IMMIGRATION MATTERS: Unjust Deportation Policies Must Be Reformed, Too
New America Media, Commentary, Aarti Shahani, Posted: Apr 26, 2006
Editor's Note: Virtually unnoticed in the debate over immigration reform are the harsh and inhumane U.S. deportation policies currently in effect and that need to be rectified. NAM contributor Aarti Shahani works for Families for Freedom, a New York-based multi-ethnic defense network by and for immigrants facing and fighting deportation. FFF is a member of the Detention Watch Network, a national coalition of organizations and individuals working to reform the U.S. immigration detention system.
While most lawmakers, media, immigrants and restrictionists have focused on legalization and guest worker programs for the 11 million undocumented immigrants in the United States, few have questioned the harsh deportation measures in the proposed bills. The "best" and "worst" bills consistently propose to:
* Deport long-term residents for increasingly minor crimes, even when they are green card holders, U.S. veterans, or the parents of American-born children
* Expand immigration detention facilities, using domestic military bases and for-profit prison facilities
* Overturn Supreme Court rulings and legalize the indefinite detention of non-citizens
* Turn local and state police into immigration agents
* Erect a massive border fence and further militarize our border communities
* Enable Homeland Security agents to expel suspected foreigners indiscriminately
* Create a national identification system for all workers.
These hidden provisions in the immigration proposals would make a bad situation worse. American immigration laws are already harsh, resulting in the destruction of immigrant families. Since Congress made deportation and detention mandatory minimums in 1996, 1.4 million people have been exiled from the United States. Immigrants have become the fastest-growing segment of our prison population. Families and taxpayers are paying dearly, as the Department of Homeland Security lines the pockets of for-profit prisons.
On April 24, the first day that Congress reconvenes and the 10th anniversary of the 1996 immigration laws, families across the country who have been affected by deportation are converging to speak out against pro-deportation, anti-family proposals. They will also discuss the Child Citizen Protection Act, a bill introduced by Congressman Jose Serrano to restore partial discretion to immigration judges in cases where removal of an immigrant is clearly against the best interests of a U.S. citizen child.
Julio Beltre, a 17-year-old U.S. citizen, who grew up in New York, knows firsthand how the immigration laws have left American children without mothers and fathers, sisters and brothers. His dad Francisco, a legal permanent resident, was deported to the Dominican Republic in 2005. Like other youth, Julio is sharing his story on April 24 in hopes that Congress will fix, rather than worsen, our already devastating deportation system:
"My name is Julio Beltre. I have lived in New York all my life. My father, Juan Francisco Beltre, came here from the Dominican Republic almost 20 years ago as a legal permanent resident. He worked very hard in New York as a taxi driver, always sending money back to his family in the Dominican Republic. In 1990 he stopped working because he became sick with a brain tumor. He began to take care of my two brothers, my sister and me while my mother went to school and worked full time.
"My father was arrested once in 1995. Even though the police found no drugs on him, he was charged with possession of a controlled substance. At the time he did not speak much English. He was very scared and the prosecutor told him that he could spend years in jail if he did not plead guilty. So he pleaded to 7th degree possession of a controlled substance. He got three years probation with no jail time. The criminal lawyer never told him that he could be deported. The police also never told him when he was arrested that he had a right to contact his consulate.
"He finished his probation without any problems and thought that he could move on with the rest of his life. He had no other arrests. But in 2002, the case came back to haunt us. Dad traveled to the Dominican Republic when my grandmother died. When he returned they detained him at the airport and put him into deportation proceedings. He had no idea what his rights were back then. He hired a lawyer who was not even licensed to practice in America. Respected community members recommended this lawyer.
"In immigration court, my father needed an interpreter because he could not speak English well. The immigration judge told him he had to submit an application for relief. But the lawyer submitted the application late, and the judge ordered my father deported on March 24, 2004. The lawyer told Dad not to worry because he would win the appeal. And when he lost the appeal, the lawyer told us not to worry because immigration would not bother to pick him up.
"On April 19, 2005, at 5:49 a.m., six immigration agents with guns came to my house to pick up my father while he was sleeping. They took him away in front of my brothers and sister to Bergen County Jail. One officer came back later to get my father's medication, but they never gave it to him. At the time, my mom called human rights organizations. They found out everything the old lawyer did, and found us a free lawyer to petition in federal court. While the petition was pending, immigration put my father on a plane to the Dominican Republic without warning us. The immigration officer would not tell us anything. When Dad was deported to the Dominican Republic, he was detained again until his brother came to pick him up.
"When my father was here he was active in the community and even helped the Dominican consulate. Now he cannot find a job and has no money. My mother has been struggling to keep our family surviving. It became so hard for us that my 4-year-old brother was sent to the Dominican Republic to live with my father. We had to send him because in New York he would not eat and would just sit and wait for his father. Luckily after all the fighting, the government has agreed to bring my father back but are saying that he has to stay in jail while they decide his case.
"I do not want what happened to me to happen to other people. If my father knew his rights and had someone defending his rights he would have never pleaded guilty, would have never hired a bad lawyer, and would have never been deported. He would be here with his family. Right now the government is trying to make the laws worse. If the laws become any worse, people like my father will never have a second chance. My brothers, my sister and I are all citizens, but no one cared about our rights when they deported my father. Our leaders have got to change things."
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User Comments
Sylvia Allen on May 11, 2006 at 10:49:34 said:
I too am an American citizen whom feels as though I have no rights as far as my family is concerned. My fiancee a jamaican born citizen, whom been here since he was 7 years old, and is now 40, is facing deprotation. H e is a permant resident with a green card. He is a active member in our community. We have gotten many letters of support on his behalf, but I don't think they really matter. He is the father to 4 American children two of which are ours. He was picked up when I was 6 months pregnant with our twins on pre 96' issues, the first lawyer we had poorly represented him, so I am here raising our twins his son, and my two children alone. This has been the hardest thing ever, he has never seen the twins besides in pictures it hurts my heart, although he has made mistakes in his past life he is a kind hearted wonderful man. Our children shouldn't have to suffer the consequences. We need to pray for these people that tear our families apart. They either don't understand or they don't care. Our families need to be protected from immigratiom laws. I just want my family protected and back together. I will continue to pray for God to bless us.
leon blakey on Apr 30, 2006 at 23:50:54 said:
My English wife was deported and put in a INS detention center for 14 days. We were going to Canada to put her on a plane when at the border, we was arrested. We applied previously but because of the back log, the paper work was done prior to leaving to go to her son's wedding in England. Our marriage, life and financials have been seriously damaged by her being departed and now we face many months if not years for her to com back here legally. The idea that the Mexicans can get a free pass and have me and wife suffer is really very distrubing. The fact they can jump in line after entering this country illegal make a mocker of our country and law. The jobs they take away from other minorities who are here illegal is a nother issue. Look at Katrina. You will see more illegal working under contract then blacks who live there. The whole idea that they can stay is because of the jobs is offensive. Every 3rd world country, there are laws like in Egypt were only so very few americans can work or own a business is an example since I use to own a business there. To me we are being black mailed by criminals. Many I should meet my wife in Mexicao and cross illegally to get her citizenship. It's cheaper, faster and seems to be the american way.
Ram K Singh on Apr 28, 2006 at 23:02:00 said:
Mr. Michael,
I am talking about all those who entered this country illegally and I want to make clear that the taxes that illegal might pay, hardly covers the resources they consume.
I have studied American History beginning with the day when first Europeans landed on Plymouth Rock. If you want me to study any particular section in detail please mention that.
Since the number of illegal invaders are just an estimate, I have to take a number 11 million and compute taxes they pay on an average salary. None of the numbers beibg quoted, are correct whether those are quoted by you or anyone else.
So you believe that when a law is broken, it should be changed? That is a new concept and we have to come to accept that before we change the laws. Solution has been there for almost hundred years, enter this country legally and not illegally. We will see if Americans agree with you and your position after the election. Right now, we will let you wave flags of foreign nations in every demonstration. It may be a practical approach to take the word “Felon” out, but provisions remain that the law breakers would not be placed iahead of people of the world who are waiting in the line to immigrate legally.
You are one of the twenty million black who is not an American you say? I have many black friends, and no one has made such outrageous claim. If you are not an American, well you should profess your true national identity. I know, not everyone is an American. You should speak clearly about the hypocrisy and American nightmare you are talking about. You should pursue your dream and be happy. I am sure no one is holding you back.
Personally, I am a naturalized citizen and I have realized my dream by following my heart and making real effort.
Michael on Apr 28, 2006 at 04:01:41 said:
Hi Mr. Ram K.
I want you to inform you that you need to learn history.
1.- He is not talking about Mexico; He is talking about Dominican Republic.
2.-He is not talking about taxes has not been paid or not.
I saw most of your comments and they had a rethoric and xenophobic comments about Inmigrants.
I encourage you to learn what an Illegal or legal Inmigrant has been contribute to this Country.
Those numbers are you mentioned are not accurate and Yes I am agree that the U.S.Inmigration laws are broken and needs to be change.
You should be looking for solutions rather than people like you or Racist lawmakers on the Republican ultra-Right now assure us -- after they were deeply stung by the protests of millions, and after we won the hearts of 62% of the US population -- that they want to drop the provisions in new immigration laws that would make migrants felons.
I'm not an American. I'm one of the twenty-two million Black people who are the victims of Americanism. One of the 22 million Black people who are the victims of democracy -- nothing but disguised hypocrisy. So I'm not standing here speaking to you as an American, or a patriot, or a flag-saluter, or a flag-waver -- no, not I. I'm speaking as a victim of this American system. And I see America through the eyes of the victim. I don't see any American dream; I see an American nightmare.”
-- Malcolm X
Ram K Singh on Apr 28, 2006 at 02:02:37 said:
* Long term or short term, every country has a right and an option to not keep criminals within their boundary if they were not a born citizen.
-->* As the number of illegal invaders keep growing, Government has no option but to use all resources in its power to contain and restrain the expanding population of illegal entrants.
* Supreme courts exists to serve the citizens of this nation and not the world population whose countries can’t provide opportunities for them.
* Since the illegal are expanding and spreading farther into the country, only option to contain illegal is to use law enforcement in this all pervasive invasion.
* I am sure all of you have walls, fences and doors to protect your home, If the creating wall is only way invaders can be kept out let us build triple wall, with electronic surveillance system.
* Homeland Security Resources should be well used in removing the invaders.
* To keep an account of documented workers, some system is necessary.
Laws are made to protect the citizen of the country and not invaders. You complain the harshness of American policy, have you looked through Mexican Policy towards invaders? As far taxes are concerned, illegal invaders pay less than $6 billion in taxes and receive $70 billion in social services and cost USA $220 billion in law enforcement cost.