Kenyans choose to move overseas for a variety of reasons, including seeking better opportunities, education, or medical care. Nonetheless, residing in a foreign country necessitates strict adherence to the laws and regulations established by the host nation. Failure to comply with these legal obligations can result in potential deportation for immigrants.
The United States, often hailed as the land of opportunity, is a favored destination for immigrants worldwide. However, the country is renowned for its stringent immigration laws. Numerous individuals, including Kenyans, have faced deportation from the United States for violating these laws.
Kenyans.co.ke provides an informative breakdown of the specific circumstances that can lead to deportation from the United States.
According to the US government, some of the reasons for deportation include participating in criminal acts, posing a threat to public safety, entering the U.S. without proper documentation, using forged travel documents, and failing to comply with visa or other entry document requirements.
The majority of deportations are executed through airlines, with the expenses being borne by the U.S. government. In other cases, a combination of air and ground transportation methods is employed to carry out ejections.
Criminal Offences
According to US law, some of the criminal offences that can lead to deportation include; murder, rape, drug trafficking, fraud, and robbery with violence.
One of the most notable deportations conducted under these circumstances is the case of Sylvester Owino, who was accused of robbery with violence. Despite his years of effort to contest the deportation, Owino's attempts proved unsuccessful.
Owino initially moved to the US in 1998 on a student visa but did not complete his studies. Instead, he dropped out of school and sunk into drug abuse.
Lack of Documentation
Immigration policies have long been a contentious issue in the United States, and former President Donald Trump faced significant criticism from politicians, civil society, and observers for implementing strict immigration laws during his tenure.
According to the Migration Policy Institute (MPI), the United States government conducts over 200,000 deportations annually. A key contributing factor to this substantial number is the lack of documentation among those subject to deportation.
In 2021, former US President Donald Trump deported several Africans including Kenyans in a last-minute move to reduce the number of asylum seekers in the country.
One woman failed to comply with the visa requirements forcing the immigration officers to deport her to Kenya in July 2023. She entered the US on a visiting visa but was ejected from the country after immigration officers came across a video of her working which violated her visa terms.
Drunk Driving
Drunk driving is another high road to deportation. According to Stern Law, if a person is convicted of a DUI (Driving Under the Influence), there is a possibility that they get deported.
In August 2018, a 74-year-old man was deported from the US after he was accused of drunk driving. The man spent a period of two weeks in a detention camp before being flown back home.
After being fined Ksh175,300 ($1,240), he expected that he would be allowed to stay in the country. However, he was arrested immediately after leaving the courtroom and sent to a detention camp.
Drunk driving is classified as a risk to public safety since a significant chunk of road accidents are caused by intoxicated drivers.
Migrating to the US
Notably, the United States offers various pathways for noncitizens to legally migrate into the country. These include family-based immigration, acquiring US citizenship, employment-based immigration, refugees and asylum seekers, and the diversity visa program.
The Kenyan Embassy in Washington DC advises Kenyans to always ensure their immigration documents are valid to avoid deportation.
If arrested, the embassy instructs Kenyans not to resist arrest, give consent to the law enforcement agency and notify the embassy or consulate of the arrest.
If possible, the embassy advises immigrants to call the embassy/consulate to inform Kenyan officials of the arrest as well as ensure an attorney is present during the questioning.
According to the Kenya Citizenship and Immigration Act, an emergency travel document is issued to a Kenyan citizen who is stranded outside the country or is being deported.
The Act further stipulates that any person deported to Kenya at the expense of the government risks suspension and confiscation of their passport or travel documents.
