The possible deportation of British-born rapper 21 Savage has struck a chord with US media and become one of the highest profile deportation cases of the Trump era. His lawyer, Charles Kuck, has called it “emblematic” and claimed it mirrors the experience of nearly 50,000 other Immigration and Customs Enforcement (Ice) detainees and immigrants.
But though 21 Savage’s celebrity, contribution to music and hefty bank account were not enough to keep him out of Ice’s grip, they may still prove powerful tools to him staying in the US, showing how money and media attention have given him a special privilege.
“Having the money to pay a talented immigration lawyer makes it more likely that you can win, but that’s often not enough,” said Benita Jain, a supervising lawyer at Immigrant Defense Project.
For example, many others caught up in immigration sweeps enter the process without lawyers. The right to a state-appointed lawyer as guaranteed in the sixth amendment but does not apply to immigration proceedings as they are civil law. Many immigrants do not know that a hearing is supposed to be requested and lawyers paid upfront. 21 Savage, by comparison, has a team of three lawyers behind him, including Alex Spiro, who was hired and paid for by Jay Z.
A 2015 study by the University of Pennsylvania showed that only 14% of detained immigrants were represented in removal proceedings.
After having paid $100,000 bail, the rapper’s trial may not start for months or even years. In Georgia, immigration cases remain pending an average of 621 days.
Many immigrants “stay in [jail] simply because they’re poor”, said Jain and, “facing the prospect of being caged for months or years … some just give up”.
Meanwhile, 21 Savage spent just nine days in custody. A 2018 analysis by Syracuse University showed that 41% of immigrants were in Ice detention for 30 days or less but about 26,071 were held for more than a month.
For those stuck in detention, conditions are hard. A 2017 internal study by Ice found their facilities lacked hygiene, delayed medical care and kept a subpar food standard, as well as “inappropriate treatment of detainees by facility staff” and a “disregard for detainees’ basic rights” at certain centers. An independent study of Irwin county detention center, where 21 Savage was held, concluded that, given its living conditions, the center should be shut down.
Most other of the 50,000 immigrants in Ice detention have not had a coalition of advocates campaigning specifically for them, a congressman willing to submit a letter of support to the judge overseeing their case and millions of tweets generating media awareness through quip or protest.
Jonathan Jayes-Green, the director of UndocuBlack, which advocates for undocumented people, said there is “a stark difference” between the support 21 Savage has received compared to other detainees. Along with Black Lives Matter and the Black Alliance for Just Immigration, UndocuBlack createda petition for 21 Savage’s freedom that garnered half a million signatures online and was later hand-delivered to the Atlanta Ice office.
“Most of our folks do not have a fan base,” said Jayes-Green. “There is some privilege in that regard. At the same time, detention is still detention and still hurts as a human being.”
“[His] case is no different than … long-term residents of the US who have overstayed their visa, who have children and other relatives who are US citizens,” said Kuck. There are about 4.2 million black immigrants in the US and 619,000 are undocumented, according to Pew Research Center.
In his case, 21 Savage’s lawyers will likely look to show that his family, particularly his children, will face “exceptional and extremely unusual hardship” if he does not remain in the US while he awaits the processing of a special visa. In the meantime, he will apply for a work permit, so fans may see his comeback tour even before the rapper receives legal documentation to remain in the country.
According to his lawyer, his immigration court date is still pending.
