Disproportionate deportations
published: Wednesday | December 14, 2005

THE EDITOR, Sir:

CONCURRING WITH the article regarding deportation of Jamaicans, as a criminal defence attorney in the United States, I am convinced that persons of Jamaican and other Afro-immigrant-based heritage are disproportionately deported from the United States. However, the problem is much deeper and may be beyond the scope of diplomatic resolution. It appears to me that the inequity is not in the implementation of deportation efforts but, rather, in the process which qualifies persons for deportation.

INEQUITABLE TREATMENT

A criminal defendant who happens to be a black Jamaican is caught up in the unfortunate web of inequitable treatment by law enforcement and the judicial system against blacks, immigrants and non-immigrants alike. The reality is that any plea of guilty, even if it's merely an admission to sufficient facts, will qualify a criminal defendant for deportation. As such, even the result of probation, which requires either a conviction or a plea, may result in deportation. The issue of race plays a significant role in this debate as persons who are black are (1) treated less leniently than others for minor offences and are arrested more frequently for those offences; (2) frequently not offered (or aware of) the type of pre-trial disposition of their charges that would disqualify them for deportation; and (3) often do not have the benefit of legal advocates (attorneys or otherwise) who are fully invested in their defence.

The result is that in addition to the disproportionate convictions and jail sentences received by U.S. citizens, blacks and non-U.S. citizen blacks alike, Jamaicans face the added penalty of deportation.

I am, etc.,

MALCOLM CHRIS MEDLEY

mmedley@medleypractice.com

Roslindale, MA

Via Go-Jamaica