CANC National Forum On The US-Cambodia Repatriation Agreement
MEMORANDUM BETWEEN THE GOVERNMENT AND THE UNITED STATES AND THE
ROYAL GOVERNMENT OF CAMBODIA FOR THE ESTABLISHMENT AND OPERATION OF A
UNITED STATES - CAMBODIA JOINT COMMISSION ON REPATRIATION
The government of the United States of America (United States) and
the Royal Government of Cambodia (Cambodia):
Recognizing their mutual international obligations to accept the
return of their nationals in an orderly, prompt, and humane manner;
Desiring to establish and advance the development of normal immigration
relations, in accordance with general recognized principles of international
law and practice;
Desiring to put into effect the principles adopted by both states
in the Joint Statement made in Phnom Penh on April 27, 2000, and subsequently
endorsed by order of the Royal Government of Cambodia on June 21, 2000;
and
Desiring to further enhance cooperative and friendly relations between
the two states on the basis of respect for each State's sovereignty, and
on the basis of equality and mutual interest;
Hereby establish the following Principles and Objectives which are
intended to govern the establishment and operation of a joint Commission
on Repatriation:
Fundamental Principles
Each repatriation request should be considered and decided individually,
on a case-by case basis, without preconditions.
The United States and Cambodia should act in a spirit of mutual
cooperation in determining the nationality of an individual and in all
other matters pertaining to repatriation.
The United States and Cambodia are committed to the primary objective
of effecting the return of each other's nationals to their home State,
taking into account the humanitarian and compassionate aspects of each
case and the principles of internationally recognized human rights.
Nothing in the document imposes, or should be constructed to impose,
any legal or financial
obligations on either State.
Composition of the joint Commission and Scheduling of Meetings
The Joint Commission on Repatriation (Commission) should be comprised
of four (4) members from the United States and four (4) from Cambodia,
representing the ministries of immigration, foreign affairs, and justice,
or their equivalent, of such State.
The Commission should meet twice each year, or as mutually agreed,
at times and locations to be mutually determined
Procedures/Modalities for Considering Repatriation Requests
Each State should designate a Central Authority for the receipt
and initial screening of repatriation requests and related matters.
The Commission should be the primary forum for the discussion and
resolution of repatriation policy and individual repatriation requests
refused by the Central Authority of the requested State.
Unless otherwise agreed, all repatriation requests shall be initially
sent to the Central Authority of the requested State and should include
a copy of the final order of removal issued by the competent authority
of the requesting State; a copy of the individual's passport, if available,
or other documentation evidencing the identity and the biographical history
of the individual and his or her status as a national of the receiving
State; a copy, if any, of any available record of the individual's criminal
violations in the requesting State; two identical photographs of the individual
and his or her fingerprints and medical history, if available; any additional
information that the Central Authority of the requested State deems necessary.
4. Upon receiving and reviewing a repatriation request, the Central
Authority of the requested State may request the assistance and resources
of the Central Authority of the requesting State in conducting any additional
interview of the individual and verifying any information contained in
the request.
5. The Central Authority of the requested State should respond in
writing to the Central Authority of the requesting State not later than
30 days from the date of receipt of the request, unless otherwise agreed.
In all cases of refusal, the Central Authority of the
requested State should state its reasons in writing and should refer
the request to the Commission for consideration. The Commission shall consider
all referred requests as its next scheduled meeting.
6. When the Central Authority of the requested State accepts a repatriation
request, it should
simultaneously issue a travel document, valid for at least 60 days,
to permit the individual's return. The requesting State should expeditiously
make the appropriate arrangements for the return of the individual to the
requested State, and should inform the Central Authority of the requested
State at least seven (7) business days in advance of the return itinerary
and any special considerations, such as medical, law enforcement, or escort
matters.
7. Unless otherwise agreed, all costs of repatriation, including
air transportation and escort services, should be borne exclusively by
the requesting State.
Signed at Phnom Penh on March 22, 2002, in duplicate, in both the
English and Khmer languages with identical value.
FOR THE GOVERNMENT OF THE FOR THE ROYAL GOVERNMENT
UNITED STATES OF AMERICA OF CAMBODIA
Kent M. Wiedemann
Ambassador of the
United States of
America
Lt. Gen. Em Sam An
Secretary of Ministry of Interior
JOINT STATEMENT
On 26-27 April, 2000, officials of the Royal Government of Cambodia
from the Ministries of Foreign Affairs and International Cooperation, Interior,
and Justice met with officials of the United States Department of State,
U.S. Department of Justice, and the U.S. Immigration and Naturalization
Service, and agreed that the following general principles shall govern
the repatriation of each other's nationals:
That, in accordance with applicable principles of international
law, each state agrees that it shall accept its nationals who have not
obtained another nationality;
That there should be an orderly, prompt, and transparent process
for considering such returns;
That each such case must be considered on its individual merits
without preconditions;
That the requesting state shall bear all costs associated with the
returns of Cambodian Nationals;
That the final decision whether to accept the repatriation of particular
individuals shall rest with the requested state;
That such repatriations shall take into account the humanitarian
and compassionate aspects of each case, and that any such repatriation
shall be conducted in an orderly, dignified manner, with due respect for
human rights and the personal dignity of the individual who is being returned;
That the two Governments commit to cooperate, through appropriate
channels, and in a timely fashion, in the determination of the nationality
of individuals who the requesting state believes are nationals of the
requested state.
That the requesting state shall promptly accept back individuals
who have been repatriated to the requested state whenever it is subsequently
determined that the repatriated individual is not in fact a national of
the requested state.
April 27, 2000 in Phnom Penh
Southeast Asia Resource Action Center (SEARAC)'s discussion on U.S.
- Cambodia Deportation Agreement
Talking points on Cambodian deportation
Stop Cambodian Deportations
Q: Who is being deported?
A: Non-citizens convicted of certain crimes in the United States can
be deported to their home countries. For Cambodians, this has not happened
for many years because there has been no agreement with the US for Cambodia
to accept their deported nationals. However, an agreement was reached this
spring to allow for deportations. There are approximately 60 Cambodians
in the Seattle area, and 1,400 throughout the US who have been ordered deported
sometime in the past and will therefore be affected. Most of the potential
deportees are young men in their 20's who came here as babies or young children
when their parents fled Cambodia. They have essentially grown up in the
United States immersed in American culture. Deportation means being sent
to a very poor country that they don't remember, where
they may be subject to imprisonment, harrassment, or worse.
Q: But aren't they criminals?
A: Everyone who is subject to deportation has already served their sentence
for their convictions. In the US, we consider the completion of a sentence
to be a completion of the obligation to society in repentance or punishment
for the wrong doing. All of these young men have fulfilled their obligation.
In addition, many spent months and sometimes years in INS
detention after completing their sentence because they could not be
deported and the INS refused to let them return to the community. Some
people are now in INS detention waiting to be sent to Cambodia, but they
are not currently serving time for a crime.
Q: But I hear they are "aggravated felons"-what is that?
A: An aggravated felony is defined in the immigration laws to include
many different types of crimes, some of which are not serious at all.
This includes such things as DUI, shoplifting, simple theft, or simple
assault when no actual time in jail has been served. In 1996, the US Congress
drastically changed immigration laws so that anyone convicted of an aggravated
felony would be deported without any defense. Even though these are crimes,
they are generally not serious enough for most people to consider banishing
the offender from their community. Many of these crimes were committed
by teenagers and young men who acknowledge having made a mistake in their
lives.
Q: This does not affect my family, why should I be concerned?
A: The immigration laws in this country are continually changing. Many
of the young people facing deportation would not have been in this situation
before the law was changed in 1996. In addition, the US put increased
pressure on Cambodia to sign this agreement after the events of September
11 caused the US government to look more suspiciously on all non-citizens.
Similar agreements with other countries are bound to follow, especially
with Laos or Vietnam. The fact is there is nothing to stop Congress from
passing new, even more severe laws requiring that all immigrants be deported.
Anyone who is not a citizen of the US should be concerned about the future
of the legal rights of all immigrants. We should all be
concerned about the future of all members of our communities.
Q: What can I do?
A: First, talk to your family, friends, and neighbors about this problem.
Even though there are a handful of families directly affected, it
affects all of our communities and tears us apart, citizens or not. Second,
you can write letters to Congress in support of the Family Reunification
Act, H.R. 1451. This bill would allow for waivers of deportation that could
restore legal residency for many of these Cambodians affected today. More
information about this bill, as well as information for family members,
community activists and lawyers about the pending Cambodian deportations,
can be found on the Southeast Asian Resource Action
Center (SEARAC) website (www.searac.org).
Khmer Freedom Campaign (KFC) "Stop the Deportation of Refugee Children"
Dr. Sovan Tun's Plea for Community Supports
June 24, 2002
Dear Compatriots:
Recent news indicated that
a group of Cambodians have been deported to Cambodia, and about 1,400
others could be deported soon. They will be permanently barred from re-entry
to the United States. This forcible deportation would cause tragic consequences
for their families remaining the United States and Khmer communities
in this country. The impact is devastating because it is for the first
time that the Cambodian government accepts Cambodian deportees from America,
unlike Laos and Vietnam.
I would like to appeal to all Khmers to be united and help our
own people. A pain suffered by a Khmer is a pain for all Khmers.
- Separation of Khmer families again
Many persons to be deported arrived to America when they were children
as they escaped with or without their families from their country of
birth or the killing field. They searched for safety and security in
this free country. Unfortunately, they committed a ‘felony” when they
were young without being aware of the harsh punishment by the Immigration
and Naturalization Service which has changed the rules in the middle
of the game. Once deported, they leave behind their old parents, their
wife and their children if married. Maybe they are the sole sources of
support for the families. Many of deportees do not speak Khmer well and
do not know how to make a living in Cambodia.
- “Aggravated felony”
The 1996 immigration law, upon which INS relies for deportation,
made deportation automatic for persons committing “aggravated felonies,”
a term used by INS which may be neither a felony nor “aggravated” as defined
in normal criminal law. The term includes shoplifting, marijuana possession,
etc. The law made the punishment retroactive to “crimes” committed in
the past.
- Family Reunification Act
The “Family Reunification Act,” H.R. 1452, introduced by Reps.
Barney Frank (D-MA) and Lincoln Diaz-Balart (R-FL) would modify some of
the provisions of the 1996 “Illegal Immigration Reform and Immigrant
Responsibility Act”. It is a bipartisan bill seeking
to allow for consideration of relief from mandatory removal of persons
convicted of “aggravated felonies.” A person may be considered for
relief from permanent exile if he/she have resided legally and continuously
in the U.S. for seven years or more (five years as a permanent resident),
was sentenced to less than five years of actual imprisonment, and is determined
to not pose a threat to the community if released. He/she may be considered
for his/her ties to the United States, including US citizens or permanent
resident family members, ownership of businesses, etc.
- Actions needed to help
All Khmers can help their blood brothers and sisters by doing the
following:
1- Write to INS Commissioner James W. Ziglar requesting to delay
the deportation of Cambodians to Cambodia until a thorough review process
is in place.
The address of the INS Commissioner is: Commissioner James W. Ziglar
Immigration and Naturalization Service
425 I (“Eye”) Street, NW
Washington, DC 20536
2- Call or write or fax to your Representative requesting his/her
support or co-sponsorship of the “Family Reunification Act” (H.R. 1452).
Also call or write or fax to members of the
House Judiciary Committee requesting their support. Some members
are listed below, but you should check Congressional Directory for other
members because
there are many to mention here.
- Hon. F. James Sensenbrenner, Jr. (Chair - WI) - Ph: 202-225-5101,
Fax: 202-225-3190
- Hon. John N. Hostettler (IN) - Ph: 202-225-4636, Fax: 202-225-3284
- Hon. Melissa Hart (PA) - Ph: 202-225-2565, Fax:202-225-2274
.......
3- Write a petition with names, addresses, and signatures of all
supporters and send it to your Representative.
Please find attached a sample letter to INS Commissioner James
W. Ziglar and another to your Representative and/or Members of House Judiciary
Committee. You can change the sample letter in any way you like or you
can write a new letter expressing your feeling.
Thank you for your attention and consideration. I count on you
to help our own people.
Sincerely yours,
Sovan Tun
Attachments
_______________________
ATTACHMENT 1: Sample Letter to INS Commissioner James
W. Ziglar
Dear Sir:
I am writing to appeal to you to delay further deportation of Cambodians
who have committed
“aggravated felonies” because this deportation causes devastating
disruptions of their families remaining in the United States. Also,
the sudden deportation becomes a shock for Cambodian communities throughout
the United States. It is sudden because for the first
time deportation happens for Cambodians, some “felonies” have been
committed long time ago and forgotten, and all Cambodians feel the impact
at the same present time.
I request that you delay deportation of Cambodians until a thorough
review process is in place. We are awaiting the passage of the bill entitled
“The Family Reunification Act” (H.R.1452). Please be aware that immigration
decisions are life altering and must be
undertaken with great care.
Thank you for your consideration.
Sincerely yours,
__________________________________________________________________
ATTACHMENT 2: Sample Letter to Congressman:
Dear Hon. ______
I am writing to express my support for H.R. 1452 (“The Family Reunification
Act”). It is a bipartisan bill which would grant long-term legal permanent
resident a chance to explain themselves in court. Currently, anyone
is mandatorily deportable if convicted of an “aggravated felony”, a deceptive
term to include shoplifting, marijuana possession, etc.
H.R. 1452 does not change who is deportable. It just allows those
people deemed “aggravated felons” who have lived here legally for at
least seven years and who served less than five years for their conviction
to go before an immigration judge. The judge would weigh each individual’s
crime and favorable factors and determine if relief from permanent exile
should be granted.
Please do what you can to support H.R. 1452.
Thank you for your consideration.
Sincerely yours,
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