WSN special
In a twist of fate that speaks to the regularity with which the oppressed are further oppressed the lives of young Sikhs who fled their homeland in hopes of a better life have been dashed. As hundreds of Sikhs leave the land of their birth to land in cities throughout the U.S. many find that instead of open arms they find locked doors. Hard line politics in the US against illegal immigrants ostensibly those from south of the border have taken a toll on Asian and Indian immigrants. Many of the young men have been recruited by agents to come to the U.S many have already spent years in jail.
Landing here they are arrested and subjected to a rough justice that offers little recourse to their dilemma. Because they are without proper identification passport or visa they are being deported back to the country that was little more than a way station on their journey.
In the last four five months some INS prisoners in San Pedro jail say that 3035 young Sikhs have been deported many have not been heard from since nor are their whereabouts known. Many say these deportations are due to the poor representation they receive from their lawyers.
Some Examples:
Ranjit Singh deported back to India now is in Tihar jail in New Delhi the feeling is that he lost his Case because he was not properly represented.
Makhan Singh – deported to Malaysia no word heard hasn’t reached India.
Tarsem Singh – from Amritsar Dist. deported to Thailand.
Baljit Singh from Jallander deported no word heard.
Harminder Singh – (same as Baljit Singh)
Gunej Singh – from Kalabakra Jallander Dist.
Kuldeep Singh (same as Gurtej).
Mohinder Singh Spenta year in
Mohinder Singh – spent a year in prison in U.S. Deported nothing heard
Jagroop Singh – Deported not heard from
Balwinder Singh – from Lambrah Jallander; not heard from.
Currently there are about 60 young Sikhs waiting in San Pedro for trials appeals or deportation Two cases:
Harpreet Singh from village Aulakh Dist. Amritsar left home after his father was killed by police “Cats” and he suffered torture at the hands of SSP Swaran Singh.
Harjeet Singh from village Dhaalka Dist. Amritsar was fortunate to escape police clutches after he was picked up and threatened with death. His brother who had been killed by mistake was one of many innocent victims of police brutality. This well-known Kabbadi player has at last been released.
Many of the imprisoned fellows say that they have paid attorneys $4000 – $5000 without results. They feel their cases are not pleaded properly which results in deportation. Some attorneys will not accept calls and refuse to appeal cases further without more money.
Not all of the problems are due to poor advocacy. According to Ms. Amrita Bedi of Legal Eagles in Long Beach CA fear false information and bureaucratic red tape are part and parcel of the situation.
In one case an individual (Mr.T.S.Singh) told WSN that his attorney (Bedi) had refused to file his appeal takes his calls or attend to his questions Confronted with the claims of her client Ms. Bedi told WSN that the client had had another attorney who had filed the political asylum case and the “merit hearing.” Mr. Singh lost the merit hearing. The time for filing his appeal had expired because his. Original lawyer had not proceeded in a timely manner. He wanted to get a release on bond The INS said this individual had at least three aliases and his case was therefore suspected. Until his true identity can be ascertained he languishes in jail.
Currently there are thousands of pending cases of Sikhs awaiting trial in the U.S.A Because the (BIA) Board of Immigration has not decided on what will be the general policy towards Sikhs their cases wait on the back burner.
This is bureaucratic red tape at issue for several detainees is where they actually stand. Confusion arises over the difference between those facing “Exclusion” proceedings and those who are awaiting Deportation”
Exclusion means that although the person is physically in the U.S. technically they are excluded from the U.S With this label they may wait interminably for release or action on their part. They are almost nonpersons. On the other hand if deportation proceedings have started and do not progress for at least six months then the individual may in-certain situations be released on bond until the case is adjudicated.
Many have questioned the reasoning behind the difference in INS enforcement from New York to Calif. In New York prisons are full of hardened criminals and the threat from desperate asylum seekers is regarded as minimal.
In Calif. prior to the construction of the San Pedro facility the INS placed individuals in the Alvarado Residence Hotel. Now because of the political climate regarding immigrants (noted earlier) these hopeless souls are arrested and often placed in county jails where the fees paid for their up keep by the Federal govt. boosts county coffers. One such county “Hell Hole” mentioned is the Kern County Jail located in California’s central valley.
But not only are the attorneys criticized for taking advantage of these unfortunates Most have had their trips arranged by unscrupulous agents who claim to be helping them escape Indian repression.
Leading them to foreign ports in Bangkok Thailand or Brazil the jailed boys named men such as Ajit Singh and Neetu Johal from Faslabad dist. Karpurthala who prey upon the young men’s naiveté and fears. Telling them that people in foreign countries like the U.S. are anti-Sikh and out to do harm to Sikhs they take the boys passports and money for “safe keeping” then the boys are treated like animals kept 45 to a small room fed lite and dumped here without money or papers.
Their arrest just adds to the ongoing misery.
Prisoners complained that the situation was so bad that they were not even allowed to cover their heads during prayers (ardas).
Thanks to the intervention of good men such as Harbans Singh Sroan and Bhajan Singh Bhinder jail authorities have relented and now are allowing the young men to have kirtan and path and to cover their heads as their religion demands.
This has provided some relief.
W.S.N on behalf of these boys and the many that we don’t know appeals to the Sangats and Gurdwara Management committees to call on your representatives to demand justice a fair hearing and release on bail.
Justice delayed is justice denied
Legal Eagles Sample Letter
The appeals filed on behalf of Sikhs are pending at the Board of Immigration in Virginia because the government is in the process of currently reviewing the “Sikh Situation” and is trying to make a policy decision as to how to process the thousands of appeals The Board of Immigration Appeals has come to appreciate that there is a problem in India otherwise why would so many individuals be filing these appeals.
The key here is to very thoroughly document and present to the Board those case histories of Sikhs who have been deported to India and the atrocities that have taken place with them Many upon immediate return to India have been severely harassed tortured jailed or even killed.
If we provide such case histories we may be able to succeed.
Help and assist your family members. Please contact everyone you know that would know of such cases that we can document. Contact friends and relatives in India and let us unite to change these limbo stats of these cases
Article extracted from this publication >> November 20, 1992