The Jamaican Deportees: (We Are Displaced, Desperate, Damaged, Rich, Resourceful or Dangerous). Who Am I?

Contents

Preface

Acknowledgements

Introduction

Executive Summary

Author’s Note

Chapter 1. UNITED STATES OF AMERICA

United States-Jamaica relations

Migration to the United States

My American experience

Predicament that led to a willful deportation

Chapter 2. PASSING OF THE (1996) U.S. IMMIGRATION BILL

Provision of the IIRIRA

Aggravated felony categorization

IIRIRA—a summary of the new immigration bill

Worldwide phenomenon (U.S. deportation policy)

Newly-formed Department of Homeland Security

Constitutional rights of the United States

Chapter 3. UNCONSTITUTIONAL ISSUES ASSOCIATED

WITH THE IIRIRA

Facts about the INS vs. St. Cyr decision

Non-compliance with the INS vs. St Cyr decision

IIRIRA concerted-efforts of enforcement

Civil-rights issue associated with IIRIRA enforcement

Florida Supreme Court (1996) decision

IIRIRA enforcement enhance racism and bias

Unlawful conviction in Florida

Double standards to the IIRIRA enforcement

IIRIRA refutation of due process

Chapter 4. THE IMBALANCE OF THE AMERICAN

JUSTICE SYSTEM

Abuse of discretion by the Appeal Court

Constitutional-rights issue

Chapter 5. THE EFFECT OF THE IIRIRA AND

DEPORTATION TO JAMAICA

Government of Jamaica reaction to willful deportation

People’s perception towards deported migrants.

Acceptance of non-Jamaican citizen

Accepting a high influx of criminal deported migrants

Chapter 6. ADDRESSING THE DEPORTED

MIGRANT’S PROBLEM

United States power over deportation

Various problems affecting deported migrants

Chapter 7. MUTUAL-STAKES IN THE DEPORTED

MIGRANT PHENOMENON

United States—as a deporting country

Jamaica—as a receiving country

Assisting criminal deported migrants

Reintegration programs for deported migrants

Complication to integration and resettlement

How deported migrants were held responsible

Chapter 8. DEPORTED MIGRANTS–NOT ALL THE SAME

Criminal & non-criminal deported migrants

Examples of criminal deported migrants

Examples of non-criminal deported migrants

Report on a few extraordinary deported migrants

United States re-entry deterrence

The need for better awareness & public understanding

Chapter 9. CLASSIFICATION OF DEPORTED MIGRANTS

There is a need to monitor some criminal deported migrants

Report on some heterogeneous deported migrants

Chapter 10. LINKING CRIMINAL DEPORTATION TO CRIME AND VIOLENCE IN JAMAICA

Crime and violence in Jamaica

Youth problem in Jamaica

Chapter 11. SIGNIFICANT ANALYSIS ON JAMAICA

The question on jurisdiction

Critical situation management

Social problems affecting Jamaica

Chapter 12. ADJUSTING TO LIFE AFTER DEPORTATION

Rising above deported migrant stigma

From dignity to dishonor, and then to dignity

The 34th Annual Conference of the Caribbean Studies Association

The power of forgiveness

Characteristic of accountability

Lessons from a tragedy

The question on dual-citizenship

Conclusion

Appendix A: THE 1996 ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT (IIRIRA)

U.S. CODE: Title 8, 1227. Deportable aliens

Resisting arrest without violence (Florida Statutes 843.02)

Deportation procedures to Jamaica

(Consulate General of New York)

Appendix B: Tables 1-5; Figures 1-3

Appendix C: Figures 1-10

Appendix D: Figure 1-4

References

Acronyms

Preface

MY ASPIRATIONS IN WRITING this book are several. Foremost, it is to fill the need in Jamaica for a better and deeper awareness or understanding regarding to criminal deportation—especially from the United States of America. A lack of knowledge about the deported migrants or ‘deportee’ phenomenon continues to plague the Jamaican society and people need to be aware of the situation because of the associated problems.

As a result of an increase in criminal deportation and subsequent rise in crime and violence over the years, several influential politicians and high-ranking members of the police force have a tendency to blame deported migrants for the high murder rate and heinous crime and violence in the country. For that reason, it makes the process of reintegration and resettlement of deported migrants a difficult task for a number of persons deported after 1996, due to resentment from people and government.

In addition, Police High Command possibly will not be up-to-date on meaningful crime statistics as to which criminal gangs or groups are responsible for numerous criminal activities across the country, placing deported migrants at a grave disadvantage due to the constant blame and resentment. Crime and violence in Jamaica have a number of contributing social factors, but criminal deportation is a problematic or intricate one because a number of negative factors are associated with it.

Second, and most importantly, this book represents a concerted attempt to bridge both lines of inquiry between increased criminal deportation and increased crime and violence over the years. After the incursion on Tivoli Gardens (TG), an enclave for criminal gangs especially the ‘Shower Posse’ or ‘One-Order’ aligned to the Jamaica Labour Party (JLP); Police High Command is reporting serious reductions in murders across the country. I write that this come about as a result of a number of social factors including criminal apprehension.

Third, and as a very significant point, my aim is to bring to light that, although most people are deported from the United States primarily for committing or convicted of a variety of crimes or they violate immigration rules, I, a non-U.S. citizen and legal permanent resident was literally abducted or unlawfully arrested by the police, wrongfully prosecuted, unlawfully convicted, sentenced to prison, and then willfully deported to Jamaica even though I am totally innocent of any wrongdoing.

Because Florida Appeal Court did nothing about the unlawful conviction after it was pointed out in a petition, it is therefore safe to write that several Americans have conspired and violated the rules of law and precedent in order to incriminate and willfully deport an innocent Jamaican who still have a legal right of presence in the United States. I was held under mandatory detention and then willfully deported to Jamaica after spending a total of forty months behind bars. All of these accusations can be verified and the Florida Attorney General will be unable to refute the claim.

In 1996, the United States Congress passed and newly re-elected president William ‘Bill’ Clinton signed into law (without a word of opposition) the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). The interpretation, application, and the aggressive and concerted efforts of enforcement of the law resulted into the removal and exclusion of thousands of non-U.S. citizens. There are some who have already paid their dues to the American society and were living normal lives.

Whether the enactment of the IIRIRA turns out to be deliberate, or simply an act of blind-faith, or a well reasoned and orchestrated strategy in the pursuit of justice and fairness towards convicted non-U.S. citizens, may one day become clear. For now, this book will attempt to bring readers a step closer to making an informed guess. What this book will reveal based on several investigations and studies, including interviews and annotations in regards to criminal deportation is that, the deported migrants’ problem in Jamaica, like the reported death of Mark Twain????, is grossly exaggerated.

But I must substantiate that a few criminal deported migrants are involved in criminal activities in Jamaica based on several contributing factors. Without a doubt, Congress is accountable for the majority of criminal deported migrants in the country based on the passing, the unrelenting aggressive enforcement, the retroactive effect of the law, and the way in which ICE deports people without proper ‘due process’ and without any personal property or material goods.

In composing this book which calls for different types of writing, the operating principle of my approach is that knowledge or awareness is the essence of understanding. If understanding is not conveyed by any message, then the message is a failure. I write about real issues not often mentioned in ordinary books. Everything that I have mentioned is vital because I consider it essential to the positive transfer of understanding of a subject matter to any reader. There are no restrictions to the usage of this book, and I encourage journalists, impartial observers and criminal law students, practicing defense attorneys, sociologists, criminologists and psychologists to pay notice to issues of moral principles. This book is a token to the world.

As a reader, you are being asked to take a position on a major debatable issue. You are also being asked (though that may be a bit difficult than just taking a position) to understand the issues or problems. This book is an assertion that even if you do not wish to take a position nor understand the problems, you should at least be able to talk about United States deportation practice since it will be a major theoretical topic of discussion for years to come. In evaluating the input or effort, you may accept what you view to be correct or consider interesting what may contain the seed of future debate. You may take a position even if you ignore the debate.

In the chapters that follow, I draw widely from my personal experience when I was seized or abducted by the police in Florida, falsely imprisoned, wrongfully prosecuted and convicted, and then given two separate terms of imprisonment that resulted in a willful deportation to Jamaica. Through the process of fighting back at the Florida justice system in trying to prevent the ICE from carrying out the act of deportation, I can attest that the effect of the IIRIRA is inescapable once a non-U.S. citizen has been convicted of certain crime, or sentence to a term of imprisonment categorized as an ‘aggravated felony’ unless a pardon is granted by a State Governor or the U.S. Attorney General.

The IIRIRA is a reform of immigration laws that based on its enforcement, it sends innocent people or non-U.S. citizens with minimal infractions to prison, or deports them within a meaningful time frame. There is no escape—especially if the person is a Jamaican—and I do not exaggerate. And in my case, wherein I was dealt with severely by several Americans, the Government of Jamaica is incapable of addressing the situation based on the lack of jurisdiction. Throughout this book, I use the term ‘deportation’ and ‘removal’ interchangeably to refer to U.S. government’s policy to remove non-U.S. citizens from the country.

I acknowledge that the terms had different meanings under earlier versions of U.S. immigration law and that now; all such legislative actions are referred to as ‘removals’. Nevertheless, for ease of reading and simplicity, I use the more commonly identifiable term ‘deportation’ wherever possible. Since 2004 after I was deported, I am aware of the anguish and the associated stigma of deportation, the constant blame, the state of alienation, and some people’s perception about deported migrants.

In spite of that, I believe that readers, who keep in mind the arresting thought that not all deported migrants are criminals, Jamaica is loaded with social issues, and the Americans can do better in regards to criminal deportation, will be doubly rewarded in reading the edifying writings in this book.

Charlie Brown (2011)

Acknowledgements

CERTAINLY ANY AUTHOR writes through the lens of his own life experience. But writing a book of this magnitude is a very difficult task because it contains sensitive and alarming issues with respect to criminal deportation from America, crime and violence, and several other social issues in Jamaica. However, the most difficult part for me to write is the acknowledgement. I have been most fortunate to have been encouraged by extraordinary individuals to put my writing skills into practice. As a result, I am grateful to the individuals who are of different cultures and occupations, and who have made an impact on my life.

Trying to name them all would be impossible. And I am afraid that if I attempt, I may run out of space or inadvertently leave someone out. So instead, I just thank the Almighty for these people who have encouraged me in so many ways. All the same, in a choice category that demands mention are the following persons: Dr. Michele Reis, lecturer at the Institute of International Relations, U.W.I., St. Augustine Campus, Republic of Trinidad and Tobago and Dr. Bernard Headley, professor of criminology, U.W.I., Mona Campus, Jamaica. I appreciate the privilege afforded me by Dr. Headley to speak on a few occasions to an audience of university students about the debatable topic of discussion ‘deportation from America’. It was a pleasure, and I had a wonderful time during the question and answer sessions.

To my sons Shane Brown, age 27, Charlie Jr, age 19, Nakeem, age 19, and my daughter Niesha, age 15, whom I love in exclusive and unexplainable ways. You have grown to understand the effect of deportation, which is the reason for the physical absence of a father. To my ex-spouse Sloan who has endured some rough times on her own. I have come to the realization that you are a great and caring woman. For this, I applaud you. Special thanks to Ingrid Brown (Jamaica Observer) and Paul Williams (Daily Gleaner) for publishing my story. The publications have opened up a series of links and connections for me. Thanks to the following understanding members of staff at the St. Thomas Parish Library: Mr. Brown, Mr. Francis, Ms. Hamilton, Ms. Beckford and Mr. Thomas. Suzette Nicole Kesto, you are my friend for life. Nothing can divide us.

Charlie Brown (2011)

To those who have been deported by ‘Uncle Sam’

To all the individuals who have struggled their way through the rough times (deportation from America) and have gone through the process of reintegration and resettlement back into society. This I say to you: I know that you are strong because only the strong survive such a catastrophic and far-reaching experience as forced-repatriation or deportation from America with no personal belongings, no money or material possessions. I know what you have gone through.

To all the long-term permanent residents who have been living in America for many years and have been deported or expelled, I write that life is a journey. How many can recover from or even survive the aftermath of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)?

In Jamaica, there is very little tolerance or lenience for deported migrants and their circumstances. And only the determined ones can survive the setbacks, the associated stigma, the marginalization, and the constant state of alienation associated with deportation. I understand the weight that you carry, the pains that you endure, and the fact that so many people have to start life all over again because it is a depressing journey.

I know that several persons have left families, loved ones or personal belongings behind, without any possibility of returning to America unless the Attorney General in his capacity grants a waiver which is possible, but highly unlikely. Therefore, I salute you for the great effort that it takes to recuperate and to start all over again because life goes on.

Charlie Brown (2011)

Introduction

EQUAL JUSTICE UNDER LAW—the words written above the main entrance to the federal court building. They express the ultimate responsibility of the Supreme Court of the United States. The court is the highest tribunal in the nation for all cases and controversies arising under the constitution or the laws of the country. As the final arbitrator of the law, the U.S. Supreme Court is responsible for ensuring the American people and those who are entitled the promise of equal justice under law, and thereby functions as a guardian and interpreter of the U.S. Constitution.

The Supreme Court consists of the chief justice and eight associate justices. At its discretion and within certain guidelines established by Congress, the Supreme Court each year hears a limited number of the cases that it is asked to decide. The cases may begin in the federal or state courts and usually involve important questions about the Constitution or federal law.

After the passing of the controversial Illegal Immigration Reform and Immigrant Responsibility Act of 1996 by Congress, a series of issues involving the deportation or removal of non-U.S. citizens who are convicted of certain crimes, or sentenced to terms of imprisonment classified as ‘aggravated felony’ came into question. The Supreme Court was called upon to settle the following issues and provide unambiguous answers.

1.   Whether habeas corpus jurisdiction is available, [after passage of the Antiterrorism & Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform & Immigrant Responsibility Act (IIRIRA of 1996), which amended the Immigration & Nationality Act (INA)] under the general habeas corpus statute, 28 U.S.C. § 2241, in order to judicially determine the Attorney General’s discretionary authority to grant relief from deportation.

2.   Whether the restrictions on the Attorney General’s discretionary authority to grant relief from deportation contained in IIRIRA apply to removal proceedings brought against an alien after the passage of IIRIRA, but based on a guilty plea entered before the enactment.

The U.S. Supreme Court also clarified the following questions of law:

a.   Does the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) strip district courts of their jurisdiction under the general habeas corpus statute to entertain St. Cyr’s vs. INS challenge?

b.   Do the AEDPA and IIRIRA deny relief under section 212(c) of the Immigration and Nationality Act of 1952 to aliens who would have been eligible for such relief at the time of their convictions?

In a 5-4 opinion delivered in (2001) by Justice John Paul Stevens, the Supreme Court held that habeas jurisdiction was not repealed by AEDPA and IIRIRA. Additionally, the Court held that [Section 212(c)] relief remains available for aliens, like [Enrico St. Cyr], whose convictions were obtained through plea agreements and who, notwithstanding those convictions, would have been eligible for [Section 212(c)] relief at the time of their plea under the law then in effect.

The Court further stated that, Discretionary relief from the Attorney General afforded under former § 212 of the INA (8 U.S.C. § 1182), remains available for aliens whose convictions were obtained through plea agreements entered into, prior to the enactment of IIRIRA and who would have been eligible for such discretionary relief at the time of their plea. Justice Stevens wrote that, "[W]e

finds nothing in IIRIRA unmistakably indicating that Congress considered the question whether to apply its repeal of [Section 212(c)] retroactively to such aliens." (Source: INS vs. St. Cyr)

In a second case in point, the Florida Supreme Court in State vs. Espinosa 686 So.2d 1345 (Fla.1996) reaffirms that the legality of the arrest is an element of the offense of resisting arrest without violence. On appeal, the Fifth District Court of Florida reversed a conviction, finding that (1) Benjamin v. State, 462 So. 2d 110 (Fla. 5th DCA 1985) made it clear that proof of a legal arrest is an essential element of resisting arrest without violence, but that it is not an essential element of resisting arrest with violence;

(2) under Benjamin, resisting arrest without violence is not a lesser-included offense of resisting arrest with violence because the state is required to prove the additional element of legality of the arrest for the lesser charge; and (3) the evidence in the case was insufficient to prove that the arrest was lawful. The District Court then concluded that Espinosa’s conviction could not stand. In the first case in point, in spite of the U.S. Supreme Court decision, U.S. Homeland Security (DHS) acting upon an illegal course of action which is contrary to the Supreme Court’s (2001) decision, expel or deport me while I am definitely entitled to file a ‘Cancellation of Removal’ in an appropriate Immigration Court because my (1996) conviction occurred as a result of a plea-agreement or plea-bargain.

In spite of the Florida Supreme and District Court decisions, a Highlands county (Florida) prosecutor in (2001) defied those rulings and convicted me, the author, on a charge of resisting arrest without violence which lacks the ‘essential elements’ in order to support the arrest, the charge, the conviction, and the term of imprisonment or sentence. So what kind of message is Washington sending to the rest of the world, when several Americans in ‘trusted positions’ ignored unambiguous decisions from the nation’s highest arbitrator, the authoritative U.S. Supreme Court and the reliable Florida Supreme Court, wherein judges acted in their capacities as final arbitrators of law regarding federal and state statutes?

This book addresses the question with a definite call for action in resolving these ‘thorny’ issues with reference to judicial precedent, case laws, and good human rights practices. As a legal long-term permanent resident who is a veteran of the U.S. Army, I have suffered the consequences of abduction by the police, malicious prosecution, false imprisonment, and an unlawful conviction which in turn led to a willful deportation. And I am of the opinion that the IIRIRA allow them to act the way that they did.

The Tenth Judicial Circuit Court in Florida decline to rectify the situation and the Attorney General of Jamaica is incapable of addressing the matter as a result of lack of jurisdiction. The resisting arrest without violence conviction contradicts Florida Supreme Court ruling and it conflicts with existing state statutes. The decision to deport me in (2004) without the opportunity of filing a ‘Cancellation or Removal’ contradicts the U.S. Supreme Court ruling in (St. Cyr vs. INS) decision. The U.S. Board of Immigration Appeals (BIA) is incapable of addressing the matter since I have been physically removed from the country. High Court decisions are binding and cannot be ignored or taken for granted. Therefore, the issues should be resolved by the United States Attorney General, acting in his capacity.

Executive Summary

PRIOR TO 1996, deportation from America for permanent residents (non-U.S. citizens) could only be triggered by a sentence of five or more years in a penal institution. However, since its inception on September 30, 1996, and its official date of enactment of April 1, 1997, deportation or removal from America as it turns out, has been more about putting in force the sanctions of the Illegal Immigration Reform and Immigrant Responsibility Act, than about the gravity of some deported migrant’s criminal act.

The law is applied retroactively and its amended clause involves the re-classification of some minor offenses or a term of imprisonment that exceeds a year or more as an ‘aggravated felony’. IIRIRA treats probation (deferred adjudication) as a sentence and a final order of conviction for deportation purposes. Non-U.S. citizens with ‘aggravated felony’ convictions are removed expeditiously from the country and they are barred from seeking appellate review or to re-enter legally unless a pardon is granted.

Criminal deportation is a very difficult topic to address in Jamaica, and it appears as if it is a political issue with many pros and cons, than a social one. In regards to deported migrants (criminals and non-criminals) in Jamaica, we are saddled with the perception of some people as hardened criminals, failures, time-wasters, a disgrace to family or to one’s self, and a menace or threat to the society. We are held responsible for much of the widespread crime and violence problems.

As a result, a serious state of alienation, marginalization and stigmatization exists among a number of us and some members of the society. From the study, however, some people are becoming more tolerant towards some deported migrants’ condition because various members of the society have become more accustomed to seeing deported persons arriving from overseas, especially from the United States of America at an alarming rate.

In addition, some people have had a family member or friends who have been deported. Due to the fact that criminal deported migrants are held responsible for some of the widespread criminality in Jamaica, it is apparent to me that some of the media-driven discussions about us are quite disturbing at times. Some media reports about deported migrants involvements in criminal activities are unsupported (hypothesis), while some are supported by facts which have been corroborated by the police.

In regards to some news headlines about deported migrants, the prejudices are obvious in some articles, as well as speculative claims expressed about people. The media on most occasions relied on information from law enforcement agencies and influential politicians who have done so much damage to the image of some non-criminal deported migrants. And, as a custom, the persons are ghost writers.

Consequently, I believe that if there has not been any misinformation about the deported migrants’ phenomenon, then the process of reintegration and resettlement would have been much easier. Furthermore, numerous deported migrants would not have to deal with the awful stigma and alienation associated with deportation to Jamaica. In a correspondence with the Attorney General of Jamaica, I was told that the Government of Jamaica lacks the jurisdiction to question any action on part of the United States judiciary system with regard to the conviction and deportation of any Jamaican.

Another serious pitfall to deportation which is an indication of the IIRIRA, is the fact that during several criminal court proceedings, law enforcement workers treat Jamaicans unfairly, which resulted in several of them receiving illegal convictions because of violation of ‘due process’. As a consequence, Immigration and Customs Enforcement (ICE) agents acted upon the terms of imprisonment and deport people knowingly or inadvertently. With the introduction of new or amended clause to the IIRIRA, and the aggressive and concerted enforcement of the law by various law-enforcement agencies, there seems to be no ending to the massive deported migrant problem in Jamaica.

As part of the new Jamaican culture, some people believe that several deported migrants are aligned to well-organized criminal networks with a North American connection. I believe that the Americans have a direct interest in Jamaica for a variety of reasons. If one of the major problems with deportation is that the ICE are deporting too many people back to the homeland without their belongings and Jamaica being able to help deported migrants to adjust back to society, the problem is that the Government of Jamaica is doing too little to address the problem.

This needs some further investigations because the Government of Jamaica’s failure to manage the problem in order to allow deported migrants to help themselves, is not just about wasted opportunities, it is also about the failure of government to deal with a very important issue in a meaningful way—irrespective of the way in which people look at deported persons. Criminal deportation is a social issue and the Americans will not fix it for Jamaica, they only will make the matter worse because it is not their problem.

Author’s Note

THESE WRTITINGS ARE SET FORTH without arrogance or exclusivity with the hope that someone, somewhere, may glean meaning from them and effect positive change. The information in this book is based on reality. It is verified wherever possible against other sources and U.S. Government files for transparency and synchronization. I have maintained the context of conversation and issues as I recall, research and study them. When practical, I have explored the effect of deportation or removal in other participating Caricom-member states.

In most cases, the names and identifying details of deported migrants, particularly those referred to in this book have to be changed, but the names of other persons cannot be change for identifying purposes. In order to protect the identities of deported migrants’ I use other names. I refrain from using any copyrighted materials or divulge any information that is not supported by evidence, or information that will endanger anyone’s life, but mine. I beg for understanding if some details have been overwritten. The facts and issues as I refer to them are true to the best of my knowledge.

I did not use any information or make reference to any writings without seeking permission or acknowledging the originator or creator. I am aware of the consequences of stating a direct falsehood because issues like these are very serious. Therefore, I hope that my story will inspire positive change in American deportation process especially, and in Jamaica or around the world on a difficult topic or area of discussion which affects just about every country around the globe.

These writings are strictly those of the author.

Charlie Brown (2011)

Map of Jamaica listing the fourteen (14) Parishes

The Jamaican Flag

The Jamaica National Flag was first raised on Independence Day, August 6, 1962; it signifies the birth of our nation.

The Jamaican National Motto is ‘Out of Many One People’ based on the population’s multi-racial roots.

[Chapter 1]

UNITED STATES OF AMERICA

This chapter is about the United States of America, its relationship with Jamaica, and my American experience. The United States of America typically referred to as America, U.S.A or the U.S., is a country comprising of fifty states including Alaska and Hawaii. At 3.79 million square miles and with about 310,232,863 people (July 2010 est.), the United States is the third largest country by total area, and third largest by land area and by population. It is one of the world’s most ethnically diverse and multicultural nation—the product of large-scale immigration from many countries around the world.

In regards to migration to America, people who go through illegally or without inspection violate US immigration law and become illegal or undocumented persons. Permanent resident status (green-card) is a privilege granted to a qualify non-U.S. citizen who have met the requirement, then applied to the immigration services, and are successful. In order to remain in the country as a permanent resident, it is contingent on good behavior.

After residing in the country as a permanent resident for a period of five years, or having served in the armed forces for a minimum period of three years, a permanent resident can adjust his or her status and become a naturalized U.S. citizen. It has been stated that America is the world’s lone superpower—a country with a leading position in the international system and the ability to influence events and its own interests and project power on a worldwide scale in order to protect those interests.

Alice Lyman Miller, professor of National Security Affairs at the Naval Postgraduate School defines a superpower as, A country that has the capacity to project dominating power and influence anywhere in the world, and sometimes in more than one region of the globe at a time, and so may plausibly attain the status of global hegemony. The country has often been called the ‘melting pot’, a name derived from its’ rich tradition of immigrants coming to the United States of America looking for a better life and having their cultures melded and incorporated into the fabric of the host country.

The ‘New Colossus’ is a sonnet by Emma Lazarus (1849-1887), written in 1883 and, in 1903, engraved on a bronze plaque and mounted inside the Statue of Liberty. It describes the invitation extended to those wanting to make the United States their home. Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me; I lift my lamp beside the golden door. While recent immigration patterns have changed, the reasons have not.

Individuals and families still travel to the United States with a vision of improving their lives—even though U.S. immigration appears as if it has been broken, or maybe it is a deliberate intent to keep out foreigners. Although the United States is considered a great country, strangely enough it has the highest documented incarceration rate and total prison population in the world.

According to the U.S. Bureau of Justice Statistics (BJS), in 2008, over 7.3 million people were on probation, in jail or prison, or on parole at year-end—3.2 per cent of all U.S. adult residents or 1 in every 31 adults (Source: BJS-Total Correctional Population).

A 2005 report estimated that 27 per cent of federal prison inmates are non-US citizens convicted of crimes while in the country legally or illegally. (Source: GAO-05-337R Information on Criminal Aliens Incarcerated in Federal and State Prisons and Local Jails General Accounting Office. April 7, 2005). The country’s high rate of incarceration is largely due to new sentencing guidelines and drug and gun policies directed towards certain lawbreakers.

United States-Jamaica relations

In spite of massive deportation and other touching issues, I believe that Jamaica is an important country to the United States. The U.S. is a key ally and valued business partner. And Washington has always maintained close and productive relations with the land of ‘wood and water’. Prime Minister Bruce Golding has visited the U.S. on a few occasions since assuming office in 2007, and former Prime Minister P.J. Patterson visited several times after assuming office in 1992.

In regards to issues of great importance, in April 2001, Mr. Patterson and other Caribbean leaders met with President Bush during the Summit of the Americas in Quebec (Canada) at which a Third Border Initiative was launched to deepen U.S. cooperation with Caribbean nations and enhance economic development and integration of the Caribbean nations.

Former Prime Minister Portia Simpson Miller attended the Conference on the Caribbean 20/20 Vision in Washington in June 2007. The United States is an important trading partner with Jamaica. Bilateral trade in goods for years has surpassed U.S. $2 billion. More than eighty U.S. firms have operations in Jamaica, and total U.S. investment is estimated at more than U.S. $3 billion. The political/economic section of the U.S. Embassy assists American businesses seeking trade opportunities in Jamaica. The country is a beneficiary of the Caribbean Basin Trade Partner Act (CBTPA). The American Chamber of Commerce, which also is available to assist U.S. business in Jamaica, has offices in Kingston. (Source: US Department of State).

U.S. Agency for International Development (USAID) has offered assistance to Jamaica since its independence in 1962, and has contributed to a number of projects and programs. In fiscal year 2006, the USAID mission in Jamaica operated a program totaling more than U.S. $21 million in development assistance. In 2010, other projects are being undertaken by the agency. (Source: USAID). The Peace Corp has been in Jamaica continuously since 1962. Since then, more than 3,300 volunteers have served in the country. Numerous volunteers have served in every parish including some inner city communities in Kingston. (Source: US Peace Corp).

In spite of various social issues, Jamaica is faced with the reality of being a small developing country positioned on the ‘third border’ of the world’s most powerful nation and one of the larger economy around the globe. Jamaica’s fluctuating crime and violence problem, its huge foreign debt, a new borrowing relationship with the International Monetary Fund’s (IMF) and the restructuring of the economy is an indication that there is a tough road ahead for government. In spite of several differences, I believe that the Americans have a direct interest in Jamaica.

In regards to political affairs, Jamaica has traditionally had a two-party system with power often alternating between the People’s National Party (PNP) and the Jamaica Labour Party (JLP). While a new political party called the National Democratic Movement (NDM) emerged in the 1990’s in an attempt to challenge the two-party system, it has become largely irrelevant garnering only 540 votes out of the over 800,000 votes in the September 3, 2007 election, wherein the JLP won by a slim margin. (Source: Electoral Office of Jamaica).

Although all cultures change, I think that the Jamaican culture is changing more rapidly than in the past because of the acceleration of trends, the explosion of knowledge, the influence of mass communication, and the rise of a better standard of living for many. Culture is increasingly been seen as the root and the fruit of our development. The root, as it goes to the heart of who we are as a people and society, and the fruit as it is the product or manifestation of our identity—a product that has brought serious adverse effect to our existence.

In my opinion, Jamaica’s culture of crime and violence attracts international attention, and has become a serious hindrance to upward mobility. Numerous Jamaicans, who are living in the United States especially, I believe that they are coming under increase pressure from U.S. immigration as a result of the inappropriate behavior that some Jamaicans put on show while living in the host country. In spite of a serious reduction in crime, Jamaica has had one of the highest murder rates in the world for many years, according to several statistics.

The population is roughly 2.7 million people according to World Bank, World Development Indicators (UN 2008) estimate. Although the United States and Jamaica maintain close relations, in 1996, new U.S. immigration policies resulted in thousands of Jamaicans getting deported or expelled from the country as a result of the concerted and aggressive effort of enforcement of new immigration regulation.

Migration to the United States

For a while, and for a number of reasons, to travel to a foreign country especially America, is what numerous Jamaicans hope for. Also, a US visa, or a valid green card is a prize possession to many Jamaicans, in my opinion. However, one