U.S.-Vietnam Repatriation Agreement: What to Know

Summary: The 2008 repatriation agreement between the United States and Vietnam no longer protects Vietnamese immigrants who arrived in the U.S. before July 12, 1995, from deportation, as it was amended in 2020.

Frequently Asked Questions

1. Has the U.S.-Vietnam repatriation policy changed?

Yes. Initially, the 2008 agreement limited deportations to those who arrived in the U.S. on or after July 12, 1995 (“post-95” immigrants). However, in 2020, a new agreement created a process for deporting those who arrived before 1995 (“pre-95” immigrants) as well.

2. What did the 2020 agreement change?

In November 2020, Vietnam and the U.S., under the Trump administration, signed a new agreement that created a process for deporting “pre-95” immigrants, expanding the scope of deportations beyond what was originally agreed upon in 2008.

3. Does the United States deport “pre-95” immigrants now?

Yes, the United States now deports “pre-95” immigrants. However, in order for a deportation to occur, Vietnam must issue travel documents. Vietnam currently issues a limited number of these travel documents each year.

4. Who is eligible for deportation under the U.S.-Vietnam repatriation agreement?

Under the agreement, Vietnam “intends to issue travel documents where needed” and “accept the removal of an individual from the U.S.” who meets all of the following conditions:

• • They are Vietnamese citizens and do not hold citizenship in any other country.
  • They have violated U.S. law and have been ordered removed by a U.S. authority. If sentenced to prison, they must have completed their term or been released early by order of a U.S. authority.
  • They resided in Vietnam before arriving in the U.S. and have no legal right to reside in any other country.

5. Does Vietnam automatically accept all individuals who are ordered removed by the U.S.?

No. The Vietnamese government must issue travel documents before deportation can proceed. Without these documents, deportation cannot occur.

6. Does the U.S. give individuals time to prepare before deportation?

According to the MOU, the Department of Homeland Security (DHS) is supposed to allow Vietnamese citizens ordered removed a reasonable amount of time to arrange their personal affairs before deportation. However, this is not guaranteed and is determined at the discretion of DHS.

Links:

2008 Repatriation Agreement, signed January 22, 2008

2020 Amended Repatriation Agreement, signed November 21, 2020

How to Prepare for Immigration Enforcement Changes

The new presidential administration has openly stated its intent to target immigrants, especially those with past criminal convictions. Even minor offenses can have serious immigration consequences. It’s crucial to take proactive steps to protect yourself and your loved ones.

Thank you to Jacqueline Dan for compiling this important list of actions:

1. Families and individuals should take proactive steps to understand your rights

2. Get all of your immigration records (USCIS FOIA for A file)

3. Get all criminal records (Superior Court, Appeals Court)

4. Get involved in the community, join an organization or network

5. Seek legal counsel if possible or get a legal consultation

6. Start post-conviction relief (PCR) immediately

7. Keep the community updated on any obstacles and successes

8. If you or a loved one is in detention, prepare for the possibility of deportation.

• This includes packing a 40-lb luggage with essential items for them.

Key Resources

Immigration policies and procedures are constantly changing, so it’s important to ensure you have the most up-to-date and accurate information. Where possible, we’ve included dates to show when resources were last updated. If you want to double-check any details, we encourage you to reach out to VietRISE or consult with an attorney.