Governor Cuomo, Pardon This Man!
Governor Andrew Cuomo
As a 44 year old immigrant from Haiti, James Pamphile faces deportation despite the fact that he has lived in New York City for the past twenty years. James identifies as a gay man who is HIV positive. In New York City, he has been able to live openly as a gay man and get the medical treatment and care that he needs to survive. He is a treasured member of his community and has a network of support in this city that he calls home. If deported back to Haiti, James will not survive. This is not theoretical. James suffered persecution and torture in Haiti before coming to the U.S., has no family or friends who can provide him with any support, and will not be able to access the medical care he requires for his survival. Given the recent assassination of Haiti’s President and the country’s current political crisis, it is even more clear that deportation would effectively be a death sentence for James.
James faces deportation based on an incident from over ten years ago. In 2010, James was involved in a bar fight. He ultimately took responsibility and pleaded guilty, but after successfully completing his sentence, he was taken to immigration detention and put in removal proceedings. While in immigration detention, James’ husband passed away, and he suffered from discrimination based on his sexual orientation and was deprived of access to the care and treatment that he needed.
In 2019, James submitted an application to Governor Cuomo requesting a pardon that would allow him to seek asylum and remain in the US. Two years later, the Governor still has failed to make a decision on James’ application. Even though the Governor - through clemency - has the power to grant relief and correct the injustices of this country’s criminal and immigration systems, he has failed to do so. In the case of James, the Governor’s failure to act is a matter of life and death.
On August 18th, 2021, James is scheduled to appear at his next ICE check-in. There is a very high risk that ICE will detain and deport him. If deported, his deportation will effectively be a death sentence for him given the lack of medical treatment that he relies on here in the U.S. and the deadly conditions in Haiti stemming from the President’s recent assassination. The latter fact has been confirmed by the U.S. government who has extended Temporary Protected Status for Haitians living in the U.S.
James’ case represents the violence inflicted by this country’s immigration and criminal legal systems on Black immigrants daily. Given the racism and anti-Blackness embedded in this country’s criminal legal and immigration systems, Black immigrants constantly face persecution by the police and immigration enforcement. The disproportionate policing of Black people means that in the case of Black immigrants like James, they are even more likely to be detained and deported by ICE. In the U.S., Black immigrants live a life of constant double jeopardy.
James’ case is urgent. He faces the imminent threat of separation from his community and support here in New York. Through clemency, New York’s Governor holds the power to provide relief from the injustices and racism of this country’s immigration and criminal legal system -- and to protect immigrants such as James from deportation. In 2019, James submitted an application for a pardon to Governor Cuomo. As Cuomo prepares to leave office on August 24th, he has the last chance to do what is right and help keep James safe. We demand that Cuomo pardon James. Join us in calling on Governor Cuomo to #PardonJamesNow and stop his deportation!Sponsored by
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To:
Governor Andrew Cuomo
From:
[Your Name]
We, the undersigned, urge you to immediately grant James Pamphile a pardon, which will protect him from deportation to Haiti.
As a 44 year old immigrant from Haiti, James Pamphile faces deportation despite the fact that he has lived in New York City for the past twenty years. James identifies as a gay man who is HIV positive. In New York City, he has been able to live openly as a gay man and get the medical treatment and care that he needs to survive. He is a treasured member of his community and has a network of support in this city that he calls home. If deported back to Haiti, James will not survive. This is not theoretical. James suffered persecution and torture in Haiti before coming to the U.S., has no family or friends who can provide him with any support, and will not be able to access the medical care he requires for his survival. Given the recent assassination of Haiti’s President and the country’s current political crisis, it is even more clear that deportation would effectively be a death sentence for James.
James faces deportation based on an incident from over ten years ago. In 2010, James was involved in a bar fight. He ultimately took responsibility and pleaded guilty, but after successfully completing his sentence, he was taken to immigration detention and put in removal proceedings. While in immigration detention, James’ husband passed away, and he suffered from discrimination based on his sexual orientation and was deprived of access to the care and treatment that he needed.
In 2019, James submitted an application to your office requesting a pardon that would allow him to seek asylum and remain in the US. Two years later, there has still been no decision made on his case.
Withholding a pardon from James is a matter of life and death. On August 18th, 2021, James is scheduled to appear at his next ICE check-in. There is a very high risk that ICE will detain and deport him. If deported, his deportation will effectively be a death sentence for him given the lack of medical treatment that he relies on here in the U.S. and the deadly conditions in Haiti stemming from the President’s recent assassination. The latter fact has been confirmed by the U.S. government who has extended Temporary Protected Status for Haitians living in the U.S. .
James’ case represents the violence inflicted by this country’s immigration and criminal legal systems on Black immigrants daily. Given the racism and anti-Blackness embedded in this country’s criminal legal and immigration systems, Black immigrants constantly face persecution by the police and immigration enforcement. The disproportionate policing of Black people means that in the case of Black immigrants like James, they are even more likely to be detained and deported by ICE. In the U.S., Black immigrants live a life of constant double jeopardy.
You have the power to stop this deportation from happening, and to keep James here with his community, his healthcare, and his loved ones. We urge you to grant James a pardon immediately.