US Immigration Customs Enforcement enforcing a past deportation order. /ICE/XThousands of illegal immigrants are facing deportation from the US following President Donald Trump's crackdown on those who entered the country without proper documentation.
Deportation of undocumented immigrants was a key pillar of Trump's presidential campaign and he wasted no time in issuing executive orders shortly after he took the oath of office for his second non-consecutive term on January 20.
He tasked the military with deporting immigration violators and directed immigration officials to target even illegal immigrants without criminal records.
Statistics issued by the US Immigration and Customs Enforcement (ICE) show that as of November 2024, at least 1,282 Kenyans were listed among 1,445,549 non-citizens targeted for deportation.
The agency said the number is of those who are non-detained, meaning they are not in custody over criminal violations, but final orders for their removal from the US have been obtained.
However, ICE clarified that those appearing on the list have room to continue staying in the US due to legal technicalities that grant them certain reliefs.
ICE said it only effects deportations on the strength of orders issued by an immigration judge or other lawful orders as stipulated under Title 8 of the US Code.
The agency, however, enumerated several reasons why it's unable to execute deportation of certain noncitizens.
"There are several reasons ICE may not be able to effectuate the removal of a noncitizen with a final order of removal. However, this does not guarantee every person seeking to remain in the United States will be able to do so," ICE said.
The agency said those with a probability of evading deportation include those who have expressed fear to return to their home country or received a negative credible fear determination affirmed by an immigration judge.
"Noncitizens may pursue a form of relief or protection from removal, which may include asylum, withholding of removal, or protection under the Convention Against Torture. If a noncitizen is granted any form of relief from removal, ICE is unable to effectuate the removal," ICE explained.
Asylum status is a form of protection available to people who meet the definition of refugee and are already in the United States or are seeking admission at a port of entry.
Withholding of removal is a form of relief from deportation that allows noncitizens to remain in the United States if they would face persecution in their home country.
Withholding of removal under the Convention Against Torture (CAT) is a mandatory form of protection that
prevents the deportation of noncitizens to countries where they would likely face torture.
"It's an alternative to asylum, which is another way to avoid deportation. To be granted withholding of removal, applicants must meet a higher standard of proof than for asylum," ICE said.
ICE explained that for one to be granted withholding of removal, they must demonstrate that they are more likely than not to face persecution if returned to their home country and show that the persecution would be due to their race, religion, nationality, political opinion, or membership of a particular social group—like LGBTQ+.
"If a noncitizen is granted withholding of removal, the applicant can remain and work lawfully in the United States for an indefinite period," ICE said.
Regarding asylum, it's important to note that Trump sealed the US refugee admission programme as part of his far-reaching measures targeting immigrants without proper documentation.
This means the pathway of those seeking to either enter or continue staying in the US as refugees fleeing persecution in their countries has been sealed for now.
While issuing the directive, Trump said that refugees were a strain on American communities and that their admission will only be restarted if he determines that doing so "is in the interests of the United States."
Trump also directed officials to stop allowing immigrants into the US through an immigration policy known as parole.
The parole policy grants entry to foreigners on humanitarian or public interest grounds.