Immigration In Perspective

Categories: Immigration Lawyer Blog San Diego

Over the past week I’ve encountered some increasingly disturbing immigration related cases that demonstrate the inconsistencies, injustice, and lack of perspective our society has regarding immigration crimes.

The first of two cases are women whose children suffered abuse at the hands of their father. In one case the wife first sought the advice of her priest who advised her that she should allow her husband to return to their home and respect the sanctity of their marriage.  The wife did so, for two weeks, after which she consulted a social worker who with her consent, called the police and had her husband arrested for abuse.  Unfortunately the wife/mother was also arrested and convicted of criminal negligence for allowing the husband to return home for two weeks.  Then she was turned over to ICE and placed in deportation proceedings, where the court found she had been convicted of child abuse, was therefore ineligible for relief, and ordered her deported.  No word on where her four US citizen children will be living while they recover from the abuse they suffered from their father.  This case is sad enough but is even more infuriating when juxtaposed against another child abuse case where a woman’s US Citizen children were regularly beaten with sticks by their father, leaving welts and bruises on their bodies.  The mother left with the children and was later placed in proceedings by ICE and applied for protection as the parent of children who had been abused by a US citizen.  The court in this case however said that this hadn’t been child abuse, that she was ineligible for relief and ordered her deported.  So here we have it:

–        letting your children live with a child abuser for two weeks before calling the cops on him: Child abuse

–        repeatedly beating your children with sticks to the point where they bruise and welt: Not child abuse

Next up is a case of unlawful reentry after deportation.  This is an important topic as the Obama administration in its “maybe if I give him half my lunch money the bully will let me keep the rest” approach is consistently deporting more people than ever in the history of this country, and increasing resources to its Criminal Alien Section.  In this February 14th press release, http://www.ice.gov/news/releases/1102/110214mcallen.htm, ICE touts the 57 month sentence of a Mexican national for unlawful reentry after deportation as a great success for the program.  In the press release, they also mention that the man in question had previously been deported for drug trafficking in 1991 (20 years ago) and that for that crime he had received 49 months in prison. I don’t know about you, but I see drug trafficking as a much more dangerous crime than unlawful reentry.  Additionally, the man’s most recent arrest had been failure to identify himself to a police officer, a fairly innocuous crime which many see as a form of civil disobedience.  Unfortunately, ICE sees this as a win, one large enough to deserve a press release on their website, and one that will undoubtedly be used by the Obama administration in their misguided attempt to charm the Republicans into enacting Comprehensive Immigration Reform.  There isn’t enough information on the case for the reader to determine whether this was a win for society or not, but I have no doubt that ICE’s time & resources would be better spent elsewhere tracking current criminals not those from twenty years ago, and certainly not mothers who are struggling to protect their children in a difficult situation.

–Danielle