By: Kemo Kanyi
More than 1000 Gambians are currently facing the threat of ejection from the United States as President Donald continues to make good on his campaign promise to remove undocumented migrants from the US.
According to the US Immigration and Customs Enforcement (ICE), 1,035 US-based Gambians have been recommended for deportation. The ICE said these individuals fall under the “non-detained docket” with final orders of removal by the US authorities, revealing that as of November, 2024, there are 1,445,549 non-citizens on their list of non-detained docket with final orders of removal. The agency, however, explained that it was unable to provide a list of case-specific reasons why it’s unable to remove certain non-citizens on the “non-detained docket with final orders”.
“There are several reasons why ICE is unable to effectuate removals. Under Title 8 of the U.S. Code, ICE may remove non-citizens from the United States who are subject to final orders of removal issued by an immigration judge or other lawful orders, including those processed under expedited removal who either have not claimed a fear of return or received a negative credible fear determination affirmed by an immigration judge. However, this does not guarantee every person seeking to remain in the United States will be able to do so. There are several reasons ICE may not be able to effectuate the removal of a non-citizen with a final order of removal,” stated the agency.
IEC said non-citizens may pursue a form of relief or protection from removal, which may include asylum, withholding of removal, or protection under the Convention Against Torture, and that if a non-citizen is granted any form of relief from removal, ICE is unable to effectuate the removal. It added: “Additionally, ICE works to remove undocumented noncitizens from the United States once they are subject to final orders of removal in a timely manner. The U.S Government believes every country is obligated to accept the return of its citizens and nationals who are ineligible to remain in the United States. Lack of cooperation from the foreign government delays and, in many cases, inhibits the removal process. The U.S. Government requests foreign governments take appropriate steps to confirm the citizenship of noncitizens suspected to be their nationals, which include conducting interviews, issuing travel documents in a timely manner, and accepting the physical return of their nationals by scheduled commercial or charter flights consistent with ICE and/or foreign government removal guidelines.”
The ICE said lack of cooperation from countries in accepting the return of their nationals may lead to ICE classifying those countries as uncooperative or at-risk of non-compliance.
“Currently, ICE considers 15 countries to be uncooperative: Bhutan, Burma, Cuba, Democratic Republic of the Congo, Eritrea, Ethiopia, Hong Kong, India, Iran, Laos, Pakistan, the People’s Republic of China, Russia, Somalia, and Venezuela,” the agency revealed.
“ICE considers 11 countries to be at risk of non-compliance: Bosnia-Herzegovina, Burkina Faso, Cambodia, Gabon, Gambia, Iraq, Jamaica, Nicaragua, South Sudan, St. Lucia, and Vietnam,” it added.
