Background: In March 2002, the United States and Cambodia signed an agreement permitting the removal of potentially over 1000 individuals of Cambodian origin living in the United States. The individuals entered the U.S. legally, mostly as refugees in the early 1980s who fled the oppressive conditions of the Khmer Rouge. Their removal is due to an increase in and expansion of enforcement on the part of the U.S. Department of Homeland Security of policies relating to the removal of deportees who have committed crimes (largely a result of legislation passed in 1996). The crimes for which individuals have been convicted range from relatively minor things like theft and non-violent drug offenses to gang violence. Case-by-case humanitarian review is not available in removal proceedings, giving the immigration judge no discretion to consider such factors as the individual’s family relationships, military service, likelihood of persecution, or lack of connections to country of origin. The removal of individuals who have little to no contact with Cambodia creates a number of problems. Cambodia is ill-equipped to receive such a large and complex group of individuals. The practice destroys family unity, leaving many families in the U.S. without a primary income earner. The policy also routinely ignores the special needs of individuals suffering from mental health issues or other physical health complications. Description of Fieldwork: In March 2010, the Leitner Clinic traveled to Cambodia and conducted interviews with returnees for both the database and the report. Follow up advocacy with the report was done in DC in June 2010. Partner Organization:The Leitner Clinic partnered with RISC and Deported Diaspora. Returnee Integration Support Center in Cambodia is an NGO facilitating the integration into Cambodian society of people who were admitted to the United States as refugees and are being deported to Cambodia. They offer documentation, employment, housing and referral services in order to support returnees who seek to become independent and productive members of society. Deported Diaspora unifies families and communities to raise awareness and challenge the US deportation system through education, organizing and art.
Project Description: In spring 2010, the Leitner Clinic partnered with the Returnee Integration Support Center (RISC) in Cambodia and Deported Diaspora, on a project that addresses the potential removal of over 1,000 individuals of Cambodian origin living in the United States. The Leitner team consisted of Fordham Law students Millie Canter (`10), Xiomara Ferrera (`10), Erin Miles (`11), Catherine Parnell (`10) and was co-supervised by Prof. Chi Mgbako and Zaid Hydari, a Dean's Fellow at the Leitner Center for International Law and Justice.
Project Outcome: The Leitner Clinic partnered with the Returnee Integration Support Center (RISC) in Cambodia and Deported Diaspora to create a returnee human rights database for use by advocates in Cambodia and the U.S. to seek post-deportation relief and drafted a policy report that DD and RISC will use in their advocacy efforts. The Clinic's report, "Removing Refugees: US Deportation Policy and the Cambodian-American Community" was officially released on Capital Hill and distributed to all members of Congress.
