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	<title type="text">John Washington | Vox</title>
	<subtitle type="text">Our world has too much noise and too little context. Vox helps you understand what matters.</subtitle>

	<updated>2021-04-05T14:16:04+00:00</updated>

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				<name>John Washington</name>
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			<title type="html"><![CDATA[He was arrested for marijuana 17 years ago. Now it’s legal. So why is he still guilty of a crime?]]></title>
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			<updated>2021-04-05T10:16:04-04:00</updated>
			<published>2020-12-10T10:15:00-05:00</published>
			<category scheme="https://www.vox.com" term="Features" /><category scheme="https://www.vox.com" term="Marijuana Legalization" /><category scheme="https://www.vox.com" term="Policy" /><category scheme="https://www.vox.com" term="Politics" /><category scheme="https://www.vox.com" term="The Highlight" />
							<summary type="html"><![CDATA[Khalil was riding in a car in a Boston suburb with his brother and a friend in 2003 when, he recalls, a police cruiser &#8220;put the lights on us and pulled us over.&#8221;&#160; The officer claimed that their vehicle matched the description of one involved in a shooting. According to the police report, as the [&#8230;]]]></summary>
			
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<p>Khalil was riding in a car in a Boston suburb with his brother and a friend in 2003 when, he recalls, a police cruiser &ldquo;put the lights on us and pulled us over.&rdquo;&nbsp;</p>

<p>The officer claimed that their vehicle matched the description of one involved in a shooting. According to the police report, as the officer approached the car, he saw Khalil &ldquo;moving about in his seat in an apparent attempt to conceal something.&rdquo; The officer told Khalil to get out of the car. As he patted him down, he noticed a substance, he would later write, that &ldquo;through training and experience&rdquo; he believed could be a package of illegal drugs.&nbsp;</p>

<p>Out of Khalil&rsquo;s pocket came a small baggie of marijuana &mdash; and then out came the cuffs.&nbsp;</p>

<p>Seventeen years later, Khalil, now 44 and living in the Dorchester neighborhood of Boston, still enjoys pot. He likes to smoke and listen to music, typically hip-hop, like Griselda and Freddie Gibbs, or R&amp;B (&ldquo;anything soulful,&rdquo; he said). Until 2016, Massachusetts had alternately ticketed, fined, arrested, charged, convicted, and incarcerated people for possessing, using, or selling marijuana. Today, smoking pot while listening to music &mdash; or having a small baggie in your pocket and going for a drive &mdash; is legal.&nbsp;</p>

<p>Khalil still calls BS on his nearly two-decade-old arrest. His lawyer, too, has noted the proliferation of &ldquo;pretextual stops&rdquo; made against Black and brown people in the state. Among the three people riding in the car that day back in 2003, only Khalil was convicted of a crime, for possession of less than a quarter-ounce of marijuana. That conviction continues to cast a shadow over his life.</p>

<p>In 2019 alone, <a href="https://www.forbes.com/sites/emilyearlenbaugh/2020/10/06/more-people-were-arrested-for-cannabis-last-year-than-for-all-violent-crimes-put-together-according-to-fbi-data/?sh=33665c86122f">more than half a million people</a> across the country were arrested for simple possession of marijuana, which is more than the total number of people arrested in the same year for all violent crimes combined. Most of the people caught up in that onslaught of criminalization were Black and brown; studies have shown that Black people, on average, are <a href="https://www.aclu.org/news/criminal-law-reform/a-tale-of-two-countries-racially-targeted-arrests-in-the-era-of-marijuana-reform/">nearly four times more likely to be arrested</a> for marijuana possession than white people, even though both <a href="https://www.brookings.edu/blog/brookings-now/2017/08/11/charts-of-the-week-marijuana-use-by-race/">use marijuana at similar rates</a>.&nbsp;</p>

<p>After decades of pushback &mdash; of calls for justice, pleas for rationality, and scientific studies  finding benefits of <a href="https://www.vox.com/science-and-health/2017/1/14/14263058/marijuana-benefits-harms-medical">marijuana use for pain management</a>, the regulation of <a href="https://www.epilepsy.com/article/2014/2/epilepsy-foundation-calls-increased-medical-marijuana-access-and-research">seizures</a>, and the treatment of <a href="https://www.psychologytoday.com/us/blog/talking-about-trauma/201712/medical-marijuana-ptsd">PTSD</a>, <a href="https://www.apdaparkinson.org/article/medical-marijuana-and-parkinsons-disease/">Parkinson&rsquo;s</a>, <a href="https://www.nationalmssociety.org/Treating-MS/Complementary-Alternative-Medicines/Marijuana/Marijuana-FAQs#question-What-is-the-Society%E2%80%99s-position-on-the-use-of-marij">multiple sclerosis</a>, and <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3165951/">nausea</a>, among <a href="https://www.healio.com/news/primary-care/20190301/medical-marijuana-relieves-symptoms-of-chronic-disease-in-older-adults">many other chronic conditions</a>, with minimal side effects and little risk of addiction for adults &mdash; states, including Massachusetts, have begun to roll back the criminalization of pot.</p>

<p>In 2014, Colorado became the first state to legalize recreational marijuana use and sales, opening the doors to a cottage industry of growers, chic dispensaries, weed delivery services, weed vending machines, and even pot tourism. Today, legal sales top $1 billion a year in Colorado, contributing <a href="https://denver.cbslocal.com/2020/09/16/new-record-marijuana-sales-colorado-226-million-july/">hundreds of millions in tax revenue</a>. Ten other states have since followed Colorado, and in November, <a href="https://www.vox.com/2020/11/13/21560332/weed-won-2020-election">voters in four more states</a> approved legalization ballot measures to do the same in coming months.&nbsp;</p>

<p>The wins for marijuana advocates reflect a sea change in cultural attitudes toward the drug, putting it on par with cash cows such as alcohol, cigarettes, and gambling. An exultant, and lucrative, plume of marijuana smoke seems to be hovering in the air. But the movement for legalization isn&rsquo;t just about destigmatizing a plant and sorting the profits. It&rsquo;s about halting the panoply of harms still being exacted &mdash; racially targeted overpolicing, mass incarceration, and vilification of drug users &mdash; and about building a more equitable future.</p>

<p>To achieve that idyllic future, reformers aren&rsquo;t gazing only at the just pastures on the political horizon. They are also looking to undo the past wrongs that have shattered lives.&nbsp;</p>

<p>On the campaign trail, both President-elect Joe Biden and Vice President-elect Kamala Harris repeatedly mentioned the idea of expungements, or the retroactive erasure of past convictions for low-level marijuana offenses, mostly possession. And the Marijuana Opportunity Reinvestment and Expungement Act (The <a href="https://www.congress.gov/bill/116th-congress/house-bill/3884/text">MORE Act</a>), which would simultaneously expunge convictions as it legalized marijuana at the federal level, <a href="https://www.vox.com/2020/12/4/21443790/marijuana-legalization-house-of-representatives-congress-bill">sailed through a vote</a> in the Democratic-controlled House of Representatives this month (though its passage in the Republican-led Senate is <a href="https://www.bizjournals.com/phoenix/news/2020/11/30/cannabis-legalization-bill.html">believed to be</a> unlikely).</p>

<p>But the story of Massachusetts reveals the shortcomings of piecemeal legalization efforts for those who&rsquo;ve been harmed by the drug war. Sometimes those in power shoot the confetti on legalization and only then seem to remember that people are still chained by old convictions or remain imprisoned. As marijuana use is legalized and normalized &mdash; as a new industry is born, as Grandma openly smokes to ease her arthritis and Mom and Dad <a href="https://www.nytimes.com/2020/07/13/style/weed-edibles-pandemic.html">pop weed gummies</a> after the tykes are tucked in &mdash; Khalil still can&rsquo;t get a job because of a 17-year-old marijuana conviction.&nbsp;</p>

<p>When Massachusetts legalized marijuana in 2016, legislators didn&rsquo;t initially address what to do about those who had racked up minor pot convictions before our new era of cannabis enlightenment. After grassroots efforts and leadership from community and state criminal justice advocates, a new and complicated 2018 statute set up a system of expungement, but Khalil&rsquo;s attempts to clear his record have been, so far, a halting and unsuccessful fiasco. (Vox is using Khalil&rsquo;s Muslim name, not his legal name. Fearing continued discrimination, he and his lawyer requested that his legal name not be published.)</p>

<p>In practice, not only do those seeking expungements need a lawyer to secure one, but they are also subject to the whims of a judge who must rule that clearing a record is &ldquo;in the interest of justice.&rdquo; An unconvinced judge and delays provoked by the coronavirus have dragged Khalil&rsquo;s case on for more than a year.&nbsp;</p>

<p>According to NORML, a marijuana legalization advocacy group that has been working on the issue for 50 years, across the country, there are hundreds of thousands, perhaps even millions of people like Khalil whose past marijuana convictions continue to weigh on their lives like millstones. &ldquo;You have countless lives that have been ruined,&rdquo; said Kimberly Napoli, an expungement advocate, Massachusetts Cannabis Advisory Board member, and one of the key players in the state&rsquo;s legalization movement. In other words, expungement advocates and marijuana policy reformers have a lot of un-ruining to do.</p>
<iframe src="https://open.spotify.com/embed-podcast/episode/2AdanbOk2LMd5kXBI02ES4" width="100%" height="232" frameborder="0" allow="encrypted-media"></iframe><hr class="wp-block-separator" /><img src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/22139898/GettyImages_668310602.jpg?quality=90&#038;strip=all&#038;crop=0,0,100,100" alt="" title="" data-has-syndication-rights="1" data-caption="Volunteers working for the DCMJ, a Washington, DC, group calling for cannabis to be removed from the Controlled Substances Act, roll hundreds of marijuana joints before a 2017 protest at the US Capitol calling on legislators to relax marijuana laws. | Paul J. Richards/AFP via Getty Images" data-portal-copyright="Paul J. Richards/AFP via Getty Images" />
<p class="has-drop-cap">Khalil doesn&rsquo;t remember the details of the second time he was charged with marijuana possession, which took place three years later, in 2006. He only knows that it was one of the dozens of times &mdash; more than 20, in Khalil&rsquo;s estimation &mdash; that he has been racially profiled and stopped and harassed by the police. &ldquo;Just me being out in the street and the cops just profiling me,&rdquo; he explained. Police, he told me, &ldquo;don&rsquo;t like to see a bunch of Black people congregating. It&rsquo;s especially true for Black men &hellip;&nbsp;even on your own street.&rdquo;&nbsp; And, with pot in his pocket again, he got his second marijuana charge.&nbsp;</p>

<p>Despite his vexed history with the plant, Khalil said simply, &ldquo;I enjoy recreational smoking, and I don&rsquo;t see myself stopping.&rdquo; That&rsquo;s where he is now, though he&rsquo;s taken breaks in the past, and does so every year for Ramadan. He&rsquo;s thought about quitting, he said, anytime his &ldquo;financial situation started looking funny.&rdquo; As he&rsquo;s struggled to get or keep employment over the years, it&rsquo;s been &ldquo;funny&rdquo; a lot.&nbsp;</p>

<p>A father of three, Khalil is a self-described family man. He keeps it low-key, doesn&rsquo;t party, and harangues his neighbors about keeping the stairwell just outside of his apartment door free of trash and hard drugs. He and his girlfriend like to toil over abstract and complicated jigsaw puzzles &mdash; in mid-October, one was partially pieced together on the table, another glued in completion and hung on the wall. A collection of toy figurines made out of spray-paint can lids peopled the mantle under a flat-screen television. &ldquo;We&rsquo;re really into art and self-expression in this house,&rdquo; Khalil said. At the squat coffee table in front of the sectional is where he smokes.&nbsp;</p>

<p>Khalil grew up in a two-parent home in the nearby middle-class neighborhood of Mattapan. Now he lives in a cluster of subsidized housing in Dorchester. The downward slide from his middle-class youth has been hard on him. &ldquo;There&rsquo;s people that are miserable here, and there&rsquo;s a lot of drugs&rdquo; &mdash; mostly heroin and crack.</p>

<p>The primary catch in his efforts to move to a calmer neighborhood has been the history that keeps popping up in the job application process. In one of his many attempts to land a solid position, Khalil made it to a second interview at a Whole Foods in 2016, but then, he said, they ran a background check and told him that, with his drug history, it was a no-go. He applied elsewhere, sometimes going to temp agencies, but nothing worked out long-term. He lost a job, then found work on the third shift at a warehouse, but couldn&rsquo;t manage the schedule with his three kids. With Khalil unemployed, the family relied on his girlfriend working two jobs to hold things down.&nbsp;</p>

<p>&ldquo;I wake up with the intention to pray so the rest of the day goes well. That is my life, somebody who commits his will to God as soon as he opens his eyes,&rdquo; Khalil said. One of his prayers is to clear his record. Another: &ldquo;I&rsquo;ve been praying for years to find a job.&rdquo;</p>
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<p class="has-drop-cap">If you were stopped by the police in Massachusetts before 2008, when the state began incrementally decriminalizing possession, and you had a small amount of marijuana in your pocket or a single joint behind your ear, you could face an arrest, a fine, even jail time.<strong> </strong>The offense could become a permanent part of your record, hampering efforts to get a job, find housing, even access student loans. If you were stopped after December 2016, when the state fully legalized marijuana possession, you could flaunt a spliff in a cigarette holder and have an ounce of weed in your fanny pack, and you would face no charges, your job prospects would remain the same, and you could apply for housing or loans without the extra worry.</p>

<p>It&rsquo;s this sense of arbitrariness that irks Khalil and others who believe expungement of marijuana convictions is a necessary step during the legalization process, and not just an afterthought. (At the federal level, any possession of marijuana remains punishable, at the first offense, by up to a $1,000 fine and a year in prison; it goes up from there. Federal prosecutions, however, became exceedingly rare after the Obama administration announced in 2013 it would no longer interfere with marijuana operations that followed state guidelines, and <a href="https://www.supremecourt.gov/publicinfo/year-end/2019year-endreport.pdf">continue to plummet</a>.)&nbsp;</p>

<p>The legal &mdash; some might call it ethical &mdash; discrepancy in Massachusetts wasn&rsquo;t addressed by the state for nearly two more years, when the state <a href="https://www.usnews.com/news/best-states/massachusetts/articles/2018-04-13/gov-baker-to-sign-sweeping-criminal-justice-overhaul-bill">passed an expungement statute</a> in 2018, and lawmakers still didn&rsquo;t make it easy. In fact, it&rsquo;s been a mess.</p>
<figure class="wp-block-gallery has-nested-images columns-1 wp-block-gallery-1 is-layout-flex wp-block-gallery-is-layout-flex"><img src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/22139929/GettyImages_105203985.jpg?quality=90&#038;strip=all&#038;crop=0,0,100,100" alt="" title="" data-has-syndication-rights="1" data-caption="Activists such as those from NORML, a marijuana legalization advocacy group (pictured in 2010), have moved the national conversation forward on the matter of expungement. But how to treat old pot convictions still varies from state to state. | Joe Raedle/Getty Images" data-portal-copyright="Joe Raedle/Getty Images" />
<img src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/22139930/GettyImages_1175341712.jpg?quality=90&#038;strip=all&#038;crop=0,0,100,100" alt="" title="" data-has-syndication-rights="1" data-caption="Marijuana activists in 2019 hold up a 51-foot inflatable joint during a rally at the US Capitol to call on Congress to pass cannabis reform legislation. The federal Marijuana Opportunity Reinvestment and Expungement Act will likely see a vote this December in Congress. | Caroline Brehman/CQ-Roll Call via Getty Images" data-portal-copyright="Caroline Brehman/CQ-Roll Call via Getty Images" />
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<p>In theory, someone like Khalil only needs to submit a petition to the court in order to have a conviction expunged. But in reality, they likely need to hire a lawyer or find one to work for free and present the case before a judge, typically with a stack of attending documents, evidence, a clear argument, and references. For some, convictions have already been sealed, under a previously established process that blocks some employers from seeing a past conviction, though police, prosecutors, and some state and all federal employers could still see it. Now, someone with a sealed record would have to get it unsealed, then petition to expunge.</p>

<p>Khalil has been trying to bleach his old rap sheet for more than a year. Even as courts began to reopen in late summer and early fall after being partially shut down due to Covid-19 restrictions, some courts were not processing expungements. &ldquo;Access to expungement is not happening,&rdquo; Pauline Quirion, Khalil&rsquo;s attorney, told me, adding the old saw, &ldquo;Justice delayed is justice denied.&rdquo;</p>

<p>Clearing your name isn&rsquo;t nearly as arduous in other states. Colorado Gov. Jared Polis, for example, <a href="https://www.denverpost.com/2020/10/01/colorado-marijuana-convictions-pardons-governor-polis/">recently pardoned nearly 3,000 people</a> convicted of possession of up to two ounces of marijuana. If you&rsquo;re eligible for a pardon in Colorado, the process is now automated; you just have to check a website to see if you&rsquo;ve been cleared. Similar programs exist in California, Illinois, and Vermont. Other states offer the sealing of records &mdash; a half-measure, Quirion said.&nbsp;</p>

<p>As more of the population lives in states where marijuana is legalized, even celebrated, it is increasingly clear that ongoing punishment&nbsp;for having committed an act that is no longer a crime doesn&rsquo;t square with current views on either justice or marijuana. A steady drumbeat for amelioration is gaining momentum, and in the calls for racial and social justice, expungement is at the forefront.</p>

<p>Sponsored by House Judiciary Chair Jerry Nadler (D-NY), with Kamala Harris as lead sponsor of the Senate companion bill, the MORE Act would remove cannabis from the Controlled Substances Act, push marijuana legalization into the federal realm, and include a funding mechanism incentivizing states to implement expungement programs. (At the same time, the <a href="https://www.who.int/publications/m/item/ecdd-41-cannabis-recommendations?utm_source=WOLA+Mailing+List&amp;utm_campaign=18b8080f83-EMAIL_CAMPAIGN_2020_12_01_02_25&amp;utm_medium=email&amp;utm_term=0_54f161a431-18b8080f83-149034505">World Health Organization is recommending</a> that the United Nations&rsquo; Commission on Narcotic Drugs recognize the medical value of marijuana; the UN in December <a href="https://www.nytimes.com/2020/12/02/world/europe/cannabis-united-nations-drug-policy.html">ended classification of the drug</a>  as having &ldquo;particularly dangerous properties.&rdquo;)</p>

<p>In New Jersey, whose legalization ballot measure is being closely watched as it could knock over the neighboring domino of New York &mdash; where the industry, currently only for medical use, is <a href="https://www.grandviewresearch.com/industry-analysis/new-york-cannabis-market">already a multibillion-dollar market</a> &mdash; it took significant pressure from racial justice advocates to convince state legislators to include expungement provisions. The &ldquo;virtual expungement&rdquo; relief measure included in the state Senate version of the bill provides <a href="https://www.njleg.state.nj.us/2020/Bills/S3000/2535_I1.PDF">automatic annulment of past convictions</a>.&nbsp;(The exception is for people seeking employment in the judicial branch, law enforcement, or the corrections industry. Similar bills have been approved by both the state Assembly and Senate, but are yet to be finalized.)&nbsp;</p>

<p>Rev. Charles Boyer, director of the New Jersey faith-based group Salvation and Social Justice, who had sought expungements as well as to make licenses to sell available to those previously penalized for selling marijuana, recently told <a href="https://gothamist.com/news/cannabis-industry-hopes-racial-justice-message-can-help-legalize-recreational-marijuana-use-new-jersey">Gothamist</a>, &ldquo;The [original New Jersey] ballot question leaves no room to do racial justice.&rdquo; As reformers are learning, states that don&rsquo;t work automatic expungement into legalization efforts, and only try to exculpate ex post facto, may run into Massachussetts&rsquo;s expungement quagmire.</p>
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<p class="has-drop-cap">Part of the difficulty of expunging a record in Massachusetts is technical, with the web portal to file a petition seemingly intentionally dysfunctional. When I tried to follow the steps, I was hit with a barrage of error messages, was ordered to download a new version of Acrobat Reader, and eventually funneled to the site &ldquo;<a href="https://www.mass.gov/service-details/what-to-do-if-you-cant-open-court-pdfs">What to do if you can&rsquo;t open court PDFs</a>.&rdquo; I toiled a few more minutes, and then, irked in that special way bureaucratic websites can irk you, felt like smoking something myself. &ldquo;Even though it will look like the file isn&rsquo;t there,&rdquo; the page reads, &ldquo;go ahead and save the file to your computer anyways.&rdquo;&nbsp;</p>

<p>Massachusetts state Rep. Chynah Tyler (D), who has sponsored <a href="https://malegislature.gov/Bills/191/H3721">a state House bill</a> focused on making marijuana expungements automatic (though it&rsquo;s currently stalled), told me that one problem with the current law is that some of the state&rsquo;s records are only kept on paper. So even an algorithm built to identify old marijuana violations in the system &mdash; one of the proposed components of her automatic expungement bill &mdash; might not work.</p>

<p>A seven-page, step-by-step <a href="https://www.gbls.org/sites/default/files/2019-05/booklet-7-seal-decriminalized-cannabis-cases-5119-f.pdf">pamphlet</a> by Greater Boston Legal Services guides applicants through the current process: &ldquo;My record carries a stigma, and that puts me at a disadvantage in applying for jobs, housing, or other opportunities,&rdquo; the sample explanation reads. The pamphlet suggests providing supporting documents for why your record should be expunged and what other charges may be connected to the case, and reminds you to check the box to request a hearing.</p>

<p>&ldquo;If your goal is to help people have a second chance and not be tied to the mistakes of their youth, then you need a better statute,&rdquo; said Quirion, who is also director of CORI (Criminal Offender Record Information) of Greater Boston Legal Services.</p>

<p>There are also systemic obstacles to clearing your record. Because of the arcane, nearly Kafkaesque, difficulties to get the state to let you off the hook for what is no longer a crime in Massachusetts, you need a lawyer, which can cost hundreds of dollars or more. And if you&rsquo;re looking for an expungement because the violation made it harder for you to get a job, you probably don&rsquo;t have thousands of dollars lying around. One study, <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3353620">published in the <em>Harvard Law Review</em></a><em> </em>and conducted in Michigan, found that people who received expungements saw their wages increase by an average of 25 percent within two years. Plus, the same <a href="https://www.vox.com/2016/3/22/11278760/war-on-drugs-racism-nixon">racism driving the drug war</a> that targeted and prosecuted the same people now seeking those expungements carries over into the broader economic sphere.&nbsp;</p>

<p>&ldquo;We know that people in these communities are disproportionately impacted, they are still overpoliced, are still overincarcerated, and still have less access to health care&rdquo; and economic opportunity, says Napoli, of the state marijuana advisory board. She pointed to the current chasmic economic inequality in parts of the state. As recently as 2017, a study found that the median net worth of white residents of Boston was just shy of $250,000. The <a href="https://www.bostonglobe.com/metro/2017/12/11/that-was-typo-the-median-net-worth-black-bostonians-really/ze5kxC1jJelx24M3pugFFN/story.html">median net worth of Black residents, meanwhile, was $8</a>. When getting your record cleaned of something that is no longer a crime can mean hundreds or thousands of dollars in legal fees, wealth &mdash; or the poignant lack of it &mdash; matters.</p>

<p>According to the Massachusetts expungement law, it has to be in the &ldquo;best interests of justice&rdquo; for a judge to clear your record for a marijuana violation. Part of the problem is how that prerequisite is interpreted. Khalil first appeared in court with an attorney from Greater Boston Legal Services in August 2019. They made his case, and then waited until November, when the judge denied him: Clearing Khalil&rsquo;s name was not, he ruled, in the best interests of justice.</p>

<p>That was as much explanation as they got. Quirion, who had taken over his case from another attorney, chalked it up to a philosophical stance some judges have. That philosophy is captured by <a href="https://www.bostonglobe.com/news/marijuana/2019/05/03/two-years-after-legalization-mass-has-clue-how-many-people-marijuana-records-have-been-cleared/uAAsVHea0TG0a0HzJ6EZIL/story.html">John Carmichael</a>, the police chief of a Boston suburb and another member of the state&rsquo;s Cannabis Advisory Board, who told the Boston Globe in 2019, &ldquo;It&rsquo;s legal now &mdash; that doesn&rsquo;t mean that 10 years ago, when they violated the law, that it shouldn&rsquo;t become part of their record.&rdquo;</p>

<p>Since Khalil&rsquo;s denial, he has filed new motions and appeals. The next step of the appeals process was expected to move forward in November, and Khalil was hoping for a decision by the end of the year, but the process was delayed, again.</p>

<p>Throughout the slog &mdash; the year-plus of struggle to get his record expunged &mdash; he applied for yet another job, as a driver delivering fish and other products to grocery stores and restaurants in the Boston area. The first interview went well, and the manager signaled he&rsquo;d be a great fit. A few days later, he got another call. They were sorry. &ldquo;When they let me know,&rdquo; Khalil said, &ldquo;they said there were some things on my record that company policy won&rsquo;t let us hire you for.&rdquo;&nbsp;</p>
<hr class="wp-block-separator" /><img src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/22139987/GettyImages_1206446135.jpg?quality=90&#038;strip=all&#038;crop=0,0,100,100" alt="" title="" data-has-syndication-rights="1" data-caption="Buyers line up on opening day of Boston’s first recreational cannabis shop, Pure Oasis, this year. Its owners, who are Black, were enrolled in an economic empowerment program that ensures those communities affected by the drug war have a role to play in the “green rush” of the pot economy. | Jessica Rinaldi/Boston Globe via Getty Images" data-portal-copyright="Jessica Rinaldi/Boston Globe via Getty Images" />
<p class="has-drop-cap">Expungements are one among many issues that regulators and the industry can focus on to work toward justice. Several people I spoke with noted the unique opportunity legalization has carved out for the country. &ldquo;Because it&rsquo;s not just about legalizing cannabis,&rdquo; Napoli said. &ldquo;We&rsquo;re really creating a new industry. And we&rsquo;re giving people opportunities that previously didn&rsquo;t exist before. So, when you&rsquo;re giving opportunity, you have to consider those who lost opportunity due to the prohibition of the same commodity.&rdquo;&nbsp;</p>

<p>As Khalil put it: &ldquo;I&rsquo;m in a privileged position to see how it&rsquo;s going to change for Black and brown people, people given the [short] end of the stick as far as the drug war is concerned.&rdquo;</p>

<p>Horace Small, executive director of Boston&rsquo;s Union of Minority Neighborhoods and a member of the &ldquo;weed board,&rdquo; as he dubbed the state&rsquo;s Cannabis Advisory Board, told me, &ldquo;We can create wealth, create jobs, and invest in our communities. This industry is going to last for generations.&rdquo; But before the riches rain down, the state needs to do right by those they&rsquo;ve wronged. It &ldquo;rushed everything&rdquo; when legalizing, Small explained. Equity was, at best, an afterthought.&nbsp;</p>

<p>According to a report from National Expungement Week &mdash; a coalition of organizations focused on offering services to communities affected by the war on drugs &mdash; nationally, <a href="https://nationalexpungementweek.org/impact">only 4 to 6 percent of people eligible for their records to be expunged go forward</a> with the process. And an investigation in Massachusetts found that of the 724 people who tried to expunge their marijuana violations in 2018, only 135, or <a href="https://boston.cbslocal.com/2020/02/13/iteam-marijuana-expungement-law-massachusetts-legalized/">less than 20 percent, were successful</a>.&nbsp;</p>

<p>Even in the midst of&nbsp;a cultural and legal transformation of Americans&rsquo; relationship to cannabis, those seeking equity still have an uphill battle. (Even calling it cannabis is part of some marketers&rsquo; rebranding scheme, marking a difference between marijuana&rsquo;s role in &ldquo;wellness&rdquo; and yuppie recreational usage and the drug that sent Khalil to prison.)</p>

<p><a href="https://www.aclu.org/report/tale-two-countries-racially-targeted-arrests-era-marijuana-reform">An ACLU report</a> published in 2020 found that although the total number of marijuana arrests between 2010 and 2018 declined 18 percent from the previous eight-year period, there were still 6.1 million such arrests. (While some states have legalized controlled recreational use, it remains a crime in those states to sell the drug without a license.) In a Panglossian note, the ACLU report included the hope that its findings will be &ldquo;the final nail in the coffin for the inane War on Marijuana.&rdquo; But neither statistics nor science ever had much leverage with drug laws.&nbsp;</p>

<p>&ldquo;Cannabis is one of those things that has just been in the hands of the people for so long,&rdquo;&nbsp; explained Napoli, senior director of corporate social responsibility at Parallel, a cannabis company. The drug&rsquo;s communal pull, its long human history, and its brutally racist political past also make the plant uniquely fit to lift up oppressed and targeted communities, she said.</p>

<p>In recompense for decades of a drug war that has torn apart communities, a newly legalized industry could &mdash; if it isn&rsquo;t gobbled up by &ldquo;Big Bud&rdquo; operations, some of which are <a href="https://www.forbes.com/sites/kriskrane/2018/12/19/cannabis-attracts-big-tobacco-alcohol-and-pharma-which-big-industries-will-join-next/?sh=4d6e827d8daf">owned by tobacco, alcohol, and pharmaceutical giants</a> &mdash; build wealth in those same communities.&nbsp;</p>
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<p class="has-drop-cap">This fall, I visited one industry leader near Bryant Park in Manhattan: a sleek, Apple Store-styled medical marijuana dispensary run by MedMen. There were tables holding dozens of inlaid iPads touting their cannabinoid offerings, as well as a crew of pharmacists in the back and savvy associates up front to cater to specific woes. Though currently only attending to medical users (in California, Illinois, and Nevada, MedMen serves recreational customers as well), the store featured conspicuous peg holes in the walls aching for racks to flaunt a pharmacopeia of recreational weed-infused tinctures, chocolates, sprays, lotions, and Goldfish crackers. The whole store &mdash; really, the whole industry &mdash; seems built with the future in mind.&nbsp;But for some, it&rsquo;s the past that needs reckoning with.</p>

<p>&ldquo;We believe that if a state legalizes cannabis,&rdquo; MedMen&rsquo;s chief financial officer, Zeeshan Hyder, told me, &ldquo;the state legislature should include expungement for former cannabis records and provide retroactive ameliorative relief.&rdquo;&nbsp;</p>

<p>Khalil hopes for ameliorative relief, too. &ldquo;I need a piece of that &hellip; I want some brick and mortar,&rdquo; he said. Building toward a just society tomorrow must include taking on, and vitiating, past harms. Think of expungement &mdash;&nbsp;and marijuana reform more generally &mdash; <a href="https://www.washingtonpost.com/nation/2019/12/02/evanston-illinois-reparations-plan-african-americans-is-marijuana-tax/">as a step toward reparations</a>.</p>

<p>Still struggling to find a job, Khalil instead found a fellowship program. <a href="https://www.masscultivated.com/">Mass CultivatED</a> &mdash; a brainchild of state lawmaker Chynah Tyler and a partially state-funded NGO &mdash; claims to be the first in the nation &ldquo;jail-to-jobs&rdquo; cannabis program. CultivatED begins with a paid, month-long course on the science and business of cannabis, followed by a month-long internship divided into two weeks in a grow house and two weeks in a dispensary.</p>

<p>In one of the early classes on the cannabis industry, Khalil and classmates watched videos of sophisticated farming operations and tony dispensaries run by what looked like well-heeled, green-thumbed techies. &ldquo;These white dudes making millions of dollars. I&rsquo;m tired of seeing those guys in those videos,&rdquo; Khalil told me. &ldquo;I want to be one of the guys making those videos.&rdquo;&nbsp;</p>
<img src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/22140028/GettyImages_1046684558.jpg?quality=90&#038;strip=all&#038;crop=0,0,100,100" alt="" title="" data-has-syndication-rights="1" data-caption="At MedMen, which operates a chain of new, boutique-like shops peddling legal cannabis, customers use sleek technology to pick from the (many) offerings. “I need a piece of that,” Khalil says of the burgeoning legal industry. “I want some brick and mortar.” | Denise Truscello/Getty Images for MedMen" data-portal-copyright="Denise Truscello/Getty Images for MedMen" />
<p>Khalil and I spoke again a month into the fellowship, after his first day in the grow room. He had spent five hours clipping Red Vine Kush, a cannabis varietal. (&ldquo;That shit was like aromatherapy.&rdquo;) He was ready, he said, more amped than ever, to get into the industry: &ldquo;I&rsquo;ve seen pictures in the media, but it&rsquo;s a totally different sandwich to touch it, to smell it.&rdquo;&nbsp;</p>

<p>During a video tour of his apartment in early October, Khalil lit up a joint and took me outside. Leaving the apartment complex, he strolled by the small patch of grass where residents set up chairs in good weather, pointed out the halal chicken spot, a Dominican cafeteria, the single-family homes across the street. Besides the neighborly atmosphere, the bright sun, and the jaunty tour, the area is also known for overdoses, violence, and police harassment. The community is struggling, and Khalil is looking to get out, get ahead.</p>

<p>&ldquo;People making millions of dollars in weed, and I still can&rsquo;t get a job,&rdquo; he repeated. That should change soon. He&rsquo;s &ldquo;very hopeful,&rdquo; he said, that he&rsquo;ll become a &ldquo;beacon for people who&rsquo;ve been disenfranchised by the drug war.&rdquo;&nbsp;</p>

<p>At the end of the MassCultivatED program, fellows have a chance of being hired by one of the businesses. By the end of the year, in all likelihood, Khalil will be legally selling the same plant that sparked the criminalization and stigmatization that has hung over his life for the past 17 years, and, as his struggle to expunge drags on, hangs there still.&nbsp;</p>

<p><a href="https://twitter.com/jbwashing"><em><strong>John Washington</strong></em></a><em>&nbsp;is a writer covering immigration and border politics, and criminal justice. His first book,&nbsp;</em><a href="https://www.versobooks.com/books/3171-the-dispossessed"><strong>The Dispossessed: A Story of Asylum at the US-Mexico Border and Beyond<em>,</em></strong></a><em>&nbsp;was published in May 2020 by Verso Books.</em></p>
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				<name>John Washington</name>
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			<title type="html"><![CDATA[The Trump administration is using the pandemic as an excuse to target immigrants  and asylum seekers]]></title>
			<link rel="alternate" type="text/html" href="https://www.vox.com/the-highlight/2020/5/15/21260075/trump-immigrants-refugee-asylum-covid-pandemic-detention-centers" />
			<id>https://www.vox.com/the-highlight/2020/5/15/21260075/trump-immigrants-refugee-asylum-covid-pandemic-detention-centers</id>
			<updated>2020-05-15T15:49:13-04:00</updated>
			<published>2020-05-15T15:50:00-04:00</published>
			<category scheme="https://www.vox.com" term="Covid-19" /><category scheme="https://www.vox.com" term="Health" /><category scheme="https://www.vox.com" term="Immigration" /><category scheme="https://www.vox.com" term="Policy" /><category scheme="https://www.vox.com" term="Politics" /><category scheme="https://www.vox.com" term="The Highlight" />
							<summary type="html"><![CDATA[A basic tenet of immunology is that we are all safer if we are all safe. That should be a basic tenet for politics as well. And yet, our empathy too often runs up against border walls and dies out. Migrants are decidedly not to blame for the pandemic. To blame are international travel, the [&#8230;]]]></summary>
			
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<img alt="" data-caption="A pedestrian walks across the bridge leading to the San Ysidro Port of Entry in San Diego, California, on March 21. | Sean M. Haffey/Getty Images" data-portal-copyright="Sean M. Haffey/Getty Images" data-has-syndication-rights="1" src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/19980530/GettyImages_1213937298.jpg?quality=90&#038;strip=all&#038;crop=0,0,100,100" />
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	A pedestrian walks across the bridge leading to the San Ysidro Port of Entry in San Diego, California, on March 21. | Sean M. Haffey/Getty Images	</figcaption>
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<p>A basic tenet of immunology is that we are all safer if we are all safe. That should be a basic tenet for politics as well. And yet, our empathy too often runs up against border walls and dies out.</p>

<p>Migrants are decidedly not to blame for the pandemic. To blame are international travel, the interconnectedness of global capital, grossly ill-equipped national health systems, and leisure tourism. As the United States continues its immigration detention and deportation programs, we can now add anti-immigration policies to that list.&nbsp;</p>

<p>Foisting culpability for disease and contagion on migrants and asylum seekers remains a common clich&eacute;, one that has a long and vile history. Covid-19 has been a boon to the anti-immigrant agenda that President Trump &mdash; along with other nativist leaders &mdash; has been aching to implement since he took office: wielding extraordinary executive powers to temporarily shutter the refugee resettlement program, <a href="https://www.nytimes.com/2020/03/20/us/politics/trump-border-coronavirus.html">lock down</a> the US-Mexico border, <a href="https://www.vox.com/2020/4/27/21232808/asylum-seekers-mexico-coronavirus-trump">suspend asylum processing</a>, and <a href="https://theintercept.com/2020/04/16/coronavirus-mexico-border-children-asylum/">push children fleeing</a> danger back into Mexico. Invoking what he has allegedly called his &ldquo;<a href="https://www.nytimes.com/2020/05/03/us/coronavirus-immigration-stephen-miller-public-health.html?referringSource=articleShare">magical authority</a>,&rdquo; Trump&rsquo;s latest move, after threatening to stop all immigration, was a 60-day suspension of visa issuances, with <a href="https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/">some broad exceptions</a> for health care workers, investors, plus spouses or young children of citizens or green card holders.&nbsp;</p>

<p>It&rsquo;s not hard to imagine the administration making excuses, even after we begin to recover, for extending or even expanding the lockdowns and turning a temporary state of exception into a lasting status quo. The administration is already moving to extend the suspension indefinitely. Such authority is &ldquo;magical&rdquo;&mdash; or effectual at solving our current health or economic crises &mdash; as much as smoke and mirrors are able to delude and distract.</p>

<p>But while the government is willing to suspend immigration laws meant to protect or welcome people arriving to the country, it is not willing to suspend ones that keep people dangerously locked up in detention centers, where, <a href="https://www.theguardian.com/us-news/2020/may/12/first-ice-detainee-dies-coronavirus-immigration-carlos-ernesto-escobar-mejia">as the coronavirus begins to creep in</a>, it is almost certain to devastate. These detention centers are bad enough without the virus; in recent years,&nbsp;detainees have suffered outbreaks of measles and received <a href="https://www.freedomforimmigrants.org/medical-neglect">dangerously substandard</a> medical care, while the centers&nbsp;have been the sites of mass suicide attempts, ongoing waves of hunger strikes, rampant sexual assault from guards, and a host of other abuses including generally unhealthy, inhumane, and sometimes torturous conditions.&nbsp;&nbsp;</p>

<p>Nor has the government suspended its <a href="https://www.washingtonpost.com/immigration/trump-border-wall-black-paint/2020/05/06/dbda8ae4-8eff-11ea-8df0-ee33c3f5b0d6_story.html">expensive wall-building</a> or, most dangerous of all, deportation policies. Deporting people from the United States, the global epicenter of the coronavirus crisis, is another gust of wind to a raging wildfire. Hundreds of people deported to <a href="https://elfaro.net/en/202004/internacionales/24303/US-Deportation-Policies-Are-Spreading-COVID-19.htm">Guatemala</a> and <a href="https://www.newyorker.com/news/daily-comment/the-trump-administrations-deportation-policy-is-spreading-the-coronavirus">Haiti</a> have tested positive for the virus. In Guatemala, some of the returned migrants are even <a href="https://apnews.com/5e26d808e181defbe3de80f58056c162?utm_source=Today+in+Latin+America&amp;utm_campaign=0c184bec6f-EMAIL_CAMPAIGN_2020_05_05_01_43&amp;utm_medium=email&amp;utm_term=0_73d76ad46b-0c184bec6f-103885451">facing discrimination</a>, accused of bringing the virus with them.</p>
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<p>Baseless reproach, nativist scapegoating, and racist restrictions are nothing new when it comes to the intersection of immigration and disease. Amid a series of cholera outbreaks in the 19th century, Americans pointed the finger at <a href="https://www.springfieldnewssun.com/news/local/americans-once-believed-the-irish-caused-cholera/HPHiGaOtMcsElfurR0AE1H/">Irish immigrants</a>, <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2394684/">even referring to the virus</a> as the &ldquo;<a href="https://www.migrationpolicy.org/news/coronavirus-not-a-migration-problem">Irish disease</a>.&rdquo; In the 1880s, Chinese immigrants were accused of <a href="https://www.ucpress.edu/book/9780520226296/contagious-divides">bringing smallpox and the plague</a>, among other diseases, to California &mdash; an accusation that bolstered the movement behind the 1882 Chinese Exclusion Act, one of the early and trend-setting pieces of racist and anti-immigrant legislation.</p>

<p>A decade later, the US suspended immigration for two weeks after &ldquo;German authorities had blamed Russian Jews en route to America for a severe cholera outbreak in Hamburg,&rdquo; as Tara Zahra writes in <em>The Great Departure</em>. It was the same year that Ellis Island was opened, not as a munificent welcome ramp to the United States &mdash; as it is sometimes memorialized &mdash; but as a bustling medical inspection center that eventually turned into a squalid detention center.&nbsp;</p>

<p>The misconception that migrants brought communicable diseases to the United States came up again in the 1930s in the Southwest, where Border Patrol agents subjected Mexican migrants who crossed the border to &ldquo;gasoline baths,&rdquo; spraying them with DDT and other noxious chemicals, including Zyklon B, the same poison the Nazis later used as their preferred killing agent during the Holocaust. As David Dorado Romo writes in <em>Ringside Seat to a Revolution, </em>&ldquo;The fumigation was carried out in an area of the building that American officials called, ominously enough, &lsquo;the gas chambers.&rsquo;&rdquo;&nbsp;</p>

<p>As recently as 1979, journalist Daniel<strong> </strong>Denvir points out in his recent book <em>All-American Nativism</em>, the Los Angeles Times wrote that &ldquo;hundreds of thousands of Third World immigrants entering California and the rest of the United States are bringing with them a panoply of communicable diseases that could, according to health experts, move the country back toward nineteenth-century standards of public health.&rdquo; Despite the lack of evidence, anti-immigrant diehards continue to latch onto that fear; arch-conservative talk radio host Michael Savage, for example, wrote a 2016 book called <em>Diseases Without Borders</em>, foisting blame on Obama&rsquo;s &ldquo;open borders policy&rdquo; for America being &ldquo;invaded by deadly viruses.&rdquo;</p>

<p>The Trump administration is using these same false flags and racist fears to deport and expel more migrants, more quickly. The New York Times reported recently that White House senior adviser and anti-immigration zealot Stephen Miller has repeatedly tried to use health concerns as an excuse to lock down the border and bar immigrants. According to an unnamed official, invoking public health &ldquo;had been on a &lsquo;wish list&rsquo; of about 50 ideas to curtail immigration&rdquo; that Miller had written years before Covid-19. He has been digging for any evidence of a connection between immigration and disease, eagerly primed for a crisis to hit to unleash the new policies. The fact that immigration has nothing to do with the pandemic hasn&rsquo;t stymied him.</p>
<hr class="wp-block-separator" />
<p>Antiquated, unscientific, and anti-immigrant invective has been repurposed not only against Mexicans and Central Americans, but especially against Muslims as Europe&rsquo;s influx of refugees has grown. <a href="https://www.vice.com/en_us/article/884bvv/coronavirus-is-giving-europes-far-right-the-perfect-excuse-to-scapegoat-refugees">Hungary&rsquo;s populist leader Viktor Orb&aacute;n</a>, a nativist homophobe who is one of Europe&rsquo;s most outspoken anti-immigrant soapboxers, has led the charge on conflating the pandemic with illegal immigration: &ldquo;We are fighting a two-front war, one front is called migration, and the other one belongs to the coronavirus, there is a logical connection between the two, as both spread with movement.&rdquo;</p>

<p>Likewise, former Polish prime minister Jaroslaw Kaczynski began claiming, in 2015, that the Muslim migrants arriving to Europe were carrying diseases (a sentiment echoed by Trump when he declared that migrants bring &ldquo;<a href="https://twitter.com/realDonaldTrump/status/1072464107784323072">large scale crime and disease</a>&rdquo; into the country). Both Polish xenophobes and Donald Trump, however, are wrong. Migrants have been shown to be generally healthier than native populations, at least before they are marginalized and blocked from accessing standard medical care. As Sonia Shah, author of <em>Pandemic</em> and the forthcoming <em>The Next Great Migration</em>, told me, &ldquo;The reflexive solution to contagion &mdash; border closures, isolation, immobility &mdash; is in fact antithetical to biological resilience on a changing planet.&rdquo;</p>

<p>Anti-immigration policy is actually the more pressing health danger &mdash; from regulations scaring away immigrants from accessing health care to disease-incubating detention centers. I reported from the migrant camps hastily raised in Tijuana in the fall of 2018: They were overcrowded and unsanitary &mdash; migrants had no bathrooms, no access to water, were hounded by Mexican officials, and were turned away or sprayed with tear gas by US border guards. Currently, there are around <a href="https://foreignpolicy.com/2020/03/30/a-desperate-scramble-to-prevent-the-pandemic-at-a-u-s-mexico-border-camp/?utm_source=Today+in+Latin+America&amp;utm_campaign=5b2d145dac-EMAIL_CAMPAIGN_2020_03_31_03_02&amp;utm_medium=email&amp;utm_term=0_73d76ad46b-5b2d145dac-103885451">2,500 people forced into a makeshift refugee camp</a> in Matamoros, just across the river from Brownsville, Texas. The Mexican border city &ldquo;has only 10 ventilators and 40 hospital beds for intensive care,&rdquo; Foreign Policy reports.&nbsp;</p>

<p>As poet Carolyn Forch&eacute; <a href="https://www.thenation.com/article/culture/carolyn-forche-interview-lateness-world-book-poetry/">recently told me</a>, &ldquo;The contagion of lack of empathy is going to be more harmful to us in the long run than anything else, because it will have no bounds.&rdquo; Even as we remain on lockdown or in quarantine, we cannot let the Trump administration take advantage of a crisis, levy scurrilous and racist claims against some of the world&rsquo;s most marginalized populations, and deport and deny migrants and refugees. Doing so will not inoculate us from the virus, but, in fact, infect us with something even worse.</p>

<p><a href="https://twitter.com/jbwashing"><em><strong>John Washington</strong></em></a><em>&nbsp;is a translator and writer covering immigration and border politics, as well as criminal justice and literature. His first book,&nbsp;</em><a href="https://www.versobooks.com/books/3171-the-dispossessed"><strong>The Dispossessed: A Story of Asylum at the US-Mexico Border and Beyond<em>,</em></strong></a><em>&nbsp;is out in May 2020 from Verso Books.</em></p>
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				<name>John Washington</name>
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			<title type="html"><![CDATA[He fled his homeland for safety in the US. After his death, who was to blame?]]></title>
			<link rel="alternate" type="text/html" href="https://www.vox.com/the-highlight/2019/12/20/21024684/ronal-trump-ice-asylum-refugee-central-american-honduras-immigration" />
			<id>https://www.vox.com/the-highlight/2019/12/20/21024684/ronal-trump-ice-asylum-refugee-central-american-honduras-immigration</id>
			<updated>2020-01-21T20:53:56-05:00</updated>
			<published>2019-12-27T09:30:00-05:00</published>
			<category scheme="https://www.vox.com" term="Features" /><category scheme="https://www.vox.com" term="Immigration" /><category scheme="https://www.vox.com" term="Policy" /><category scheme="https://www.vox.com" term="Politics" /><category scheme="https://www.vox.com" term="The Highlight" /><category scheme="https://www.vox.com" term="World Politics" />
							<summary type="html"><![CDATA[CATACAMAS, Honduras &#8212; In March 2012, after Ronal Rojas-Castro&#8217;s soccer team finished a game in a local tournament (which they lost), he and some teammates went to a pool hall for drinks. They were a few beers in when Ronal decided to go home. As he and a neighbor named El Chino made their way [&#8230;]]]></summary>
			
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<img alt="" data-caption="Security forces carry out an operation in Tegucigalpa, Honduras in 2019. The nation has said it will combat gang activity in cities and rural areas across the country. In the meantime, hundreds of thousands have crossed the border or formally sought protective status in the US. | STR/AFP via Getty Images" data-portal-copyright="STR/AFP via Getty Images" data-has-syndication-rights="1" src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/19537578/GettyImages_1084677148.jpg?quality=90&#038;strip=all&#038;crop=0,0,100,100" />
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	Security forces carry out an operation in Tegucigalpa, Honduras in 2019. The nation has said it will combat gang activity in cities and rural areas across the country. In the meantime, hundreds of thousands have crossed the border or formally sought protective status in the US. | STR/AFP via Getty Images	</figcaption>
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<img src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/15986155/Vox_The_Highlight_Logo_wide.jpg?quality=90&#038;strip=all&#038;crop=0,0,100,100" alt="The Highlight by Vox logo" title="The Highlight by Vox logo" data-has-syndication-rights="1" data-caption="" data-portal-copyright="" />
<p>CATACAMAS, Honduras &mdash; In March 2012, after Ronal Rojas-Castro&rsquo;s soccer team finished a game in a local tournament (which they lost), he and some teammates went to a pool hall for drinks. They were a few beers in when Ronal decided to go home. As he and a neighbor named El Chino made their way out, a local drug dealer known as Curamuerto (translated loosely to &ldquo;the death priest&rdquo;) showed up. He went up to El Chino and said, &ldquo;Hey, little brother,&rdquo; pulled out a gun, and shot him in the head. After El Chino fell to the ground, Curamuerto shot him nine more times.&nbsp;</p>

<p>According to a declaration Ronal made later to his attorney, Matthew Lamberti, which I was able to review, Curamuerto began laughing, looked up at Ronal, and said, &ldquo;That&rsquo;s how you kill a man.&rdquo;&nbsp;</p>

<p>From where he stood, Ronal watched Curamuerto heft El Chino&rsquo;s body into the back of his truck. (That moment &mdash; not the murder itself, but Curamuerto&rsquo;s loading of El Chino&rsquo;s body &mdash; would become a significant factor in Ronal&rsquo;s own fate years later.) Then Curamuerto walked over to Ronal and warned him not to say anything. &ldquo;You&rsquo;re either with me or against me,&rdquo; he said. Neither sounded good to Ronal.&nbsp;&nbsp;</p>

<p>He didn&rsquo;t go home that night. He was too scared. He slept at his girlfriend&rsquo;s house on the outskirts of town, where his daughter, Genesys, also lived. A few days later, at El Chino&rsquo;s wake, another narco leader, Adela, who was close to El Chino, confronted Ronal, telling him she knew he had seen Chino&rsquo;s murder and that he knew who had done it. Ronal insisted he didn&rsquo;t know anything.</p>

<p>Nobody tells on Curamuerto, Ronal explained to his mom, Sobeyda. Curamuerto&rsquo;s gang is so powerful, Sobe told me, that his bosses can walk into the local prisons and walk right back out. If you&rsquo;re with them, prison is just a place to take a few days off. Not even the president, Ronal had said, can do anything to stop them &mdash; let alone the police.</p>

<p>Ver, O&iacute;r, Callar.&nbsp;</p>

<p>See, Hear, and Shut Up. The survivalist&rsquo;s motto in Central America.</p>

<p>Or, as a Salvadoran migrant put it to me once: Don&rsquo;t say a fucking word.&nbsp;</p>

<p>I didn&rsquo;t see anything, Ronal told Adela. She didn&rsquo;t believe him.</p>
<hr class="wp-block-separator" />
<p class="has-drop-cap">On maps, Catacamas, this small city in the Olancho department of Honduras, is the end of the road. There&rsquo;s nothing beyond but varying shades of green &mdash; the Reserva Biologica Tawahka, the Reserva Biologica R&iacute;o Pl&aacute;tano &mdash; all the way to the flat pastel blue of the Caribbean.</p>
<img src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/19542841/catacamas_map3.jpg?quality=90&#038;strip=all&#038;crop=0,0,100,100" alt="A map of Catacamas, in central Honduras." title="A map of Catacamas, in central Honduras." data-has-syndication-rights="1" data-caption="" data-portal-copyright="Christina Animashaun/Vox" />
<p>The then-director of the Lutheran World Federation in Juticalpa, however, assured me &mdash; as we were rumbling in his truck toward Catacamas &mdash; that at least one narrow road does continue past the small city, to Dulce Nombre de Culmi, and from there, the road narrows still as it cuts through the nature preserves, and then bends east, all the way to Nicaragua.</p>

<p>The going is slow though, the pavement cracked and shadowed, sometimes covered by swollen rivers as it winds through the abundant and bursting green of the Central American jungle to isolated shack-clusters of villages or narco runways where planes carrying shipments of cocaine touch down and take back off in a quick, insect-like buzz. The director, who asked that his name not be used for safety reasons, called the region Central America&rsquo;s Little Amazon.</p>

<p>On a sultry afternoon in 2018, he dropped me off at a narrow, two-story house just off Catacamas&rsquo;s main drag, where I met Sobeyda, a bright-eyed, sad woman who wore a maroon-and-white polka-dot blouse, tight jean shorts, and blue flip-flops with shiny bows at the toes. Sobe talked to me for hours that day about Ronal&rsquo;s death.&nbsp;</p>

<p>He had been killed 30 days before I met her. He was 27 years old. Most of that afternoon, Sobe and I spent sitting on low, wooden chairs in the long storage room off the kitchen, where it was supposedly a bit cooler, and where mosquitoes zeroed in on our shanks, thighs, arms, necks.</p>

<p>Every 15 minutes or so, Sobe would reach forward to readjust the swivel fan that, briefly during each of its palsied head-turns, blasted me with relief and blew away the mosquitoes. Behind Sobe, Ronal&rsquo;s white dirt bike &mdash; which he had been sitting on when he was shot &mdash;leaned against its kickstand. A friend of the family had driven it back to the house and parked it inside the door, where it has been idle ever since.</p>

<p>After his run-in with the Catacamas gangs, Ronal had sought asylum protection from the US. He didn&rsquo;t find it. After he was killed, Sobe and Ronal&rsquo;s stepfather wanted to give his memory, and his things, a break. That&rsquo;s why they left the dirt bike by the door, his hats hanging on the rack, his keys and wallet in the dish.&nbsp;&nbsp;</p>
<img src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/19537335/Framed_photo_of_Ronal__with_rosary.jpg?quality=90&#038;strip=all&#038;crop=0,0,100,100" alt="" title="" data-has-syndication-rights="1" data-caption="A photo of Ronal Rojas-Castro is framed and draped with a cross at his home in Catacamas, Honduras. He was 27 when he died. | John Washington" data-portal-copyright="John Washington" />
<p>Ronal had to disguise himself to escape this house back in 2012, a few weeks after witnessing Curamuerto kill El Chino. He fled north and spent nearly a year in the US immigration detention centers fighting for asylum. He lost his case, was deported, and then, five years later, and just a month before I met his mother, he was killed. His murder &mdash; committed, Sobe concluded, for having witnessed the killing of his friend &mdash; is another notch in the ongoing tally of asylum seekers refused protection in the US who are then deported back to their deaths.</p>

<p>In 2017, the New Yorker<em> </em>counted <a href="https://www.newyorker.com/magazine/2018/01/15/when-deportation-is-a-death-sentence">60 such cases</a>. In 2018, the World Politics Review counted, in just the last five years, in El Salvador alone, <a href="https://www.worldpoliticsreview.com/articles/26302/kicked-out-of-the-u-s-salvadoran-deportees-are-struggling-simply-to-stay-alive">at least 70 such cases</a>. But, as no official body keeps track of what happens to people after they are deported, neither of these counts is reliably accurate. More than one immigration attorney I spoke with as I was researching a book on asylum told me they were scared to look into it, scared to ask what happens to their clients after they lose their cases. Nobody, as far as I know, has included Ronal&rsquo;s name in any count.&nbsp;</p>

<p>It&rsquo;s possible the murder was unrelated to the earlier threats. It&rsquo;s possible it was a random killing, or a mistake. Curamuerto had threatened Ronal five years earlier. When I pressed Sobe about the motivation, she couldn&rsquo;t explain it. Why would anyone kill her son? It was a horrifying question to ask, even after his death. But Sobe couldn&rsquo;t think of another explanation besides that it was related, that the gang hadn&rsquo;t forgotten. One thing she is sure of, though, is that if the United States had granted him asylum, he would still be alive.</p>
<hr class="wp-block-separator" />
<p class="has-drop-cap">For more than half a century, the United States has been selectively accepting some asylum seekers and refugees, and sending others back to their peril. Since the modern asylum system was written into law, in 1980, and for decades before through the granting of parole to refugees, the United States has offered relief mostly<strong> </strong>to people fleeing political enemies.</p>

<p>At first, asylum and refugee protections were reserved for those escaping Communist nations, and then for those on the run from Communist countries in Latin America. The pattern continues: If you&rsquo;re hounded by certain political foes, you&rsquo;re much more likely to be granted asylum in the US. As of 2018, the grant rate for Venezuelans seeking asylum was about <a href="https://www.latimes.com/politics/la-na-pol-trump-venezuela-asylum-immigration-20190605-story.html">50 percent</a>. The rate for those fleeing China was even higher, at <a href="https://trac.syr.edu/immigration/reports/448/">nearly 80 percent</a>. Asylum seekers from the three countries in the northern triangle of Central America &mdash; El Salvador, Guatemala, and Honduras &mdash; meanwhile, are only granted relief about <a href="https://www.humanrightsfirst.org/sites/default/files/Asylum_Grant_Rates.pdf">15 percent of the time</a>.&nbsp;&nbsp;</p>

<p>Those numbers are not based on the actual needs or dangers faced by the asylum seeker, but by political calculation. That&rsquo;s always been the case with asylum policies. The Roosevelt administration blocked thousands of Jews from escaping persecution thanks to arcane and racist determinations of who should be American. In one notorious example, more than 900 passengers on board the <em>St. Louis</em> were turned away in 1939 &mdash; 254 of them were later <a href="https://encyclopedia.ushmm.org/content/en/article/voyage-of-the-st-louis">killed under the Nazi regime</a> &mdash; because of a 1924 immigration law that limited the number of Germans allowed into the country. Just a year earlier, thousands of Austrians seeking to travel to the United States were turned away from the US Embassy in Austria shortly after <em>Kristallnacht.&nbsp;</em></p>

<p>In the 1980s and 90s, Central American migrants faced a similar fate. As the asylum grant rate hovered around <a href="https://www.jstor.org/stable/23011883?seq=1">2 percent</a>, the consequences of being denied were deadly. In 1984, the American Civil Liberties Union submitted to the US House Subcommittee on Rules a list of 112 deportees who were either killed or suffered human rights abuses after their deportations.</p>

<p>While the Obama administration maintained the refugee and asylum policy status quo, they also amped up the arming of Mexico &mdash; funding the beefing up of&nbsp;its federal police and immigration agency, both of which had a track record of violence and corruption &mdash; sought to deter fleeing minors, and, in keeping with decades of practice, selectively <a href="https://www.amnestyusa.org/reaping-the-harvest-of-fear-the-obama-administration-deports-asylum-seekers/">denied hundreds of thousands of asylum claims</a>. The Obama administration&rsquo;s backing of a coup and a corrupt regime in Honduras, and its&nbsp;aid to police and military institutions rife with violence and impunity, all while only cracking the door open for refugees and asylum seekers, left many vulnerable.&nbsp;&nbsp;</p>

<p><a href="https://www.vox.com/2019/11/5/20947938/asylum-system-trump-demise-mexico-el-salvador-honduras-guatemala-immigration-court-border-ice-cbp">Under the Trump administration</a>, the situation has gotten significantly worse. Not only has the administration instituted <a href="https://www.vox.com/2018/6/11/17443198/children-immigrant-families-separated-parents">a family separation policy</a>, it has refused asylum seekers the ability to stake claims at ports of entry (through &ldquo;metering&rdquo; policies, which strictly limit the number of asylum seekers allowed to present and stake a claim at ports of entry on any given day) and pushed asylum seekers into de facto refugee camps just across the border in Mexico to wait while their case winds its way through the labyrinth of US immigration courts.</p>

<p>Officials have also taken numerous steps to limit who the relief can be extended to. For example, under a decision <a href="https://www.justice.gov/eoir/page/file/1070866/download">rewritten by former Attorney General Jeff Sessions</a>, women fleeing domestic violence &mdash; even when the local police cannot or refuses to protect them &mdash; are generally not eligible for asylum. Likewise, current Attorney General William Barr has made it much more difficult for those fleeing gang violence to be eligible.</p>

<p>At the same time, the Trump administration has begun foisting asylum responsibilities on El Salvador, Guatemala, and Honduras, and has dramatically dropped the refugee admission ceiling, to 18,000 in late September, the lowest since refugee laws were enacted in 1980. In the last year of the Obama administration, the ceiling was set at <a href="https://www.voanews.com/usa/immigration/trump-sets-refugee-cap-18000">85,000</a>.</p>

<p>Given the trends, we can expect to hear more stories like Ronal&rsquo;s &mdash; people whose lives are extinguished due to contemporary forms of tyranny or hate, the crush of the markets or the heating of the globe, people forced to flee and then denied refuge and, eventually, denied life itself. The Center for Constitutional Rights, in response to just one of Trump&rsquo;s new policies, put it simply, &ldquo;<a href="https://www.washingtonpost.com/world/the_americas/mexico-rebukes--but-accepts--unilateral-us-move-to-return-asylum-seekers-pending-hearing/2019/01/25/52062470-202b-11e9-a759-2b8541bbbe20_story.html">People will die</a>.&rdquo;	&nbsp;</p>
<hr class="wp-block-separator" />
<p class="has-drop-cap">In some places in Central America, such as Catacamas, you can&rsquo;t help seeing, can&rsquo;t help hearing, and it doesn&rsquo;t matter if you shut up or shout from the rooftops. In some places you can&rsquo;t help bearing witness to crimes, assaults, extortions, or murders. And, instead of reporting them to the police, a rival gang, or even merely whispering what happened to your friend, to your spouse, to your mother, you keep quiet, you don&rsquo;t say a fucking word, and still you are hounded.&nbsp;</p>

<p>Adela knew Ronal had witnessed the murder. And one of the few things worse than ratting on a gang member is getting thrust between rival gangs. Somehow, Adela got Ronal&rsquo;s number.</p>

<p>She called him and said she would kill eight of his friends in eight days if he didn&rsquo;t tell her what he&rsquo;d seen. If that didn&rsquo;t work, she would cut off his fingers, one by one.</p>

<p>A few days later, an SUV parked in front of the family&rsquo;s house. Two men sat inside, watching. A friend called and warned Ronal that Adela&rsquo;s boss had ordered a hit on him. And then, after murmurings that he&rsquo;d talked to Adela started making the rounds, Ronal received a call from Curamuerto. He told Ronal that he knew that he&rsquo;d talked.&nbsp;</p>
<img src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/19537352/IMG_20180724_WA0002.jpg?quality=90&#038;strip=all&#038;crop=0,0,100,100" alt="" title="" data-has-syndication-rights="1" data-caption="After witnessing a killing, Ronal Rojas-Castro was caught between two gangs, both of which threatened his life. After his asylum request was rejected by a US judge, he was deported back to Honduras. | Courtesy of the family" data-portal-copyright="Courtesy of the family" />
<p>Ronal insisted that he hadn&rsquo;t said anything. After some pleading, Curamuerto offered him a deal. If Ronal told him when El Chino&rsquo;s sister left her house (she lived two doors down from Ronal) he would let him live. Ronal could deliver El Chino&rsquo;s sister over to a killer, rat on that killer to a rival gang, or he could run.&nbsp;</p>

<p>The family prepared for Ronal to leave the country. He didn&rsquo;t step foot outside. At one point, a rumor started going around that Curamuerto had dug up El Chino&rsquo;s body. The rumor, Sobe told me, was true.&nbsp;</p>

<p>Sometimes she could hear gunshots, Sobe said. <em>&iexcl;Tun! &iexcl;Tun! &iexcl;Tun!</em> And then she&rsquo;d see someone sprinting down the street. They were so scared, she said, that they couldn&rsquo;t leave their house. The neighborhood was out of control. Competing narco groups were fighting for it.&nbsp;</p>

<p>Witnessing El Chino&rsquo;s murder had ruined his life, Ronal later told Lamberti. He didn&rsquo;t know it at the time, but it would do more than ruin his life. It would end it.</p>
<hr class="wp-block-separator" />
<p class="has-drop-cap">To understand why Ronal had to flee his country, you have to understand not only the cold-blooded terror of Curamuerto and Adela, or get to the bottom of whatever El Chino did to provoke Curamuerto&rsquo;s wrath, but understand Honduras itself, and the ongoing US role in destabilizing the country.</p>

<p>The drugs that today are sniffed, popped, or injected in the United States spark a violent jockeying for drug trafficking routes that cartels use to rake in billions in profit. But it&rsquo;s not just the ruthless trafficking organizations that have pushed the country to the edge of becoming a failed state.</p>

<p>After an extremely dubious election win in 2018, the widely reviled president, Juan Orlando Hern&aacute;ndez, is directly implicated in profiting from drug trafficking &mdash; allegedly even taking a million dollars from incarcerated Mexican kingpin El Chapo Guzm&aacute;n &mdash; and yet remains supported by the US, even while he openly and violently cracks down on his citizenry.</p>

<p>Kevin McAleenan, a former Trump administration acting Department of Homeland Security secretary, recently called Honduras, in a tweet, &ldquo;a great partner.&rdquo; Current acting Secretary Chad Wolf, less than two weeks into office, hailed a &ldquo;productive meeting&rdquo; with Honduran officials <a href="https://twitter.com/DHS_Wolf/status/1195076959769964559">on Twitter</a>. He called Honduras a &ldquo;trusted and helpful partner as we work together to build asylum capacity.&rdquo; As soon as January, the US could start sending asylum seekers to Honduras to be processed there, even if they are not from Honduras.&nbsp;</p>

<p>There&rsquo;s also the corrupt and ineffectual police and criminal justice system, with a homicide conviction rate below 4 percent. In 2012, the vice president of the Honduran Congress at the time, Marvin Ponce, admitted that &ldquo;up to 40 percent of the country&rsquo;s police force was tied to organized crime.&rdquo; According to researcher Amelia Frank Vitale, a former police commissioner acknowledged, &ldquo;It&rsquo;s scarier to meet up with five police officers on the streets than five gang members.&rdquo;&nbsp;</p>

<p>So it&rsquo;s not just Curamuerto and Adela, but a near-total lack of protection or functioning governance, which itself stems from more than a century of gross exploitation on behalf of banana and palm oil barons. The US-backed export economy has left the vulnerable or victimized in the country unprotected (and sometimes targeted) by the state. It&rsquo;s not a new phenomenon in Honduras, which is the original &ldquo;banana republic&rdquo; &mdash; a term coined at the turn of the 20th century by American short story writer O. Henry after he visited the country.</p>

<p>For more than a century, Honduras was largely run by foreign businessmen, and when impoverished workers began organizing in earnest, in the 1960s, the CIA supported groups that violently suppressed their unionization efforts. The US government subsequently used the country as a base &mdash; sometimes referring to the nation as USS Honduras &mdash; to stage murderous Cold War statecrafting in neighboring countries of Nicaragua and El Salvador in the 1980s and &rsquo;90s.&nbsp;</p>

<p>In recent decades, palm oil plantations and sweatshop textile factories have begun to replace the banana monocrop, but the pattern of an impoverishing export economy has continued. In the past 10 years, Honduras has suffered waves of violence and social breakdown, sending tens of thousands fleeing northward to Guatemala, Mexico, and, above all, to the United States.</p>

<p>In 2009, fewer than 450 Hondurans sought asylum in the US. By 2018, that number was <a href="https://www.unhcr.org/statistics/unhcrstats/5d08d7ee7/unhcr-global-trends-2018.html">24,400</a>, with thousands more entering the system or slipping across the border and hoping for some semblance of security in the shadows of US cities. Just in 2019, nearly <a href="https://www.cbp.gov/newsroom/stats/sw-border-migration/usbp-sw-border-apprehensions">200,000 family groups from Honduras</a> were apprehended or turned themselves in to Border Patrol; many are <a href="https://www.washingtonpost.com/immigration/us-announces-asylum-deal-with-honduras-could-send-migrants-to-one-of-worlds-most-violent-nations/2019/09/25/cca94a86-dfb6-11e9-8fd3-d943b4ed57e0_story.html">seeking or plan to seek some form of protective status</a>, such as asylum.</p>

<p>Going to the cops to report a crime or ask for protection, in Honduras and elsewhere in Central America, would be, in anthropologist and writer Juan Mart&iacute;nez&rsquo;s words, &ldquo;unthinkable.&rdquo; A 2019 <a href="https://globalinitiative.net/wp-content/uploads/2019/05/Central-American-Extortion-Report-English-03May1400-WEB.pdf">InSight Crime report</a> called Honduran police &ldquo;one of the most criminally corroded and least trusted police forces in the region.&rdquo; And so, no hope left for him in his country, Ronal fled. He headed to the US.</p>
<hr class="wp-block-separator" />
<p class="has-drop-cap">Sobe described the moment of Ronal&rsquo;s escape, when, after weeks of hiding, the family snuck him out of the house. They covered him in a blanket, Sobe said, and had him hunched over, so if anybody saw they would think it was her, that she was sick. And then Javier, his stepfather, snuck out a bit later. And then she left after him, Sobe recalled, going in the opposite direction. They&nbsp;needed to borrow three cars to get him out. It was so painful for her to see him wearing his backpack, Sobe told me, tearing up. She didn&rsquo;t know when, or if, she would see him again.&nbsp;</p>

<p>The family went $5,000 into debt, paying a coyote to take Ronal safely north. The trip wasn&rsquo;t easy, but he wasn&rsquo;t robbed or beaten along the way &mdash; a fate many migrants suffer. Once he crossed the border near McAllen, Texas &mdash; the coyote took his cellphone and led him and other migrants to a safehouse, where more than&nbsp;a hundred people were locked up and guarded over by dogs and men with rifles. They were being held for ransom money. They had made it into the United States, only to be kidnapped.</p>

<p>For the next five days, Ronal and the other migrants barely ate. Sobe showed me letters Ronal would later send her &mdash; from detention &mdash; describing his days. He was clever, she told me. He figured out a way to sneak half-rotting grapefruits, which had fallen from a nearby tree, over the fence. He shared them with a few friends he had made. Some of the women he was traveling with, he explained to his mom in another letter, were taken into another room, where they were raped.&nbsp;</p>
<img src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/19542611/20180724_160729.jpg?quality=90&#038;strip=all&#038;crop=0,0,100,100" alt="" title="" data-has-syndication-rights="1" data-caption="Sobeyda Castro is Ronal’s mother. She can’t say for certain who killed her son. But she blamed Honduran police, and the US for its unwillingness to provide her son safety. | John Washington" data-portal-copyright="John Washington" />
<p>On the sixth day, police and Border Patrol raided the house, and, in the confusion, Ronal and some of the other migrants took off running. Desperate, terrified, he climbed a fence. When he jumped to the other side, he landed hard and badly injured his right ankle. He tried to get back up and run, but couldn&rsquo;t. When the Border Patrol found him, he was trying to crawl to safety.</p>

<p>In the aftermath &mdash; as dozens of agents, helicopters, and trucks rounded up migrants and coyotes &mdash; a fellow migrant saw Ronal getting carted away in an ambulance, and thought he was dead.&nbsp;</p>

<p>Sobe received a call that day from a family friend who informed her that their son had been killed. She told me, though, that she didn&rsquo;t believe it. Something in her heart told her son he was still alive. The next time she would hear those words &mdash; that her son was dead &mdash; she had a different feeling.&nbsp;&nbsp;</p>

<p>Though there were more than a hundred people kidnapped in the McAllen house, Ronal was one of the few to cooperate with law enforcement. According to Lamberti, Ronal&rsquo;s lawyer, Ronal clearly should have received a U visa, a type of visa created by Congress in 2000 for victims of crimes &mdash; including abduction, incest, indentured labor, torture, trafficking, and abusive sexual conduct &mdash; who assist US law enforcement as witnesses.</p>

<p>Ronal had been kidnapped. He had been starved, held against his will for ransom, abused, and injured when he tried to escape. He then helped US agents investigate federal crimes. He &ldquo;provided invaluable help to the US authorities prosecuting the two Mexican citizen suspects,&rdquo; Lamberti told me. &ldquo;In fact, certain US government officials indicated that help in the form of immigration relief would be forthcoming if he provided information on his captors&rdquo; &mdash; which he did. (Asked for comment on Ronal&rsquo;s case, a USCIS official said the agency would not disclose information on any individual seeking benefits such as U nonimmigrant status.)</p>

<p>After leaving the hospital, Ronal&nbsp;was taken to detention and thrown in solitary confinement&mdash; a stint described in a <a href="https://www.nytimes.com/2013/03/24/us/immigrants-held-in-solitary-cells-often-for-weeks.html">New York Times article</a> in 2013, which explained that he had been kept in isolation because he was still on crutches, and his crutches could have been used as a weapon.</p>

<p>&ldquo;Mr. Rojas-Castro was kept in complete darkness for four days wearing only his underwear,&rdquo; the article notes. That wasn&rsquo;t Ronal&rsquo;s only time in solitary: At one point, months later, he was sent to the hole 21 days after getting in an argument with a cook. Ronal had described the food, in another letter to his mother, as awful and insufficient.&nbsp;</p>

<p>Detention, Lamberti said, &ldquo;is designed to and is very successful in killing all sorts of viable claims, and that has to do with people&rsquo;s access to attorneys, with their willingness to sit and wait for an appeal, and their ability to pay bond. It&rsquo;s just going to screw so many cases.&rdquo;&nbsp;</p>

<p>Ronal&rsquo;s case got screwed. After 11 months locked up in a York, Pennsylvania, detention center, Ronal came before immigration judge Walter Durling, who cited his concern over the &ldquo;respondent&rsquo;s veracity&rdquo; and denied him asylum. Specifically, Durling noted inconsistencies as to whether Ronal claimed Curamuerto put El Chino&rsquo;s body in his truck immediately after shooting him, or left him on the ground and then loaded him in a little bit later.</p>

<p>&ldquo;Respondent&rsquo;s testimony about how Chino&rsquo;s body was moved was at best vague,&rdquo; Durling wrote. Since 2005, an &ldquo;immaterial inconsistency&rdquo; &mdash; that is, a non-substantive piece of the asylum seeker&rsquo;s narrative that fluctuates between, say, a written testimony presented to the judge and oral testimony in court &mdash; can be grounds to reject an asylum claim.</p>

<p>Meeth Soni, an immigration lawyer in Los Angeles, told me about one of her clients who was gang-raped, set on fire, and had burn marks on her face. During an asylum interview to determine whether she had a &ldquo;credible fear&rdquo; of returning to her country, she supposedly said she was attacked at a certain time of the day, and then during the hearing in front of the judge she said it happened at a different time. Because of that slip, the judge ruled her not credible, and denied her asylum.</p>

<p>&ldquo;ICE&rsquo;s theory of every trial I ever saw was, &lsquo;You&rsquo;re a liar and you&rsquo;re a criminal,&rsquo;&rdquo; Lamberti said. &ldquo;That&rsquo;s the basis of their legal strategy. So human beings being human beings &mdash; they&rsquo;re able to find inconsistencies to say that they&rsquo;re not credible witnesses.&rdquo;</p>

<p>It is exactly these moments of trauma &mdash; essential to asylum cases &mdash; that are the hardest to remember. Neuroscientist Joseph LeDoux, author of <em>The Emotional Brain</em>, among other books about neuroscience and fear, told me that cortisol &mdash; a hormone released in response to stress &mdash; is toxic in high doses to the part of the brain where long-term memory is processed. &ldquo;Stress,&rdquo; he explained, &ldquo;disrupts memory formation.&rdquo; Or, as Cicero once put it, &ldquo;Fear drove out all intelligence from my mind.&rdquo;</p>

<p>Detention itself &mdash; the stints in solitary and 11 long months &mdash; was another hurdle. As Lamberti put it: &ldquo;If Ronal hadn&rsquo;t been detained, his proceedings would have stretched out in time, and he would have, no question, still been in the US when his U-visa certification was signed by ICE.&rdquo;&nbsp;</p>

<p>After Durling&rsquo;s denial, Ronal decided not to appeal. Lamberti pressed, gently, explaining that he had a good chance on appeal, but Ronal was done.&nbsp;</p>

<p>After he was deported, in 2013, his family &mdash; still worried about his safety &mdash; snuck him back into the house, just like they had snuck him out of it a year earlier. They were scared Curamuerto, or some of his goons, would come for him. They bought a pistol to defend themselves, and put Ronal to work in the carpenter&rsquo;s workshop in the back of the house. Working at home, he never had to leave, and, for a while, he didn&rsquo;t. But he soon sank into a depression, Sobe said. He had spent almost a year locked away, and now he was confined again. Even his old friends were scared to be seen with him.&nbsp;</p>

<p>It took him a while to gain the confidence to go outside, but, eventually, he did. He tried to keep a low profile, but wanted to live a regular life. He also wanted to make up for the lost time with his daughter. Little by little &mdash; after Adela had been killed, and after Curamuerto had moved to another city &mdash; his life regained some normalcy. And then, on a June afternoon in 2018 &mdash; on the heels of another soccer game &mdash; it ended.&nbsp;</p>

<p>Ronal had been playing on a field outside the city when he got a call telling him that a friend he had made in detention back in the US had sent him a bit of money. After the game, he headed downtown to the bank to receive it. At the bank, though, he realized he was missing a number in the confirmation code. Ronal threw a leg over the seat of his motorcycle, and was about to pull away when a friend, Miguel, saw him and called out. They chatted for a minute, and just as Miguel was leaving, another motorcycle, with two riders, stopped next to Ronal. A few seconds later, after he had just pulled away, Miguel heard the first gunshot.&nbsp;</p>

<p>That bullet entered Ronal&rsquo;s upper chest, right where the wings of the clavicle meet, just below the throat. When we were sitting in her hot hallway, Sobe pressed her index finger into the base of her own throat, showing me right where the bullet went in, pressing deeply, into her own flesh. Ronal fell over, tumbling off his white motorcycle, and raised his hands to defend himself. The attacker pulled the trigger again, and again, and again, and again. After the first shot in the base of his neck, four more bullets hit Ronal in his forearms, right hand, and torso.&nbsp;&nbsp;</p>

<p>Not much more is known about the attack. Despite the dozens of witnesses, there was no police investigation. The police didn&rsquo;t chase after the assailant, interview witnesses, or talk to the family. They did show up at the scene of the crime though: They happened to be close, and made their way over. They looked at Ronal on the ground, coughing, trying to breathe, bleeding.&nbsp;</p>

<p>After a few minutes, with the police still standing around,&nbsp;bystanders started urging them to help Ronal. The officers lifted him up and loaded him into the back of their pickup truck. Ronal was gasping for breath, choking down blood. According to witnesses, who would later describe the scene to Sobe, he seemed to be trying to speak, trying to breathe, lurching in pain. The police pulled away and drove him, bumping over Catacamas&rsquo;s rough, pot-holed roads, about 15 minutes to the hospital.&nbsp;&nbsp;</p>

<p>Ronal&rsquo;s stepfather, Javier, works as a driver for the Catacamas prosecutor&rsquo;s office, collecting bodies and taking them to the morgue. His job is to drive prosecutors and police to murder scenes and then haul corpses to the cemetery or, if there&rsquo;s an investigation, to the nearest morgue in Tegucigalpa, which is about three hours away. When Ronal was shot, Javier was busy picking up another body.&nbsp;</p>

<p>After I had talked with Sobe a few hours, Javier came home from work and we stood in the kitchen, where they told me more about Ronal&rsquo;s life and death. At one point, barely able to get out the words, Javier explained the mistakes the police had made in transporting an injured patient, his son. I would have put him in the front seat, Javier said. He couldn&rsquo;t breathe, and they threw him in the back of the truck like an animal. If Ronal needed someone to suck the blood out of his throat, Javier told me, his voice cracking, he would have sucked the blood out of his throat.&nbsp;</p>
<img src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/19537329/Ronal_and_Sobe_on_the_motorcycle.jpg?quality=90&#038;strip=all&#038;crop=0,0,100,100" alt="" title="" data-has-syndication-rights="1" data-caption="Sobe Castro shows a photo with her son. | John Washington" data-portal-copyright="John Washington" />
<p>Later, Sobe showed me a video of her dancing with Ronal on Mother&rsquo;s Day, a month or so before he was killed. They were both quite good, quickly stepping and whirling around each other to punta &mdash; a traditional Honduran dance. Mother and son, each holding a bottle of beer, dancing, their faces serious, concentrated, occasionally bursting into laughter. In those moments, they seemed weakened by their glee. Laughing, they reached out to each other, as if for support. She used to like to dance, Sobe told me, but she doesn&rsquo;t think she&rsquo;ll ever dance again. &ldquo;My son had such a heart,&rdquo; she said, &ldquo;you have no idea.&rdquo;&nbsp;</p>

<p>In the afternoon I spent with Sobe, her ire turned repeatedly back to the Honduran police, incapable of keeping them safe, as well as to the US, unwilling to provide safety. She seemed to take the violence itself for granted. You can&rsquo;t escape it, Sobe said.&nbsp;</p>

<p>Years had passed between the deportation and Ronal&rsquo;s death, but the consequences aren&rsquo;t always so drawn out. In late September 2019, another Honduran, who had fled to the US and was deported, was <a href="https://www.laprensa.hn/sucesos/1321283-410/matan-hondure%C3%B1o-deportado-estados-unidos-">shot and killed just hours after he left the airport</a>. He was still wearing the cheap shoes ICE sometimes gives detainees.</p>

<p>The killing occurred just days before the US and Honduras signed an agreement to start sending people seeking asylum in the US to Honduras. It followed similar such agreements the US now has with El Salvador and Guatemala; thousands of asylum seekers flee the three countries every year. None have functioning asylum systems to weigh claims or offer protection.</p>

<p>It was &ldquo;another move in a string of agreements that continue to make a grotesque mockery of the right to asylum,&rdquo; Charanya Krishnaswami, the advocacy director for the Americas at Amnesty International USA, said in <a href="https://www.amnestyusa.org/press-releases/new-honduras-agreement-could-be-deadly/">a press release</a>. &ldquo;We will say it again and again: people cannot be forced to seek safety in countries where they will not be safe.&rdquo;</p>
<img src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/19537340/Ronal_bookmark.jpg?quality=90&#038;strip=all&#038;crop=0,0,100,100" alt="" title="" data-has-syndication-rights="1" data-caption="A family memento marks Ronal’s death. In the United States under the Obama administration, he was kept in detention for so long as he awaited an asylum decision that Ronal ultimately gave up his fight. Upon his return, he remained in hiding for years. | John Washington" data-portal-copyright="John Washington" />
<p>In some respect, deaths such as Ronal&rsquo;s are by design. The policies of mandatory detention and, now, pushing asylum seekers to wait in Mexico, or forcing them to apply for asylum first in a country without a functioning asylum system and where they remain in danger, are meant to force asylum seekers to weigh two competing miseries: the present fear of death, or the long slog through a punitive immigration detention system with slim chances of relief.</p>

<p>The choice, for many asylum seekers, has become death or a form of administrative hell. After lingering for a while in the latter, some asylum seekers are risking death to get a breath of freedom again.&nbsp;</p>

<p>Sobe recalled that&nbsp;Ronal used to say he liked it when the power went out &mdash; a frequent occurrence in Catacamas &mdash; since nobody could use their phones, and all the family&nbsp;could do was sit around the table, in the dark, and talk to each other.&nbsp;</p>

<p class="has-end-mark">She paused, then added, &ldquo;I feel like they buried my heart.&rdquo;</p>
<hr class="wp-block-separator" />
<p><a href="https://twitter.com/jbwashing"><em>John Washington</em></a><em> is a translator and writer covering immigration and border politics, as well as criminal justice and literature. Ronal&rsquo;s story is an adaptation from his first book, </em><a href="https://www.versobooks.com/books/3171-the-dispossessed">The Dispossessed: A Story of Asylum at the US-Mexico Border and Beyond<em>,</em></a><em> out in May 2020 from Verso Books. </em></p>
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