Three stories of our immigrants who were imprisoned in the USA for illegal immigrants

Denis Davydov is now in an immigration prison. Photos from the personal archive

President Donald Trump, as promised during the election campaign, launched a large-scale fight against illegal immigration. In the US, according to the publication The Washington Post, there are now about 11 million illegal immigrants. Anyone can go to jail: if previously only illegal immigrants who committed a crime were arrested, now - everyone who is in the states without documents. And even those who have applied for political asylum and have legal status in the country.

ForumDaily talked to our immigrants who ended up in an immigration prison, and also figured out how the places of detention are arranged and why every illegal person needs to know about his rights.

In jail with legal status

Russian Denis Davydov fled to the United States from Moscow in September 2014. At home, the young man openly declared his unconventional orientation. After a frank confession Davydov began to insult at work, and then unknown young people began to threaten to kill. To save his life, the Muscovite was forced to leave Russia.

Davydov flew to America on a tourist visa. Through 2 a month after it ended, he applied for political asylum. By law, the application must be sent within a year from the date of arrival in the United States. As soon as Denis received a formal work permit, he got a job as a barista in one of the restaurants in the California city of San Jose.

In March of this, Denis decided to rest on the US Virgin Islands. Going on a trip, the young man took with him only a state of California ID. It was easy to leave the country, but the road home was delayed for an indefinite time.

From left to right: Denis Davydov and Sergey Piskunov. Photos from the personal archive

On March 13, Davydov arrived at St. Thomas airport. It is on the US side of the Virgin Islands. At passport control Denis showed his ID. However, the officers asked for additional identification documents of the passenger. The tourist did not have a letter of asylum application from the US Citizenship and Immigration Services at hand. To clarify all the circumstances of the case, customs officers decided to send Denis to an immigration prison. A close friend of Denis, Sergei Piskunov, told ForumDaily about this.

“The main accusation now is that Denis violated the visa regime. Tourviza has ended six months after his stay. But the law is on his side. Anyone who seeks asylum in the United States can do this for a year. Denis met this deadline, and we believe that he was arrested illegally, ”says Sergey.

Denis Davydov is in an immigration prison for almost a month and a half Krome Service Processing Centerwhich is located in florida. According to his friend Sergey, the story of detention has had a strong effect on the health of the young man. Denis is infected with HIV, so he needs special care in prison.

“He has problems with his immune system now, and he can’t get a doctor’s consultation for a long time! There is only a nurse in the prison. At first there were weekends, and the administration said that no one was working. But he is still waiting for a specialized doctor,” Sergei shared.

The best lawyers of the famous American organization joined the case of Denis Davydov Immigration Equalitywhich provides legal services to LGBT representatives from different countries. Several court hearings in the Davydov case have already been postponed. The next process is scheduled for May 8. The question of the deportation of Denis will now be decided by the court.

Immigration lawyer Ilona Dzhamgarova explains: leaving the territory of the US Virgin Islands, Denis had to receive a special document that would allow him to return to the country.

“To enter the United States, you must present one of the following documents: a U.S. passport, a green card, a valid visa issued by a U.S. consulate abroad, or a passport from a country participating in a visa waiver, or a special permission to enter the United States issued by the United States Immigration Service upon submission of the appropriate statements - advance parole”, explained lawyer Ilona Dzhamgarova.

According to the lawyer, they can also arrest at the border if the immigrant has a criminal conviction. That in some cases involves the mandatory detention and detention of a foreigner until the end of the trial in the immigration court, explained Dzhamgarova.

How illegal immigrants test their fate

In the course of a large-scale fight against illegal immigration in the United States, they are catching, first of all, those who, while in the country without documents, committed a crime. In second place among the most wanted are visa violators.

Kiev resident Nikolai Kovalenko (name and surname have been changed) is just one of these. Three years ago he was forced to sit in immigration jail, and his hearings are still ongoing. In 2013, he received a J1 visa under the popular student program Work and Travelwhich helps young people learn English overseas and earn some money. Nicholas all his life wanted to see sunny Miami. Arriving in Florida, he got a job at the beach. The tale did not last long. After the 3 month, Kovalenko’s visa is over. But he decided not to leave America.

“There was no Maidan then. But it was still difficult to live there. Then I came to America and started earning $500 a week. For that kind of money you would have to work for a month in Ukraine. Everything is great here... Beauty. The impressions were dizzying, and I decided to stay, because I thought that I would never get here again. It was my only chance, let’s say,” he says.

Nikolai realizes that he has violated US law. But he was afraid that he would no longer be given a tourist visa in the USA, and thoughts about the American dream did not allow him to go back.

“Mom constantly calls me home via Skype. And dad, when he hugged me for the last time at the airport, said that he felt as if he was seeing me for the last time. Six months later, my father was diagnosed with cancer, and he died...” says Kolya.

The guy could not say goodbye to his father. If he left America, he would most likely never be able to come to the United States. In July 2014, a young man was arrested. At that time, he and his friends rented an apartment in Miami. Immigration officers arrived at his home early in the morning.

“I opened the door for them. I slept on the move and allowed them to come home, but I could not have done this. We should have sent them. Five officers in bulletproof vests and carrying guns came in. I called the guy to whom the apartment was registered,” recalls Kovalenko.

As it turned out, the officers were looking for a young man for whom the tenancy agreement was signed. Nikolay asked one of the agents why he was wanted.

“He just said that you should never lie to the US authorities when you ask for asylum, they say, this is a federal crime. “I didn’t say anything else,” says Kolya.

Details of the special operation Kovalenko still remembers. According to him, one of the Spanish-speaking officers behaved aggressively and constantly demanded to be silent.

“He said that we are all immigrants and came to the United States specifically to stay. Then I saw that some guys applied for asylum on LGBT grounds. And he asked: “So you still organize orgies here?” We just sat quietly and didn’t say anything to him,” recalls Nikolai.

The officers took up the documents. Kovalenko did not deny anything and told the verifier that he had been in the United States without documents for a year.

“I just happened to be in the wrong place at the wrong time. Even the day before my arrest, my friends invited me to go visit them for the night, but I refused. If I had gone, I could have avoided all this,” he regrets.

After the arrest, Nikolai was taken to a special unit. There, his identity was checked in the database. The guy said that he does not have the right to work in the United States, but lives on money that his relatives send from Ukraine. The interrogation did not last long. As a result, Kovalenko was sent to an immigration prison. Homestead Detention Сenterwhich is not far from Miami. This Center is divided into several blocks similar to the barracks. From the first day, the Ukrainian student decided to keep a personal diary and record everything that happened in prison.

From the diary of Nikolai Kovalekno (stylistics and spelling preserved)

“I was searched. Next, we were taken to the reception of personal belongings, where everyone was given personal cells. I put all my clothes there. Then we were taken to the shower, given new clothes and told that we needed to take a shower. I told the officer that I had washed myself before and that I smelled good. And he said that while we are here, we will do what he says. It was a very cold shower, as they show in films... After 10 seconds I jumped out of there like a bullet, I started to feel cowardly... “.

“I asked for my shoe and T-shirt size twice. They didn't have my size. Either more or less. I wear a medium. But they gave me XL. They gave me 4 pairs of white socks. Two blue shirts, 4 large blue T-shirts, 2 pairs of blue pants, a sheet and a blanket, a shower set, shower gel, body lotion, toothpaste. Everything is disposable except soap. And they gave me sneakers with Velcro, without laces, because they could strangle someone..."

It turned out that the color of the form in the prison mattered. So, blue clothes relied immigrants who violated the visa regime. Orange jumpsuits betrayed those who committed petty crimes, but people suspected of particularly serious acts were dressed in red clothes.

Nikolai says that everyone in prison had to undergo a medical examination. Doctors are required to learn about chronic prisoner diseases. Behind the bars, each is given a special bracelet with a photo and personal information of the detainee. In addition to the name and surname on the bracelet put an individual number, date of birth and date of arrest. It also has a bar code with which the prisoner can buy something at a local store located on the premises of the correctional facility.

“If you had money when you were detained, they put your savings in an account that is linked to this bracelet. At the stall you could buy chocolates or some personal hygiene items. But, unfortunately, I didn’t have any money,” he says.

Every prisoner has the right to make a call. The first 2 minutes are provided free of charge, but then you will have to pay for the connection. Nikolai did not immediately remember his friend’s mobile phone number. The first attempt failed - for some reason the acquaintance did not answer, and the guy no longer had money for the second. I had to turn to my cellmates for help.

“We had to ask them. I only got through to my people on the 10th day. Because you need to persuade a stranger, you need to go to the machine. He must speak in his own voice and also enter his personal code. It’s not very pleasant to hammer people every time,” he recalls.

Nicholas was placed in a cell where more than 40 people lived. In the mornings, to get into the shower, it was necessary to stand in a huge queue.

“Everything in the room was very unpleasant. When I walked in, I didn’t see any white people. Someone was snoring. I thought, God, where have I ended up,” the guy recalls his first impressions.

Nikolai Kovalenko says that every day in prison was the same. At 6 am we got up, then had breakfast, which we could sleep through. Then free time and a walk. Lunch at approximately 16:XNUMX. Then another walk, then dinner and fresh air again.

“In the dining room we had a metal tray and a plastic spoon and fork. At the exit from the dining room, only 5-6 people are allowed out. When you leave, officers stand and search you so that you cannot take anything with you. The food was monotonous. Even then I thought that I would eat in freedom,” the former prisoner shares his memories.

In the immigration prison Homestead Detention Сenter You can play sports or visit the library. And for prisoners there are always vacancies. You can get an assistant in the kitchen or a cleaner. Full-time prison residents receive $ 2. Earned money is mainly spent on telephone conversations with lawyers. Without their help, it is difficult to get out of prison. Nicholas found a lawyer helped friends. After about 2, the young man was summoned to a court hearing, which was held right inside the prison.

“My lawyer, unfortunately, was late for the meeting. I had to tell my story myself. The court agreed to release me on bail of $1500. The lawyer asked for 500 for her services,” says Kolya.

At the end of July 2014, he was released. With a lawyer, Kovalenko signed a contract, under the terms of which a guy can repay a debt for legal services in parts during the year. After his release, Kohl decided to change everything in his life and move from Miami to Los Angeles. In California, he changed his mobile number and changed his email address. The lawyer found Nicholas on social networks and said that he had missed 2 court sessions. The next deportation hearing for Kovalenko is scheduled for September. However, the young man is still not sure whether he wants to participate in the process.

“I have no money. I'm mentally determined to go home. If they deport me, they will be doing me a favor. The only thing I'm afraid of is going to jail again. And it is unclear how long the whole process will take; now all courts and prisons are overcrowded. For myself, I realized one thing: the American dream does not come true for everyone,” says Nikolai.

In order not to be in the place of Nikolai Kovalenko, lawyer Ilona Dzhamgarova advises to think in advance about the change of status.

“The main task of J1 visa holders is to consult with a lawyer in a timely manner. It is advisable to do this upon arrival. Because due to lack of information, such students may lose their status even before the end of their legal stay. And this, in turn, can lead to arrest or deprivation of the opportunity to change status in the United States,” the lawyer warns.

Not a prison, but a sanatorium

Spouses Alexander and Elena Lazurenko (last name changed) in November 2015-th fled from Moldova. In Chisinau, a criminal case was brought against Alexander, accusing him of having links with the opposition.

“I was under great pressure in my country, and I urgently needed to save my life and the life of my wife,” says Alexander.

The couple decided to take a chance and learned how to illegally enter the territory of the States. First spouse Lazurenko flew to the British Virgin Islands. Locals suggested where you can rent a boat to get to the American side of the islands.

“There on the pier I took the contacts of one young man who is engaged in this business - transporting illegal immigrants on an inflatable boat,” shares Alexander.

Late in the evening, Sasha and his wife rented a boat, paying for a “ticket” in the US $ 2000. The road to America took only a few minutes. Then they took a taxi to the airport, where they found a customs officer and stated that they needed protection.

“We were taken to a separate room. There the officer spent a long time fiddling with the computer. He asked the only question: “Are you afraid to return home?” I answered yes. He said that there was no need to explain anything else, he was passing us on to the next authority,” says Alexander.

The regular Charlotte-Amelie-Miami flight brought the Lazurenko family to Florida. No handcuffs or security. At Miami International Airport, the young couple was met by immigration officers, put in a car and taken to prison. Broward Transitional Center. BTC is a private correctional facility that houses more than half a million inmates. The prison has 2 sections - for men and for women.

“That day we were separated from Elena. Of course, it was difficult because none of the employees said anything about our fate. I had to find out from the “old men” who were in prison. I met guys from Ukraine and Romania there. And the Ukrainian told me that an interview was waiting for me,” Lazurenko recalls.

Alexander was given an orange uniform and a pass - a special card with personal information. According to the prisoner, the prison staff treated him with understanding. And the conditions of detention were more reminiscent of a sanatorium.

“We were treated like patients! (laughs - Author) The room had a separate shower and a separate toilet. There was a large plasma, everything was as it should be. And there were 3 bunk beds,” says Sasha.

Alexander was not bored in prison. In his spare time, he read books in the library and played football in the afternoons. The main thing is not to break the rules.

“They fed me 3 times a day. The only thing that needed to be done was to clean the room. We did this in turns. There were never any conflicts with cellmates. We communicated more with gestures, since they did not know English. Guys from Mexico, Guatemala, Tahiti, Albania and China lived with me,” says Alexander.

The women's section of the prison was not much different from the men's. Elena Lazurenko says that the women who were in her cell always helped her.

“I cried for probably 5 days. It’s still a shock. Only on the fifth day did we meet with Sasha. The boss needed to prove that we were married. For this we needed a copy of the marriage certificate,” recalls Lena.

Even at the airport in Miami, Alexander managed to call his friends and reported on the arrest. Friends quickly found a lawyer who sent a marriage certificate to the prison authorities.

“On Sundays, priests came to the prison. On the same day, general walks were allowed, when both men and women were allowed out into the common area. I saw Elena, but it was strictly forbidden to approach her. I had to show with gestures that everything was fine with me,” says Sasha.

About a week later, the prison governor gave permission for regular visits.

“Once a day we met with Lena. For a whole hour. By the way, I could always call my relatives. Calls are cheap. The conversation was supposed to be no more than 5 minutes, and for this they took about a dollar from my account,” he says.

In prison, Alexander even learned to play chess. Despite the friendly atmosphere in the correctional facility, Sasha dreamed of only one thing - to be released. Now he remembers the prisoner’s weekdays with a smile.

“The food was decent. Nothing fried. Lots of beans and lots of rice. The meat was either sausage or chicken. By the way, you couldn’t buy alcohol or cigarettes in the shop that was on site. Smoking is prohibited on the prison grounds,” says a resident of Moldova.

About a month after being in prison, Elena Lazurenko was assigned the first interview in which the woman told why their family was afraid to return to their homeland. The answer was waiting for another month. The officer believed the story of a woman. However, according to Alexander, the prison staff deliberately delayed the time.

“This is a private prison, and they keep people as long as possible. I heard from the guys that the state pays $260 a day for the maintenance of one prisoner. This is a business: the more I’m there, the more money they can make from me,” he believes.

While the Lazurenko couple were in prison, the family immigration lawyer Vladislav Salaridze collected the necessary evidence for their case. He did his best to let the young couple out.

“At the hearing, the judge decides whether to release the prisoner or not. If yes, what kind of collateral? The judge awarded this family $10 between them. The amount depends on how strong the case is. Usually they ask for a minimum of $15 thousand per person. But the more documents and evidence there are in the case, the better. The judge will see that, most likely, this person will ask for political asylum, so it is very important to put together a good case and correctly present the story,” the lawyer commented.

According to Salaridze, the new instructions of President Donald Trump have changed the work of the inspection services. Previously, any person who illegally crossed the border and remained in the country illegally could count on remaining by court decision, now officers themselves can expel an illegal alien without a court sentence. This is especially true of border areas.

Therefore, the Lazurenko family can be said to be lucky. Alexander and Elena have already received a work permit and are fully prepared for the trial, which will take place only in 2019 year.

"I do not regret anything. It's good that it happened this way. After all, my original plan was to get to the USA and immediately ask for refugee. But I would enter America illegally. They would have locked me up right away. We were lucky that we ended up in this prison-sanatorium. So, thank God!” Alexander said in an interview.

What threatens the illegal and why it is important to know your rights

According to the edition The Washington Post, the number of arrests of illegal immigrants in the first months of Trump’s presidency increased by 32,6%. According to statistics, in January-March 2017, 21 362 illegal immigrants with a criminal record were arrested in the United States. This is 30% more than the same period last year. The number of arrests of law-abiding illegals has also increased.

Illegal immigrants are now under the scrutiny of the testing services, says one of the best Russian-speaking lawyers in New York — Ilona Dzhamgarova. Illegal immigrants may be detained and held in deportation detention for a long time. In addition, even if the court makes a decision and the illegal immigrant is left in the country, in the future it will be more difficult for him to obtain a residence permit.

In 2011, Ilona Jamgarova became the best female lawyer, according to the New York State Assembly. Photos from the personal archive

There is another problem. Some foreigners do not pay attention to the duration of their stay in the country and leave the United States a few days after the allotted time. In the future this can lead to big problems.

“For example, if the period of illegal stay is more than 180 days, the violator may be subject to a sanction in the form of a ban on subsequent entry for 3 years; if the illegal stay is more than a year, you will not be able to come to America for the next 10 years.” , says Ilona Dzhamgarova.

Illegal immigrants should always remember that only a professional lawyer can help them. Therefore, Dzhamgarova advises the first thing to call a lawyer.

“And it needs to be done quickly. Depending on the situation, the lawyer will inform the detainee about possible methods of defense,” advises Ilona Dzhamgarova.

In addition, illegal immigrants always need know your rights, but ideally, do not fall into the category of illegal immigrants at all.

After the release of this material, the editors of ForumDaily learned that the arrested Denis Davydov released. According to Denis’s close friend, Sergei Piskunov, Davydov was released on April 27.

“This was made possible thanks to the support of the media and the administration of House Minority Leader Nancy Pelosi. The case is still not closed, but the fact that Denis is no longer in prison is a big victory,” Sergei Piskunov told our journalist.

Read also on ForumDaily:

Illegal immigrants without a criminal record - a target for migration officers

“I have nothing more to lose”: the revelations of the Russian nelegalka in the USA

How the US deports illegal immigrants: a step-by-step procedure

Migration officers began to arrest illegal immigrants even in the courthouses

Lawyers fear that it will be harder to get political asylum in the US

How an illegal immigrant can be legalized in the USA

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