FacebookTwitterGoogle+RedditEmail

The Carachuri-Rosendo Case

by TANYA GOLASH-BOZA

On Monday, the Supreme Court in a unanimous decision that immigrants who are legally in the United States do not face automatic deportation for a minor drug offense. They still can be deported, but also can apply for cancellation of removal which would allow them to plead their case and argue that they merit staying in the United States.

This decision is an improvement over a punitive system where long-term residents of the United States have been deported for possession of small amounts of marijuana and prescription drugs. Nevertheless, the fact that Supreme Court justices have to determine that someone like Jose Angel Carachuri-Rosendo deserves a fair trial points to the need for a serious overhaul of the deportation regime.

Mr. Carachuri-Rosendo was brought to the United States from Mexico by his parents as a legal permanent resident when he was five years old. In 2004, he was sentenced to 20 days in jail for possession of less than two ounces of marijuana. The next year, he was sentenced to ten days in jail for having a single tablet of Xanax, an anti-anxiety drug, without a prescription. Because this amounts to two drug offenses, Mr. Carachuri-Rosendo was deemed an aggravated felon and faced mandatory detention and deportation. This means that he would not be allowed to argue that his crimes were fairly minor, that he has lived in the United States since he was five, that his mother, his common-law wife and four children are US citizens, and that he has few ties to Mexico. It still is not clear whether or not he will be deported, but at least now he has the chance to apply for cancellation of removal.

If Mr. Carachuri-Rosendo is granted relief from deportation, he will be allowed to remain in the United States with his family. If his request is denied, he will be one of the over 1,000 people that are deported each day. About one-third of deportees are deported for criminal offenses. Many are deported for relatively minor crimes, especially for drug violations.

According to ICE’s 2009 Immigration Enforcement Actions Report, 35.9 percent of people deported on criminal grounds in FY 2008 were deported for drug offenses. This amounts for 34,882 people deported for possession, selling, or smuggling drugs. A 2009 Human Rights Watch Report provides more detail and indicates that between 1997 and 2007, over 50,000 people were deported for simple drug or paraphernalia possession – 28,885 people were deported for the possession of cocaine, 11,063 for possession of marijuana, 6,492 for possessing amphetamines, 3,476 for possessing heroin, and 1,889 for possessing narcotic equipment.

Hopefully Mr. Carachuri-Rosendo’s case will set a precedent and families will not be torn apart because of minor drug convictions. More importantly, however, this case points to the need to overhaul current deportation policy to allow all deportees to have a fair trial.

Tanya Maria Golash-Boza is an Assistant Professor at the University of Kansas. She blogs at http://stopdeportationsnow.blogspot.com

 

WORDS THAT STICK

 

Tanya Golash-Boza is the author of: Yo Soy Negro Blackness in PeruImmigration Nation: Raids, Detentions and Deportations in Post-9/11 Americaand Due Process Denied: Detentions and Deportations in the United States. Her new book Deported: Immigrant Policing, Disposable Labor, and Global Capitalism will be published by NYU Press in 2015.

Weekend Edition
April 29, 2016
Friday - Sunday
Andrew Levine
What is the Democratic Party Good For? Absolutely Nothing
Roberto J. González – David Price
Anthropologists Marshalling History: the American Anthropological Association’s Vote on the Academic Boycott of Israeli Institutions
Robert Jacobs
Hanford, Not Fukushima, is the Big Radiological Threat to the West Coast
Ismael Hossein-Zadeh
US Presidential Election: Beyond Lesser Evilism
Dave Lindorff
The Push to Make Sanders the Green Party’s Candidate
Ian Fairlie
Chernobyl’s Ongoing Toll: 40,000 More Cancer Deaths?
Pete Dolack
Verizon Sticks it to its Workers Because $45 Billion isn’t Enough
Richard Falk
If Obama Visits Hiroshima
Margaret Kimberley
Dishonoring Harriet Tubman
Deepak Tripathi
The United States, Britain and the European Union
Peter Linebaugh
Marymount, Haymarket, Marikana: a Brief Note Towards ‘Completing’ May Day
Eva Golinger
My Country, My Love: a Conversation with Gerardo and Adriana of the Cuban Five
Moshe Adler
May Day: a Trade Agreement to Unite Third World and American Workers
Vijay Prashad
Political Violence in Honduras
Paul Krane
Where Gun Control Ought to Start: Disarming the Police
David Anderson
Al Jazeera America: Goodbye to All That Jazz
Rob Hager
Platform Perversity: More From the Campaign That Can’t Strategize
Pat Williams
FDR in Montana
Dave Marsh
Every Day I Read the Book (the Best Music Books of the Last Year)
David Rosen
Job Satisfaction Under Perpetual Stagnation
John Feffer
Big Oil isn’t Going Down Without a Fight
Murray Dobbin
The Canadian / Saudi Arms Deal: More Than Meets the Eye?
Gary Engler
The Devil Capitalism
Brian Cloughley
Is Washington Preparing for War Against Russia?
Manuel E. Yepe
The Big Lies and the Small Lies
Robert Fantina
Vice Presidents, Candidates and History
Mel Gurtov
Sanctions and Defiance in North Korea
Howard Lisnoff
Still the Litmus Test of Worth
Dean Baker
Big Business and the Overtime Rule: Irrational Complaints
Ulrich Heyden
Crimea as a Paradise for High-Class Tourism?
Ramzy Baroud
Did the Arabs Betray Palestine? – A Schism between the Ruling Classes and the Wider Society
Halyna Mokrushyna
The War on Ukrainian Scientists
Joseph Natoli
Who’s the Better Neoliberal?
Ron Jacobs
The Battle at Big Brown: Joe Allen’s The Package King
Wahid Azal
Class Struggle and Westoxication in Pahlavi Iran: a Review of the Iranian Series ‘Shahrzad’
David Crisp
After All These Years, Newspapers Still Needed
Graham Peebles
Hungry and Frightened: Famine in Ethiopia 2016
Robert Koehler
Opening the Closed Political Culture
Missy Comley Beattie
Waves of Nostalgia
Thomas Knapp
The Problem with Donald Trump’s Version of “America First”
Georgina Downs
Hillsborough and Beyond: Establishment Cover Ups, Lies & Corruption
Jeffrey St. Clair
Groove on the Tracks: the Magic Left Hand of Red Garland
Ben Debney
Kush Zombies: QELD’s Hat Tip to Old School Hip Hop
Charles R. Larson
Moby Dick on Steroids?
David Yearsley
Miles Davis: Ace of Baseness
FacebookTwitterGoogle+RedditEmail