring round-the-clock care and assistance with the basic functions of daily living. He lives in a skilled nursing facility in the Los Angeles area that’s under contract with the state prison system.\u003c/p>\n\u003cp>But on Friday afternoon, an ICE spokesperson said that an immigration detainer, requesting California prison officials turn Yung over to ICE, had been dropped months earlier, on November 18.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The spokesperson, who would not agree to be identified because he was not authorized to speak about the case, said ICE makes custody determinations on a case-by-case basis, “considering the merits and factors of each case while adhering to current agency priorities, guidelines and legal mandates.”\u003c/p>\n\u003cp>The news came as a surprise to Yung’s supporters, who had held a rally in Los Angeles Friday morning calling on California officials not to cooperate with ICE.\u003c/p>\n\u003cp>“We’re relieved it was dropped and he’s not going to be transferred to ICE and he’ll receive the care he needs after leaving prison,” said Anoop Prasad, Yung’s lawyer with the Asian Law Caucus in San Francisco. “But it’s such a nerve-racking process. It shouldn't require community outrage and rallies to get ICE to step in and do the basic, humane thing.”\u003c/p>\n\u003cp>Prasad said the California Department of Corrections and Rehabilitation has a policy of notifying incarcerated people if an immigration detainer is dropped, but that didn’t happen here. Even in recent weeks, Yung’s CDCR counselor had told him the hold was still on file, Prasad said.\u003c/p>\n\u003cp>Through his sister, Yung said he won't feel confident that ICE isn't going to detain him until he sees it in writing.\u003c/p>\n\u003ch2>Immigrants funneled from prison to ICE detention\u003c/h2>\n\u003cp>The state prison system hands over hundreds of inmates to ICE each year. Between Jan. 1, 2020, and Nov. 30, 2021, the CDCR made 2,600 transfers to ICE, according to data obtained from the agency by the Asian Law Caucus.\u003c/p>\n\u003cp>And advocates say Yung’s case highlights an injustice: If he had been born in the U.S. or had become a naturalized U.S. citizen, then when he completed his sentence that would have settled his debt to society and he would go free. But as a lawful permanent resident, or “green card” holder, his felony record meant he could be deported.\u003c/p>\n\u003cp>Yung’s sister Terry Honoré said she was terrified at the thought that her quadriplegic brother could be sent to Cambodia to fend for himself.\u003c/p>\n\u003cp>“I just don't know how that would work,” she said. “It was really scary.”\u003c/p>\n\u003cp>Advocates also feared that Yung’s health could deteriorate in immigration detention, since ICE has been sued over inadequate care for people with disabilities.\u003c/p>\n\u003cp>“The level of medical neglect at baseline in ICE facilities is horrific,” said Prasad.\u003c/p>\n\u003cp>He added that given how seriously injured Yung is, there’s no plausible argument he could pose a danger to society.\u003c/p>\n\u003cp>The Asian Prisoner Support Committee and other advocacy groups are pushing for passage of the \u003ca href=\"http://www.iceoutofca.org/ca-values-act-sb54-408546.html\">Vision Act\u003c/a>, a bill in the state Senate that would block jail and prison officials from honoring ICE detainers for most inmates, like Yung, when they’re released.\u003c/p>\n\u003cp>Scores of people turned out for the \u003ca href=\"https://twitter.com/sg_chambita/status/1507435056456880128\">Los Angeles rally Friday\u003c/a> to push for that bill, AB 937, and support Yung.\u003c/p>\n\u003cp>Gov. Gavin Newsom has until April 12 to review Yung’s parole. Unless he moves to block it, Yung will be released from prison and paroled to the care of his family. But advocates want Newsom to go further and \u003ca href=\"https://www.kqed.org/news/11827617/state-lawmakers-urge-newsom-to-stop-transferring-people-in-prison-to-ice-in-pandemic\">stop transfers from California prisons to ICE\u003c/a>.\u003c/p>\n\u003cp>In a statement, CDCR press secretary Dana Simas said the prison system notifies ICE of anyone they’re holding who might be a foreign national. ICE then determines their immigration status and decides whether to put an immigration “hold” or detainer on the person. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11827388","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“CDCR responds to detainers from all law enforcement agencies,” she said.\u003c/p>\n\u003cp>Simas did not respond to requests for comment about Yung’s case.\u003c/p>\n\u003cp>In 2020, another Cambodian refugee, Chanthon Bun, was released from San Quentin despite being told that ICE had a detainer for him. But neither ICE nor CDCR explained why \u003ca href=\"https://www.kqed.org/news/11827388/cambodian-refugee-leaves-san-quentin-with-covid-19-but-avoids-ice-detention\">he was not transferred to immigration detention\u003c/a>.\u003c/p>\n\u003ch2>\u003cstrong>Should rehabilitation affect deportation decisions?\u003c/strong>\u003c/h2>\n\u003cp>Yung is proud of the work he did to become a better person in the two decades before his accident. He enrolled in prison support groups and restorative justice programs, pursued his high school diploma, became a teacher’s aide and joined sports teams.\u003c/p>\n\u003cp>“I tried to rehabilitate myself,” he said in a Zoom interview with KQED. “I took classes. I did everything that it took before I went to my parole board hearing. It shocked them a little bit because I did everything before they even asked me to do it.”\u003c/p>\n\u003cp>Yung’s efforts might have played a role in ICE’s decision to revoke the detainer, though the circumstances of that decision remain unclear.\u003c/p>\n\u003cp>Last September, Homeland Security Secretary Alejandro Mayorkas issued \u003ca href=\"https://www.ice.gov/doclib/news/guidelines-civilimmigrationlaw.pdf\">guidelines allowing ICE to use discretion\u003c/a> about whom to prioritize for detention and deportation. Mayorkas said ICE should focus on people who pose a “current threat” to national security, border security or public safety.\u003c/p>\n\u003cp>But on Tuesday, a \u003ca href=\"https://thehill.com/policy/national-security/599216-judge-blocks-dhs-memo-narrowing-ice-deportation-focus\">federal judge in Ohio partially blocked that guidance\u003c/a>. U.S. District Court Judge Michael Newman, a Trump appointee, ruled the agency can’t ignore people whose criminal convictions subject them to mandatory detention.\u003c/p>\n\u003ch2>\u003cstrong>Permanent residency isn't 'real permanence'\u003c/strong>\u003c/h2>\n\u003cp>Before Yung’s family fled Cambodia’s killing fields, two older siblings died of starvation and both of his parents were locked up by the Khmer Rouge. When his mother got out, she and the children made their way to a refugee camp and eventually to California.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We came here with the understanding that we escaped the war and we are American.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Terry Honoré, Vithea Yung's sister","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Honoré said her parents didn’t understand that even though they became permanent residents, real permanence depended on becoming naturalized U.S. citizens.\u003c/p>\n\u003cp>“No one ever explained that to us,” she said. “We came here with the understanding that we escaped the war and we are American. Our card says that we are legal residents, you know, permanent residents.”\u003c/p>\n\u003cp>Now she’s become a supporter of the Vision Act, hoping others don’t have to go through her brother’s experience.\u003c/p>\n\u003cp>Prasad said thousands of people — fully 10% of the state prison population — also are subject to ICE detainers, and few will get the attention Yung’s case has received.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“As long as California is relying on ICE to act with decency and compassion, we have a problem, because ICE has a proven track record across administrations of acting with cruelty,” he said. “We need a systemic solution.”\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11909454/ice-grants-reprieve-to-incarcerated-man-in-california-prison-who-feared-deportation-to-cambodia","authors":["259"],"categories":["news_1169","news_6188","news_8"],"tags":["news_29909","news_30864","news_1629","news_22883","news_18123","news_16","news_20202","news_23454","news_20463","news_30865"],"featImg":"news_11909464","label":"news"},"news_11892048":{"type":"posts","id":"news_11892048","meta":{"index":"posts_1591205157","site":"news","id":"11892048","score":null,"sort":[1634087443000]},"guestAuthors":[],"slug":"biden-administration-orders-ice-to-stop-mass-raids-on-immigrants-workplaces","title":"Biden Administration Orders ICE to Stop Mass Raids on Immigrants' Workplaces","publishDate":1634087443,"format":"standard","headTitle":"NPR | KQED News","labelTerm":{"term":253,"site":"news"},"content":"\u003cp>Immigration and Customs Enforcement agents will no longer conduct mass raids on workplaces where undocumented immigrants are employed, according to a new order by Homeland Security Secretary Alejandro Mayorkas.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Alejandro Mayorkas, homeland security secretary\"]'We will not tolerate unscrupulous employers who exploit unauthorized workers.'[/pullquote]The real problem, Mayorkas said in a memorandum released Tuesday, are \"exploitative employers,\" not unauthorized workers.\u003c/p>\n\u003cp>Trump-era raids became tools for suppression, DHS says\u003c/p>\n\u003cp>\"Under the previous administration, these resource-intensive operations resulted in the simultaneous arrest of hundreds of workers,\" DHS said about the change. While the raids attracted attention and made headlines, the agency says they \"were used as a tool by exploitative employers to suppress and retaliate against workers' assertion of labor laws.\"\u003cbr>\n[ad fullwidth]\u003cbr>\nThe announcement is part of a shift in strategy under the Biden administration that puts a new emphasis on going after businesses and employers that violate labor laws. In addition to halting mass raids, it supports the idea of exercising prosecutorial discretion to spare workers from charges if they witness or are the victims of abuse or exploitation in the workplace.\u003c/p>\n\u003cp>\"We will not tolerate unscrupulous employers who exploit unauthorized workers, conduct illegal activities, or impose unsafe working conditions,\" Mayorkas said in a news release about the shift.\u003c/p>\n\u003cp>\"By adopting policies that focus on the most unscrupulous employers,\" he said, \"we will protect workers as well as legitimate American businesses.\"\u003c/p>\n\u003cp>Immigration advocacy groups welcomed the policy shift, although groups such as the National Partnership for New Americans also renewed their call for permanent reform, including legal protections for millions of undocumented immigrants brought to the U.S. as children and those with temporary protected status.\u003c/p>\n\u003cp>[aside label ='More Coverage' tag='immigration']\"We also ask Congress to act courageously and swiftly to include funds in the reconciliation package to provide a pathway to citizenship for Dreamers, TPS holders, farm workers and essential workers,\" said Nicole Melaku, the group's executive director, in an email to NPR.\u003c/p>\n\u003cp>During the Trump administration, ICE carried out several massive workplace raids that the then-president touted as a centerpiece of his crackdown on undocumented immigration. One operation in 2018 resulted in the arrest of 146 employees at a meat processing company in northeast Ohio.\u003c/p>\n\u003cp>That raid was followed by an operation in August 2019 in which ICE agents arrested approximately 680 people at food processing plants in Mississippi.\u003c/p>\n\u003cp>Around that same period, \u003ca href=\"https://www.kqed.org/news/11760782/attorneys-at-least-22-immigrants-arrested-in-bay-area-this-week-as-thousands-fear-ice-raids\">immigration attorneys shared with KQED\u003c/a> that at least 22 people were arrested by immigration authorities in the Bay Area within the span of a week.\u003c/p>\n\u003cp>In 2017, \u003ca href=\"https://www.kqed.org/news/11805331/california-is-a-sanctuary-state-but-some-police-arent-following-the-law-attorneys-say\">California became a so-called \"sanctuary state\"\u003c/a> after it passed SB 54, which limits local law enforcement’s ability to cooperate with federal immigration authorities to cases of serious convicted criminals and to inquire about an individual’s immigration status.\u003c/p>\n\u003cp>\u003cem>This post includes reporting from KQED's Farida Jhabvala Romero.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"ICE agents will no longer conduct mass raids on workplaces where undocumented immigrants are employed, according to federal officials who added that they will focus on investigating \"exploitative employers.\"","status":"publish","parent":0,"modified":1634148145,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":15,"wordCount":489},"headData":{"title":"Biden Administration Orders ICE to Stop Mass Raids on Immigrants' Workplaces | KQED","description":"ICE agents will no longer conduct mass raids on workplaces where undocumented immigrants are employed, according to federal officials who added that they will focus on investigating "exploitative employers."","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Biden Administration Orders ICE to Stop Mass Raids on Immigrants' Workplaces","datePublished":"2021-10-13T01:10:43.000Z","dateModified":"2021-10-13T18:02:25.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11892048 https://ww2.kqed.org/news/?p=11892048","disqusUrl":"https://ww2.kqed.org/news/2021/10/12/biden-administration-orders-ice-to-stop-mass-raids-on-immigrants-workplaces/","disqusTitle":"Biden Administration Orders ICE to Stop Mass Raids on Immigrants' Workplaces","nprByline":"\u003ca href=\"https://www.npr.org/people/14562108/bill-chappell\">Bill Chappell\u003c/a>","path":"/news/11892048/biden-administration-orders-ice-to-stop-mass-raids-on-immigrants-workplaces","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Immigration and Customs Enforcement agents will no longer conduct mass raids on workplaces where undocumented immigrants are employed, according to a new order by Homeland Security Secretary Alejandro Mayorkas.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We will not tolerate unscrupulous employers who exploit unauthorized workers.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Alejandro Mayorkas, homeland security secretary","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The real problem, Mayorkas said in a memorandum released Tuesday, are \"exploitative employers,\" not unauthorized workers.\u003c/p>\n\u003cp>Trump-era raids became tools for suppression, DHS says\u003c/p>\n\u003cp>\"Under the previous administration, these resource-intensive operations resulted in the simultaneous arrest of hundreds of workers,\" DHS said about the change. While the raids attracted attention and made headlines, the agency says they \"were used as a tool by exploitative employers to suppress and retaliate against workers' assertion of labor laws.\"\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nThe announcement is part of a shift in strategy under the Biden administration that puts a new emphasis on going after businesses and employers that violate labor laws. In addition to halting mass raids, it supports the idea of exercising prosecutorial discretion to spare workers from charges if they witness or are the victims of abuse or exploitation in the workplace.\u003c/p>\n\u003cp>\"We will not tolerate unscrupulous employers who exploit unauthorized workers, conduct illegal activities, or impose unsafe working conditions,\" Mayorkas said in a news release about the shift.\u003c/p>\n\u003cp>\"By adopting policies that focus on the most unscrupulous employers,\" he said, \"we will protect workers as well as legitimate American businesses.\"\u003c/p>\n\u003cp>Immigration advocacy groups welcomed the policy shift, although groups such as the National Partnership for New Americans also renewed their call for permanent reform, including legal protections for millions of undocumented immigrants brought to the U.S. as children and those with temporary protected status.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More Coverage ","tag":"immigration"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\"We also ask Congress to act courageously and swiftly to include funds in the reconciliation package to provide a pathway to citizenship for Dreamers, TPS holders, farm workers and essential workers,\" said Nicole Melaku, the group's executive director, in an email to NPR.\u003c/p>\n\u003cp>During the Trump administration, ICE carried out several massive workplace raids that the then-president touted as a centerpiece of his crackdown on undocumented immigration. One operation in 2018 resulted in the arrest of 146 employees at a meat processing company in northeast Ohio.\u003c/p>\n\u003cp>That raid was followed by an operation in August 2019 in which ICE agents arrested approximately 680 people at food processing plants in Mississippi.\u003c/p>\n\u003cp>Around that same period, \u003ca href=\"https://www.kqed.org/news/11760782/attorneys-at-least-22-immigrants-arrested-in-bay-area-this-week-as-thousands-fear-ice-raids\">immigration attorneys shared with KQED\u003c/a> that at least 22 people were arrested by immigration authorities in the Bay Area within the span of a week.\u003c/p>\n\u003cp>In 2017, \u003ca href=\"https://www.kqed.org/news/11805331/california-is-a-sanctuary-state-but-some-police-arent-following-the-law-attorneys-say\">California became a so-called \"sanctuary state\"\u003c/a> after it passed SB 54, which limits local law enforcement’s ability to cooperate with federal immigration authorities to cases of serious convicted criminals and to inquire about an individual’s immigration status.\u003c/p>\n\u003cp>\u003cem>This post includes reporting from KQED's Farida Jhabvala Romero.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11892048/biden-administration-orders-ice-to-stop-mass-raids-on-immigrants-workplaces","authors":["byline_news_11892048"],"categories":["news_1169","news_8"],"tags":["news_29909","news_29052","news_26334","news_18123","news_30040","news_21143","news_21027","news_21702","news_20202","news_23454","news_20529"],"affiliates":["news_253"],"featImg":"news_11892062","label":"news_253"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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