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Stuck in Samoa: The US refuses to take back this ‘stateless’ man

Meet Mikhail Sebastian, whose trip to Samoa is like a real-life Tom Hanks’ ‘The Terminal.’

Samoa beach 2012 10 02Enlarge
Paradise forever? One would think Samoa is not the worst place to get stuck in for a while. But for Mikhail Sebastian, a stateless man, it's "like hell." (Hannah Johnston/Getty Images)

VIENNA, Austria — Mikhail Sebastian’s trip to American Samoa redefines the term nightmare vacation.

Instead of a five-day holiday to the lush, tropical US territory in the South Pacific, the 39-year-old has spent more than nine brutal months there caught in an immigration law hell. Experts agree it’s an unprecedented illustration of America’s broken immigration system.

The key sticking point: Though he’s lived legally in Houston and the Los Angeles area for years under a special arrangement with the Department of Homeland Security, Sebastian is stateless, with no citizenship at all. The federal government argues that during his vacation he “self-deported” from the United States — despite the fact that American Samoa is a US territory.

Now the part-time travel agent and barista is stuck on the 76-square-mile island as federal and local officials hash out what to do with him. Though the local government is putting him up with a local family and giving him a $50 weekly allowance, Sebastian can’t work under American Samoan laws and can’t travel off the island.

Most days, he can be found at the local McDonald’s using an internet connection to post online appeals, while drawing the sympathy of doting locals, who have been circulating petitions to get him back home. He’s living a sweaty Pacific island version of “The Terminal,” the movie in which Tom Hanks plays a traveler who loses his citizenship and is stuck in an airport.

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“It’s horrible here, it’s hot it’s making me sick, I can’t stand it anymore” Sebastian told GlobalPost over Skype recently. “I just want to go home.”

Charity Tooze, a spokeswoman for the United Nations High Commissioner for Refugees’ (UNHCR) office in the United States, which is advocating for Sebastian, said: “There’s a big gap in the legal structure of the United States when it comes to stateless people, and Mikhail has fallen right through it.”

Mikhail Sebastian is not happy in what could be his permanent new home, Samoa.
(Courtesy of Mikhail Sebastian)

Stateless in America

To understand Sebastian’s case, one has to grasp the problem of statelessness in America.

At least 4,000 people in the United States don’t have citizenship in any country, through no fault of their own, according to advocacy group Refugees International.

In some cases, countries use nationality as a political tool, stripping people of their citizenship when they’re abroad. Other times states simply cease to exist, and no one will recognize their former citizens.

That’s what happened in Sebastian’s case, which is no simple matter. He is an ethnic Armenian born in what is today Azerbaijan, but when the Soviet Union broke up, Azerbaijan refused to issue him a passport because, he claims, of his Armenian background. 

But Sebastian adds that he has been unable to convince Armenian authorities to grant him a passport either. The explanation, he says, is that Armenia isn't convinced of his ethnicity and won't grant him citizenship under its laws.

The US immigration system can offer stateless people a path to legal residency and possible citizenship if an asylum claim is accepted.

But often, as in the case of Sebastian, stateless people end up in a legal twilight zone of sorts. His asylum application was rejected in 1996, the year after he came to the US on a business visa in his USSR passport and decided he wanted to stay in the country.

After a judge ruled in 2002 that he should be deported, Sebastian was jailed for six months. But since no country would accept him, officials released Sebastian with a work permit and the stipulation that he regularly check in with immigration authorities, records show.

“People like this find themselves in a very precarious position, where there aren’t really any remedies for them at all,” said Maureen Lynch, an expert on statelessness affiliated with the International Observatory on Statelessness in the United Kingdom.

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They can end up living in permanent quasi-legality — often until their deaths, Lynch said.

http://www.globalpost.com/dispatch/news/regions/americas/united-states/121002/stuck-samoa-us-refuses-stateless-Mikhail-Sebastian

Jean Katz More than 1 year ago
Time to show mercy make an exception and let him go back to the mainland.
Alejandro Lara More than 1 year ago
Hello All, we met Mikhail this morning monday 15, we are very sorry for his situation, we have exactly the same time stuck in American Samoa because nobody cares about our situation, we have reported to EEOC, DOL, OIG, ICE, FBI , Human Righ ts, newspapers, tv channels, you name it , I was unlawfully terminated and my fiancee sponsored with false pretensions, we have all evidence, documents, we are living in a shelter , where is US justice? this is a US territory, last friday immigration took our passports, we do not know what are their intentions, we came here to work hard because the opportunity they offered to me, we had a lot of plans and ilussions, in good faith, a lifetime experience became our lives worst nightmare. We are from Mexico and Guatemala, where is US justice.????? We know Mikhail's case is different but the fact is we are three persons that feels , with family waiting for us, children, we are paying other's negligence , we are not crimimals , we have not harm any body, why treating us this way? Please pray for Mikhail and Us.