LatinaLista — Last month, an interesting analysis was released by the Department of Homeland Security’s Office of Inspector General that didn’t get the kind of publicity it deserved.
It was titled Removals Involving Illegal Alien Parents of United States Citizen Children.
The analysis showed that between Fiscal Year 1998 and 2007, 2,199,138 “alien parents of U.S. citizen children” were deported. The majority of them were deported because they were here without proper authorization. In other words, they didn’t have their paperwork in order. The second most common reason for them being deported was them being guilty of “criminal violations” that affected their immigration status.
Most people would accept the findings as fact and not give a second thought to it. After all, as sad as it is, it’s just the federal government — Department of Homeland Security — enforcing the rule of law.
Yet, had it not been for a new study released this week by the Pew Hispanic Center finding that:
Hispanics represented 40% of all sentenced federal offenders in 2007, the single largest racial and ethnic group among sentenced federal offenders. Whites constituted 27% of federal sentenced offenders and blacks 23%. The remainder (10%) are Asians, Native Americans and those whose race and ethnicity is indeterminate.
More than seven-in-ten (72%) of Hispanics sentenced in federal courts in 2007 did not hold U.S.citizenship. They accounted for 29% of all federal offenders in 2007.
I never would have revisited that DHS analysis and uncovered proof of a very deliberate agenda.
In researching exactly when immigration infractions became federal crime, I ran across a web page at the Transactional Records Access Clearinghouse, operated by Syracuse University, explaining what aggravated felonies had to do with deportations.
I always assumed aggravated felons were serious criminals committing serious crimes.
Despite the aggravated felony label, many of these crimes have been interpreted by federal courts to include misdemeanors, even though misdemeanors are generally meant to encompass less serious or dangerous acts than crimes traditionally designated as felonies…
In recent years, the federal courts have heard many appeals from non-citizens challenging the government’s decisions classifying their crimes as aggravated felonies. Even while upholding many individual aggravated felony rulings, the courts have from time-to-time directly criticized the arbitrary nature of the law upon which these rulings were based.
Reading further, I discovered that for an immigrant to be deported as an aggravated felon was a grave occurrence for that immigrant because among the six consequences of such a ruling: Ineligible to stop deportation, Unable to apply for other legal immigration status, Guaranteed to be detained, Less access to immigration court and Less access to federal appeals courts there is one that is a killer —
Permanent ejection from the US. Most non-citizens who are deported from the US are not eligible to apply to return legally to the country for a period of from five to 20 years depending on their circumstances. But aggravated felons are permanently disqualified from ever returning to the US for any reason.
So, it was surprising to see that after all the times the Department of Homeland Security and some congressional representatives had claimed that they wanted these undocumented immigrants to “get at the end of the line” and come here legally, they purposely chose to deport the majority of “alien parents of U.S. children” as aggravated felons knowing that these parents would never be allowed to visit or see their children legally in the United States again.
It can only be assumed that this was an underhanded way to permanently rid the nation of whole families. Knowing it could take years before any court might remotely consider hearing a deported parent’s case, the government most probably hoped that the children and remaining spouse would give up to rejoin the deported parent.
Since that one parent could never return, the government didn’t have to worry about any of the family members returning — or so it was thought.
Anecdotally, we hear stories on a daily basis of most families who are separated will endure anything to stay in the country just because, regardless of the poverty, opportunities exist here that don’t elsewhere.
While family separation is deplorable, it is despicable of our government to purposely attach an aggravated felon on to these parents whose only violation was not having the proper paperwork to be here.
It is clear evidence that there existed a deliberate agenda to keep these people from being allowed to come back into the country in the legal manner they’ve wanted all along.
Secretary Napolitano owes to these “U.S. citizen children” and to the integrity of the Department of Homeland Security to either revisit each case in which an alien parent was deemed an aggravated felon or wipe those cases from the books and start fresh.
There was a blatant injustice done and it’s time that it was corrected — for the sake of the restoration of the public trust in federal government and for those US citizen children who were told their parents were aggravated felons.
Comment(12)
Horace
The injustice is to the U.S. citizens who are being blackmailed by illegal alien parents by having children here and despicably using them as anchor babies; preying upon the generosity of our nation.
Horace
“There was a blatant injustice done and it’s time that it was corrected — for the sake of the restoration of the public trust in federal government and for those US citizen children who were told their parents were aggravated felons.”
So I should trust a federal government that will not enforce the immigration laws as written in the Code of Federal Regulations? Personally, I wouldn’t trust a federal government whose agents would disregard our laws in response to being brow beaten by ethnocentric fascists. How would you respond, Marisa, to police failing to do their duty in arresting a white bank robber just because he was white and a white mob threatened them with punishment if they did their job. That’s exactly what you ethnocentrists would do; nullify the law outside the democratic process to suit your own special interests. We hear it all the time, don’t conduct raids because “WE SAY SO”. That’s not justice, but only contempt for our judicial system.
Lew Waters
Okay, you’re going to have to help me out on this one. You and several others refer to these people often as “undocumented” workers, a euphemism for “ILLEGAL” immigrant, and one who enters the country in violation of standing laws.
Deporting those people back to their home country is often blamed for “ripping families apart” should they have given birth to a child while in the country, “ILLEGALLY.”
So, keeping families together by sending all back is now a bad thing too?
Misuse of the 14th Amendment in this manner degrades Law and Order within the country and leaves us bearing the responsibility for large families of otherwise “ILLEGAL” immigrants when we can no longer afford to barely care for our own citizens.
But, I am curious. Since you obviously have decided this particular set of laws should be ignored, just which other laws should be ignored? Since you decided that our Immigration Laws are null & void, by what right do you cite such strict adherence, even in misuse, to the 14th Amendment?
Wouldn’t the effort be better to work to encourage their host country to improve conditions for these people at home? Wouldn’t our efforts be more noble to help their countries achieve the level of life we have, instead of working to lower our level to their current one?
Grandma
Marisa wrote: “So, it was surprising to see that after all the times the Department of Homeland Security and some congressional representatives had claimed that they wanted these undocumented immigrants to “get at the end of the line” and come here legally, they PURPOSELY (emphasis mine) chose to deport the majority of “alien parents of U.S. children” as aggravated felons knowing that these parents would never be allowed to visit or see their children legally in the United States again.
IT CAN ONLY BE ASSUMED(emphasis mine) that this was an underhanded way to permanently rid the nation of whole families. Knowing it could take years before any court might remotely consider hearing a deported parent’s case, the government most probably hoped that the children and remaining spouse would give up to rejoin the deported parent.”
My response: Talk about spin and assumptions. Illegal aliens CANNOT PURPOSELY BE DEPORTED AS AGGRAVATED FELONS. They have to have a previous aggravated felony conviction and this has to be proven before they can be charged as an aggravated felon. There are federal guidelines as to what is considered an aggravated felony. I’ve seen illegal alien defendants with a criminal history of 15 or more DWIs. They are not charged as aggravated felons, even tho I think they should be but I don’t make the laws. As for your assumption, again you are wrong. It doesn’t matter if you have US children or not, if you’ve committed an aggravated felony, you will be barred forever from entering the US even if you have children. Millions of US citizens are convicted of crimes that put them in prison. They are also separated from their children.
Lea Ortiz
There is a plain and simple solution to this problem. Legislation and laws to change a child born here of foreign parents automatically as though a wand has been waved and miraculously becoming an American citizen simply by being born on our soil should be implemented.
Not being able to register a child born here as a citizen will change the situation of the illegal alien seeking a ticket for herself and her family into our country.
Not to mention it will alleviate the mass burden that our government funded hospitals are faced with on our borders.
Oh and referring to being put at the front of the line, it is never nice to cut. Always the right thing to do to get at the end of the line waiting. Or the next time you are line waiting for something, think of me, and think about jumping in front of others to be waited on first. Try it, and let us all know how that works out.
As I have stated before, this angers the legal immigrant trying to come here honestly more than anyone else.
EYES OF TEXAS
All of the ethnocentric fascists will not stop their attempts to undermine the laws of the U.S. until the All Great Mighty Obama waves his hand across the nation and chants “You are all none citizens and no longer illegal aliens” three times. Then, poof, so let it be said, so let it be done. Watch out folks because I don’t think our nation can survive another dumb-ass executive decision by our President-in-Training. And we certainly can’t stand another 30 million+ people being added to our legal population that will guarantee a one party system in the U.S. forever.
Panchito
What kind of parents would leave their children behind in a foreign land – especially one that is hostile towards them? This is more than a legal issue – it is an abomination no less shameful than some of the cold hearted opinions in this blog. Why support this behavior? It is wrong and immoral.
Michaela
It is unprecedented, an American president passing this many executive orders in such a short period of time. He has been president exactly one month. He is acting like a dictator. Also, he has forgotten that he is the president of the greatest country and people in the world. He has forgotten we are Americans and we will not tolerate any more acts of treason from him. Time will tell, but I believe the reason he is “hurrying” things so much is because he is truly NOT an American and he wants to inflict as much damage as he can upon the country he and his despicable wife hate, as quickly as possible.
MaryElizabeth
Anchor Baby! Hey I know a baby like that! I go to play with her once and a while. She is three years old. She is a beautiful hispanic baby with big brown eyes and she speaks English because Ive taught her words. She loves to color with crayons and she is so happy everytime she draws a circle. I taught her that too! She likes it when I put lipgloss on her and shes beautiful. Her favorite movie is the Polar Express. She loves the part when she sees Santa Clause is coming downstairs to get cookies and milk. Thats when she gets excited and shouts. “Mei Mei, Cookies and Milk”. She calls me Mei Mei. Shes darling and she is an American! she has the personality of a real American girl. Determined, confident, and full of life. I have no doubts in my mind that this child will be a great contributor to our American culture.
Carolina
I agree wholeheartedly with Lea. Nothing irks me more than the self-entitled Latinos who feel laws do not apply to them and give no consideration of their disrespect to Latinos who did things correctly (like MY family). Now that “privilege” has been abused and they are turning away and banning Latino immigrants in droves. I’m sorry, but it’s just not fair to legal Latino families that did things the right way. “Quien siembra vientos recoge tempestades”.
Abdalla
I lived in US for more than decade and so. I’m father of six kids whom all are US citizen. Never been one day on public charge. I work hard to put their food on table, pay their healthcare premium, put my kids in private school and paid my taxes in full let alone be their role model in life. Today, two has graduated from high school.
After 9/11 I fell in the witch-hunt policy of Bush Administration. Muslim, hardworking, educated and innocent who look after only his family. Playing the game of neutralizing terrorist suspects I was arrested and charged with immigration violation since they don’t have on me anything related to terrorism.
My record was clean. I never encounter any law enforcement except parking ticked. I was working and finishing my post grad degree with my money.
In shock and dismay, I fought hard through bad time in federal court. First round I won and exonerated for any terrorism insinuated activities. Then Government offered me a deal ……..’deportation with acceptance of guilty mode in front of immigration judgeâ€. I said hell no to take it or lower myself to such status thinking that was gross to my right as human who didn’t done anything.
Then Prosecutors scared the judge and the juries which they selected in very sham way……… My lawyer was Muslim who couldn’t stop this farce. Most of the juries were white older former law enforcement.
They returned with another non guilty verdict for my immigration PR status and the way I acquired but found me guilty of small immigration violations Prosecutors from Homeland Security used a plan B or played in the nerve of judge and juries as national security matters should be considered. When challenged this is an immigration case…..they play classified information act in patriotic act which was nothing but scare tactic and mind game war for poor judge and juries.
Each small charge which was misdemeanor prosecutors -since they want my head- they split into two huge charges. After all this I should face only 6months in jail in which I was served four times of such time in fed prison. But the judge to appease homeland security prosecutors he abandoned the sentencing guidelines.
He was cahoots with prosecutors to make small violations to aggravated felons instead of misdemeanors. As I heard he was new judge in Fed bench so some appeasement was in order. Even one time he treated badly to my supporters for their religious believe and dress. He did apologize in clever way to cover his tracks. Poor community didn’t care much about his games or follow up. Hence, to match their ultimate goal he handed me 18 months behind bar. My sentence was supposed to be with all injustices 6 months only..
At that time I already served almost three years behind bars after I was denied bail.
Now all over sudden I become aggravated felon with PR. So they have to take me to Immigration Court Judge. This judge I used to translate for him for sometime.
When I saw American law in this regard and the injustice done to I and the way prosecutors were trying to ruin my life, my first appearance with IJ I accepted to be deported. Because the damage was done on my case and it was futile to fight to my understanding. After five months I was deported back to Africa willingly.
I have to begin from zero with a land I left more than two decades ago. Today, three years has passed since I’ve seen my wife and six kids all of them are US citizens. They went hell hardship and life Rolla coaster since I was the only provider and protector for them. My wife works hard to fill my shoes but she can’t.
We are planning now to move for good to Africa were I live. Glad to say, I set up for them a place and business to rely on once they reach here safe.
Finally, this human story is not begging Congress or white house to do something about my case or similar…but show the cost of labeling something driven by political witch hunt. Also to show this aggravated felon or felon that congress passed in 1996 does harm families more than anything else. Deportation laws should be scrapped for people who have PR or have relative after serving their time. Double punishment or double jeopardy is not right for any laws..
Hope families who suffered in similar cases etc unite and change these awful laws to have their families united forever.
Dr Abdalla
Nairobi, Kenya
Alex
Abdala,
Very sad to read your case. I’m speechless. You are honest man. You don’t deserve this. Hope someone from government will rectify this unjustice.
You can take your family but they deserve as an Americans to bring you back.
Hope someone will take up your case and do the right thing
Alex
USA
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