Tag Archives: law

Sleepless in San Ysidro

If only I could sleep. Tomorrow is too important. That’s why I can’t sleep. If I’m too tired tomorrow how can I be strong for myself and for my kids. By tomorrow this time where will I be, where will my children be? I don’t want to think about it. But I can’t help it. I can’t help thinking that I have done this to my children. That I have put them through so much danger, that I don’t know what kind of dangers are ahead for them. What will happen if we are separated? How can they speak for themselves, they don’t know English, not enough to explain our situation. Neither do I, but at least if we were together—

Look at the way Antonio is sleeping, hugging his backpack like it was his old stuffed dinosaur. Jacklyn, thank god, she’s asleep, poor thing. I hope she doesn’t remember that nightmare when she wakes up. But how will she ever lose the memory of what happened to her after we left Durango. Molested by that gang member who carried drugs, while I was throwing up in the brush from the bad food. Her clothes torn and she had thrown up, too, from the things that monster did to her. Even now, look at the way that man sleeping near her keeps inching closer every time he turns over. In a minute I am going to wake her and trade places with her. She didn’t deserve any of this cruelty.

I really wish to god I had turned back before we got to the border of Mexico. But the farther we went the harder it was to turn back. How can I ever forget this living nightmare? This thing I have done, listening to false promises and lies and giving all our money to these bastard smugglers, these “coyotes”, who tell you they will keep you safe and get you to the U.S. and you will have a job there and a place to live. I was a fool, just like all these other people. And now look what I’ve done to my children. I suppose that’s the real reason why I can’t sleep.

Robbed twice, then arrested by Mexican immigration, they separated me and my children for two days. Then they finally let us go and told us not to stop until we reach the U.S. border. I was almost raped by that bastard smuggler but those two men from my country were nearby and saw I was in trouble and scared him off.

I miss the baby so much. But how could I bring her? You can’t take a three year old on this kind of travel. Some people do, but—. Will I ever see her again? Will I ever see Grandma? Sometimes I wonder if I ever really will.

In the morning I have to be sure the children remember those two words: Asilo Politico. The coyotes tell us that the Americans have nice hotels for families like us, we will get our own room, food, everything we need while they listen to our case. I don’t really believe any of that. I don’t know where they will put us. I don’t know if they will take my children from me. But I know they will not harm my children, they have compassion, they will give them plenty of food and a safe place to sleep with other children. Maybe they will let me visit them. That is all I care about. Maybe I will be able to sleep at night then. If I could only sleep now. But first I must move Jacklyn to the middle, between me and Antonio. I don’t want to wake him. He needs these few hours of peace. Before tomorrow comes.

No such law

I’ve been away from immigration law for six months now, but I can tell you this: There is no law that requires undocumented children and parents to be separated. If there were such an absurd law, you would have known about it long ago. Family unity is a fundamental principle of our immigration laws. You find it written into all aspects of our laws.

There are various laws and regulations that require certain removable aliens to be detained. Some criminals and those who pose a terrorist or security threat must be detained. Others may be detained or have a reasonable bond set if they are a danger to the community and/or are a flight risk. A lack of strong ties to the U.S. or the lack of any legally valid basis for remaining here generally indicate that the individual may be a flight risk.

If a parent is detained for one of the above reasons, then obviously the child cannot be kept with the parent in an adult detention facility and must be placed elsewhere. Undocumented children are not kept in immigration jails. Under the Flores v. Reno class action settlement, such children must be placed in the “least restrictive” setting appropriate to their age and needs. This might be a licensed group home or foster home, if no other relative is available. They go to school, receive medical care, counseling, etc.

Homeland Security has built family detention centers with family living units, but there are tens of thousands more families than can be accommodated. And other class action lawsuits have caused some of these centers to be shut down.

Family separations are thus an unfortunate, albeit temporary, situation that comes with immigration enforcement. Such separation should never be used as a deliberate policy.