February 1, 2019//-United States’ Department of Homeland Security (DHS) has announced, in coordination with the Department of State, the implementation of visa sanctions on Ghana due to lack of cooperation in accepting their nationals ordered removed from the United States (U.S).
Pursuant to her authority under Section 243(d) of the Immigration and Nationality Act (INA), Secretary of Homeland Security Kirstjen Nielsen notified Secretary of State Mike Pompeo that the Government of Ghana has denied or unreasonably delayed accepting their nationals ordered removed from the United States.
As a result, Secretary of State Pompeo has ordered consular officers in Ghana to implement visa restrictions on certain categories of visa applicants.
Without an appropriate response from Ghana, the scope of these sanctions may be expanded to a wider population. The sanctions will remain in place until the Secretary of Homeland Security notifies Secretary Pompeo that cooperation on removals has improved to an acceptable level.
“Ghana has failed to live up to its obligations under international law to accept the return of its nationals ordered removed from the United States,” said Secretary of Homeland Security Kirstjen Nielsen.
“The United States routinely cooperates with foreign governments in documenting and accepting U.S. citizens when asked, as appropriate, as do the majority of countries in the world, but Ghana has failed to do so in this case. We hope the Ghanaian government will work with us to reconcile these deficiencies quickly”, according to a press release issued by the DHS.
U.S Ambassador supports action
The United States Ambassador has explained that her country’s issuance of visa restriction on some categories of Ghanaians had been necessitated due to the failure of bilateral efforts to resolve the issue.
Stephanie S. Sullivan said the US been working with Ghana for more than two years, including as far back as July 2016, for Ghana to issue documents for Ghanaian nationals under deportation orders in the US.
She said the Department of Homeland Security and Department of the State has been working with the Ghanaian Embassy in Washington and Foreign Affairs Ministry in Ghana to issue passports for Ghanaians who were subject to deportation orders within 30 days, in line with the UN Convention on International Civil Aviation.
Speaking during her first interaction with the press in Accra, she said, “Government of Ghana has consistently not met in a timely way this internationally mandated standard of the UN Convention on International Civil Aviation.”
She said the timely issuance of the passports helped to facilitate deportee’s departure on commercial flights, failure of which meant that the US had to arrange charter flights or in some cases, release those under final orders of removal within the US.
Ms Sullivan said the US would, as a result, pause the issuance of all new visas for domestic employees of Ghanaian Diplomats hosted in the US, effective Monday.
The Embassy would also limit the normal five-year validity period and a number of entries on Tourist and Business visas for all Ghanaian Executive and Legislative branch employees, their spouses and children under age 21, to single entry visas valid for only one month.
“This will also apply to Ghanaians who are not government employees but hold diplomatic and official passports,” she said.
She stressed the validity of the visas was however different from the duration of stay. Thus, the allowable duration of stay of a visa holder who enters the US, prior to the one-month visa expiration date, will not be affected.
Current visa holders, student visa applicants, Ghanaian government officials travelling for official duties as well as participants in official US government exchange programmes, are not currently affected.
“We hope to work closely together with Ghanaian authorities to resolve this issue properly. The US government will lift these limitations when the Ghanaian consulate in the US issue the required passports and demonstrate they can consistently provide timely issuance of documents for citizens going forward,” she said.
She warned that the scope of these limitations would include additional categories of people or discontinue additional types of visas if there was no progress in meeting the obligations in the coming months.
Responding to concerns of some of the deportees not being Ghanaian, she said it was the sovereign right of the Government of Ghana to verify their identities as Ghanaians.
She said the US would not force Ghana to take people who were proved to be non-Ghanaians.
“Both we and government of Ghana are eager to resolve this issue that has spanned two administrations both in Accra and Washington,” she said.
Ghana reacts
Government says allegations of non-cooperation by the US government over the deportation of some Ghanaians leading to visa sanction on Ghana are unfounded.
According to the Foreign Affairs Ministry, it has always cooperated and engaged the US authorities in processing and removal of Ghanaians from the US.
In a statement released on Friday, the Ministry said it has noted, “with concern and disappointment the decision of the US to implement visa sanctions on Ghana for alleged lack of adequate cooperation in accepting Ghanaian nationals who have been ordered to be removed from the US.”
It said, “As is the requirement and in accordance with international law, the Ghana Embassy in Washington DC undertakes identification and verification processes to ensure that all persons earmarked for deportation to Ghana are bonafide citizens of Ghana.”
The Ministry disclosed that as at January 8, 2019, its Washington Mission had received 28 applications from the US Authorities, out of which 19 had been interviewed by the Embassy and 11 travelling certificates issued for their travel to Ghana. It said those outstanding are as a result of doubts on their Ghanaian nationality, ill health and pending litigation in US courts.
“Officers of the US Embassy have verbally informed the Ministry that there are about 7000 Ghanaians who are at different stages of deportation proceedings. However, there has not been any confirmation by the US. authorities of a final court order for their removal in accordance with the U.S.’s own laws,” it added.
The Ministry stressed it concerns with past instances where there have been deportations of Ghanaian and the country has had a cause to complain about the manner in which the persons have been transported back home “in belly chains and physically cuffed to their seats on the aircraft.”
Following from that, it has urged the US government to recognise and ensure that deportation processes are consistent with international best practices and national laws, and must uphold the dignity of the people involved at all times including those convicted of crimes.
“It is, therefore, surprising that the US authorities would ignore the international protocols that need to be observed in matters of deportation and make allegations of lack of cooperation by Ghana.
“The Ministry wishes to state that these allegations are unfounded and the sanctions imposed on Ghana are without any justification whatsoever,” it said.
The Ministry said it is assessing the situation and would institute appropriate measures within the context of international law and the bilateral relations between Ghana and the United States in due course.
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