He was deported to Cambodia even though a judge said he could stay, at least temporarily

At least one among 30 Cambodian Americans recently deported had been issued an emergency stay a few days later by a judge to prevent the action.

As a result, he was forced to leave Sunday even though he, at least temporarily, could remain, and he traveled to a country foreign to him, only with the clothes he was wearing, according to his attorney. The man came to the U.S. legally as a refugee and lived in California.

The man had received an emergency stay of removal Jan. 14, court records from the Board of Immigration Appeals show. But that was two days after he was sent out of the country, according to Kevin Lo, an attorney at legal and civil rights organization Asian American Advancing Justice – Asian Law Caucus. Lo said he confirmed with Immigration and Customs Enforcement about the man’s departure.

Lo said he does not have his client’s permission to share details about his case. He estimated that at least a few deportees in each of the past five deportation flights to Cambodia since early 2018 have experienced similar situations.

Deportations of Cambodian Americans have increased 279 percent since 2017 as a result of visa sanctions imposed on some Cambodian officials and families, according to an NPR report in 2018. Deportations of Cambodians began in 2002 after the Bush administration signed a repatriation agreement with the government of Cambodia, but stopped briefly in 2017 after the deal fell apart.

President Donald Trump’s sanctions led to a new agreement between the countries and Cambodia has since accepted deportees in larger numbers. Many are non-citizens who have committed crimes. Some have convictions that are decades old and have already served their sentences.

As of last July, about 1,900 Cambodians present in the U.S. are subject to deportation, of whom 1,400 are convicted with crime, according to ICE.

What is a ‘stay?’

A “stay” decision issued by the Board of Immigration Appeals temporarily stops an order of removal or deportation executed by the Department of Homeland Security. An “emergency stay” is issued when the person’s removal from the U.S. is imminent, and DHS has confirmed a specific removal date and time for the person, who is in physical custody of DHS.

Lo requested for a stay for his client when he was ordered removed, and is appealing to reopen a denied motion.

But a variety of reasons have led to efforts to apply for a stay turned futile, according to Lo. Some detainees were granted a stay to remain in the country after they have already been deported back to Cambodia, he said.

For example, the emergency stay unit of the BIA will only flag a stay application for the judge to review three days before the person’s deportation, Lo said. He also must inform the unit about his client’s deportation date, but often ICE does not inform attorneys and families the deportation date due to security issues.

As a result, Lo said he must call daily to have a deportation officer tell him his client’s date of deportation. He also needs to check-in daily with the emergency stay unit of the BIA to relay the updates.

“Half the time, deportation officers do share the deportation date,” he said.

Because of the BIA workload, registering a stay can take two days, both Lo and attorney Francisco Ugarte told The Bee.

Due to the time lag, deportees may already have been removed from the country before their stay is granted.

The family of Lo’s client was not notified to drop off luggage that could be of up to 40 pounds for him, so he traveled with only the clothes he wore.

Staying in contact with immigrants in detention can be difficult.

“Before the flight, ICE will move immigrants around,” Lo said. “We lost track of the people in weeks. Phone calls are limited.” While an ICE detainee locator is available, it does not update often and therefore provides only a limited snapshot of the detainee’s location.

What happens in Cambodia?

The latest batch of deportees have landed Cambodia in shock on Jan. 15, said Bill Herod, spokesman for the Khmer Vulnerability Aid Organization, which has provided support and resources to deportees since 2002.

Many are not fluent in Khmer, the language spoken in the country. Some have “severe mental health or physical conditions before deportation”, according to a Washington Monthly article. A majority of deportees have entered the United States as refugees to flee the Khmer Rouge, a brutal regime that ruled Cambodia under dictator Pol Pot from 1975 to 1979.

Since 2002, 41 of 768 deportees who arrived Cambodia died, six by suicide, Herod said. Six have died in the last two months.

Only two were able to return to the U.S. since 2002. They are both Sacramento residents. Phorn Tem, who returned home in 2018, had been deported one day before a superior court judge would reverse his criminal conviction over a prejudicial error. Veasna Meth returned to Sacramento last year after the California conviction of residential burglary is no longer a removable offense.

KVAO staffers will pick up the deportees at the airport, and offer them a temporary place to stay, as well as basic toiletries and food at no cost, according to Herod. It provides documentation and employment assistance, as well as basic medical support for those with physical and mental health disability and chronic conditions.

The non-governmental organization is supported by grants from the United States Agency for International Development, the Mennonite Central Committee and private donations.

This story was originally published January 18, 2020 at 5:30 AM.