The harrowing experience of Monica Moreta Galarza in New York City, where her husband, Rubén Abelardo Ortiz López, was forcefully detained by immigration officers despite a pending court hearing, mirrors the growing anxieties of many Kenyan families in the diaspora. This incident, where Galarza was reportedly thrown to the ground as her husband was taken, underscores the aggressive enforcement of immigration policies in the United States.

The US Immigration and Customs Enforcement (ICE) has identified 1,282 Kenyan nationals for deportation as of November 24, 2024, due to undocumented status or other immigration violations. This forms part of a larger group of over 1.4 million non-citizens from 187 countries targeted for removal. The intensified deportation efforts by the US government, particularly under renewed immigration policies, have left thousands of undocumented immigrants, including Kenyans, in a precarious situation.

Historical and Political Context of Deportations

Deportations of Kenyans from the US have been a consistent, albeit fluctuating, issue. Since 2019, the rate of removals has surged, with 335 Kenyans deported between 2019 and 2024. Specifically, 122 Kenyans were deported in 2019, 85 in 2020, and 128 between 2021 and 2024. The primary reasons for these deportations often include visa violations, criminal activities, or overstaying authorized periods of stay.

The current US administration's stance on immigration has significantly impacted these trends. President William Ruto, speaking on the sidelines of the United Nations General Assembly (UNGA) in New York, denied claims that Kenya is part of a US plan to accept illegal immigrants expelled from the United States. He emphasized that any such proposal would need to strictly comply with the Kenyan Constitution and have a clear legal justification.

Laws, Policy, and Governance

Kenyan immigration laws, primarily outlined in the Kenya Citizenship and Immigration Act, 2011, govern the entry, stay, and exit of foreigners in Kenya. While these laws primarily focus on foreign nationals within Kenya, the Kenyan government has a responsibility to its citizens abroad. The Directorate of Immigration Services, under the Ministry of Interior and Coordination of National Government, is mandated to issue passports and other travel documents, and provide consular services to Kenyan nationals at missions abroad.

For Kenyans facing deportation abroad, legal options exist, though they can be costly. These include appeals, asylum claims, and voluntary departure. Unlike criminal cases, immigration courts in the US do not provide free government lawyers, meaning individuals must bear the cost of legal representation, which can amount to thousands of dollars.

Stakeholders and Testimonies

The Kenyan Embassy in the US has acknowledged the situation and stated its readiness to assist affected individuals on a case-by-case basis, advising them to seek legal assistance and explore appeal options. However, the lack of comprehensive support for Kenyans facing deportation has drawn criticism from human rights groups and families. There are calls for the Kenyan government to enhance consular services, provide legal aid, and develop repatriation programmes with job placement and grants to support returnees.

The impact of deportations extends beyond the individuals directly affected, tearing families apart and disrupting livelihoods. Children of deported parents often experience significant emotional and behavioral challenges, including anxiety, depression, and post-traumatic stress disorder. The fear of deportation can also lead to shame and secrecy among children, affecting their identity and overall well-being.

Evidence and Data

Risks and Implications

The rising number of deportations poses significant risks to Kenyan families and the diaspora community. Beyond the immediate trauma of separation, deportees often face challenges reintegrating into Kenyan society, especially if they have been away for extended periods and lack a ready support system. The economic impact on families, both in the US and Kenya, can be severe, as remittances, a crucial source of income for many Kenyan households, may be disrupted.

Furthermore, the perceived indifference or slow response from the Kenyan government to the plight of its citizens abroad has raised questions about its commitment to protecting their rights. This can erode confidence among the diaspora and potentially impact future engagement with the government.

Unknowns and Controversies

A significant unknown remains the extent of the Kenyan government's proactive measures to address the root causes of these deportations, such as providing adequate information on immigration laws in host countries or offering pre-departure guidance. While President Ruto has denied any agreement to accept deported migrants from the US, the broader strategy for supporting Kenyans facing such predicaments remains unclear.

Controversies also arise from allegations of transnational repression, where activists and political opponents living in Kenya have reportedly been abducted and forcibly returned to their home countries. This raises concerns about Kenya's reputation as a safe haven and its adherence to international humanitarian law, including the principle of non-refoulement.

Timeline and Next Steps

The ongoing enforcement of immigration policies by the US government suggests that deportations of undocumented Kenyans will likely continue. The Kenyan government's response, particularly in enhancing consular services and legal aid, will be crucial in mitigating the impact on its citizens. Advocacy groups continue to press for clearer policies and greater government intervention.

What to Watch

Kenyans in the diaspora and their families should closely monitor policy developments in host countries regarding immigration and deportation. The effectiveness of the Kenyan government's diplomatic efforts and the implementation of support programmes for deportees will be key areas to watch. Additionally, the role of human rights organisations in providing legal assistance and advocating for the rights of affected individuals will remain vital.