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

 

More articles by:

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.

CounterPunch Magazine

minimag-edit

bernie-the-sandernistas-cover-344x550

zen economics

June 27, 2017
Jim Kavanagh
California Scheming: Democrats Betray Single-Payer Again
Jonathan Cook
Hersh’s New Syria Revelations Buried From View
Edward Hunt
Excessive and Avoidable Harm in Yemen
Howard Lisnoff
The Death of Democracy Both Here and Abroad and All Those Colorful Sneakers
Gary Leupp
Immanuel Kant on Electoral Interference
Kenneth Surin
Theresa May and the Tories are in Freefall
Slavoj Zizek
Get the Left
Robert Fisk
Saudi Arabia Wants to Reduce Qatar to a Vassal State
Ralph Nader
Driverless Cars: Hype, Hubris and Distractions
Rima Najjar
Palestinians Are Seeking Justice in Jerusalem – Not an Abusive Life-Long Mate
Norman Solomon
Is ‘Russiagate’ Collapsing as a Political Strategy?
Binoy Kampmark
In the Twitter Building: Tech Incubators and Altering Perceptions
Dean Baker
Uber’s Repudiation is the Moment for the U.S. to Finally Start Regulating the So-called Sharing Economy
Rob Seimetz
What I Saw From The Law
George Wuerthner
The Causes of Forest Fires: Climate vs. Logging
June 26, 2017
William Hawes – Jason Holland
Lies That Capitalists Tell Us
Chairman Brandon Sazue
Out of the Shadow of Custer: Zinke Proves He’s No “Champion” of Indian Country With his Grizzly Lies
Patrick Cockburn
Grenfell Tower: the Tragic Price of the Rolled-Back Stat
Joseph Mangano
Tritium: Toxic Tip of the Nuclear Iceberg
Ray McGovern
Hersh’s Big Scoop: Bad Intel Behind Trump’s Syria Attack
Roy Eidelson
Heart of Darkness: Observations on a Torture Notebook
Geoff Beckman
Why Democrats Lose: the Case of Jon Ossoff
Matthew Stevenson
Travels Around Trump’s America
David Macaray
Law Enforcement’s Dirty Little Secret
Colin Todhunter
Future Shock: Imagining India
Yoav Litvin
Animals at the Roger Waters Concert
Binoy Kampmark
Pride in San Francisco
Stansfield Smith
North Koreans in South Korea Face Imprisonment for Wanting to Return Home
Hamid Yazdan Panah
Remembering Native American Civil Rights Pioneer, Lehman Brightman
James Porteous
Seventeen-Year-Old Nabra Hassanen Was Murdered
Weekend Edition
June 23, 2017
Friday - Sunday
Jeffrey St. Clair
Democrats in the Dead Zone
Gary Leupp
Trump, Qatar and the Danger of Total Confusion
Andrew Levine
The “Democracies” We Deserve
Jeffrey St. Clair - Joshua Frank
The FBI’s “Operation Backfire” and the Case of Briana Waters
Rob Urie
Cannibal Corpse
Joseph G. Ramsey
Savage Calculations: On the Exoneration of Philando Castile’s Killer
John Wight
Trump’s Attack on Cuba
Dave Lindorff
We Need a Mass Movement to Demand Radical Progressive Change
Brian Cloughley
Moving Closer to Doom
David Rosen
The Sex Offender: the 21st Century Witch
John Feffer
All Signs Point to Trump’s Coming War With Iran
Jennifer L. Lieberman
What’s Really New About the Gig Economy?
Pete Dolack
Analyzing the Failures of Syriza
Vijay Prashad
The Russian Nexus
Mike Whitney
Putin Tries to Avoid a Wider War With the US
FacebookTwitterGoogle+RedditEmail