Deportation fight

A United States (US) immigration court judge in Miami, Florida, last Tuesday wished a Jamaican family the best of luck in their efforts to solidify their asylum case, several years after they handed illegal firearms over to Jamaican law enforcement. The guns, belonging to gangsters, were stored in their yard

Although the incident took place nearly 13 years ago, the family has continued to face threats of violence, including murder and rape of female relatives.

The Sunday Gleaner understands that after fleeing a tough Kingston neighbourhood, their new home was discovered, resulting in further threats.

In August 2022, fearing for their safety, the family of mainly women and children crossed the US-Mexico border to enter America illegally, leaving behind poverty, fear and threats.

Now, the family faces another challenge: fighting deportation back to Jamaica, where their troubles began. They have been placed in removal proceedings while their asylum case is pending.

The matriarch of the family, M.M.*, told The Sunday Gleaner in an interview at a private location in Miami that she would make the same decision again as she sought to protect her family.

“She said against their will, their yard in the ghetto was used to stash deadly weapons.

At the time, MM, then 78, called the police and showed them where the weapons were hidden, and she has no regrets about giving them up.

“No, not really (any regrets),” she said.

Her granddaughter, J.L.*, added, “I mean there wouldn’t be any regret because she was protecting her family. She has kids in and out of the house where the firearms were being kept so it was in order to protect her family.”

In November 2016, President Donald Trump won the US presidential election, campaigning hard against illegal immigration, particularly across the southern border, which he described as a “crisis”. He vowed to enforce strict immigration policies if re-elected.

On his first day returning to the White House on January 20, he signed executive orders making the mass deportation of immigrants legal. This created anxiety for the Jamaican family.

“It’s actually seven people that came across the Mexican border. As it relates to Trump and his rules, it’s just fearmongering. It’s a common misconception that as you step outside, you will be detained. A lot of things have changed and not for the better; however, it’s not a case that as you go outside, you are immediately caught and put into lock-up,” J.L. said, adding that their experience in court has been relatively smooth.

She said the immigration judge had been kind, wishing them good luck sincerely.

“I’m also appreciative of the judge that we have. Trump can make the rules, but at the end of the day, the judge, guided by the constitution, is the one that has the final decision,” J.L. said.

Life in the US has certainly brought challenges, as the family has noticed.

“Life here is like a roller coaster but of course, we are getting by,” M.M. said.

The family told The Sunday Gleaner that nearly three years after their arrival, they are still adjusting to their new surroundings, especially as they cannot move as freely as they would want to under the current US administration.

On March 26, US Secretary of State Marco Rubio, who is also from Florida, visited Jamaica and told journalists that the country is not one of the top sources of illegal immigration.

“What the president has said – and I don’t know anybody who can disagree with this – [is that] every country in the world has immigration laws. If you don’t enforce them, then you don’t have immigration laws.

“Over the last few years, we have had what, 13, 14, 15 million people enter the United States unlawfully and irregularly. No country in the world can [absorb] that. By the way, that is not unique to us. Even here in Jamaica, you face challenges of migration,” Rubio said, adding that it is not that the US does not sympathise with people leaving difficult circumstances, but the volume of immigrants is overwhelming.

“We are facing that challenge and that’s not specific to Jamaica, I’m just speaking in general, and so the president is doing something that frankly hasn’t been done in a long time, he is enforcing our immigration laws,” Rubio said.

M.Z.*, another of M.M.’s granddaughters who entered the US illegally and is now a naturalised legal resident, assisted in getting her family into the North American country.

She told The Sunday Gleaner that the millions of dollars spent on securing their family’s safety and passage to the US was far better than spending the same money on their security back in Jamaica.

NEXT PHASE

“The asylum hearing has moved on to the individual hearing phase, so what that means is that the next court date, we’ll present our case with all the evidence and then the judge will make a decision on whether asylum is granted or not,” M.Z. told The Sunday Gleaner.

Last week, the anxious family was among several foreign and Caribbean nationals, including Cubans and Haitians, The Sunday Gleaner saw attending removal proceedings hearings in the downtown Miami immigration court.

Judge Junior E. Velasquez, who presided over their case on Tuesday, read their charging documents and they were asked to answer true or false to the evidence brought against them.

“What I need you to tell me is if these allegations are true or not, then the court will make a finding about whether you are removed from United States, and then you’re gonna be able to apply for relief – in this case, asylum – and I would set the case for another hearing, where you testify in support of your application for asylum,” Velasquez said.

The group acknowledged that they are citizens of Jamaica and are not nationals of the United States.

ADMITTED TO ILLEGAL ENTRY

They also testified that they arrived in the US, via California, on or around August 11, 2022 and that they crossed the border into the US unlawfully.

“Based on your admission and concession, I’m going to conclude and find that both of you (MM. and J.L.) are removed [from the] US,” the judge said, acknowledging the country of removal to be Jamaica, based on Department of Homeland Security instructions.

The court acknowledged that there were asylum applications on file.

“I’m going to continue your cases to an individual hearing date to hear your testimony in support of your application for asylum … . I will also give you ample time to find a lawyer to help with these proceedings, okay? If you don’t find a lawyer, you still need to be here for that day and present your case, where I’d ask both of you questions,” Velasquez said.

The judge gave them a 2028 date to return to court and present their case.

The family left the courtroom feeling somewhat relieved, despite the uncertainty ahead.

“It brings a lot of fear to think about being sent back to Jamaica, and what we are going to do? How is it going to be when we get back there?” said M.M., who is now ailing.

M.Z. told The Sunday Gleaner that Jamaica now is different from three or four years ago.

“The uncertainty of going back there, not knowing how it is, that’s the fear, and additionally, resources in Jamaica, especially for the elderly, are not that plentiful, and if you are sick, that’s a major concern,” she said.

The family said that with limited resources, the asylum journey has been challenging.

“There aren’t many free lawyers that are available to assist with the case and the lawyers that are available are really expensive. We were feeling through the dark in order to get our paperwork submitted. It took a lot of research, but we got to where we are today, still without a lawyer,” M.Z. told The Sunday Gleaner.

The family also mentioned the difficulty of obtaining news clippings and articles related to the incident 13 years later, adding that they are important for their final hearing preparation.

“[Even] getting a police report is kinda challenging, but we are trying to do our best,” M.Z. said.

At least one family member was gunned down in Jamaica as a result of the threats after the firearms were handed over.

This helped them to make the decision to flee, but the journey to the US was no easy feat.

“It was hard. One of our family members even fell while coming down from the wall into the US and hurt her leg, so it was hard. Coming through the desert, as they explained it to me, it was hot, it was musty. They had to run and hide from the police, slide down hills and then climb this fence, so it wasn’t an easy journey,” M.Z. said, noting that it was costly.

“This is our story. This is what transpired, when doing the right thing puts your life in danger,” J.L. said.

*Names (including initials) changed to protect their identities.

andre.williams@gleanerjm.com