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4 February 2019, 20:47 GMT
By Daniella Silva
Immigration authorities tried to "unnecessarily punish" & # 39; and & # 39; intimidate & # 39; of 21 Savage in giving up his fight to stay in the United States, his lawyer said Monday, while the rapper is faced with deportation and possibly a 10-year ban on land.
The musician, whose real name She & # 39; yaa is Bin Abraham-Joseph, "has never hidden his immigration status" from the US government and has a pending U visa as a victim of a crime, his lawyer, Charles Kuck said Monday afternoon in statement. Abraham-Joseph also has a US citizen whom he supports, which also makes him eligible to stay, said Kuck.
Abraham-Joseph, 26, was detained on Sunday in the Atlanta area for allegedly being illegally in the country, Immigration and Customs Enforcement (ICE) said in a statement. ICE spokesman Bryan Cox said that Abraham-Joseph was also convicted of charges for crimes in October 2014.
ICE said that Abraham-Joseph was an "illegally present British citizen" who was legally brought into the United States in 2005 as a child on a visa that expired in July 2006 a year later.
Kuck recognizes that Abraham-Joseph and his family have exceeded their visa.
"As a minor, his family has exceeded their work visa and, like almost two million other children, he has been left without any legal status," Kuck said Monday.
"Mr. Abraham-Joseph never hid his immigration status from the US government," he added. "The Department of Homeland Security has known its address and history since its application for the U-visa in 2017, but until this past weekend they have not taken action against him."
The rapper was in ICE custody in Georgia and was placed in a removal procedure for immigration courts, ICE said Sunday.
Kuck said that Abraham-Joseph was detained on the basis of incorrect information about previous criminal charges & # 39 ;, but he did not specify what with the accusations he disputed. The lawyer added that ICE refused to release Abraham-Joseph on bail.
The lawyer added that Abraham-Joseph was neither a flight risk nor a danger to the community, and added: "His contributions to local communities and schools in which he grew up are in fact examples of the type of immigrant we have in America. want."
"We and he will fight for his release, for his family, and his right to stay in our country," he said.
ICE has not responded to immediate requests for comments on Monday.
A U visa is a special visa for victims of certain crimes "mistreated mentally or physically and useful to law enforcement officials or government officials in investigating or prosecuting criminal activities," said US citizenship and immigration services.
Only 10,000 U-visas are available per year. Kuck's statement did not specify the incident in which Abraham-Joseph applied for the visa.
Anastasia Tonello, president of the American Immigration Lawyers Association, said that Abraham-Joseph could be confronted with "a rather difficult case" as what ICE claims is true.
"He is in one of the most notorious jurisdictions for removal," she said. "Atlanta has a very high number of refusals on any type of discretion or relief."
Tonello said that the U visa application can help Abraham-Joseph's case if he gets a deferred status while that case is pending.
If it is deported, Abraham-Joseph may be banning the US from at least 10 years of accusations that he has only exceeded his visa and he would need a waiver to return to the country, even as a visitor, said they.
Tonello said on the basis of the moment when the visa of Abraham-Joseph would have expired, he could have qualified in 2012 for deportation deduction in the context of the program Deferred Childcare (DACA), if he finished his high school and his certificate for general development received (GED) or was honorably discharged from the US Army. Individuals are not eligible for DACA if they are convicted of a crime, serious crime or a series of crimes.
Because the rapper reportedly left high school and was sentenced for drug charges in 2014, he would not be qualified for DACA assistance at this time, allowing children of illegal immigrants to stay in the United States if they were younger than 16 when their parents brought to the country and if they arrive by 2007, she said.
The Trump government moved to the program at the end of 2017, but federal courts in San Francisco, New York and Washington blocked that attempt. In January, the US Supreme Court took no action regarding the future of the program, a move that the government required to run the program for at least another 10 months.