2008 Agreement Between Us And Vietnam

“We understood that the agreement prohibits the expulsion of Vietnamese before 1995. Both governments – and the Vietnamese-American community – interpreted it that way,” Osius said in an email to The Atlantic. The Department of Foreign Affairs explained this to the White House, immigration and customs authorities. HANOI, Vietnam – Thousands of snoring Vietnamese living illegally in the United States must now be deported after the two countries reached an agreement Tuesday, raising concerns among immigrant communities. However, while the United States does not appear to have withdrawn from the 2008 agreement or renegotiated conditions with Vietnam, the Trump administration has been monitoring the deportation of these protected refugees since the first days of their mandate in 2017. The White House has unilaterally reinterpreted the agreement several times and argues that all Vietnamese immigrants who arrived before 1995 and who did not become U.S. citizens or permanent residents or who lost their legal stay with a criminal conviction have the right to be returned to the country they fled. “While the procedures for this specific agreement do not apply to Vietnamese nationals who entered the United States before July 12, 1995, it does not explicitly exclude the withdrawal of pre-1995 cases,” a State Department spokesman told The Hill. Last month, there were reports of a unilateral reinterpretation of the agreement by the Trump administration. Mariategue said the U.S. government could claim to do so, but that Vietnam needed to cooperate in issuing the travel documents necessary for deportations.

In late December, Cuong and 17 other Vietnamese immigrants were transported from the United States to Vietnam. According to Tin, six had arrived in America before 1995, a clear violation of the agreement discussed above. But this time, she said, the community is reacting proactively by taking action before the agreement expires – which the Southeast Asia Action Resource Center (SEARAC), a civil rights group, interprets is March 22 – instead of reacting after something. Vietnam, which wanted to remain on good terms before Trump`s visit, agreed to welcome the deportees rather than hold the United States on its own and ask Washington to abide by the 2008 agreement. And while during that period, only a dozen Vietnamese immigrants were deported from the United States before 1995 and Hanoi officials subsequently stepped up their opposition, Vietnam never strongly rejected the Trump administration. But the government`s focus on deporting Vietnamese in particular, which I mentioned for The New York Times and The Atlantic, is unique because, in 2008, under the U.S. administration of Republican President George W. Bush, officials in Washington and Hanoi agreed to exclude the deportation of a certain class of Vietnamese immigrants to the United States: those who arrived in the United States before July 12. 1995, when the two former enemies re-established diplomatic relations. The exception rule is simple: the Trump administration has reinterpreted in various ways a 2008 agreement with Vietnam to expand the categories of refugees it can deport, including permanent residents who committed certain crimes and others who arrived in the United States as children after the Vietnam War and who lived most of their lives in their adopted country. The efforts that appear to have affected the descendants of U.S.

troops who served in the Vietnam War are part of a broader effort to increase the number of immigrants convicted by criminal sanctions that can be deported from the United States, including permanent residents.

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