Thursday, July 30, 2009

U.S. Immigration Law Is Unenforced and Unenforceable – A Case in Point: Obama’s Kenyan Aunt Zeituni

Attending Obama’s Senate swearing-in ceremony in 2004 was a half-sister of his father, Zeituni Onyango, whom Obama had referred to in his memoir as “Auntie Zeituni.” Onyango had sought political asylum in the United States in 2002. In April 2003, an immigration judge turned down the asylum bid and ordered Onyango deported. After a series of appeals, Oyango was again ordered to leave the country in October, 2004. The order to leave was ignored by Onyango with no consequence. This is the usual case for those denied asylum – a 2003 study found that only 3 percent of those denied asylum left the country or were deported (footnote 1).

A spokesperson for the Housing Authority in Boston said that Onyango had been screened and approved for public housing as an “eligible non-citizen” in 2003. The spokesperson went on to say that the Housing Authority receives no notice of deportation orders. Furthermore, the spokesperson noted that although Onyango entered the system under federal guidelines in a federal development, she now lives in a state funded development. State law forbids the authority from asking about immigration status. Thus, the spokesperson said that the federal deportation order has no bearing on Onyango’s eligibility for the state funded project where she was living in 2008.

On April 1, 2009, the same immigration judge that heard her earlier cases gave Onyango 10 months (of living in the United States) to prepare another appeal against the outstanding deportation order. Onyango is one of many immigrants who seek to have their cases reopened, which can occur repeatedly, according to federal immigration officials.

On February 4, 2010 Zeituni Onyango was back before an immigration judge trying to make a case for asylum. She arrived in a wheelchair and her attorney indicated that medical conditions would be part of her case. Once again President Obama through his press secretary indicated he has no involvement in the case. The closed hearing ended without a decision by the judge who can make one in the coming months or continue the case on May 25.

In May 2010 the immigration judge ruled that asylum should be granted in Onyango's case based on his judgement that a return to Kenya might put her in danger. The danger results from the public disclosure of her identity in an unauthorized leak of confidential government information regarding her case three days before the November 2008 presidential election.

After the news of Zeituni Onyango's status surfaced shortly before the presidential election in the fall of 2008, the Obama campaign issued a statement at the time which said that "Senator Obama has no knowledge of her status but obviously believes that any and all appropriate laws be followed."

Other problems that commonly occur with immigrants who are under orders to leave the country are: many of those that voluntarily agree to leave the country never do; and of those that do voluntarily leave the United States or are deported, many subsequently return to the United States as illegal immigrants. Los Angeles County Sheriff Lee Baca has testified that of those illegal immigrants in Los Angeles County jails, 70 percent had been previously deported but illegally returned to the United States and were then accused of or had committed a crime. For more on the problems surrounding deportation see Michelle Malkin, "The Deportation Abyss" (subtitled: "It Ain't Over 'til the Alien Wins), Center for Immigration Studies, Backgrounder, September 2002.



References:

Associated Press writers Eileen Sullivan, Elliot Spagat, Rodrique Ngowi, and Jay Lindsay, "Obama's Kenyan Aunt in US Ilegally," AOL News, November 1, 2008.

Judy Rakowski, “2010 Deportation Hearing Is Set for Obama’s Aunt,” Washington Post, April 2, 2009.

Devin Dwyer, "Obama's Kenyan Aunt Seeks Asylum Again, Awaits Ruling on Deportation," ABC News, February 4, 2010.

Associated Press, "Immigration judge blasts leak in Obama'a aunt's asylum case," August 18, 2010.


Footnotes

1 “The Immigration and Naturalization Service’s Removal of Aliens Issued Final Orders,” Report Number I-2003-004, Office of the Inspector General, U.S. Department of Justice, February 2003.