Life and death decisions are made every day in immigration court. Immigration judges are empowered to let racism and other biases drive their decisions, then “disappear” (deport) the people they are supposed to protect. The courts within the Executive Office for Immigration Review (EOIR) are quasi-judicial offices directed by the U.S. Department of Justice, not independent judiciaries. This system was deliberately designed to offer the illusion of justice, while failing the people it claims to protect and hiding behind obscurity.
No longer.
In 2024, after two years of research, OHIA began publishing a groundbreaking series of reports about racism in immigration court, law, policy, and practice in a project called “Behind Closed Doors: Black Migrants and the Hidden Injustices of U.S. Immigration Courts.” This story in the Columbus Dispatch offers a good grounding in the purpose behind this research. Following are the project’s key deliverables.
Dystopia, Then Deportation
On December 12, 2023, over 60 advocates, community leaders, philanthropic partners, legal experts, and directly impacted individuals gathered (physically and virtually) at the Ford Foundation Center for Social Justice for “Dystopia, Then Deportation,” an event that catalyzed a series of wide-ranging, solutions-oriented discussions about the systemic injustices and basic human rights violations experienced by Black migrants within the US immigration enforcement system. “Dystopia, Then Deportation” summarizes insights and recommendations from a strategy session co-hosted by OHIA, the Mauritanian Network for Human Rights in US, and Cameroon Advocacy Network at the Ford Foundation Center for Social Justice. The report was authored by Nana Afua Y. Brantuo, Ph.D, Founder and Principal of Diaspora Praxis LLC. and published by Ohio Immigrant Alliance. Download the report.
Diaspora Dynamics
“Diaspora Dynamics” is an annotated bibliography of over eighty studies into the lives of Black migrants in the U.S., published between 1925 and 2023. It examines research on the diverse experiences, circumstances, and policy concerns affecting Black migrants and immigrants across the United States. Drawing from a compilation of over 80 publications (dating as far back as 1925), with research reports, academic articles, policy briefs, and guides, this bibliography sheds light on the growth, geographic distribution, demographic profiles, and socioeconomic outcomes of major Black immigrant groups. Its purpose is to serve as a resource for policymakers, advocates, service providers, and researchers seeking to understand critical issues that impact these varied communities. Download the bibliography.
The System Works As Designed: Immigration Law, Courts, and Consequences
The U.S. immigration courts have flown under the radar screen for decades. But decisions made by immigration judges have life-altering outcomes. Both the structure of the courts themselves, and the laws they are charged with implementing, were fashioned on a foundation of racism, power imbalance, and coercive control. “The System Works As Designed: Immigration Law, Courts, and Consequences” shows how this quasi-judicial structure—filled with legal landmines and subjective standards open to bias, underpinned by political ideology instead of impartiality—is failing the people they purport to protect. Download the full paper and executive summary.
Scarred, Then Barred: U.S. Immigration Laws and Courts Harm Black Mauritanian Refugees
This case study outlines reasons many Black Mauritanians who meet the definition of a “refugee” under international and U.S. law have been denied protection in the U.S. immigration courts. Judges’ accusations of “lying” and “fraud” are often based on bias, not evidence. They fail to understand the country’s political history and government-issued identity documents, making decisions based on false assumptions. Migrants often have to present their cases without a legal guide, while the government is represented every time. Once a person is deemed “not credible” by an immigration judge, appellate judges tend to defer to that finding, no matter how wrong the reasoning may be.
The experiences outlined in this report are not unique to Black Mauritanians. To meet the stated goal of humanitarian protection, the U.S. immigration laws and courts need a redesign at the roots. “Scarred, Then Barred” highlights recommendations from the Mauritania TPS Working Group, Ohio Immigrant Alliance, Asylum Seeker Advocacy Project, and Peter L. Markowitz’ paper “A New Paradigm for Humane and Effective Immigration Enforcement.” Read it here.
Black Immigrants in Ohio: A Demographic Data Brief
Black immigrants have been methodically making their mark in Ohio with little notice or fanfare for decades, until Haitian-Ohioans in Springfield were unwittingly thrust into the national political conversation. Black migration to Ohio was led by African Americans during the end of formal slavery and the Great Migration. It continued through successive international movements of people from Africa, the Caribbean, and other regions seeking the same things everyone needs — opportunities for education, jobs, and a safe place to raise their families. According to “Black Immigrants in Ohio: A Demographic Data Brief,” as of 2021 Ohio was home to an estimated 90,000 foreign-born Black residents, representing about 6% of the overall Black population in Ohio in 2021 (ACS 5-Year Estimates, 2021). The last decade has seen substantial growth within this demographic, spurring new community formations, cultural influences, and economic impacts. Black immigrants now live and work across Ohio — as nurses in Cleveland hospitals, production workers in Dayton factories, professors at Columbus universities, and entrepreneurs opening restaurants in Cincinnati. They are part of the social fabric that makes Ohio the diverse state that it is.” Read the report and check out the press release, with videos from the Haitian Community Help and Support Center and Ohio Immigrant Alliance.
For further discussion about racism in immigration law, policy, and structures, as well as firsthand accounts, read or listen to “Broken Hope: Deportation and the Road Home” by Lynn Tramonte and Suma Setty, with research by Maryam Sy. Download the ebook for free; listen to audio summaries in English, French, and Fulani; or purchase a copy of the paperback.