The Immigrant's Journal - Vol. 113

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Trump’s Travel Ban ‘Causing Chaos’ in New York’s Nigerian Community

BY ESE OLUMHENSE, THE CITY

T Abike Dabiri-Erewa, chair of the Nigerian government’s Diaspora Commission, Feb. 28, 2020. Photo: Ese Olumhense/THE CITY

tries from which travel to the United States would be restricted.

U.S. officials said on Jan. 31, citizens from Burma, Eritrea, Kyrgyzstan, Nigeria, Sudan and Tanzania, would now be barred from entering the country — all because their governments “failed to meet a series of security criteria.”

The expanded policy took effect three weeks later, on Feb. 21.

“I’ve been avoiding my mom, because I

still don’t know how to explain,” Anene, a program specialist at the Open Society Foundations, told THE CITY. He has since renewed his lease on the studio in Harlem and is unsure when he will see his mother. Returning to Nigeria for him, as an openly gay man, is still “very risky,” he said.

“This was something we discussed only a couple of weeks ago, in January,” he continued on page 4

Undocumented, Black, and Unseen

BY DENEA JOSEPH

I

am one of approximately 619,000 undocumented, Black immigrants living in the United States. My immigration story began at seven years old, when I came to the United States from Belize without my mother, father, or siblings. The latter is a common narrative for DACA recipients like me.

But the former challenges a popular misconception: that immigration is solely a Latinx issue.

I introduce myself in this way to tell you that Black immigrants do exist.

I remind you of this fact because the media has erased the Black experience from the larger immigrant narrative. The implication is that Black immigrants disappear in plain sight. We get left out of

conversations relative to the future of immigrants in the United States. We’re seen as allies instead of individuals being directly impacted by the issue of continued on page 3

The Best Protection for Abused Immigrants ... page 2

Trump’s Failure to Address Pandemic and His Efforts to Harm Immigrant Communities

BY AMERICA’S VOICE n March 20, immigration experts gathered on a press call to discuss the ramifications following Trump’s failed attempts to address the nation’s public concerns in this unprecedented crisis. During this time of uncer-

Trump to Start Collecting DNA from Immigrants

BY MARY CAMPBELL

I

t was all supposed to happen this year for Oliver Anene. He was going to become an American citizen, almost eight years after coming to the country as an asylum seeker. And his mother back in Nigeria was finally going to be able to get a visa through him, so she could see New York City for the first time.

In preparation for the reunion — the first time the two would see each other since Anene left Nigeria in 2012 — the Green Card holder saved thousands of dollars and readied to move out of his studio apartment in Harlem. She would be here a few months, and they would need the space.

Before he could sign a lease on a bigger apartment, however, the U.S. Department of Homeland Security announced that Nigeria had been added to a list of coun-

O

Vol. 113

tainty, rather than providing the nation with solutions, Trump has again vilified immigrants in order to shift blame, responsibility and criticism. The Pandemic in many ways is uniquely impacting immigrants and Trump’s xenophobic agenda is only putting vulnerable continued on page 4

he Trump administration has consistently stated that immigrants in general pose a criminal threat to the U.S., even though studies have shown that they commit crimes at lower rates than people born in the U.S. In support of his theory, the U.S. Immigration and Customs Enforcement (ICE) established the Victims Of Immigration Crime Engagement (VOICE) Office to acknowledge and serve the needs of crime victims and their families who have been affected by crimes committed by individuals with a nexus to immigration. This office was explicitly called for in the President’s Executive Order titled, “Enhancing Public Safety in the Interior of the United States,” dated January 25, 2017.

Beginning April immigration authorities will be administering cheek swabs to collect DNA from hundreds of thousands of immigration detainees in federal custody. The Trump Administration states that the policy change will assist law enforcement to apprehend criminal suspects. The data collected will be transferred to an FBI database, for future incidents, enabling law enforcement officials to check if these samples matched any DNA recovered from a crime scene.

A statement released on March 06, stated that, the Department of Justice will ensure that all federal agencies are in full compliance with the bipartisan DNA Fingerprint Act, which was a component of a larger legislative package that passed the House of Representatives by an overwhelming vote of 415 to four, and the Senate by unanimous consent. The DNA Fingerprint Act provided the Attorney General with the exclusive authority to draft regulations to authorize and direct any federal agency to “collect DNA samples from individuals who are arrested, facing charges, or convicted or from non-United States persons who are detained under the authority of the United States.”

Deputy Attorney General Jeffrey A. Rosen said, "[Today's] rule assists federal agencies in implementing longstanding aspects of our immigration laws as passed by bipartisan majorities of Congress. Its implementation will help to enforce federal law with the use of science."

Immigration advocates, civil rights and continued on page 2

IMMIGRATION MATTERS

2

Protection for Abused Immigrants

BY AMERICAN IMMIGRATION COUNCIL

W

ith approximately 23 million immigrant women and girls in the United States, over half of the foreign-born population is female.

Unfortunately, women are particularly vulnerable to sexual violence. Issues such as domestic violence, human trafficking, and exploitation in the workforce present unique challenges to noncitizen women due to the added vulnerability created by their immigration status in the United States. For these and other reasons, federal law provides numerous forms of protection for noncitizen women—and men—who are the victims of domestic violence or other qualifying crimes. The focus of this article “selfpetitions” under the Violence Against Women Act (VAWA).

Non-citizen women may face challenges related to domestic violence, especially if obtaining lawful immigration status depends on an abusive spouse.

For example, noncitizen women may depend on a U.S.-citizen or lawful permanent resident (LPR) spouse to petition for them through the family-based immigration system or their legal status may be tied to their spouse’s employmentbased immigration status. This situation not only leaves noncitizen women financially dependent on a spouse, but also

leaves them vulnerable to a spouse’s threat of deportation. Abusive spouses often delay, revoke, or fail to file petitions for their family members, or threaten to report their victims to immigration authorities. Finally, even when their legal status does not depend on an abusive spouse sponsoring a visa, noncitizen women may be fearful of reporting abuse or exploitation to the police for fear that they will be deported and separated from their families. This effectively provides abusers with a tool to silence their victims.

How has Congress sought to protect noncitizens who are victims of domestic violence?

In the last three decades, Congress has made numerous changes to U.S. immigration laws to offer protections for noncitizen victims of domestic violence and crime.

The Immigration Reform Act of 1990 created the “battered spouse waiver,” which allows victims of domestic violence who obtained conditional permanent residency based on their marriage to a U.S. citizen to file an application to remove that conditionality without the assistance of their spouse if they are in an abusive relationship. The Violence Against Women Act (VAWA) of 1994 included provisions to allow noncitizen

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victims of domestic violence to obtain immigration relief independent of their abusive spouse or parent through a process called “self-petitioning.” The Battered Immigrant Women Protection Act of 2000 (VAWA 2000) created new forms of immigration relief for noncitizen victims of violent crime (“U” visas) and victims of sexual assault or trafficking (“T” visas). Finally, the Violence Against Women Act of 2005 expanded these protections and included some victims of elder abuse.

What is the battered spouse waiver?

In order to prevent marriage fraud, federal immigration law requires applicants for marriage-based green cards to receive “conditional” permanent resident status for two years before being granted full LPR status. As a result, noncitizen victims of domestic violence may feel compelled to remain in an abusive relationship for up to two years in order to obtain a green card. The Immigration Reform Act of 1990 created the “battered spouse waiver,” which allows victims of domestic violence to file an application to remove the conditional status without the assistance of their abusive spouses and without having to stay in the abusive relationship for two years by providing proof of battering or extreme cruelty and the validity of the marriage.

What is a VAWA “self-petition”?

Under VAWA, noncitizen victims of domestic violence, child abuse, or elder abuse may “self-petition” for LPR status without the cooperation of an abusive spouse, parent, or adult child. Victims may also self-petition if they are divorced as long as the marriage to the abusive spouse was terminated within two years of filing the petition, and there is a connection between the divorce and the domestic violence.

An approved VAWA self-petition provides the applicant with work authorization, deferred action, and an approved noncitizen petition which allows him or her to apply for lawful permanent residence. When the individual applies for LPR status, he or she is subject to the family preference system and any backlogs that may exist. Thus, spouses and children of U.S. citizens may apply immediately and receive a green card as an immediate relative. By contrast, spouses and children of LPR abusers are placed into the family preference system along with all other petitions for spouses and children of lawful permanent residents and are subject to backlogs.

There is no limit to the number of VAWA self-petitions that may be filed in any given year.

Who is eligible to self-petition?

VAWA self-petitions are available to: •Spouses and former spouses of abusive U.S. citizens or lawful permanent residents. Divorced spouses may self-petition if the termination of the marriage was related to the abuse and if the application is filed within two years of the termination of the marriage.

•Children of abusive citizens or lawful permanent residents who file before turning 25.

•A noncitizen parent of an abused noncitizen child, even if the noncitizen parent is not herself abused.

•Non-citizen spouses whose children are abused by the child’s other U.S.-citizen or LPR parent.

In addition to proving abuse, a self-petitioner must also prove: •Good faith marriage if the abuser is a spouse or step-parent •The relationship to the abuser.

•The immigration status of the citizen or LPR spouse, parent, or child.

•Good moral character.

•Residence with the abusive family member.

•Parent-child relationship if the applicant is a non-abusive noncitizen parent whose U.S.-citizen or LPR spouse perpetrated the abuse.

What is VAWA cancellation of removal?

VAWA cancellation of removal is a form of relief designed to keep victims of abusive U.S.-citizen or LPR spouses or parents from being deported. It is a form of relief that a noncitizen victim can seek in immigration court after being placed in removal proceedings. Successful cancellation of removal results in LPR status for the victim, and his or her noncitizen children ultimately receive a green card as well.

To qualify for VAWA cancellation of removal, a victim must prove: •He or she has been battered or subjected to extreme cruelty by a U.S.-citizen or LPR spouse or parent.

•Physical presence in the United States for 3 years.

•Good moral character.

•That removal would cause extreme hardship.

•That certain inadmissibility grounds do not apply or that she qualifies for a waiver of inadmissibility.l

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3

WELCOME TO AMERICA Undocumented/from page 1 immigration.

As a result of undocumented Black immigrant erasure, I stayed silent about my status until my junior year of high school. I stayed silent because fear, uncertainty, and lack of space to openly speak about my identity made me feel like I couldn’t show up as my full self.

But then I found my voice in the immigrants’ rights movement while in college. During my undergraduate career at UCLA, I utilized the very thing I believed would work to my detriment— my status—to advocate for my fellow undocumented people across the University of California, state of California, and nation.

It wasn’t always smooth sailing though.

I often felt a sense of double consciousness. It seemed I wasn’t always considered “black enough” for Black American people, as someone from the African diaspora but not African American. And it was as if I wasn’t “immigrant enough” for the immigrants’ rights community.

During immigrants’ rights conferences people would ask me, “Where do Black immigrants come from?” and “Why haven’t I heard you speak Spanish?”

I would tell them “Black immigrants come from the same places you come from.” To the second question, I would answer: “Spanish isn’t the marker for immigrant identity—immigrants come from all across the globe.”

This idea of not being “black enough”

New York City - September 5, 2017: People protesting President Trump's decision to repeal the Deferred Action for Childhood Arrivals (DACA) policy in Lower Manhattan. Editorial credit: Christopher Penler / Shutterstock.com

always puzzled me. The sole difference between me—a Belizean-born Black person—and an American-born Black person is that my ancestors were dropped off at a different port. The reality is, there’s much more that unites us than divides us.

The Trump administration has done everything to move all Black immigrants from existing “legal” structures to illegality, placing a target on our already weaponized bodies.

This president has already barred many of us from immigrating to the United States in the first place by expanding the list of countries included in the travel ban. He has denied migrants their legal right to seek asylum. These policies all come together to mean one thing: the administration prefers immigrants from countries like Norway instead of countries like Haiti—a country the president has deemed a “shithole.”

[This] Black History Month, we can’t talk about our experiences as though they

are wholly different from one another.

We can’t talk about family separation at the U.S.-Mexico border without talking about the origins of family separation: the auction block for enslaved African families.

We can’t talk about the creation of new prisons without talking about the rise in private detention centers.

We can’t talk about the school-to-prison pipeline without talking about the schoolto-deportation pipeline.

We can’t talk about mass incarceration without talking about mass deportation.

We can’t talk about hyper-policing of African Americans without talking about hyper-policing of Black immigrants due to both our status and skin color.

My favorite quote from one of my favorite wordsmiths, James Baldwin, is from a letter to Angela Davis in which James said: “If they come for you in the morning, they will be coming for us that night.”

As we near the end of Black History Month and envision Black futures, we are reminded that our liberation is bound to one another. If I’m not free, you’re not free. If you’re not free, I’m not free.l Denea Joseph is a Deferred Action for Childhood Arrivals (DACA) recipients from Belize, Central America. She’s the founder of UndocuImpact, a national immigrant rights activist, and the former communications coordinator for the UndocuBlack Network.

DNA/from page 1 human rights organizations has denounced this new rule and expressed their concern charging that it will further demonize and stigmatize immigrants; allocate significant finances to a questionable endeavor and open up the real possibility of governmental abuse.

In a statement on January 8, 2020, Physicians for Human Rights called the new rule a violation of human and civil rights, and that the program constitutes an unethical use of biotechnology and a further attack on migrants exercising their legal right to seek asylum.

“Collecting genetic material from immigrants in federal custody is a reckless misuse of biotechnology and resources that breaches fundamental civil and human rights,” said Ranit Mishori, MD, PHR senior medical advisor. “These DNA profiles will be obtained through coercion, and the practice further discriminates against immigrants.”

“The many limitations and frequent imprecision of DNA forensics are welldocumented,” added Dr. Mishori.

The Obama administration had previously determined that collecting DNA from the hundreds of thousands of people apprehended along the border each year had limited value and was not logistically feasible. l

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IMMIGRATION MATTERS Trump’s Failure/from page 1

Nigerians /from page 1

immigrant communities and the public at large in further danger.

Eleanor Acer, Senior Director for Refugee Protection, Human Rights First, said “The Trump administration’s plans to shut the border to men, women and children seeking asylum will only endanger more lives. So too will its failure to parole in to safety asylum seekers turned back to danger under its Remain in Mexico policy. The United States has the ability to both save the lives of people seeking refuge and protect their health and the public health. Decisions relating to COVID-19 should be driven by science and public health expertise; not by the Trump administration’s long-standing agenda of closing the border to men, women and children seeking asylum.

Silky Shah, Executive Director, Detention Watch Network, said “Lives are already at risk in immigration detention, and with the spread of coronavirus, people are sitting ducks in a system notorious for its fatally flawed medical care.

Over 3,000 medical professionals and nearly 800 organizations from across the country are ringing the alarm bell to say: release people from detention now. We must prioritize taxpayer dollars for expanding treatment and critical resources for healthcare workers rather than the targeting and detaining of immigrants which puts our collective health at risk.” l

said of his plan to bring his mother to New York. “And then this happened.”

A Large Community Nigeria is Africa’s most populous country and the continent’s largest economy.

Nearly 400,000 first- and second-generation Nigerians are estimated to be living in the United States, according to a 2015 report from the Migration Policy Institute, a nonpartisan think-tank that studies immigration.

New York City boasts the nation’s largest Nigerian immigrant population, with 35,000, followed by Houston and Washington, according to the Institute.

“This is a massive expansion of the previous versions of the ban,” said Amaha Kassa, executive director of African Communities Together, a civil rights organization for African immigrants.

“African countries were targeted in the very first version of the ban, like Somalia and Sudan,” Kassa added. “But they’ve gone after the largest country on the African continent and the country with the largest diaspora.”

Nigerians are also a highly educated group of immigrants: Between 2008 and 2012, more than 60% of those with Nigerian ancestry who were 25 and older had a bachelor’s degree or higher, versus just 28.5% of all Americans, the Census Bureau found.

“Everywhere you go, Nigerians are at the top of their game,” said Abike DabiriErewa, chair of the Nigerian govern-

4 ment’s Diaspora Commission, a federal entity responsible for connecting with the estimated 17 million Nigerians she said are living outside the country.

She told THE CITY that, given the contributions of many Nigerians in the United States, the Trump administration’s decision felt especially vicious — particularly as the expanded ban most “affects those who are already here.”

In one case Dabiri-Erewa has been following, a Nigerian-American man living in America has been unable to bring his wife to the U.S. It’s a frustrating challenge for the pair, who recently married after five years of dating from more than 6,000 miles apart, she said.

‘A Lot of Fear’ There are many other stories like this one, Nigerian New Yorkers who spoke with THE CITY said.

“It’s causing chaos,” Kassa said of the travel ban.

“I don’t think people believed that this could happen to them,” he added. “There is a lot of fear. People have family members, husbands, wives, children, parents, who they had planned to help bring to the U.S. They now don’t know if that’s going to be impossible, or what.”

Dabiri-Arewa said she is “optimistic that the ban will not last for too long.”

The Nigerian government has set up a committee to examine the exceptions raised by U.S. officials, who contend the ban targeted countries that have “deficiencies in sharing terrorist, criminal or identity information.”

Nigerian officials said they also have started rolling out point-of-entry “biometric verification” in major airports, to collect information on those entering the country.

“We are hopeful the president will listen,” said Dabiri-Arewa.

DHS officials have said that the 13 countries now facing immigration restrictions will undergo regular review to ensure they are complying with the imposed vetting requirements.

Some observers thought the ban might be retracted after a federal judge on Sunday nullified President Doinald Trump’s appointment of Ken Cuccinelli as acting director of U.S. Citizenship and Immigration Service. But, while a few of Cuccinelli’s orders are expected to be retracted or at least delayed, the travel ban is exempted because it was enacted through a presidential executive order, advocates noted.

Meanwhile, Kassa said his organization is exploring ways to challenge the ban through litigation and legislation.

“We’re not just sort of sitting quietly while this happens,” he said.

Even if the Nigerian government complies with the Trump administration’s demands, Kassa is “doubtful that after jumping through hoops this is gonna go away.”

“Anyone who thinks this is a bureaucratic problem as opposed to a political one is not being realistic,” he added.l Article originally appreared in THE CITY on March 05, 2020.

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