Batswana seeking political asylum in the US
The United States Embassy is concerned that some Batswana continue to violate the country’s immigration laws by staying beyond their visas despite the introduction of new regulations.
At the start of the year, Botswana and several other African countries joined the US’s Visa Bond Pilot Programme, where applicants are required to post a refundable cash bond ranging from US$5, 000 to US$15, 000 (P67, 400 to P202, 200) to obtain a B-1/B-2 visitor visa for business or tourism.
The programme was introduced under President Donald Trump as part of the USA’s efforts to combat high visa overstay rates and reduce the huge taxpayer costs associated with removing undocumented immigrants.
At least 12 Batswana are among the 1.4 million undocumented immigrants deported from the States under Trump’s immigration crackdown.
Despite these measures, US Ambassador to Botswana, Howard Van Vranken says some Batswana continue to overstay.
“What we’re seeing is not only are they overstaying, but they’re now applying for political asylum,” revealed Van Vranken during a recent media roundtable in Francistown.
America has two pathways for asylum seekers: the affirmative process and the defensive process.
The first is for individuals already in the country who are not in removal proceedings before an immigration court.
The latter applies to people who are apprehended at the border or at a US port of entry without proper documentation, or who are referred to an immigration judge by US Citizenship and Immigration Services (USCIS) after an affirmative asylum application has been denied.
“It shows the bond is not working because you get that money back if you don’t commit any crimes while you’re in the country. But people don’t care about the money. They still choose to overstay and then apply for asylum,” said Ambassador Van Vranken, adding this has become problematic because the asylum process can take years.
During that time, asylum seekers may become eligible to apply for an Employment Authorization Document (EAD), which grants qualifying non-citizens the right to work in the US for a specified period.
In response to questions from The Voice, the Ministry of International Relations confirmed receiving reports of Batswana seeking asylum in the United States.
The Ministry also acknowledged being aware that some citizens have overstayed their visas despite the introduction of the financial bond requirement.
However, the Ministry said it could not confirm the exact number of asylum seekers because the Government of Botswana does not routinely receive information from foreign governments regarding individual asylum applications submitted by Botswana citizens.
“Under international refugee protection standards, asylum proceedings and related personal information are generally treated as confidential,” the Ministry stated, adding it has not been informed of the reasons behind the asylum claims.
“In accordance with the 1951 United Nations Refugee Convention Relating to the Status of Refugees, asylum seekers are individuals seeking international protection because they fear or have experienced persecution based on their political opinion, membership of a particular social group, nationality, religion, or race,” the Ministry explained.
While this information could not be independently verified, The Voice has learnt that some of the Batswana seeking American protection may be attempting to avoid possible corruption charges following the completion of the forensic audit.
Although Botswana and the United States are both parties to multilateral law enforcement frameworks such as the United Nations Convention against Transnational Organized Crime, there is no formal bilateral extradition treaty between the two countries.
As a result, the surrender of fugitives would be handled on a case-by-case basis through diplomatic channels.
