Deporting Cambodian Refugees: Justice Denied?

• NCJ Number: 209294
• Journal: Crime & Delinquency Volume: 51 Issue: 2 Dated: April 2005 Pages: 265-290
• Author(s): Bill Ong Hing
• Date Published: April 2005
• Length: 26 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article argues that deporting Cambodian refugees convicted of crimes in the United States back to Cambodia is justice denied, since the vast majority either fled the "killing fields" of Cambodia as toddlers or were born in Thai refugee camps.

Abstract

Until recently, the United States did not deport refugees convicted of crimes to the communist countries of Cuba, Vietnam, Laos, and Cambodia, because most had fled persecution, and diplomatic ties between the United States and these countries have not been particularly strong. In March 2002, however, the Federal Government persuaded Cambodia to accept each month the repatriation of a few of its nationals who have been convicted of aggravated felonies. These individuals have served their sentences under the jurisdiction of a U.S. criminal justice system, and the vast majority either escaped from the "killing fields" of Cambodia as children or were born in Thai refugee camps. By October 2002, the deportations began. Under the agreement, the United States would deport no more than 10 refugees each month. To date, some 90 refugees have been deported, and approximately 1,500 other Cambodians await deportation. Under U.S. immigration law, aggravated felons have virtually no relief from deportation available through an immigration judge. Issues of rehabilitation, remorse, family support in the United States, employment opportunities, and the circumstances that occasioned coming to the United States are irrelevant to the deportation decision. It is neither rational nor compassionate to punish and effectively undermine hope for deportees and their families who remain in the United States, typically under conditions of need for social services and the cycle of poverty and criminogenic conditions. This article presents some case studies of Cambodian deportees that indicate the need to rethink deportation policies. 7 notes and 69 references