Monday, June 4, 2012

Sensible Discussion on US Stateless is Imperative


To Whom it May Concern at US Department of State, Immigration Customs & Enforcement, US Centre for Immigration Services, US Congress and Senate

I am writting this letter on behalf of Mikhail Sebastian who is  a US Stateless man waiting for humanitarian aid in American Samoa. I, too share similar problems regarding US statelessness.
I was born and raised in Southern Africa in the Kingdom of Lesotho and fled that country for peace, education and economic advancement in the US or in another country. Almost my entire life in that part of the world there was a struggle for existence, for freedom. It was in Lesotho that I joined YCS (Young Christian Students) which was a grassroots movement that mobilized youth into proactive democracy against apartheid and its brother doctrines.
To varying degrees, I have always been involved in human rights activism. Even in the US, I speak for equality in immigration reform. It was while engaged in human rights activism on Twitter that Mikhail Sebastian  asked me to speak on his behalf.The details pertaining to Mikhail's case well too familiar to your department have sadly not earned him a seat next to Chen Guang Chen from China. Put in Mikhail’s words, here is what he has to say:
 "citizenship or nationality is the essential link between an individual and the      State. Stateless people have an equal right to protection before the law, not to be arbitrary arrested, subjected to inhumane treatment or torture (physical or mental), denied due process. Nationality is a fundamental human right that millions of people in the world don't enjoy. It is a foundation of identity, dignity, justice and security." 

Mikhail cites UN Declaration of Human Rights’ Articles 1, 2, and 7 to justify his demand for peace and equality for stateless people regardless of where they live on the globe.


In alignment with his statement, I speak from one perspective that in my view is the core of the US justice system for inhabitants of the US to have a voice and to be heard.

Mikhail has been waiting in American Samoa for the US to assist him get back into the country.

Chen Guang Chen did not have to wait this long to receive help.
          Why?





Mikhail stated that one of his attorneys apologized for having forgotten to timely file his motion to reopen. While this motion to reopen is in my view of little if any significance to the fact that Mikhail is seeking humanitarian parole, it appeals to a much more critical and devastating state of affairs. A certain portion of the US stateless people, the US undefined people and others in suspense for US immigration to respond are forgotten by lawyers and by the US government in a country that promises that everyone has a voice.

The US immigration departments are currently absorbed with the "undocument" and the "illegal" but people like me, like Mikhail and others who play by the rules and work things through the government to legitimize stay in the US have fallen into trash bins from clearing path for the "undocumented"and the "illegal". As a result, Statelessness and other forms of undefined status remain a serious problem in the United States and a country that promises that we all have voices.

What is a voice if it is not or cannot be heard?

Saturday, May 26, 2012

URGENT: A US Stateless Man Says He is Losing Hope for life


I feel so helpless. I think about suicide on many occasions. I am trapped on this island without possibility of escape

Thursday, May 24, 2012

Stop System Induced/Accelerated Statelessness in USA

My name is Victoria Sethunya. I am a human rights activist and have been involved in activism to varying degrees since the South African Apartheid. I speak out against injustice in a wide spectrum of issues but mainly on issues in the area of immigration and government corruption.

I came to the US to find peace and freedom, and the education that I thought was needed to raise a family but was rendered stateless in Utah where my immigration status was destroyed but never restored. Others have said the status was restored but with incorrect information. This offensive cross-eyed logic  is among tools those in power use to create statelessness, because once you are rendered stateless, it becomes difficult to fight for your rights!

 I take immigration issues seriously and personally. That is why I took it upon me to add one more voice to demand justice for Mikhail Sebastian, who is a stateless man waiting for an answer in American Samoa.

Anyone could be Mikhail!

I met Mikhail Sebastian on Twitter @UtahHumanRights and he asked me if I would speak to raise awareness about Statelessness in America. 

Mikhail Sebastian said he has been waiting in American Samoa for about 5 months for a response on his case on Humanitarian Parole. As I understand, he spoke with several US and UN authorities
before he left the US for American Samoa, but is now barred from re-entering the US despite directions US and UNHCR officials allegedly gave him. As he and I were discussing his dilemma on Twitter on May 23, 2012, it became apparent that if he had played his cards right, he would have been on the same plane as Chen Guangcheng to qualify for a portion of Chen's dignity granted to  a stateless person.

Based on my readings of his webpages and on the story from Change.org, Mikhail's story further exposes severe jaundice between various US Departments for immigration. ICE- a US immigration office purportedly issued a document indicating that Mikhail is stateless but airport immigration offices denied him.

The UN office in DC, is said to have advised Mikhail to obtain a World Passport, which turns out to be a useless or defective or harmful tool  in his  already-stateless case. Yet, in the time that Mikhail has waited outside the US these offices have not displayed the Guangcheng type aggression towards his being stateless or Sebastian would be in his newly found home in California, in USA

How? Why? Why is Mikhail Sebastian different from Chen Guangcheng? Maybe he needs to speak Chinese to command the calibre of respect that Chen received on the grounds of "Statelessness". I am sure he would.

 Mikhail said he took advise of US and UN authorities into his plan for a trip that has now barred his re-entry. Without any criminal background and for his contribution to the US economy it looks like there must be more to the story than I am recounting here, and, yes,  there is:
https://twitter.com/#!/MikhailBenoit

http://www.change.org/petitions/stop-deportation-of-stateless-us-residents-immigration-reform-2012


It is imperative that the United Nations, UNHCR and other relevant and responsible departments  take action in Mikhail's case to curb statelessness arising from misinformation by legal and government authorities. Accounts in Change.org and on iCNN show that Mikhail Sebastian was misinformed by US authorities and others or he would not have left the US to go to American Samoa in order to "deport himself".


In Mikhail's case, the UNHCR cannot say they did not have the opportunity identify and to address Mikhail's statelessness. They cannot say that they did not have the opportunity to protect a stateless person who sought protection long before Chen Guancheng. Statelessness is a crime against humanity. No one should have to say "ming tian tian" to gain respect as a human being. I am sure Chen does not want that either.

This case is a test on whether all the US Stateless need to be  Chen Guancheng to command US government's active and ongoing involvement in reducing statelessness. Most importantly is an opportunity for all of us including those who made errors to put compassion first.




p/s please bear with me. document still under revision. I speak American English as a 5th language and it takes a while to think and write in this language:) Thank you for understanding.