I'm a U.S. Citizen and my Wife Was Deported
Published July 10, 2009 @ 07:42PM PT
This week's guest Dream Act guest post is written by Brian, a U.S. citizen, and his mother, Debra. Visit Dreamactivist.org to find out how you can help pass the Dream Act.
Brian:
I want to tell the story of my wife, through the eyes of my mother. My wife would have been someone who would have been the ideal Dream Act beneficiary. Instead we were harshly deported. My mother's story, below, is a very heartfelt outline of what has happened to us.
Debra:
As I write, my daughter-in-law, Anya is on a plane, headed to the Ukraine, with my only grandchild in her womb. It is difficult to see the words on my computer screen, through the tears that are falling uncontrollably. These tears began a little over two months ago when I first heard that the U.S. Immigration and Customs Enforcement (ICE) had issued a final order of deportation for Anya. After appealing to the court for several years to obtain legal status, all of her requests had been denied and she had no further legal options. Now she must leave and is banned from re-entering the U.S. for 10 years.
I cry because Anya is being treated so unfairly. At the age of 13, Anya came to the U.S. ten years ago with her mother. Her mother overstayed her visa. As a young child, Anya was unaware of the fact that she was not following Immigration laws, and would have been incapable of leaving on her own even if she had been aware and understood the laws. So now she is being severely and cruelly punished for actions that were beyond her control.
I cry because this is creating such an emotional and financial hardship for this young couple. My son Brian married Anya in December of 2007. They were excited to learn in January of this year that they will be having a baby (a girl!) in September. At what should be such a joyous time, they are having to deal with leaving behind all their family, friends, jobs, and everything that they have worked so hard for in their lives. This is a very frightening experience because they are being forced to go to a country that neither of them know. Brian cannot speak the language and it will be highly improbable that he can find employment there.
I cry because I am scared for their well being. They will lose their medical insurance, which is much needed not only for the delivery of the baby, but also to cover the enormous medical bills that Brian incurs because of a severe case of Crohn's disease. He needs surgery in the very near future. The U.S. embassy recommends that anyone with health problems not travel to the Ukraine, because of the poor medical facilities. They advise purchasing evacuation insurance in case of needing medical care. Because Anya does not have a passport, traveling to another country to help insure the safe delivery of the baby would not be an option. It is for this reason that she has returned to the Ukraine three months before her deadline. She is hoping that she can get her Ukrainian passport and get to a country that has good medical care before the baby is due.
I cry because this whole situation makes no sense. Anya has done nothing wrong. She was an honor student throughout high school and college. She worked hard to pay her own way through college and received a degree in interior design. Her talent enabled her to quickly secure a job. She paid taxes on her income. She never did anything illegal - not even a parking ticket. The only reason ICE had to deport her was the fact that her mother overstayed her visa. She was hurting no one and contributing greatly to society. Her deportation is devastating to a great many people left behind.
I cry because there are people with the power to destroy other people's lives in our government that have become obsessed with their power and have no compassion. Sirce Elliott, the Assistant Chief Counsel in this case, had the legal power to postpone the deportation until after the birth of the baby. This would have hurt no one and would have helped insure the safe delivery of the baby. When asked if she would show mercy and allow this, she replied that there was no way that she was going to allow that to happen. She had initially agreed to allow 60 days from the final court date for voluntary departure, but when she saw that the judge had set the court date in July, she changed it to 30 days to make sure Anya didn't have the opportunity to have a safe delivery in the U.S. This makes no difference on the citizenship of the child. My son can go to the U.S. Embassy and fill out a form wherever the child is born, and she will be a U.S. citizen. So I can't understand why this lady is being so hateful. Anya has done nothing wrong and has always done everything the courts have instructed her to do. All this will do is perhaps put a poor innocent baby's life in jeopardy if she needs health care that is unavailable.
I cry because I am so reminded of the Nazi party in Germany when I read about the way ICE treats immigrants in the U.S. I used to wonder how the Germans could be so unaware of how the Jews were being treated in their country. Now I understand. Until this happened to our family and I started doing some online research, I was totally unaware of the horrible way immigrants are being treated in the U.S. by ICE. It is shocking to me that humans could treat other humans this way.
I cry because my son feels betrayed by his country. I cry because I have lost the belief that I am fortunate to live in a country that treats people humanely. I cry because the political leaders that we helped elect refused to help. I cry because I've discovered that Anya's case is not unusual. This is happening to thousands of other young people. I cry because there is nothing else I can do for Anya and Brian and my granddaughter.
Although it is too late to be able to help Anya and thousands of other families that have already been torn apart, there was a bill introduced into Congress that would help thousands of other young people in our country in similar situations. It would give young people who came here as children a pathway to become legal residents if they stay in school and stay out of trouble. Without a bill of this nature, thousands of bright, talented young people with much to contribute have little hope for a successful future. Instead they face Anya's fate - being ripped apart from everything that matters to them and sent to a strange land where it will be very difficult to survive. And all because of circumstances that were totally beyond their control.
For more information and to sign the petition which will be sent to your Congressmen, please go to this link.
Please forward this email to everyone you know. Feel free to post it on any social networking sites. Send it to your Congressmen and tell them that you want them to support the Dream Act. The citizens of our country need to be made aware of the terrible injustice and horrible treatment that is happening to thousands of young, innocent, decent, hard-working people who have done nothing wrong.
Tearfully,
Debra Hahn
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Comments (61)
Comments on Change.org are meant for further exploration and evaluation of the ideas covered in the posts. To that end, we welcome constructive comments. However, we reserve the right to delete comments that are offensive, abusive, or off-topic; that contain ad hominem attacks; or that are designed to subvert or hijack comment threads rather than contribute to them. Repeat offenders may be permanently removed from the site at our discretion.
Author
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David is an attorney in Philadelphia, PA, where he helps immigrants to the U.S. navigate the complex immigration legal system. Views he expresses at change.org are his alone and don't represent the views or opinions of his employer, Nationalities Service Center. The information contained on this site is intended for educational and advocacy purposes only.
Mr. Bennion, I'm not being devious when I ask this question.... Did her husband ever apply for permanent residence for her? If so, why wasn't it granted?
Posted by L.S. hope on 07/11/2009 @ 12:11AM PT
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I don't know the details of the case. I doubt that Brian simply "forgot" to apply for his wife. Adjustment of status to permanent residence based on an approved I-130 petition is a valid and often-used defense against removal in proceedings. However, if Anya had overstayed her visa after entering w/ her mother as a child, once she turned 18 she would have begun accruing unlawful presence under the restrictive law signed by President Clinton in 1996. If she then left the U.S. to Mexico or Canada, however briefly, she would have triggered a 10-year bar to adjustment which is very difficult to waive. I'm speculating here, but perhaps something like that happened.
Another possibility is that the marriage took place after she was put in proceedings, in which case a higher standard of proof is required to show the marriage is a good faith marriage. Many I-130s filed in good faith marriages are denied due to the skeptical disposition of many USCIS adjudicators and their flawed procedures for distinguishing fraudulent marriages from real ones. There are many other ways to become inadmissible, and again, I don't know the details of the case other than what is written above.
Posted by Dave Bennion on 07/11/2009 @ 08:35AM PT
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Anya's mother entered the country on a fiancée visa. Because of personal reasons, she did not marry the person named on the visa. She later married another American citizen and was granted a hardship waiver - she was allowed to stay because her deportation would cause a hardship on her ill husband. Anya was also covered under this waiver while she was a minor. When she came of legal age, she began petitioning the court for permanent legal status. After several years of hearings, it was determined that according to the immigration laws, because her mother did not marry the person named on the fiancée visa within 90 days, Anya's status cannot be adjusted. The judge stated that there is no waiver available to adjust her status. The courts did accept the I-130 and agree that it is a bona fide marriage, but they still cannot adjust her status until after the ten year ban is over. This ban is in place because the fiancée visa was overstayed by more than a year.
Posted by Debra Hahn on 07/11/2009 @ 09:03PM PT
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Why is Anya be punished for decisions made by her mother? USCIS needs to look beyond the fact that Anya was brought into the US, as a minor, under her mother's fiance visa. Regardless of whether her mother married the person stated on the visa, she did end up marrying another American. I'm not sure of Anya's mother's status, but it is clear that once Anya became a legal adult, she attempted to correct her status. She has taken all the right steps in order to secure her future. The marriage is bona fide. USCIS is making a gravely erroneous decision and what seems to be unconstitutional.
What about a waiver of extreme hardship? Especially due to the fact that your son suffers from Crohn's disease and will need serious medical attention and intervention. What about the fact that your son (and possibly Anya) do not speak the language well or at all. What about the fact that they will be in a country with no economic security or stability - the difficulty in finding work and being to provide for their family. US immigration is clearly denying basic rights to an American citizen in this case. This decision is criminal, not the marriage.
Posted by Michelina Docimo on 07/12/2009 @ 05:49AM PT
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The chief counsel and judge handling this case are very aware of all of the facts of this case and the hardship that Anya's deportation will place on her husband. They have been given his medical reports and letters from his doctor stating that he needs surgery. The judge still ruled that no waiver is available to her, which would include a hardship waiver. This is how the law is written. They referred to INA 245(d)...The Attorney General may not adjust, under subsection(a), the status of a nonimmigrant alien described in section 101(a)(15)(K) except to that of an alien lawfully admitted to the United States on a conditional basis under section 216 as a result of the marriage of the nonimmigrant (or, in the case of a minor child, the parent) to the citizen who filed the petition to accord that alien's nonimmigrant status under section 101(a)(15)(K).
In February they were seeking a continuance in this matter, while awaiting the approval of the I-130, so that they could file a hardship waiver after the I-130 was approved. This is the response of the Assistant Chief Counsel for the U.S. Department of Homeland Security to that request- "Respondent entered on a K-2 visa sponsored by XXX [the person her mother was suppose to marry]. Because Respondent's mother failed to marry XXX within 90 days of entry, Respondent cannot adjust her status. In addition, there is no waiver available that would allow Respondent to adjust her status. Because Respondent cannot adjust, regardless of whether the most recent I-130 is approved, the Department opposes a continuance in this matter. The judge denied the continuance. They then issued the final removal order.
The fact that the deportation is putting Anya's American citizen husband's health in great risk, and potentially the health of Anya and the unborn child does not matter to ICE or the Immigration judge. They are unconcerned about the hardships that will result from them having to go to a country that they advise U.S. citizens not to visit if they have any health problems. They are unconcerned about what kind of future this young family will face because of the many obstacles that they will surely encounter. Their only concern is that if the law says she shouldn't be here, they should deport her as quickly as possible. Although they could have easily allowed her to stay through the birth of the baby, they were going to make sure that didn't happen. I think their acronym says it all- they have hearts of ice.
Posted by Debra Hahn on 07/12/2009 @ 07:57AM PT
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Citizenship matters. Anya's mother commited a crime and Anya's mother chose to burden her child with being stranded in a foreign country. Anya is apparently a citizen of the Ukraine, not a U.S. Citizen. If we ignore Anya's mother's crime, are we not rewarding criminal activity? Are we not then encouraging other foreigners to come to the United States illegally in the hopes of getting their children U.S. citizenship?
At what point do the citizens of other countries assume some responsibility for the situation in their own country? If citizens of other countries like the freedoms and liberties that our Constitution guarantees, why don't they work towards establishing liberty and justice in their own countries?
It is ridiculous to think the United States can accomodate everybody on the planet that wants to come live here. The United States already allows more "legal" immigration than the rest of the world combined!
Look at the raw numbers and it becomes clear quickly that if the United States does not get control of its borders and start enforcing its immigration laws, that in just a few decades the United States will become a 3rd World country.
Peoples of the world look to the United States and admire and lust after the opportunites here... opportunites that only exist because of the Constitution and the "rule of law," yet they rook-and-crook the system, subverting our laws, snubbing their nose at our Constitution, and ply on our sympathies for their own personal gain, with no consideration for what this mindset is doing to the country they lust after.
Simply put: everybody on the planet can NOT migrate to the United States. The citizens of the United States are the most generous people the world has ever known, but there is a limit to that generosity. We MUST put our own families, communities, and country first.
Anya's mother came here as a "guest," over-stayed her welcome, and gambled with her own child's future by keeping her in a foreign country in direct violation of the laws of that country. Anya's mother is the villian here, NOT the United States, NOT Immigration Customs Enforcement, and certainly NOT the Unites States citizens who rightfully expect the "rule of law" to prevail.
Debra Hahn's son "chose" to marry an illegal alien foreign national. He also gambled with his own future and happiness. The United States is a sovereign, not governed by the "whims of men," but by the rule of law.
Elected officials have a sworn obligation to uphold the Constitution, the rule of law, and to put the best interests of the citizens of the United States first and foremost.
Much like the oath men and women take upon entering into marriage, there is a sacred pact and trust between "We the People" and the people we elect.
Lawyers that attempt to subvert the rule of law by promoting sob stories from criminal foreign nationals who subverted our laws do a dis-service to their oath to uphold the rule of law.
Do we allow criminals to simply go free because their children might be disadvantaged by enforcing the law? The laws apply to everyone, not just those without children.
Parents who act irresponsibly are to blame for burdens imposed on their children. We simply cannot reward the illegal actions of Anya's mother by granting her amnesty. Call it what you will; that is what it would be.
In the bigger scheme of things, what message are we sending future foreigners who cast a gleenful eye at the United States? If we do not enforce our immigration laws, we are sending a message to other irresponsible gamblers like Anya's mother that they too can come to America under false pretense, or over-stay their welcome here, and their children will get a 'free pass' because everyone knows we don't enforce our immigration laws.
This behavior is irresponsible, and perpetuates more of the same. Anya should be mad at her mother, not the U.S. Debra should be mad at her son for setting himself up to be potentially separated from his illegal alien foreign national fiance/wife.
The Dream Act is a "nightmare" for U.S. Citizens who are themselves trying to make a future for their own children. The Dream Act is a betrayal of the sworn obligations of elected officials to uphold the Constitution, to protect us against invasion as Article IV, Section 4 guarantees.
In 1986, the U.S. granted amnesty for millions of illegal aliens and their families, and the flood of illegal aliens into our country increased.
In 1996, the U.S. granted amnesty for millions of illegal aliens and their families, and the flood of illegal aliens into our country increased yet again, with the citizens of foreign countries believing they need only get their foot on U.S. soil before the next amnesty came around.
Here we are 13 years later, and our short memories are setting us up for another amnesty. Each time we "supposedly" fixed the problem, we failed yet again to actually fund and enforce our laws.
Now we have tens of millions of illegal alien foreign nationals and their children whining and pining for us to once again ignore the rule of law, and to ignore the Constitution.
Enough is enough! We need to start enforcing our immigration laws, deporting illegal alien foreign nationals, securing our borders and ports of entry, and reducing legal immigration to levels that are in the best interest of the American people.
We also need to start punishing insurrectionist lawyers who pervert the legal system and the rule of law by twisting the truth to suit their goals, filling their pockets with monies extorted from foreigners that are trying to subvert our legal system for personal gain.
Posted by Jeff Lewis on 07/11/2009 @ 10:27AM PT
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Overstaying a visa is not a crime.
Curious as to what a "gleenful eye" is.
Also, I'm happy to be an "insurrectionist lawyer" tho my goal is usually to get DHS/DOJ to respect the rule of law and the Constitution, not ignore it as they too often do. As I work for a nonprofit my pockets are not as full as you might suppose.
Posted by Dave Bennion on 07/11/2009 @ 11:08AM PT
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FIRE melts ICE and ICE smothers FIRE rendering useless mass and futile energy to just blow off steam.
In several articles regarding marriage and immigration on change.org, several comments have been posted that the spouse should have known that marrying someone out of status would create a dilemma. Or they go even further and get as personal as a couple's counselor stating that the spouse "chose" to marry or fall in love with a foreign national risking their own US born or naturalized Constitutional rights of life, liberty, and the pursuit of happiness. And what about religious rights? For many, marriage is still a sacrament - it is a sacred bond. But here, man is intervening between what God has chosen to unite. For others, it is convenience and they can "choose" a life partner based on what would be an easier and more comfortable life. Sometimes I think the American culture has devalued family so much that they do not see the destruction these immigration laws are creating at the base of community. Community begins with family. Can you imagine your life with another person because you were forced to make a decision of where to live and who to love? Both Love and Justice are represented as blind. But do these political representatives and immigration officers really have to be deaf and dumb too? Debra and Brian's plea, along with many other Americans in similar situations, are begging to open the eyes of immigration reform. The fight for reform is not only about safeguarding the Mexican / US borders. It’s about keeping family unity and having an opportunity to contribute to American society. It is clearly evident in this story that at the age of thirteen, Anya was not aware of the legalities and complexities of the immigration system. She lived her life as any other normal teenager, went to school, earned a degree, found a job, married, and began a family. And now, at such a critical point in her life, about to give birth, she is under the stress of being separated from her husband and deported to the Ukraine. If I were the chief counsel to have made this decision, I would be completely embarrassed tossing and turning at night - probably alone.
Posted by Michelina Docimo on 07/11/2009 @ 08:27PM PT
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in order for Ayana to return back to the states before the 10 year bar... she would have to show that her absence would result in an "extreme" hardship to her U.S citizen spouse (Brian)... the extreme hardship waiver is the most ridicoulous thing I've ever herd. Brian has to have a serious ilness or have 6 kids with Ayana in order for him to be with her...
so i suggest for people who are here undocumented to start marrying spouces who are dead ill.
Posted by Alex Shqipe on 07/12/2009 @ 07:47AM PT
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Your post resounds nationalistic fervor as an excuse to overlook our humanity. Regardless of country or place of birth, making the right and just decision in matters is key to the successful growth of any nation, state or human. To do otherwise is what will allow for the reversion to a third world country.
Posted by Michele Rodriguez on 07/12/2009 @ 09:33AM PT
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Overstaying a visa is not a crime
So why does such an act carry a penalty? That's because:
Posted by Wire Paladin on 07/15/2009 @ 03:46AM PT
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This is cruel and unfair. Anya should not be punished for what her mom did. It's totally stupid. She's about to have a baby and her husband is sick and I don't know much about Ukraine but the situation for them there sounds terrible. This is the kind of injustice that makes me and God angry. Those people at ICE don't care that Anya is about to have a baby or that Brian is sick. All they look at is her legal status. They're so hateful. God loves everyone including illegal immigrants. That's why I support the DREAM ACT. Immigrants aren't bad. We're descended from immigrants. They're just trying to make a life for themselves. If I had the opportunity to help someone with an illegal immigrant's status, I would do it. No matter what the law might do to me.
Posted by Casey Williams on 07/19/2009 @ 10:26PM PT
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It is because of people like Jeff that innocent people are treated as common criminals. People are people regardless of where they are from. Isn't that what we were taught? America was formed on immigrants arrivng here. To punish a child for the acts of her mother is inhuman and cruel.
So what now this country wants to correct its wrong by going back years and years and throwing out kids of parents who probably had no idea what the consequences would be now?
Ignornace is the biggest problem in America. Many never have left their own borders and think they know what is right or wrong.
Sure immigration laws should be obided but there are and always will be the exception to this potential life threatening law. Have we become so racisit that we tolerate any inhuman treatment of anyone who crosess the borders anymore?
By becoming this nation of heartless thugs in tossing out innocent people to a strange country that could cost them there lives makes us no better than many other horrible 3rd world countries out there.
We are indeed creating another houlocaust that Hitler did with the Jews by treating people like this. This angers me to no end!
So we raise our children and make sure to instill to them it is not acceptable anymore to marry anyone not a U.S. Citizen? We better remove all online dating sites and teach this in our schools to avoid any contact of any kind with anyone located outside the U.S.A. to avoid this monstrerous outcome that can happen to anyone.
Innocent children being severally punished for the ignorance of their parents is no better than what Hitler did! Your attitude scares me......
Posted by Denise Smith on 10/09/2009 @ 04:27AM PT
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WABOS! ¿Did you say «It is ridiculous to think the United States can accomodate everybody on the planet that wants to come live here»? ¿Everybody? ¿Where did this everybody come from? ¿How did you get from one man's wife to EVERYBODY? ¿Is that how far you have to go in order to rationalize a nation of immigrants hating immigrants for being immigrants? ¡Find another dog for that bone!
Posted by Carlos Hawley on 10/23/2009 @ 01:15PM PT
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Excellent point and excellent post, Jeff. I am sure they will fall on deaf ears for many in here though.
Posted by Mark Lindley on 07/11/2009 @ 03:59PM PT
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"Excellent point and excellent post, Jeff. I am sure they will fall on deaf ears for many in here though."
what excellent points, another someone with no knowledge how anything in immigration works. He hasnt done it himself and he doesnt have any idea on why ICE was formed and what priorities were set forth by DHS or why people come here in the first place.
all i hear is this criminal criminal b.s. overstaying a visa is not a crime, and neither is entering illegally. a crime usually lands people in jail to do time. isylum seekers overstay visas because they file for isylum, theres no special "isylum" visa, so her parents came here and went through the legal chanels to obtain a green card. many isylum seekers come illegally from the border. some are granted isylum, some are not, you can see judge Sandy Hom having a 98% denial rate while another judge in the same district has a 45% denial rate.
thousands of Iraqi and Kurds are sneaking into European countries because of the war. the EU has to pay the price for the wars the U.S has been involved in.
why don't they work towards establishing liberty and justice in their own countries?
are you serious?? sure, why didnt the jews fight against the Nazis during WWII. you have no idea what is going on beyond the wall of the house you live in.
This woman's son fell in love with this person, also had a child with her. the reason why every developed nation accepts spouses of their citizens is because of LOVE. this woman had the chance to adjust her status (witch is allowed) in order to have a saying in her status.
Jeff is part of an organization called "FIRE" that has a bunch of pictures of people killed by illegal immigrants. um Jeff, NOW you found real criminals, deport them, send them to jail, I dont support those people, they would kill my child and yours regardless of who is a citizen or not. Perhaps ICE should focus more on capturing those people that killed those little kids.It was set as a priority for them in 2003 when they first got created.
and he has a pic comparing the May marches to the marches of the Nazis in the invasion of Poland. come on dude, are you kidding me. its just a march. no1 is trying to invade anyone. those who think like that should just go back.
As far as the 1986 Amnesty goes, it was for 3 million people. like Chummer said, eliminating future flow of illegal immigrants; creates a door for people to come here properly, for the immigrant themselves and for the security of this nation. secure the borders, who ever is open border advocate is ruining it for everyone else who is desperate for a solution. we cant have everything...
immigration happens for a reason, its no easy for someone to wake up one morning and say "hey im gonna go to America b/c i got everything layed out for me there"... if you are a U.S citizen, think about why you wanna stay here, and think about what IF this country looked like Berlin in 1945. its about stoping the exploitation of other countries in order to have a lavish life ourselves. I dont see anyone from France coming here, neither i see anyone from Germany. trust me, no1 would move if they are ok back home. being ok back home has allot to do with U.S.
and you say you wanna reduce legal immigration levels, why?.. because you have already set your foot on the door and you slam it to anyone behind you. there will never be a 0% unemployment, lets face it not everyone is made for work. this country offers sutch great benefits to its people, that soo many of them abuse.
instead of people thinking about how people enter, think more about how you inmpact society and what good you provide... you get your greencard in 6 months, what ever you do after that; no1 can touch you.
Posted by Alex Shqipe on 07/11/2009 @ 05:39PM PT
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Have you ever tried to see things through someone else's eyes? Try really hard to imagine this- you wake up tomorrow morning and someone is knocking on your door. They tell you that because of something your parents did many years ago, you are being kicked out of the country and will not be allowed to return for ten years. You had no control over your parents actions. You must now leave behind your family, friends, job, health insurance, and most of your belongings. You have to go to a country you don't know, cannot speak the language, and most likely will not find employment. How would you feel? Certainly you would feel anger at your parents for putting you in this situation. You would also feel anger that such an unjust law is in existence. What did you do wrong? You were an honor student, you worked hard and paid your own way through college, you never broke any laws, you have a social security number and have always paid your taxes. You are married to an American citizen and have American children. Why is everything that is important to you being taken from you and then you are being placed in an impossible situation and will not be allowed to return even for a visit for ten years. How will your family cope without you? Do you really believe that this is not cruel punishment on an innocent human being? Really try to imagine this. If you were unfortunate enough to find yourself in this situation, I'm sure your views would change. If our present immigration laws were in effect when your ancestors first came over, do you think that you would be here today? Do you think that they could have afforded to hire lawyers to help them get through the legal maze of trying to obtain citizenship? What if they could afford a lawyer, and he made a mistake on the paperwork, and by the time they found out about it, it was too late. There are many, many reasons why some people in our country do not have legal status. Many of the reasons have to do with a lack of money to hire a reputable lawyer or misunderstandings of the extremely complicated immigration laws.
Anya has not been in the country illegally. Her mother entered the country on a fiancée visa, but for personal reasons did not marry the person named on the visa. She later married another American citizen. She was granted a hardship waiver and allowed to remain in the country because her deportation would cause a hardship on her U.S. husband. Anya was also covered under this waiver while she was a minor. She was given a social security number and allowed to work. When she turned 18, she began petitioning the courts to change her status to that of a legal permanent resident. After several years of court hearings, the courts determined that because her mother did not marry the person named on the fiancée visa, Anya could not adjust her status. They then issued the deportation notice. I do not condone her mother's actions. But as a human being, I find the punishment for her mother's actions that has been inflicted upon Anya to be horrific and totally unnecessary. I cannot begin to imagine how frightening this must be to Brian and Anya. I can't imagine what I would do if someone stuck me on a plane to a strange, third world country and said I couldn't come back. And I wouldn't have a passport to be able to leave that country either. I could go on and on about the difficulties that Anya has encountered and the conditions that she has had to endure, but I have a feeling that none of this is going to change your views anyway.
I am not advocating amnesty for illegal aliens. I do believe that our Immigration Laws are in desperate need of repair, as can be seen in Anya's case.
The Dream Act is not amnesty. The young immigrants that came to the U.S. as children would have to meet strict requirements in order to be eligible for a pathway to citizenship.
What ever happened to our country's desire to welcome those less fortunate into our land of opportunity. Should we remove this plaque from The Statue of Liberty? Perhaps we should dismantle the entire statue. I get the feeling that it doesn't reflect the present views of a great many Americans.
The New Colossus
Not like the brazen giant of Greek fame,
With conquering limbs astride from land to land;
Here at our sea-washed, sunset gates shall stand
A mighty woman with a torch, whose flame
Is the imprisoned lightning, and her name
Mother of Exiles. From her beacon-hand
Glows world-wide welcome; her mild eyes command
The air-bridged harbor that twin cities frame.
"Keep, ancient lands, your storied pomp!" cries she
With silent lips. "Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!"
—Emma Lazarus, 1883
The New Colossus
Not like the brazen giant of Greek fame,
With conquering limbs astride from land to land;
Here at our sea-washed, sunset gates shall stand
A mighty woman with a torch, whose flame
Is the imprisoned lightning, and her name
Mother of Exiles. From her beacon-hand
Glows world-wide welcome; her mild eyes command
The air-bridged harbor that twin cities frame.
"Keep, ancient lands, your storied pomp!" cries she
With silent lips. "Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!"
—Emma Lazarus, 1883
Posted by Debra Hahn on 07/11/2009 @ 08:45PM PT
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It is really very smple. We can no longer be the scapegoat for the world's poor and destiute in large numbers. That is why we have immigration laws and policies today. It is called common sense and puttiing Americans first. If they can't fix their own countries that is their problem not ours. Although I am all for encouraging those countries to fix themselves so that their citizens want to remain in their homelands.
Posted by Mark Lindley on 07/12/2009 @ 10:12AM PT
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Mark, you've been consistent in your position. But here we're not just talking about foreign nationals, but about U.S. citizens. Are you willing to make any exceptions, for instance in a case like this where Debra will be separated from her son and her only grandchild for at least 10 years? Where Brian and the baby have health needs that may not be met in Ukraine but their only option to stay together is to move there?
If not, what do you have to say to Debra about your support for laws that will keep her family apart and place their health at risk?
Posted by Dave Bennion on 07/12/2009 @ 10:41AM PT
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we're not just talking about foreign nationals, but about U.S. citizens
I believe the US citizens we're talking about are minor children, who are the responsibility of their parents.
Posted by Wire Paladin on 07/15/2009 @ 03:38AM PT
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We're talking in this case about Debra and Brian, both adults.
Posted by Dave Bennion on 07/15/2009 @ 07:49PM PT
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I think we should take it case by case and perhaps fine tune our immigration policies. I do however as you well know Dave, object to a blanket amnesty/legalization for the several million that are here.
Posted by Mark Lindley on 07/12/2009 @ 10:55AM PT
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Mark, until this situation happened to my family, I was like most Americans in my naive belief that our government would never deport a hard working, law-abiding person, married to a U.S. citizen and expecting his baby, and who was trying to become a permanent legal resident and following all of the orders of the court during that process. I didn't believe that my government could be so cruel and uncaring. When it became clear that they indeed planned on deporting her, I began researching on-line to see if I could find similar stories that possibly had a good outcome. I was shocked by the magnitude of this problem. This wasn't just happening to Anya, it was happening to thousands of other young, hard working people in our country. People who, through no fault of their own, were being torn from their families and sent to countries they didn't know. From the stories I read, as tragic as Anya's situation was, I began to feel like she was one of the lucky ones. At least she didn't get handcuffed and dragged off to a detention center to sit as long as they wanted to hold her, in horrible conditions while awaiting her deportation. Anya's case was heard on a case by case basis. The judge and chief counsel did have some discretionary power. I listened in disbelief when I was told that the chief counsel stated she would see to it that the baby wasn't born here. They could have postponed the deportation. That's the problem with relying on discretionary power. Your future may depend entirely on whether or not the person making decisions has had a bad day or not. There needs to be written immigration laws that take common sense and human compassion into account. People should not be severely and cruelly punished for things that as minors they had no control over. The Dream Act is the only proposal that I have seen that would prevent this insane injustice being inflicted upon thousands of our country's youth. Until something is done, thousands of families will continue to be torn apart. Something needs to be done quickly. Unless this happens to you or someone you love, you can not begin to imagine the heart ache and suffering that it causes to many, many people (U.S. citizen people, if that makes a difference to you).
Go to YouTube and search Brian and Anya Hahn. Watch highlights of their wedding. See Anya playing with their puppy, which they got before they were aware that our government would deport Anya. See her in the house that they planned on buying in August and decorating and furnishing one room as a nursery. Look at her innocent face and explain to me how my government, my son's government, could do this.
Posted by Debra Hahn on 07/12/2009 @ 01:50PM PT
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I am living the heartache!!! When my husband and I attempted to cross the border (believing that we had gone thought all of the proper channels and that all of our documents were in order), the border patrol agents told us that we needed to park our vehicle "Over There", while they talked to us and try to sort everything out. After talking to us for only a moment, my husband was removed from the vehicle, handcuffed, arrested and taken into custody for "Entering Without Proper Documentation". After which they threatened to arrest me and seize my vehicle for "Transporting An Illegal Immigrant". My husband pleaded with them to please leave me alone and that he would do whatever they said if they did not arrest me. At which point, he had to sign a document banning him from the US for 5 years (the 5 years is up in August 2011). Then he was deported back to Mexico (we were literally 50 feet from the border). THE PART THAT UPSETS ME THE MOST... WHY COULDN'T THEY JUST TELL US THAT OUR PAPERS WERE NOT IN ORDER AND TO GO BACK TO FIX THEM!!! INSTEAD OF TELLING US TO PARK. THEN SAY, SINCE WE ARE NOW "IN THE COUNTRY", MY HUSBAND WILL BE ARRESTED FOR ENTERING ILLEGALLY!!! WE WOULDN'T HAVE BEEN "IN THE COUNTRY" HAD THEY NOT TOLD US TO PARK!!! WE WOULD HAVE WENT BACK TO TRY AND FIX THE PAPERS!!! WHY IS MY OWN COUNTRY DOING THIS TO ME AND THE MAN I LOVE!!! WHY IS MY COUNTRY SO UNFAIR!!!
Posted by Joan E Loza Mobry on 07/16/2009 @ 02:43PM PT
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Michele, you would sacrifice Americans and commit national suicide all in the name of humanity? We already take in more legal immigrants than any other nation on this earth. How many will be enough for you?
We will turn into a third world nation if we continue to have porous borders and not set limits on legal immigration.
Posted by Mark Lindley on 07/12/2009 @ 11:00AM PT
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I disagree that it is national suicide.
Posted by Michele Rodriguez on 07/14/2009 @ 01:01AM PT
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I agree that is national suicide to be occupied by 12 million strong foreign army.
Posted by Wire Paladin on 07/15/2009 @ 03:48AM PT
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Twelve million and out of those 12 million how big is the army that is against the US as opposed to wanting to be a part of it?
You are generalizing in order to justify your unfounded fears.
Posted by Michele Rodriguez on 07/15/2009 @ 11:33PM PT
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Although I agree with all the emotional appeals and pleas for more humane immigration law, I can't help but note a rather fierce animosity toward the judges and other officials of the law.
It is their job to apply the law as it is written, as fairly and as evenly as possible in order to maintain a predictable standard. They aren't inhuman, and I'm sure many go to bed with a (warranted) heavy conscience for the broken families and dashed dreams their jobs perpetuate.
It is not the courts that are broken, it is the legislature which ignores the will of the people until election time comes around - at which point it is merely given lip service. The people that make the law are so high above the action its enforcement that the numbers are all that matter. Make your quotas, get the campaign money, vote yourself another raise. Let it fall to the lesser folk to suffer under laws that 'look good' and to enforce an ugly system.
The assistant chief counsel in the case trumped the judge's ruling and managed to get Anya and Brian out of the country within 30 days? Someone more well versed in the law explain that to me, please.
And I'm not saying any of this to lessen the urgency of their plight, I just want to better understand what's going on here.
/rant. my apologies.
Posted by sarah karp on 07/13/2009 @ 07:31AM PT
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Sarah, I'm not a lawyer and don't understand the workings of the immigration courts, but I do know that to get the judge to reopen the case after the final order of deportation for the purpose of considering voluntary deportation, the assistant chief counsel and Anya's lawyer had to petition the judge jointly. It was one petition that they both had to agree on. The petition that was filed at the beginning of April requested 60 days for voluntary deportation. The chief counsel must have thought that the judge would schedule a quick hearing. After the hearing was scheduled for the middle of July the lawyer spoke to her and she said that she would no longer agree to the 60 days, but only 30. I do not know if the judge normally goes along with the recommendation of the chief counsel or not, but Anya and Brian were not willing to take the risk. If she was only given 30 days, that would not have given her enough time to get to Ukraine, apply for a domestic passport, then apply for an international passport, so that she could travel to a country with better medical care before the baby was due. If she had been granted the 60 days, that would have put her final departure date around the same time the baby was due and an airline flight would have been impossible. She would have been able to get a stay of deportation until after the birth of the baby. Another possibility, given the attitude of the assistant chief counsel, was that she could change her mind about the voluntary deportation or said that the 60 days was from the date the petition was filed and if the judge agreed, Anya could have been carried off to a deportation center from the courthouse. So they really had no choice but for Anya to go ahead and leave the country as quickly as possible. Their baby's health was their primary concern in their decisions.
The animosity that you note towards officials of the law has nothing to do with them applying the law as it is written. Brian and Anya fully understood that the law said she must be deported, but the court did have some discretion as to when this would take place. Brian and Anya begged the assistant chief counsel to have mercy and allow her to stay until after the birth of the baby. They offered to put up any amount of bond that she requested and pre-purchase airline tickets to the Ukraine for after the birth. Anya has no criminal history and has always done everything the courts asked of her. There was no reason not to grant this. They had a genuine concern for the health and well being of their unborn child. Would you not feel some animosity if you were in this situation? What reason could she possibly have not to grant this? Why would her response be that not only would she not agree to it, she would see to it that the baby was not born in the U.S.
Posted by Debra Hahn on 07/13/2009 @ 08:45AM PT
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Unfortunately, the immigration courts are broken. There are many reasons for this which have been documented in recent reports:
http://immigration.change.org/blog/view/immigration_courts_under_strain
The judges themselves have ridiculous caseloads and absorb a lot of secondary stress from the traumatized immigrants they see every day, some of whom have been victims of rape, torture, FGM, or who have seen family members killed in front of them.
http://news.ucsf.edu/releases/stress-and-burnout-found-among-nations-immigration-judges/
Some judges handle these pressures well, some do not. Since Ashcroft's reorganization of the EOIR in 2002, the federal Courts of Appeals have been vocal in denouncing shoddy decisions coming from the courts and the BIA.
The courts are not part of the judiciary branch, but part of the DOJ, in the same executive branch as DHS. That is why immigrants and their attorneys sometimes find the judges to be less than impartial--they answer to the same boss as the prosecuting attorneys.
There is wide variation between judges--some judges in recent years have granted 90% of their asylum cases, others have denied 90%. Existing safeguards against arbitrariness are insufficient.
These are some of the reasons why I say the courts are broken. And my guess is there are many immigration judges who would agree with that sentiment.
Posted by Dave Bennion on 07/13/2009 @ 06:38PM PT
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@ dave: thank you, that was helpful. immigration courts are part of the kangaroo system, i don't know why i forgot that.
You mention the enormous discrepancy with judges, which of course exists across the board in the judiciary as well. The judicial branch's basis in common law/precedent tends to balance that a little. I wonder, in your experience, does that body of law hold less water than straight-up interpretation in DOJ courts?
@debrah: no disrepect. I understand the hard feelings, I am just trying to get a hold of the subject matter.
Posted by sarah karp on 07/14/2009 @ 07:49PM PT
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Our immigration courts are overburdened by enormously high volumes of cases. But our criminal courts have high case volumes as well. The way that is handled is to only try the most likely cases, and to plea-bargain the rest.
Foreign nationals don't have the right to legal representation in their court appearances, thus it is possible to streamline the process by quickly deporting most, and only hearing the most likely cases.
Longterm, the answer is to lower dramatically the numbers of aliens entering our borders.
Posted by Wire Paladin on 07/15/2009 @ 03:53AM PT
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Foreign nationals don't have the right to legal representation in their court appearances
No, they do have right to legal representation, just not paid for by the gov.
Posted by Dave Bennion on 07/15/2009 @ 07:50PM PT
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Update- Anya's court hearing to petition the court to allow voluntary departure was yesterday. The judge granted the voluntary deportation and gave her until August 2nd to leave, which would only be 19 days. With a due date of Sept. 13th, I can only assume he realized the airlines probably wouldn't allow her to fly much longer past that date and any more time might mean that the baby could possibly be born in the U.S. and they can't allow that!
Posted by Debra Hahn on 07/15/2009 @ 09:14PM PT
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Dave - just an idea, that immigration judges should undergo periodic psychiatric evaluation. i understand their caseload volume and emotional sensitivity of the situations can be trying for one person to carry - but as a judge, clear, logical thinking is critical. i'm sure, there will be posts saying that the chief counsel was abiding immigration law and was correct in not making any exception - but he is putting Anya's life and her unborn child's life in danger (she would have to travel a month before her baby is born! not only will the actual trip put pressure (physical and emotional) on her but she will be in a foreign country with no health insurance, and probably not know a trusted doctor who can deliver her baby). Would the fact that if Anya and Brian's baby would be born in the US give Anya a greater possibility of remaining and gaining a legal status? If this is the case, I can't help but think that timing was the most critical factor, and not the fact that Anya had been living in the US without proper documentation.
Posted by Michelina Docimo on 07/16/2009 @ 05:29AM PT
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I am appalled at the attitudes of some of the posters on this site. Debra is going through a terrible, heartbreaking situation and all you can do is judge her, her family, and send her feelings through the wringer? No matter how you feel on this particular subject, there is no reason to be ugly about it.
Debra, we are praying for you and your family that God will place these precious people where they can be happy, able to make a living, and safe - wherever that may be. I can not imagine what you are going through. Please know that people do care and are praying. Keep your head up and don't let any person's ugly word break your spirit.
Posted by Emily Young on 07/13/2009 @ 07:33AM PT
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Thank you very much Emily. Your kind words and prayers, and those that we have received from others have been a comfort in the midst of this horrible nightmare.
Posted by Debra Hahn on 07/13/2009 @ 08:56AM PT
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@Jeff: "Citizenship matters. Anya's mother commited a crime and Anya's mother chose to burden her child with being stranded in a foreign country. Anya is apparently a citizen of the Ukraine, not a U.S. Citizen. If we ignore Anya's mother's crime, are we not rewarding criminal activity? Are we not then encouraging other foreigners to come to the United States illegally in the hopes of getting their children U.S. citizenship?"
Punishing children for their parent's crimes as a way of setting an example is a horrible abuse of human rights. We are supposed to be a just country, instead we head down a dangerous slope. If we don't correct this now, how long will it be before we regularly jail children who are US citizens when we cannot catch a criminal parent? How long before we threaten dissenters of the current president with locking up their entire family? How long before we have prisons where we torture innocent people and make them do hard labor because one family member did something the government didn't like, just to make an example and deter others from doing the same?
Posted by Cole Burns on 07/13/2009 @ 03:24PM PT
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Posted by Alejo J on 07/13/2009 @ 08:37PM PT
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I do not understand most of your shortcuts, I only understand "Mexican's Who Are Married To Citizens". Maybe it caught my eye because I am a US Citizen married to a Mexican". Can you please write in full english so that I may read and understand what you are saying. Thank You, Joan E Loza Mobry
Posted by Joan E Loza Mobry on 07/16/2009 @ 02:11PM PT
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rd yr str nd jst cn't bgn t mgn hw ny nd Brn mst fl. dn't s hw C cn dstr thr lvs lk tht. ny s nt crmnl sh s nt thrt t ths cntr sh shld b llwd t st. C gnts hv csd ny nd hr nbrn bb trmnds strss nd th trp s crtnl nt n dtr wld rcmmnd fr prgnnt wmn. ny ws chld whn sh cm nt th .S. dd th xcpct hr t ndrstnd wht ws gng n nd hw mmgrtn wrkd. C shld hv llwd ny th pprtnt t bcm .S. ctzn. C hs llgl crmnl lns th nd t g ftr nt ppl lk ny. Ths s jst wht th r nt dng; chldrn n th .S. r sxll ssltd b n llgl crml vryd. Tdrc Cspds n llgl ln ws ffrd vlntr dprtr nd vdntll h ddn't lv bcs h ws rrstd gn n rlsd n prbtn nd whl drng sprvsd prbtn h ws chrgd wth ggrvtd sxl sslt wth chld. H rpd nd sdmzd hr sh ws nl yrs ld. C y r spps t kp th mrcn ctzns sf y llwd Cspds t wlk th .S. strts nd snt n nncnt wmn nd hr nbrn bb bck t cntr sh hsn't knwn snc chld. Ths mst stp, ny nd thrs lk hr r hmn bngs dn't llw ths t hppn gn. s ws tght n schl w r Th ntd Stts f mrc n Ntn ndr Gd tc. wth lbrt nd jstc fr ll. ny hd hr llbrt nd jstc stln w. hp y wll b bl t trvl nd s th bb, Gd Blss Y nd hp ny nd Brn mk t hm sn.
Posted by Alejo J on 07/14/2009 @ 08:52AM PT
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Thanks, but no thanks.
Posted by Dave Bennion on 07/14/2009 @ 09:15PM PT
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I too am an American. My husband is Mexican. We have been married for over 3 years and we are very much in love. I must travel 2000 miles alone to a country in turmoil (Drug Cartel Wars) in order to see my husband. It is very unsafe for me, but I need to be with him. I do not wish to move to Mexico, but I may have to in order to be with the one I love, my husband. Why is our government so unfair!!!
Posted by Joan E Loza Mobry on 07/15/2009 @ 05:12PM PT
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I cry because I am so reminded of the Nazi party in Germany when I read about the way ICE treats immigrants in the U.S. I used to wonder how the Germans could be so unaware of how the Jews were being treated in their country. Now I understand. Until this happened to our family and I started doing some online research, I was totally unaware of the horrible way immigrants are being treated in the U.S. by ICE. It is shocking to me that humans could treat other humans this way.
I agree with you, Debra, and I can't tell you how much I admire your compassion...how thoughtful you are to think about the DREAMers when you and your loved ones are going through so much pain! I wish there was something we could do to convince this judge that Anya and Brian do not deserve this excessive punishment. As you said, "Anya was unaware of the fact that she was not following Immigration laws, and would have been incapable of leaving on her own even if she had been aware and understood the laws. So now she is being severely and cruelly punished for actions that were beyond her control."
I am absolutely appalled by the decisions of the judge and the Assistant Chief Counsel in this case. As a citizen and a taxpayer, I am outraged that my hard-earned dollars are being used to devastate so many lives. As I see it, the judge is endangering the lives of three people: Brian, a U.S. citizen, Anya and her unborn child. He is causing severe emotional distress to you and every member of your family. It is unconscionable. Debra, I would be willing to write a letter to the judge if you think it would help to convince the judge to reverse his decision. We could start an action on your behalf. What do you think? I pray that it's not too late.
Posted by a d on 07/16/2009 @ 01:03PM PT
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Thank you Analisa for your willingness to try to help us. Unfortunately, I believe it is too late to help Anya. I doubt if any number of letters to the judge or Assistant Chief Counsel would change their minds concerning the deportation date. Even if we could, since she has already left the country, by the time we could convince him and get the necessary paperwork to get her back into the country, she would no longer be able to fly.
We did consider going to the press about their case. We had read and seen on the news a few cases where this had been beneficial in getting a stay of deportation. This wouldn't have given her a chance of being able to stay here permanently, but might have given her a chance to have the baby here. Further research found that ICE was well known for retaliating against immigrants who speak out against them.
http://thinkprogress.org/2007/10/18/tam-tran/
With Anya being pregnant, we did not want to take the risk of her being arrested and held in a deportation center under deplorable conditions.
http://www.hrw.org/en/news/2009/06/24/us-immigration-policy-harms-women-families
They are also concerned that publicly speaking out may hurt their chances of getting the 10 year ban dropped in the future. The way that the immigration laws are set up, we are in a no win situation. It's best just to do what they say and keep your mouth shut. I speak out now, not on Anya's behalf. It's too late for her. But I feel the need to express the urgency for immigration law reform and hope that Anya's story may help to demonstrate how unjust these laws are.
Posted by Debra Hahn on 07/16/2009 @ 03:46PM PT
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Debra, I am so sorry to hear that it's too late for Anya. But I do think that Anya and Brian's story helps to demonstrate how unjust these laws are. Thank you for sharing it with us. They look like such a beautiful couple. Please keep us updated about what happens in their case. There's a group called Families for Freedom that might be able to offer you some advice or emotional support, at least. Maybe you've heard of it. Here's the link:
http://www.familiesforfreedom.org/
Posted by a d on 07/16/2009 @ 04:41PM PT
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ICE does not mistreat "immigrants".
Posted by Mark Lindley on 07/16/2009 @ 05:32PM PT
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Says Who!!! ICE!!!
Posted by Joan E Loza Mobry on 07/16/2009 @ 05:37PM PT
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A Google search of "ICE mistreat immigrants" will pull up 14,700 results. Read some of these articles. Do you think that they are all lying? What do you base your statement on?
Posted by Debra Hahn on 07/16/2009 @ 05:55PM PT
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What is with this nasty guy Mark? You really are cluelesss and heartless. What goes around comes around you nasty ignorant person.
Posted by Denise Smith on 10/09/2009 @ 04:49AM PT
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I wanted to jump in on this conversation and to thank everyone for the warm comments. Anya and I have been through hell recently, and I havent been able to speak out in regards to the outrage we feel towards the way our case was handled. My mother, Debra, has echoed our sentiments exactly however. There is not much more that I can add, the she has not already said. I also wanted to thank change.org for allowing me to tell our story. Once things settle more, we are hoping to speak out regarding the matter and have several avenues arranged with the media. I think it is very important for our country to understand the type of discretionary decisions that people like Sircy Elliott are making. We never argued with the law as we fully understood what the law was and were preparing to leave the country. I spent many nights reading through the INA laws and know them like the back of my hand. We simply asked for mercy in postponing the deportation, which is an option that Sircy Elliott was legally allowed to make. She refused to do so without any merit to her decision.
Again thank you to everyone. Anya and I are slowing beginning to adjust to our new environment and so far mother and baby are still physically healthy.
Posted by Brian Hahn on 07/16/2009 @ 09:36PM PT
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There was a reason that I put "immigrants" in quotes. It denotes legal immigrants. It is misleading to state that ICE mistreats "immgrants". ICE doesn't even deal with them.
As far as those illegally in our country, all those websites claiming abuse of them are pro-advocate sympathizers so anything ICE does to detain them would be considered abuse by them.
Posted by Mark Lindley on 07/17/2009 @ 06:47AM PT
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The Immigration and Nationality Act (INA) broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrant categories (INA section 101(a)(15)). An illegal alien who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INA but is not a permanent resident alien.
Whether these immigrants are "legal" or "illegal", they are all human beings and deserve to be treated in a humane manner. Many being held are asylum seekers, awaiting hearings that will determine their legal status.
Not all of the websites claiming abuse are "pro-advocate sympathizers". Reports by the United Nations High Commissioner for Refugees, the American Bar Association, and reviews by DHS, show that there are substandard conditions and inhumane treatment in the detention facilities.
http://www.nilc.org/immlawpolicy/arrestdet/UNspecialrapporteur_presentation_2007-05-03.pdf
I have yet to find a single report that backs up your inference that there is no mistreatment of immigrants being held in detention centers.
Posted by Debra Hahn on 07/17/2009 @ 08:27AM PT
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I never said that immgrants whether they be legal or illegal deserved to be mistreated. What I said is that the sources you provided claiming abuse by ICE (obviously the illegal kind) are not credible.
Posted by Mark Lindley on 07/17/2009 @ 02:46PM PT
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Thank you Dave for allowing me to tell Anya's story. I hope that it has helped some see the urgent need for changes to our unjust immigration laws. I will be unable to respond to future posts because I am going to go stay with Anya for a while. Brian must return to the States to complete the erasure of evidence of his existence in the country he once loved so dearly and never thought he would have to leave. While he is here, we don't want to leave his lovely, pregnant wife alone in a strange country in unsafe surroundings. So I will go and keep her company and try to sound convincing when I assure her that everything will be OK.
Posted by Debra Hahn on 07/17/2009 @ 08:14PM PT
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Dave,
I've just learned about this 10-year ban on your blog tonight, catching up on entries.
Sounds like it's a law that's only as old as the 90's. Is it something that activists are pushing to get taken OUT of federal law? If so, any reason I haven't heard of it till now even though I skim immigration blogs? I'm a little confused. If you have a moment. If not, I understand. Thank you!
Posted by K J on 07/30/2009 @ 08:50PM PT
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There's more on this in the links from this post: http://immigration.change.org/blog/view/10-year_bars_split_up_families
Few activists are pushing this now, but more I hope in the future. Families for Freedom is one of the groups at the forefront.
Posted by Dave Bennion on 07/30/2009 @ 09:14PM PT
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Shoot! My extended family isn't affected by the things I'm hearing about being pushed for, but they are being affected by this right now. But they're nowhere near NYC--they're in the rural upper Midwest. I looked at Families for Freedom's web site, but I didn't really see a part I could go, "Hey, look at this!" to send them. I guess maybe I could be "big city upper Midwest activists for a change in the 10-year bar, chapter w/ membership of 1," and they could be "rural upper Midwest activists for a change in the 10-year bar, chapter w/ membership of 4," but ... ummmm ...
Arrrgh. :-(
Posted by K J on 07/31/2009 @ 08:35AM PT
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Making me the villian won't wash. Attacking me for standing up for my country's sovereignty, its Constitution, and the rule of law does make me the bad guy. People that have no respect for this country that subvert its laws undermine the very prize that glistens in their eyes; the American dream.
Misapplying the 14th Amendment claiming these children are U.S. Citizens is a LIE. No matter how many times people tell that lie, it is still a lie.
People certainly do take advantage of illegal alien foreign nationals. The grubby lawyers and churches that teach them how to avoid the rule of law are breaking the law themselves. Businesses that abuse illegal aliens and exploit them are scum. What would happen if the millions of Mexican citizens that illegally invaded the United States would have instead united to end the corruption in their home country instead fleeing it?
Look at Cuba. Generations of Cubans continue to suffer under the repressive, abusive Castro regime because their parents failed to stand up against the tyrannt. They doom their children and grand children to more of the same. Mexican citizens are following that same failed model. Flee instead of fix. Ignore instead of admit. Flight over fight.
It's easy to be brave looking down your noses at Americans. We won't whisk you off to a gulag for speaking your mind. We are a kind and generous people, but there are limits to that generosity.
Cowards make all sorts of excuses for not doing what is right. Sob stories about the abuses of children initiated by their parents is an indictment of the parents' poor judgment, not a reflection of the citizens whose country they have invaded who want the rule of law to prevail.
The United States does not have to spiral down the rabbit hole into a chaotic 3rd World has-been nation, unable to defend itself, let alone help anyone else.
Were we just talking about a few people, Americans might look the other way, but we've been down that path again and again. At some point, unlike the foreign nationals flooding our shores, we will stand up to defend our borders, our sovereignty, and the rule of law.
American citizens who believe in the Constitution and the rule of law know what the dream is, and it's no act.
Trying to imply I'm a racist is a lame, absurd joke, but let's say for the sake of discussion that I was.
Would I not still be justified in demanding the laws be enforced, or that the Constitution be upheld?
You can't have my cake, and eat it too, and then blame me because you have no respect for what you're stealing, or who you stole it from.
I don't have time to save Mexico. I'm rather busy trying to save my own country. My patriotism and loyalty to my country does not mean I agree with everything my government is doing. I most certainly do not. The more people ignore the corruption in our own government, the faster we sink into the same corrupt, chaotic nightmare that illegal alien foreign nationals claim they are fleeing from.
I refuse to sit idly by why usurpers and thugs destroy the fabric of my country. It is naive to believe there are no consequencs to a reckless ideology that America should forget she is America. Freedom is not free, and those who suggest we should give citizenship away like mints at the bank are suggesting we give away our country to people who don't respect or understand what it represents.
It's appropriate that the Dream Act is titled as such. It is a dream, and it is an act.
The fruits of liberties labor are not a dream, and acting like you respect our country when you really don't is disgusting. Illegal means illegal. The Constitution still governs supreme over the United States, and will be restored.
Many of us are working to restore our country. What are you illegal alien foreign nationals, and your sympathizers doing to restore your countries to safe and prosperous places to live?
Stop making excuses for invading the United States and blaming it on its citizens. The king's new clothes are as ugly as they ever were. Go home. Organize there to end the corruption there. Mexico is a beautiful country. It is the richest 3rd World economy on the planet. You can't make ends meet? You can't turn things around? Not if you flee instead of fighting for your rights. Human rights should be at the forefront of everyone's thoughts and actions.
Foreign nationals have civil rights in the country whose jurisdiction they are subject to as citizens. That is NOT the United States. Immigrants and illegal aliens are not the same demographic. Stop insulting legal immigrants by clumping them into a pile with illegal aliens. You should be ashamed.
Posted by Jeff Lewis on 10/09/2009 @ 07:57AM PT
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Excellent post, Jeff. Don't hold your breath though as the race card and nasty insults will be forthcoming from the pro-illegal advocates. It is all they have along with their hatred for anyone who wants enforcement of our immigration laws including our own government who made these laws in the first place for the protection of its own citizens. Of course, it is ok for any other country to enforce their immigration laws. Mexico comes to mind. Bunch of hypocrites!
Posted by Mark Lindley on 10/10/2009 @ 06:01PM PT
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