It’s time for immigration policies that work to keep families together

In 2020, President Joe Biden and Vice President Kamala Harris assumed office amid promises of more compassionate and just immigration policies. But just last Thursday, a longtime Philadelphia resident was taken into detention for deportation to a country he’s not from and has never been to.

Biden and Harris specifically pledged to provide a pathway to citizenship for undocumented immigrants and vowed to dismantle the cruel apparatus of detention and deportation.

» READ MORE: What I wish for in 2024: A coherent immigration policy | Opinion

However, these promises have been overshadowed by the administration’s role in the continuation and expansion of detention facilities, and a worrying increase in deportations — actions that not only betray campaign commitments but also deepen the anguish within our communities.

One of us, David Bennion, is a lawyer representing a client whose case underscores the failings of those commitments. Bennion’s client, Sereyrath “One” Van, a lifelong Philadelphian, is facing deportation to a country he has never set foot in.

One was born in Thailand after his family fled the Khmer Rouge genocide in Cambodia. His family resettled as refugees in the United States in 1984, when One was 4 years old.

After serving a sentence in state prison for a controlled substance offense, One was on track for early release last October. Instead, he was transferred into U.S. Immigration and Customs Enforcement (ICE) custody at the Moshannon Valley detention center in Pennsylvania, where he was detained an additional three months before his release under supervision this January.

Moshannon Valley is the largest ICE prison in the Northeast, with more than 1,200 people held there on average at any given time. Last month, the American Civil Liberties Union and other organizations filed a federal civil rights complaint against the U.S. Department of Homeland Security on the basis of “unconstitutional, punitive, and harmful” conditions there, including the death of a 37-year-old man in October.

One’s story is all too common.

Over the past seven months, One has been reconnecting with family and friends and applying the lessons he learned from his incarceration.

But on Aug. 15, as part of a national trend of deporting longtime residents of the U.S. under supervision, ICE detained One again and sent him back to Moshannon Valley — the first step in taking away One’s opportunity to turn his life around and deporting him to Cambodia, a country he has never been to. Indeed, One has never had any documentation of Cambodian citizenship.

Further complicating matters, One is not a Thai citizen even though he was born there because birthright citizenship is not extended to post-Vietnam War refugees. Without any formal ties to Thailand or Cambodia, One may, in fact, be stateless.

But that would not alter his deportation status: The U.S. has effectively bullied officials in Cambodia — and many other nations — into accepting stateless deportees by threatening to withhold U.S. visas from their citizens under a little-known provision in the Immigration and Nationality Act.

One’s story is all too common, and we know many more members of the immigrant community in Philadelphia who will soon be facing deportation. These are our family members, our friends, and our neighbors, who — if deported — may never see their families again.

We cannot afford to continue ignoring the profound harm caused by detention and deportation.

The recent introduction of the Biden “Parole in Place” policy marks a step forward, but it remains a piecemeal measure that falls short of addressing the many injustices ingrained in our immigration system.

Far too many families remain vulnerable, and our communities demand permanent solutions. We cannot afford to continue ignoring the profound harm caused by detention and deportation. Every single day, we are reminded of the stark realities immigrants experience in our state as individuals and families strive for security and opportunity, but remain ensnared in a system that perpetuates fear and uncertainty.

We also cannot overlook the insidious relationship between the criminal punishment and immigration enforcement systems.

Immigrants, particularly those from communities of color, are disproportionately represented in both systems, subjected to harsh penalties, and bear lifelong consequences for often minor infractions.

Together, these systems perpetuate cycles of poverty, incarceration, and deportation — creating a devastating ripple effect that destabilizes families and communities and further contributes to the corrosion of our democracy.

Now more than ever, it is crucial that the Biden-Harris administration take decisive action by shutting down four detention centers in our region: Moshannon Valley, Pike, and Clinton in Pennsylvania, as well as the Elizabeth Detention Center in New Jersey.

» READ MORE: Biden will lose the support of eligible immigrant voters without humane border policies | Opinion

Over the final months remaining in his term, Biden has a historic opportunity to correct course and uphold the values of justice, fairness, and inclusivity.

We urge the Biden-Harris administration to reduce its reliance on detention as a policy tool. The administration should instead exercise prosecutorial discretion in favor of immigrant communities, protect immigrant victims of serious crimes, and support protections for stateless people.

ICE does not have to deport One and other members of the immigrant community — that is a choice.

As we reflect on Biden’s legacy, we must ask: Will he be remembered as a champion of justice who stood against xenophobia and discrimination? Or will he be remembered for perpetuating a system that tears families apart and criminalizes the pursuit of a better life?

The choice is clear. The time for action is now, President Biden. Our communities cannot wait.

Kate Firestone is the membership director for the Pennsylvania Immigration and Citizenship Coalition. David Bennion is a practicing immigration attorney and the founder and executive director of the Free Migration Project.