By Yero Jallow
In an effort to provide legal opinion on the current “raids” by ICE officials, we did talk with Sarjo Barrow, an Immigration Lawyer based in Wisconsin. As with all believers of the law, Sarjo did argue that these are “trying times for many immigrants.” If there is anyone impacted, Sarjo’s words in few, “Be proactive and work on your immigration status.” Below is the full interview with disclosure that this is not legal advice, rather just a legal opinion from an immigration lawyer.
YJ: Hello Sarjo. It is urgent that we speak with you. How are you today?
Barrow: I am doing ok, although business as usual.
YJ: I understand that you are one of the few Gambian immigration attorneys in the U.S. kindly introduce yourself to our readers and your area of specialty.
Barrow: I am from Niamina Dankunku. I now live in Madison, WI. I have been living in USA for quite a while now. I am an attorney at Lawton & Cates, S.C.
YJ: Recently, Donald Trump, a very divisive businessman cum politician, was crowned as the winner of the U.S Presidency. Any comment?
Barrow: Aren’t we all recovering from the shock.
YJ: With the Trump Presidency comes too many “executive orders.” Some of it, immigration, touches your area of practice. What is your feeling?
Barrow: In all honesty, these are trying times for many immigrants because of the uncertainty surrounding his policies. For example, DACA, undocumented, and overstayed visa holders, are at risk of executive orders should he choose to do so. However, if you have lawful status or have authorized status to stay here, I would not be alarm.
YJ: What is the exact Executive order and how is it going to impact immigrants especially Gambians? Is this targeting undocumented and/or illegal alien? Is it targeting immigrants with some aggravated crimes? Is there a chance that U.S law makers can impeach Trump on his leadership inability and divisiveness?
Barrow: There are many executive orders signed by President Trump. The ones that relates to immigration are two: Trump signed two executive orders directing the construction of a wall on the US-Mexico border, boosting border patrol forces and increasing the number of immigration enforcement officers who carry out deportations. The orders also call for stripping sanctuary cities of federal grant funding and announced sweeping new criteria that could make many more undocumented immigrants priorities for deportation.
New criteria for deportation priorities
Trump also outlined new criteria for determining which undocumented immigrants should be prioritized for deportation, putting hundreds of thousands and perhaps millions more people at the top of the federal government’s list of people to deport.
Any undocumented immigrant convicted or simply charged with a crime that hasn’t been adjudicated could be deported under the Trump administration’s new policy.
In contrast, Under Obama, only undocumented immigrants convicted of a felony, serious misdemeanor or multiple misdemeanor were considered priorities for deportation.
New priorities for deportation under Trump also include any undocumented immigrants who abuse public benefits, or simply those considered “a risk to public safety or national security… in the judgment of an immigration officer” — an entirely open-ended premise.
YJ: ICE officials has recently argued on CNN that they are not doing “raids” rather they are “enforcing the law” and describe it as “routine checks.” To many, it is really not a factual statement from ICE. What is your take on ICE?
Barrow: It is all semantic. Even though they are enforcing the laws, it is still a raid. They still target a specific population and surprised them. Whether you called it a raid or routine check, it is immigrants that are being targeted, period.
YJ: There is likely loss of reputation and trust with ICE due to some of the raids. Does ICE consider the long term relation between their profession and the community/people they serve? What would it take to bring back trust?
Barrow: I have no idea. I do believe that ICE and the immigrant community will both benefit from a good relationship.
YJ: Right now, a lot of Mexicans are affected. Some are getting deported and others languishing in Immigration detention centers. Have these deportees being allowed to see a judge before being removed? What is the number of undocumented immigrants in the U.S?
Barrow: It depends. If you are subjected to expedited removal, you will not see a judge unless you claim fear of persecution in your country. Additionally, if you have a prior order of removal, ICE may reinstate it and remove you if they have the necessary documents without you seeing a judge. Also, people with final order of removal can be removed without seeing a judge. Caveat. ICE must have a valid passport or travel document to remove you to your country. So, the fiction that people get remove without documents or seeing a judge is not all true. I do not know the numbers other than what is speculated on mainstream media. 9-11 millions.
YJ: We know that most Gambians are law abiding in nature, though there are some without papers. What is a temporal relief and long term settlement for these? How should those without legal status handle themselves in society, in schools, at the work place, etc.?
Barrow: Immigration laws remains the same. The legal path to green card remain the same. Family base, employment, special immigrant or refugee/asylee route. If you are here contrary to the laws of the USA, stay out of trouble, criminal law. Speak with an experienced immigration attorney regarding your situation to see what is out there for you. Stay home and go out only if there is a necessity.
YJ: I also understand that some enlightenment seminars are being held country wide. Any information that is available for interested readers? Also, how can us the ordinary people help those impacted?
Barrow: I tried to update people regarding urgent matter. People can follow me on Facebook to know what is going on. Also, I have a blog on our law firm website: www.lawtoncates.com. AILA.org have good resources. Check out uscis.gov too.
YJ: Thank you for your time Barrow. Any last word to share with our readers?
Barrow: be vigilant and stay out of trouble. You can’t continue to live in hiding. Therefore, be proactive and work on your immigration status. Finally, a wrong information will hurt you more than ICE raid. All Gambians are attorneys. However, do yourself a favor and seek legal advice from an experienced immigration attorney. You must be ready to invest in your own wellbeing. Pay consultation fees if you must in order to the get the correct information. I can be reach at Ph. 608.282.6200 or by email at [email protected]