Will ICE Deport the “Savage”?



Unbeknownst to many Americans, some of our most beloved entertainers are immigrants. William Shatner, who played the iconic Captain James Tiberius Kirk in the original Star Trek immigrated from Canada. Rocker Eddie van Halen came from Holland. And musician Dave Matthews is a native of South Africa.

Given that America is a preferred destination for many talented performers, you’d think that Hollywood, Nashville, and New York would have keeping show-folk out of trouble with the Department of Homeland Security (DHS) down to a science. But that isn’t always the case. In many instances, American showbiz has had a tense history with immigration law.

In the last week, the tension that often colors relations between Tinseltown and immigration authorities has erupted once again. Grammy-nominated rapper 21 Savage (whose real name is She’yaa Bin Abraham-Joseph) has been arrested by U.S. Immigration and Customs Enforcement (ICE). The performer, a citizen of the United Kingdom, is alleged to have overstayed a visa that expired at least 14 years ago, making him unlawfully present in the United States. He was also appears to have been convicted of felony drug charges in Fulton County, Georgia, in 2014.

As one would expect, Abraham-Joseph’s lawyers claim that ICE arrested him in error because he has a U visa application pending before U.S. Citizenship and Immigration Services (USCIS). (U nonimmigrant status is available to alien crime victims who assist law enforcement officials in prosecuting those who victimized them.) They also claim that the 2014 Fulton County charges were later expunged, a claim backed up by records discovered by entertainment news outlet TMZ.

However, it is difficult to see where ICE may have made any errors:

  • Alien visa overstayers are subject to removal from the United States on the mere basis of their unlawful presence.
  • An expungement may not eliminate a conviction for immigration purposes.
  • USCIS is not required to grant U visa status to anyone who asks for it.
  • And Abraham-Joseph, whose entire career consists of musical boasts about crimes he says he has committed, doesn’t appear to be a good candidate for the exercise of discretion by either ICE or USCIS.

It now remains to be seen whether the Trump-era DHS will stand firm in this case. But the evidence doesn’t bode well:

  • In 1973, the Immigration and Naturalization Service ordered John Lennon (of Beatles fame) deported on the basis of a 1968 British drug conviction. Lennon appealed and, in 1975, a federal court overturned the deportation order. However, one wonders whether Lennon would have been allowed to stay in the U.S. if he hadn’t been a Beatle.
  • In 2014, Canadian singer Justin Bieber was arrested for driving under the influence in Florida. Media outlets quickly began asking whether Bieber was likely to be deported. However, he reached a plea agreements and DHS elected not to place Bieber in removal proceedings. But, as with Lennon, one ponders whether the system would have been so tolerant with Bieber if he weren’t a music-industry cash cow.

And those are just a few of the more notable examples.

Deporting 21 Savage would go a long way toward demonstrating that U.S. immigration law applies equally to all foreign miscreants, even those who are wealthy, famous and popular. Hopefully, the Trump administration won’t knuckle under to the global internationalists who run the entertainment business, giving fame and profit precedence over public safety.

 

 

About Author

avatar

Matthew J. O’Brien joined the Federation for American Immigration Reform (FAIR) in 2016. Matt is responsible for managing FAIR’s research activities. He also writes content for FAIR’s website and publications. Over the past twenty years he has held a wide variety of positions focusing on immigration issues, both in government and in the private sector. Immediately prior to joining FAIR Matt served as the Chief of the National Security Division (NSD) within the Fraud Detection and National Security Directorate (FDNS) at U.S. Citizenship and Immigration Services (USCIS), where he was responsible for formulating and implementing procedures to protect the legal immigration system from terrorists, foreign intelligence operatives, and other national security threats.He has also held positions as the Chief of the FDNS Policy and Program Development Unit, as the Chief of the FDNS EB-5 Division, as Assistant Chief Counsel with U.S. Immigration & Customs Enforcement, as a Senior Advisor to the Citizenship and Immigration Services Ombudsman, and as a District Adjudications Officer with the legacy Immigration & Naturalization Service. In addition, Matt has extensive experience as a private bar attorney. He holds a Bachelor of Arts in French from the Johns Hopkins University and a Juris Doctor from the University of Maine School of Law.

9 Comments

    • avatar

      I agree. Trump needs to show that illegal immigration of any kind is zero tolerance. These celebrities will have no problem having their lawyers fix the matter to get back in and make money.

  1. avatar
    Atheistically Yours on

    There needs to be NO MORE LEGAL IMMIGRATION INTO THE USA until EVERY ILLEGAL ALIEN IS DETECTED, DETAINED, AND DEPORTED! “Unlawful presence” vs. “Unlawful entry” should NOT MAKE A DIFFERENCE!

  2. avatar

    Another no-talent “rapper” just gang-bangin’ the “ho’s”that Americans refuse to gang-bang. Ship him back to the UK; his records will still be available to anyone dumb enough to buy ’em.

    • avatar

      That’s like the sainted Obamas and their big concern for women and then they invite a bunch of misogynist foul mouth rappers to the White House. A lot of rap videos portray women as just some accessory.

Leave A Reply