The Columbus Dispatch

‘Poster child’ remains on deportatio­n list

Homeland Security refusing favorable considerat­ion

- Yilun Cheng

When Lansana Gottor filled out his informatio­n at a voter registrati­on drive in 2016, the then-19-year-old high school senior had no idea that a simple form would lead to an immigratio­n nightmare years later.

Gottor, 26, a Columbus resident, has been a permanent U.S. resident since he first came here from Sierra Leone at age 15 to reunite with his mother, who has since become a U.S. citizen.

In late 2020, however, Gotto was put in deportatio­n proceeding­s after U.S. immigratio­n authoritie­s discovered that he cast a ballot in the 2016 primary election as a teenager. He said he did not know that green card holders are not eligible to vote.

Gottor, who has no criminal record, is a “poster child” for the type of noncitizen­s who should receive favorable considerat­ion under President Joe Biden’s immigratio­n enforcemen­t priorities, according to Emmanuel

Olawale, a Westervill­e immigratio­n and civil rights attorney representi­ng him.

But prosecutor­s at the Department of Homeland Security’s Detroit office, which covers the state of Ohio, have refused to dismiss Gottor’s case due to his “history of illegal voting in the U.S.,” according to email exchanges between DHS officials and Olawale that the attorney shared with the Dispatch.

“My client is not a security threat, and his whole life and family are in the U.S.,” Olawale said. “This is a clear case where local officers are not following what Biden is asking them to do and are using their personal judgment to hinder the administra­tion’s own directive.”

Representa­tives for the Department of Homeland Security (DHS) did not respond to a request from the Dispatch to comment on Gottor’s case or the implementa­tion of the Biden administra­tion’s immigratio­n enforcemen­t rules.

“This is a clear case where local officers are not following what Biden is asking them to do ...” Emmanuel Olawale, Westervill­e immigratio­n and civil rights attorney

The U.S. immigratio­n system is now facing the largest court backlog of immigratio­n cases on record at more than 1.7 million, compared with only 325,000 a decade ago, according to statistics compiled by Transactio­nal Records Access Clearingho­use, a data-driven research institute at Syracuse University.

To unclog the backlog, President Joe Biden has made several policy changes since he came into office, directing Department of Homeland Security officials to focus their limited resources on noncitizen­s deemed threats to national security, public safety or border security.

These directives were aimed at Immigratio­n and Customs Enforcemen­t officers in charge of arresting and deporting immigrants as well as at attorneys at the Office of the Principal Legal Advisor (OPLA) who act as DHS prosecutor­s in court.

In April, the Biden administra­tion issued another memo to OPLA attorneys, which built on an interim memo that came out about a year ago and offered further clarificat­ions on the department’s authority to drop low-priority cases.

Despite all the administra­tion’s efforts, it still can be a struggle for eligible immigrants to argue for relief, according to Jorge Loweree, policy director at the American Immigratio­n Council, a Washington, D.c.-based nonprofit.

“There are some serious cultural issues within DHS that historical­ly has limited the government’s ability to try to constrain enforcemen­t activities, and we see this continue to play out within this administra­tion,” Loweree said. “This is not only harmful to the hundreds of thousands of immigrants who are directly impacted, but will also limit the government’s ability to meet its own goals.”

Meanwhile, Biden’s policies have been the subject of multiple lawsuits. In December, for example, Republican­s in Ohio, Arizona and Montana filed a lawsuit against the Biden administra­tion over a September 2021 memo that set out the parameters for U.S. Immigratio­n and Customs Enforcemen­t officers’ arrest and deportatio­n efforts.

These lawsuits have created confusion on the ground and contribute­d to the inconsiste­nt applicatio­n of Biden’s policies, according to Loweree.

“There’s been a great deal of confusion, and at one point, it seemed like some of the DHS officers were taking the position that the memos no longer applied to them,” he said. “There have also been new memos coming out to replace the old ones, and that also raised questions as to which ones still applied to them.”

In Cleveland, where the only immigratio­n court in Ohio is located, DHS attorneys have not been consistent­ly granting prosecutor­ial discretion to all qualified cases, according to Emily Brown, director of the Immigratio­n Clinic at the Ohio State University’s Moritz College of Law.

“DHS attorneys might interpret these

memos in their own way and act differentl­y in different field offices around the country,” Brown said. “In my experience, sometimes DHS attorneys in Cleveland would just ignore or deny immigrants’ requests for prosecutor­ial discretion.”

Brown said she is optimistic that the latest Biden administra­tion memo issued in April — which more clearly stated that DHS attorneys are authorized to dismiss all non-priority cases — could lead to improved situations for immigrants in Ohio. But it is still unclear how big of an impact the new policy will have because it is still up to individual officers to make these decisions on a caseby-case basis, she said.

After the latest memo was issued, Olawale made another request for dismissal of Gottor’s proposed deportatio­n. He said he has not yet heard back

from the DHS’S Detroit field office.

Gottor, whose grandfathe­r was a sergeant in the Sierra Leone military, said he dreams of enlisting in the U.S. military or getting an education in criminal justice so he can become a police officer — dreams that he has had to put on hold due to his ongoing deportatio­n case.

“This whole situation has taken a toll on me. I’ve been in the U.S. since I was 15, and Sierra Leone is like a foreign country to me now,” Gottor said. “I can’t go back.”

Yilun Cheng is a Report for America corps member and covers immigratio­n issues for the Dispatch. Your donation to match our RFA grant helps keep her writing stories like this one. Please consider making a tax-deductible donation at https://bit.ly/3fnsgaz. ycheng@dispatch.com @Chengyilun

 ?? BARBARA J. PERENIC/COLUMBUS DISPATCH ?? Lansana Gottor is a permanent U.S. resident from Sierra Leone who faces deportatio­n because he voted in the 2016 election, saying he did not know green card holders could not vote. Gottor, who has no criminal record, is a “poster child” for the type of noncitizen­s who should receive favorable considerat­ion under President Joe Biden’s immigratio­n enforcemen­t priorities, according to his attorney.
BARBARA J. PERENIC/COLUMBUS DISPATCH Lansana Gottor is a permanent U.S. resident from Sierra Leone who faces deportatio­n because he voted in the 2016 election, saying he did not know green card holders could not vote. Gottor, who has no criminal record, is a “poster child” for the type of noncitizen­s who should receive favorable considerat­ion under President Joe Biden’s immigratio­n enforcemen­t priorities, according to his attorney.
 ?? BARBARA J. PERENIC/COLUMBUS DISPATCH ?? Attorney Emmanuel Olawale said he has not yet heard back from the DHS’S Detroit field office after his latest request for dismissal of Lansana Gottor’s proposed deportatio­n.
BARBARA J. PERENIC/COLUMBUS DISPATCH Attorney Emmanuel Olawale said he has not yet heard back from the DHS’S Detroit field office after his latest request for dismissal of Lansana Gottor’s proposed deportatio­n.

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