United States immigration and deportation enforcement continues to ramp up, impacting on Marshallese and Micronesians in new and unprecedented ways.

The Trump administration’s directive to Immigration and Customs Enforcement (ICE) to arrest and deport massive numbers of potentially illegal aliens, including those with convictions from decades past, is seeing Marshallese and Micronesians swept up by ICE.

The latest unprecedented development is Marshallese and Micronesians being removed from the United States to the offshore detention facility at the US Navy base in Guantánamo Bay — a facility set up to jail terrorists suspected of involvement in the 9/11 airplane attacks in the US in 2001.

Marshall Islands Ambassador to the US Charles Paul this week confirmed a media report that one Marshallese was currently incarcerated at Guantánamo, which is also known as “GTMO”.

The same report from nationnews.com said 72 detainees from 26 countries had been sent to GTMO last week, including from the Marshall Islands and the Federated States of Micronesia.

A statement issued by the US Department of Homeland Security, which oversees ICE operations, concerning detention of foreigners with criminal records at GTMO said Homeland Security Secretary Kristi Noem was using “every tool available to get criminal illegal aliens off our streets and out of our country.”

But the action was criticised by a Marshallese advocate for citizens from the Compact countries in the US.

‘Legal, ethical concerns’
“As a Compact of Free Association (COFA) advocate and ordinary indigenous citizen of the Marshallese Islands, I strongly condemn the detention of COFA migrants — including citizens from the Republic of the Marshall Islands — at the US Naval Base in Guantánamo Bay,” Benson Gideon said in a social media post this week.

“This action raises urgent legal, constitutional, and ethical concerns that must be addressed without delay.”

Since seeing the news about detention of a Marshallese in this US facility used to hold suspected terrorists, Ambassador Paul said he had “been in touch with ICE to repatriate one Marshallese being detained.”

Paul said he was “awaiting all the documents pertaining to the criminal charges, but we were informed that the individual has several felony and misdemeanor convictions. We are working closely with ICE to expedite this process.”

Gideon said bluntly the detention of the Marshallese was a breach of Compact treaty obligations.

“The COFA agreement guarantees fair treatment. Military detention undermines this commitment,” he said.

Gideon listed the strong Marshallese links with the US — service in high numbers in the US military, hosting of the Kwajalein missile range, US military control of Marshall Islands ocean and air space — as examples of Marshallese contributions to the US.

‘Treated as criminals’
“Despite these sacrifices, our people are being treated as criminals and confined in a facility historically associated with terrorism suspects,” he said.

“I call on the US Embassy in Majuro to publicly address this injustice and work with federal agencies to ensure COFA Marshallese residents are treated with dignity and fairness.

“If we are good enough to host your missile ranges, fight in your military, and support your defence strategy, then we are good enough to be protected — not punished. Let justice, transparency, and respect prevail.”

There were 72 immigration detainees at Guantánamo Bay, 58 of them classified as high-risk and 14 in the low-risk category, reported nationnews.com.

The report added that the criminal records of the detainees include convictions for homicide; sexual offences, including against children; child pornography; assault with a weapon; kidnapping; drug smuggling; and robbery.

Civil rights advocates have called the detention of immigration detainees at Guantanamo Bay punitive and unlawful, arguing in an active lawsuit that federal law does not allow the government to hold those awaiting deportation outside of US territory.

In other US immigration and deportation developments:

• The delivery last month by US military aircraft of 18 Marshallese deported from the US and escorted by armed ICE agents is another example of the ramped-up deportation focus of the Trump administration. Since the early 2000s more than 300 Marshall Islanders have been deported from the US. Prior to the Trump administration, past deportations were managed by US Marshals escorting deportees individually on commercial flights.
• According to Marshall Islands authorities, there have not been any deportations since the June 10 military flight to Majuro, suggesting that group deportations may be the way the Trump administration handles further deportations.
• Individual travellers flying into Honolulu whose passports note place of birth as Kiribati are reportedly now being refused entry. This reportedly happened to a Marshallese passport holder late last month who had previously travel
• led in and out of the US without issue.

Most Marshallese passport holders enjoy visa-free travel to the US, though there are different levels of access to the US based on if citizenship was gained through naturalisation or a passport sales programme in the 1980s and 1990s.

US Ambassador to the Marshall Islands Laura Stone said, however, that “the visa-free travel rules have not changed.”

She said she could not speak to any individual traveller’s situation without adequate information to evaluate the situation.

She pointed out that citizenship “acquired through naturalisation, marriage, investment, adoption” have different rules. Stone urged all travellers to examine the rules carefully and determine their eligibility for visa-free travel.

“If they have a question, we would be happy to answer their enquiry at ConsMajuro@state.gov,” she added.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

The Defence Force is sending a plane to the Middle East to assist any New Zealanders stranded in Iran or Israel.

The C-130J Hercules, along with government personnel, will leave Auckland on Monday.

Airspace is still closed in the region, but Defence Minister Judith Collins said the deployment was part of New Zealand’s contingency plans.

“Airspace in Israel and Iran remains heavily restricted, which means getting people out by aircraft is not yet possible, but by positioning an aircraft, and defence and foreign affairs personnel in the region, we may be able to do more when airspace reopens,” she said.

The government was also in discussions with commercial airlines to see what they could do to assist, although it was uncertain when airspace would reopen.

Foreign Affairs Minister Winston Peters said New Zealanders should do everything they could to leave now, if they could find a safe route.

“We know it will not be safe for everyone to leave Iran or Israel, and many people may not have access to transport or fuel supplies,” he said.

‘Stay in touch’
“If you are in this situation, you should shelter in place, follow appropriate advice from local authorities and stay in touch with family and friends where possible.”

Peters reiterated New Zealand’s call for diplomacy and dialogue.

“Ongoing military action in the Middle East is extremely worrying and it is critical further escalation is avoided,” he said. “New Zealand strongly supports efforts towards diplomacy.

“We urge all parties to return to talks. Diplomacy will deliver a more enduring resolution than further military action.”

It will take a few days for the Hercules to reach the region.

New Zealanders in Iran and Israel needing urgent consular assistance should call the Ministry’s Emergency Consular Call Centre on +64 99 20 20 20.

New Zealand hoped the aircraft and personnel would not be needed, and diplomatic efforts would prevail, Collins re-iterated.

The ministers would not say where exactly the plane and personnel would be based, for security reasons.

Registered number in Iran jumps
Peters told reporters the number of New Zealanders registered in Iran had jumped since the escalation of the crisis.

“We thought, at a certain time, we had them all counted out at 46,” he said. “It’s far more closer to 80 now, because they’re coming out of the woodwork, despite the fact that, for months, we said, ‘Look, this is a danger zone’, and for a number of days we’ve said, ‘Get out if you possibly can’.”

There were 101 New Zealanders registered in Israel. Again, Peters said the figure had risen recently.

He indicated people from other nations could be assisted, similar to when the NZDF assisted in repatriations from New Caledonia last year.

Labour defence spokesperson Peeni Henare supported the move.

“I acknowledge the news that the New Zealand Defence Force will soon begin a repatriation mission to the Middle East, and thank the crew and officials on this mission for their ongoing work to bring New Zealanders home safely,” he said.

While he agreed with the government that the attacks were a dangerous escalation of the conflict and supported the government’s calls for dialogue, he said the US bombing of Iran was a breach of international law and the government should be saying it.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

Plans are underway to help Tokelauans stuck abroad, mostly in New Zealand and Samoa, to return home.

The general manager for the office of the Taupulega (council of elders) of the atoll of Nukunonu, Asi Pasilio, said borders had been shut for more than two years with the country maintaining its covid-19 free status.

Pasilio said no firm date had been set just yet because it depended on the reopening of Samoa’s border.

She said officials were working towards being ready for the first repatriation flight, with quarantine restrictions to take place in late August or early September.

“Currently in Nukunonu and Tokelau we are preparing for our first repatriation flight in a few years, mostly in New Zealand and Samoa,” she said.

“We have essential workers that need to return home. But to do that we need to prepare this by making sure we have the quarantine houses are well set up and the support for their arrival making sure that we have enough health staff to look after the quarantine services for when our people arrive.”

Family again refuses to get vaccinated
A family that has been under tunoa — effectively house arrest — on Nukunonu in Tokelau for the past 11 months has once again refused to get vaccinated.

Vaccinations are mandatory in Tokelau and local councils and village elders are making sure the rules are kept.

Mahelino Patelesio, his wife and two adult children, have been placed under tunoa, to protect the community.

He said it had been a struggle since they refused the vaccination and have been confined to their property on the beach.

Tokelau’s government says it was maintaining tough measures to keep the territory covid-free.

The Taupulega in Nukunonu has not ruled out loosening restrictions and the Patelesio family is expected to be discussed again next week.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

One student from the Central Highlands in West Papua that RNZ Pacific has spoken to says he has had his dreams of a brighter future shattered by the Indonesian government.

Laurens Ikinia is a Master of Communications student at Auckland University of Technology (AUT), who has been ordered home just when he was due to complete his studies this month.

“The government has terminated the scholarships of 42 students here in Aotearoa who are the recipients of Papua provincial government scholarships and I am one of the students who was terminated, and this is worrying me,” Ikinia said.

West Papua’s struggles began in 1962 when the former Dutch colony was controversially and forcibly annexed by the Indonesian military through the New York agreement signed by the Netherlands and Indonesia.

In 1969, Western countries oversaw the takeover from the Netherlands to Indonesia and the right of self-determination was stripped from West Papuans.

“We are just surviving and do some part-time jobs as long as we can but, unfortunately, some students cannot work because of their visa conditions. I don’t know how long it’s going to take us but that’s what we are doing just to survive,” Ikinia said.

Of the 42 students impacted on by the new policy, 27 were on course to finish their studies.

‘Lame’ reason for policy change
The reason given by Indonesian authorities that the students were being recalled because they were failing in their studies was “lame”, Ikenia said.

“We don’t see that there will be a good future when the concerned students will go home. Most of the students come from low-income families. Even some parents cannot afford to send their children to pursue education up to tertiary level.

“I have not finished my thesis yet because my team and I have been busy with advocacy. However, I am determined to finish my study within this month,” he said.

West Papuan students fight to keep #scholarships to study in #Aotearoa #AsiaPacificReport #WestPapua @westpapuamedia @westpapuanews @LaurensIkinia #TeAoMaoriNews #education @VictorcMambor #nzpol https://t.co/mFfkHSvIqq pic.twitter.com/nj4toFIwPF

— David Robie (@DavidRobie) March 17, 2022

“We have tried our best through various channels to communicate and negotiate with the Indonesian government in Jakarta, and the Papuan provincial government. However, as of today, there is no positive response.

“The provincial government stated in the letter that they would no longer support the students on the list. We have provided the complete data of the concerned students to clarify the data that the provincial government has, but they still stick to their decision to repatriate the concerned students.

“We are so heartbroken by this decision,” Ikinia said.

The students have approached the Green Party to lobby the New Zealand government on their behalf to try to resolve the issue.

Green MPs meet students
Green Party MPs Ricardo Menendez March and Teanau Tuiono met with West Papuan students last week.

The Greens have asked the government for a scholarship fund to support those West Papuan students impacted by this funding decision.

They are also seeking a residency pathway for West Papuan students whose welfare is impacted on as a result of their scholarship fund being cut.

Additionally, they have asked the government to ensure students from West Papua remain safely housed in affordable accommodation because many students are on the verge of termination by their landlords.

The Greens were awaiting a response from the government.

All the West Papuan students, the recipients of the Papua provincial foreign scholarship in New Zealand, have not received their allowance and living costs since January.

“We have been receiving a lot of pressure from landlords and property owners. Some students have received a final warning from the owners,” Ikinia said.

“I still don’t know what is going to happen if we don’t pay the rent. For instance, I received the final warning email today.”

He thanked AUT for understanding his plight.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

Immigration Secretary Yogesh Karan has confirmed that 13 Fijians who are currently stuck in Afghanistan after the Taliban takeover last Sunday are safe and officials are working to repatriate them as soon as possible.

Karan said two worked for private contractors and the other 11 were with international organisations.

He said they had had a discussion with the Australian High Commission which gave an assurance that they would make every effort to “include our people in the evacuation flight”.

Karan said it was very difficult to contact them because Fiji did not have a mission in Afghanistan and they are trying to contact them via New Delhi.

He added Fiji was also working with UN agencies and the Indian government to get them out of there as quickly as possible.

Karan was also requesting anyone who had contacts with anyone in Afghanistan to let the ministry know so they could note their details.

NZ promises repatriation
RNZ News reports that people promised help in getting out of Afghanistan were desperate for information, saying they did not know where they should be or who to contact.

New Zealand citizens and at least 200 Afghans who helped New Zealand’s efforts in the country were expected to be repatriated.

Diamond Kazimi, a former interpreter for the NZ Defence Force in Afghanistan, who now lives in New Zealand, has been getting calls from those who helped the military and wanted to know when help is coming.

The Ministry of Foreign Affairs and Trade is providing consular assistance to 104 New Zealanders in Afghanistan but would not say where they were, what advice they were being given, or how they planned to make sure they were on the repatriation flight.

Article by AsiaPacificReport.nz

There is no death penalty in New Zealand, unlike the United States. But Christchurch terrorist Brenton Tarrant, due for sentencing this week, will be going to jail for a very long time.

A minimum of 17 years is required for a murder committed as part of a terrorist act, and Tarrant has admitted to 51 such murders (among other crimes).

Also unlike the US, New Zealand does not allow cumulative sentences on indeterminate sentences (such as life imprisonment). But it does allow for the imposition of what could become an indeterminate sentence with no minimum parole period.

READ MORE: Will life mean life when the Christchurch mosque killer is sentenced?

To lock Tarrant up in perpetuity will be very expensive. He is currently costing just over NZ$4,930 a day due to the extra levels of security, considerably more than the average of about $338 for a standard prisoner.

The next two years alone will cost New Zealand taxpayers about $3.6 million. The final sum for the 28-year-old terrorist will depend on how long he lives and the ongoing level of security he requires. If he has a normal life span the cost may be in the tens of millions per decade.

Should he stay or go?
In the minds of many, the costs and hassle of incarcerating Tarrant will be an acceptable price to pay. Foreign citizen or not, there is a symbolic and ethical responsibility for us to keep the rat we caught.

New Zealanders old enough to remember are still jaundiced from the last time we caught terrorists, the French secret agents Dominque Prieur and Alain Mafart who were directly linked to the bombing of the Rainbow Warrior in 1985.

The two were handed back to France as part of a reconciliation deal. But the French government quickly broke the terms of agreement, repatriating the prisoners from their detention on the South Pacific atoll of Hao to a normal life in France.

Another such act of bad faith is unlikely, as Tarrant has no government in his corner arguing for his repatriation. He does, however, have a government behind him that has implemented specific legislation to obtain the transfer of its own citizens when incarcerated in foreign countries, to serve their sentences on home soil.

This is not unusual legislation. Although there is no overarching international law, regional and bilateral initiatives are common. Australia’s International Transfer of Prisoners Act, for example, aims to facilitate the transfer of prisoners between Australia and countries with which it has agreements.

Prisoners can serve their prison sentences in their country of nationality or in countries with which they have community ties. There are strong economic, social and humanitarian reasons for this approach.

The deportation of ex-prisoners will increase
Here is the catch. New Zealand has no such relationship with Australia. Unlike most comparable countries, we have little interest in the international transfer of prisoners, preferring to take a hard line when it comes to Kiwis in foreign jails.

Partly because of this, since 2014 Australia has allowed non-citizens to have their visas cancelled on character grounds, including having been sentenced to prison for more than 12 months.

So, although New Zealand prisoners in Australian jails may not be transferred to serve their sentences at home, they will be deported at the end of their sentences.

From early 2015 to mid-2018, about 1,300 New Zealander ex-prisoners had been deported from Australia. After a brief interlude due to covid-19, the deportations resumed.

It is no exaggeration to say this policy (and the cruel standards by which it is applied) are a significant irritant between the two countries.

If it doesn’t change it’s likely to get worse, too. As of mid-2019, New Zealand prisoners made up 3 percent of the total Australian prisoner population (43,028) – about 1,100 people.

Conversely, there were only about 35 Australians in our jails, out of about 320 foreigners in New Zealand’s much smaller prison population (9,324 as of March, 2019).

Time for new deal on expat prisoners
Somewhere in the middle of this darkness there is a glimmer of hope – the chance of a deal and a better relationship between the two countries.

Sign a prisoner transfer agreement. Exchange Tarrant and make him serve out his sentence in Australia, as ruled by the New Zealand judicial system.

Revise the rules for the deportation of New Zealanders who have committed crimes in Australia but been resident for a long time. Move the threshold for deportation from one to three years in prison and make it reciprocal.

Thereafter, recent arrivals in either country who commit serious crimes (such as Brenton Tarrant) are transferred home to serve their time in accordance with their sentences.

Do this and we might start to move forward.

Dr Alexander Gillespie is professor of law, at the University of Waikato. This article is republished from The Conversation under a Creative Commons licence. Read the original article.

Article by AsiaPacificReport.nz

By Clifford Faiparik in Port Moresby

Repatriation of about 120 Papua New Guinea citizens from the Papua province of Indonesia to West Sepik under the Indonesian special covid-19 state of emergency (SOE) will start next week, says PNG’s Covid-19 SOE Controller David Manning.

Manning said the PNG citizens included prisoners serving various terms in Indonesian prisons – mostly in the West Papua region of two provinces –  for alleged drug-smuggling and illegal entry.

“The repatriation of 123 Papua New Guinea citizens from Jayapura will happen on either Wednesday or Thursday next week,” he said.

READ MORE: Al Jazeera coronavirus live updates – WHO warns 190,000 could die in Africa

“The first lot of 39 Papua New Guinea citizens will be received at the border by PNG authorities from Vanimo.

“This group comprises 24 prisoners from Abepura jail in Jayapura who were serving various terms for illegal entry and 15 stranded PNG citizens with expired visas.”

Manning said that generally the situation across the country was quiet.

“But our recent focus on security is the 760km border between PNG and Indonesia,” he said.

240 confirmed cases
“And in Papua, there are 240 confirmed cases [of covid-19].

“The death toll remains at six and recoveries at 48.

“While the daily cases curve is flattening at 2.45 percent, we are taking all precautions at the border areas to ensure that this does not spread over into PNG.

“We have a strong presence of security forces in the northern and southern border provinces (Western and West Sepik) as well as the Gulf province.”

Meanwhile, Jayapura-based PNG Consul-General Geoffrey Wiri said West Sepik administrator Conrad Tilau had advised him to send the PNG citizens in batches of 30 and 40 due to their limited quarantine capacity.

“As I understand it, they have allocated a vacant property in West Tower area in Vanimo for quarantine and then the PNG citizens will be released after 14 days,” he said.

Wiri is also concerned that the PNG-Indonesian border has been shut since January 29.

‘Good bilateral relations’
“I need a copy of Manning’s emergency orders for me to inform the Papua provincial government authorities to open the gate since they are also under lockdown condition. But they are willing to open the gates because of our good bilateral relations.”

He said only the 24 Papua New Guinea prisoners jailed at Abepura Prison for illegal entry were being released.

“But not the remaining 74 prisoners serving various terms for drug-smuggling,” Wiri said.

“I understand that negotiations between PNG and Indonesian government for the repatriation for these convicted drug smugglers has not begun yet.”

Wiri said 66 prisoners were in the Doyo Baru narcotic prison in Papua province while seven were in the Bolangi narcotic prison in Sulawesi Province and one in a prison in Manokwari, West Papua province.

Clifford Faiparik is a reporter for The National newspaper.

Article by AsiaPacificReport.nz

By RNZ Pacific

New Zealanders left behind in India are asking for additional repatriation flights to evacuate them, after the government did not have enough capacity to return everyone who wanted to come home in the face of the covid-19 coronavirus pandemic.

More than 700 citizens and permanent residents returned on the three flights from New Delhi and Mumbai, the Ministry of Foreign Affairs and Trade (MFAT) said, the last of which returned on April 30.

However, almost double that figure – 1360 people – expressed interest in the flights. Some people changed their mind, and others could not travel for a variety of reasons. The remainder were left behind and now have no clear path home.

READ MORE: Al Jazeera coronavirus live updates – Afghan fears virus may be spreading faster

“Due to high demand for the flight, we have unfortunately not been able to offer seats to all those who would have been eligible to travel to New Zealand,” an MFAT email to registered New Zealanders said, regarding the third flight from New Delhi.

“Until such time as commercial flights re-commence or other countries’ chartered flights become available to New Zealanders, we continue to encourage New Zealanders to stay safely where they are.”

Navjot Matharu’s 52-year-old mother is in New Delhi. She registered for the flights and was willing to pay but did not receive a ticket, and is now stuck. She’ is a permanent resident, unable to return to her full-time job or home.

Matharu said it had been a stressful situation, fearing there would not be any commercial flights available for months.

‘No more flights’
“[The government] haven’t said there aren’t any plans [for future flights], but they’ve just said ‘we’re looking into it’. I think it’s a nice way of saying ‘no more flights’,” he said.

He said he understood flights were complex to organise.

“I’m already grateful that they’ve done so much. They’ve still got 700 people out which is a big number. But now half of them are saying, ‘well you got those people out, why can’t you get us out?’.

“They’ve already done three flights so they have the process. People are willing to pay for it, so I don’t see why it is so hard to put on another few flights and get the rest of the people out as well,” he said.

Other governments – such as Australia – have some flights planned which New Zealanders can apply for. Thirty-four New Zealanders took up such offers leaving from Kolkata and Chennai.

“[If it] was 20 or 30 people [left in India] then ok sure, we’ll just have to suck it up until things get better. But unfortunately what I’ve seen is that a lot of people are still there and are willing to pay for the flights as well,” Matharu said.

Two new coronavirus cases
In other developments yesterday, the Ministry of Health reported just two cases to the country’s covid-19 total and the government said it had approved the fast tracking of large “shovel ready” projects, largely bypassing the Resource Management Act.

The two new cases of Covid-19 recorded over the previous 24 hours, were both linked to the St Margaret’s Hospital and Rest Home cluster in Auckland.

The Ministry of Health’s latest information shows there have been no new deaths or probable cases, taking the total number of confirmed and probable cases to 1487.

Three more people have recovered taking that total to 1266, meaning 85 percent of all cases are now considered as recovered.

Eight people are in hospital, none in intensive care.

A total of 4634 tests were completed, taking the total to 150,223.

Article by AsiaPacificReport.nz