FACES AND PLACES: Hispanics, "si"; Ukrainians, "ni" (04/16/06)

FACES AND PLACES

by Myron B. Kuropas

Hispanics, "si"; Ukrainians, "ni"

The ongoing American immigration brouhaha, focused on some 9 million to 11 million illegal immigrants, has created much hand-wringing, political posturing and misleading cant.

Much of the controversy swirls around Mexicans. President Vincente Fox is demanding amnesty so that his illegals can continue to send money back to family members in Mexico, ameliorating somewhat the growing dissatisfaction with Mexico's corrupt leadership. Mr. Fox is no fool; the more Mexicans in the U.S., the less chance of "revolución!"

President George W. Bush is pushing for a guest worker program for illegal immigrants that will eventually lead to full citizenship. A grand idea. Unfortunately, most Americans seem to oppose it.

Personally, I have no issue with immigrants, legal or illegal. The issue is not immigrants seeking a better life. The problem lies with our porous borders and avaricious employers who exploit illegals. As a son of an immigrant who, despite his university degree, initially "took jobs no Americans were willing to take," I can empathize with Mexican immigrants who are hardworking, family-oriented and willing to do what it takes to gain their citizenship.

I have even more empathy for Ukrainian illegals who work hard, take low-level jobs initially and send money back to relatives, most of whom rely on this largesse to survive in a Ukraine run by Soviet-trained, mid-level government crooks.

While Mexican illegals have advocates willing to take to the streets waving Mexican flags to make their point, Ukrainian illegals are not so fortunate. No advocates. No mass demonstrations. No Ukrainian flags. Camille Huk, a Ukrainian activist in New Jersey, has tracked the plight of Ukrainian illegals and calls them "low-hanging fruit," easy to find, easy to pluck.

Ms. Huk is particularly upset by the case of the Vassili Karnaoukh family who were deported to Ukraine after living in the United States for 15 years. They had purchased a house, attended Ukrainian church, sent their sons to Ukrainian school and eventually to college. Jenny-Brooke Condon of the Seton Hall Law School has studied the case and prepared a detailed summary. What follows is based on that report.

"In the early morning hours of January 6 [Sviat Vechir!], 2006, armed Immigration and Customs Enforcement agents stormed [à la Elian Gonzalez!] the family's house and took the parents and two sons into custody. The government detained them at the Elizabeth Detention Center until they were deported in February," Ms. Condon wrote.

How did this outrage come to be? It began with the father's, Vassili Karnaoukh's, involvement with Rukh. A patriot, he participated in Rukh demonstrations in 1989 and was eventually arrested by the KGB which beat and interrogated him. His wages were subsequently reduced 40 percent for six months and his earned vacation time was canceled. Still active with Rukh, he was arrested a second time and beaten. With the help of a cousin who bribed a friend who worked in the passport office, Mr. Karnaoukh gained his passport, obtained a U.S. tourist visa and arrived in New Jersey on June 5, 1991.

Attorney Eric Copeland of the firm of Copeland and Brenner filed an asylum claim with the Newark asylum office on September 28, 1991. A similar claim was filed for Mr. Karnaoukh's wife, Maria, who returned to Ukraine six months later and remained there until 1995 when she returned with their two sons. Mr. Karnaoukh, meanwhile, attended an asylum interview in 1992.

On February 5, 1996, he was informed by Barbara C. Brenner of Copeland and Brenner that she had not received a decision regarding his 1992 asylum claim. On November 11, 1997, he was informed that his asylum interview had been rescheduled. On November 12, Ms. Brenner confirmed her conversation with Mr. Karnaoukh in writing and told him that since his wife had left the country in 1992, and because the sons were admitted in 1995, they were not included in his asylum case. She urged him to formally include his wife and sons at the asylum hearing and to hire a local attorney. She also gave him the name of an attorney.

Following the interview, the Immigration Service ruled that Mr. Karanoukh did not establish past persecution or a well-founded fear of further persecution. On November 25, 1997, his case was referred to Immigration Court for further adjudication. Ms. Brenner wrote to Mr. Karnaoukh on January 26, 1998, reminding him that his hearing was scheduled for February 13 and that he needed to get a local attorney since her firm was not representing him "in removal proceedings."

"A merits hearing was then scheduled for June 9, 1998, to consolidate the family's individual cases and then set down again for merits hearing before Judge [Annie S.] Garcy on February 5, 1999," Ms. Condon noted. Three days later Judge Garcy denied Mr. Karnaoukh's application for asylum and ordered him and his family deported. Mr. Karnaoukh appealed.

From here on, the story gets murky. Mr. Karnaoukh hired a lawyer who filed a motion to reopen the proceedings under NACRA (the Nicaraguan Adjustment and Central American Relief Act) which on June 21, 1991, was expanded to include nationals of former Soviet bloc countries who applied for asylum on or before December 31, 1991, a date that applied to Mr. Karnaoukh. Among other things, applicants have to demonstrate that returning to their country would result in extreme hardship. Given their current problems in Ukraine, this seems to apply to Mr. Karnaoukh and his family.

What is not murky is the fact that, according to a review of some 223 asylum courts in the U.S. by DMR Associates, Judge Garcy rules one of the "strictest."

Vassili Karanoukh is not an illegal. He is a victim! He didn't hide! He followed U.S. immigration procedures faithfully. He believed in our system and the American dream. He and his family are victims of a failed U.S. immigration bureaucracy, of incompetent attorneys who miss deadlines, of unscrupulous lawyers who prey on our people and promise the impossible.

Ukrainians are at risk. American journalists and attorneys have taken up the Karanoukh case; other communities are demonstrating. Our "leadership" - save for the Ukrainian National Association, which is on record with a letter of protest - meanwhile, awaits their next opportunity to pose for pictures with Ukraine's new "leadership." Wow!

Myron Kuropas's e-mail address is: [email protected].

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