By Hannah Smalley, Advocacy and Education Coordinator

As we close out Black history month with a discriminatory asylum ban on the horizon, it’s time for the immigration justice movement to bring an intentional focus to racial justice. For Black immigrants, the criminalization of Blackness and the criminalization of immigration intersect with dire consequences.

ICE generally prioritizes detaining and deporting immigrants convicted of a crime, a policy that disproportionately impacts Black immigrants who face much of the same over-policing and over-sentencing that Black citizens encounter. Once in ICE custody, Black immigrants face higher than average bond payments, forcing them to remain in detention. They are six times more likely to be placed in solitary confinement than non-Black immigrants. 

Black immigrants are often left out of the conversation about humanitarian immigration. For example, immigration advocates point out that DHS often delays designating or re-designating Temporary Protected Status for majority Black countries, if it does so at all. While Ukraine received its much-needed TPS designation within weeks of the Russian invasion in 2022, Sudan and South Sudan had years-long gaps between their initial designation and redesignation. When a country is designated or re-designated for TPS, only those who have been continuously residing in the US since before that date are eligible to apply. That means Sudanese and South Sudanese immigrants who arrived in the years between the designation and redesignation dates were at risk of deportation to deadly conditions. 

Designating a country for TPS recognizes that a severe humanitarian emergency is taking place that prevents nationals from returning safely. A humane immigration system should not deport or repatriate anyone to such a situation. Haiti was designated for TPS in 2011 and re-designated in both 2021 and 2022; just weeks ago, on January 31, 2023, ICE deported 26 Haitians. Since Biden took office in January 2021, there have been 279 removal flights to Haiti returning an estimated 26,777 Haitians to dangerous conditions. “Returning to Haiti means death,” said Haitian asylum-seeker Antogama Honoraí, speaking from Mexico on his journey to the U.S. 

And Haitians aren’t the only Black asylum-seekers unjustly deported to deadly conditions. During a 2020 uptick in deportations to Cameroon, Human Rights Watch documented 39 cases of deportees detained or imprisoned by the government in connection with their attempt to seek asylum elsewhere. Thirteen deportees were subject to torture, and seven said their family members were targeted upon their return. 

These cases highlight how policies that weaken the right to seek asylum often have especially dire effects for Black immigrants. While overall asylum approval rates dropped 6% during the Trump administration, approvals for Cameroonian asylum-seekers dropped 24% despite worsening conditions in the country. 

Immigration justice will not be possible until the U.S. can acknowledge and repair the devastating effects of anti-Blackness. As we approach the 20th anniversary of DHS, it is crucial to focus on the ways it disproportionately harms Black immigrants and act daily in solidarity with Black communities.

Check out these organizations for opportunities to support Black immigrants year-round. Click each organization's logo to learn more!