Society & Culture - Posted by Claudia Morain-UC Davis on Monday, April 12, 2010 11:39 - 12 Comments 
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(3 votes, average: 4.67 out of 5) Loading ...Deportation hurts young U.S. citizens
Current immigration laws severely restrict the ability of judges to consider the impact of deportation on children, the report notes. The authors recommend restoring judicial discretion in all cases involving the deportation of lawful permanent residents with U.S. citizen children. “As Congress considers immigration reform, it’s time to focus on how the current system tears apart families and threatens the health and education of tens of thousands of children,” says Aarti Kohli. (Courtesy: iStockphoto)
UC BERKELEY / UC DAVIS (US)—The United States government deported the lawful immigrant parents of nearly 88,000 citizen children between 1997 and 2007, most for relatively minor crimes, according to a recent report.
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The deportations often resulted in psychological harm, behavioral changes, and problems in school for the children left behind.
The report is based on analysis of data provided by the U.S. Department of Homeland Security, interviews with affected families, and comparisons of U.S. and international human rights standards.
The study was a joint project of the Immigration Law Clinic at the UC Davis School of Law, and the International Human Rights Law Clinic and the Chief Justice Earl Warren Institute on Race, Ethnicity and Diversity at the UC Berkeley School of Law.
Drastic revisions to U.S. immigration laws in 1996 led to large numbers of deported lawful permanent residents (green card holders), who now make up nearly 10 percent of immigrants deported from the U.S., according to the report. More than 68 percent of the deported green card holders were deported for minor crimes, including driving under the influence, simple assault, and nonviolent drug offenses.
“It is often the children in these families who suffer the most,” says Raha Jorjani, a clinical professor of law at UC Davis and supervising attorney for the UC Davis Immigration Law Clinic. “This nation should take into consideration the impact on families of uprooting individuals with such strong ties to the U.S.”
Current immigration laws severely restrict the ability of judges to consider the impact of deportation on children, the report notes. The authors recommend restoring judicial discretion in all cases involving the deportation of lawful permanent residents with U.S. citizen children.
“As Congress considers immigration reform, it’s time to focus on how the current system tears apart families and threatens the health and education of tens of thousands of children,” says Aarti Kohli, director of immigration policy at Berkeley Law’s Warren Institute. “This report makes a strong case for restoring judicial discretion so immigration judges can weigh the best interests of children when deciding whether to deport a parent.”
The report examined deportation records between April 1997 and August 2007. The nearly 88,000 legal residents who were deported during this decade had lived in the U.S. an average of 10 years, and more than half had at least one child living at home, the study found. About half of the children were under age 5 when their parent was deported.
In 1996, Congress also significantly broadened the category of crimes considered an “aggravated felony,” the report notes. Although this category initially included only the most serious offenses, it now includes nonviolent theft and drug offenses, forgery and other minor offenses, many of which may not be felonies under criminal law.
Lawful permanent residents convicted of an aggravated felony are now subject to mandatory deportation and other severe immigration consequences.
“Parents who are deported on the basis of criminal convictions are being punished twice for the same mistakes,” Jorjani says. “Even after successfully completing their criminal sentences, they are subject to penalties within the immigration system — and risk losing their families.”
Families interviewed for the study reported negative health impacts, such as increased depression, sleeplessness, and anxiety. Children also reported plummeting grades, increased behavioral problems, and the urge to drop out of school to help support the family.
The study compares U.S. immigration policy to international standards that more adequately address potential family separations in deportation hearings.
“The rights to health and education are firmly entrenched in international human rights law, and nearly every major human rights treaty recognizes the need for special protection of children,” says Laurel Fletcher, director of the International Human Rights Law Clinic at the UC Berkeley School of Law. “The U.S. should consider revising its policy to mirror European human rights standards, which permit judges to balance a nation’s security interest with the best interests of the child when considering deporting a parent.”
The report outlines a number of U.S. policy recommendations, including:
- restoring judicial discretion in cases involving the deportation of lawful permanent residents who have U.S. citizen children;
- establishing clear judicial guidelines in these family deportation cases;
- reverting to the pre-1996 definition of “aggravated felony”;
- collecting data on U.S. citizen children of deported lawful immigrant parents to gain fuller understanding of impact of deportation laws.
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12 Comments
Michael Hester
2martins
while DUI may be considered a “minor crime” it certainly has the potential for MAJOR harm. One drunken driver can cause an accident that kills DOZENS of people. Since drunken driving may be more prevalent in certain cultures, it behooves us to make sure that the citizens and legal residents we let in understand that it is NOT acceptable here. One way of doing this is making it grounds for deportation. There are plenty of people who want in the US. Why not restrict it to those who don’t commit crimes at all? If your parent were killed by a drunk driver, you would not consider it a “minor crime.”
A judge should be allowed to consider multiple aspects of the home before deportation. Is there more than one offence and how significant is it? DWI and drug offences indicate a “I don’t care” attitude. Are the kids well cared for and doing well in school? Does he or her have a good work record? Has this person ever skipped a hearing? In essence, is this person someone we want to keep?
IGotAComment
Why not deport the little kiddies back with the criminal parent and their spouse. No sense separating the family.
pat a thomas
Are the “negative health impacts, such as increased depression, sleeplessness, and anxiety…reported plummeting grades, increased behavioral problems, and the urge to drop out of school to help support the family” clearly attributable to deportation or do the illegal activities of the parents and the cluster of attitudes and behaviors that accompany them have an influence?
“nonviolent theft and drug offenses, (and) forgery” are never really nonviolent or minor offenses – the consequences are violent to the victims’ sense of well-being, emotional and physical health, and quality of life. Minimizing the effects of crime on victims has gone on too long, as has providing ready-made, unthinking, knee-jerk excuses for those who commit the crimes.
2martins
I personally have a problem with “deporting” American citizens, who no fault of their own, have parents who are here illegally. Some of them do not speak any other language besides English and have never even been to any other country. Even if they DO choose to go with their parents, they will almost certainly be back someday since they are American citizens, only then they may NOT speak English well, nor be well educated. They will end up paying more taxes and using fewer public services over their lifetimes if they are educated here than if they are educated where their parents came from.
How would you feel if YOU were the American citizen in question?
william m. martinez
I don’t care how many gangbangers, criminals and other undesirables you deport, but the problem is, that the majority of them come back and they bring with them others like themselves. The problem is, that too many good people get deported, those that try very hard to stay out of trouble, so that they can stay and earn money doing work that others do not want. Most of these folks are exploited in some fashion and pay into our social security system without hope of ever recieving benefits and yes they are accused of using too many of the services that are in place.
What sort of answer would one get if the asked GOD how should we deal with this situation? w mtz
SBP
The problem is that some of those deportees do not even speak their native language, do not have any family or friends in the home country. Some of them have been in the US most of their adult life. They di not have a place to take thier children. Yes, some have criminal history here, however every case is different. Unfortunately government does not have time to review every criminal case that person had. Many people had wrong convictions because they had a bad lawyer and did not know what they are getting themselves into. Children suffer the most.
When deported families go back with US citizen children, some countries require to give up the US citizenship in order for those children to be enrolled in school and to have health insurance. Parents will have no choice but apply for new country’s citizenship. It creates a mess!!!!
Every case is different, there are no same situations. That is realy sad.
FreeVoice
This mass indiscriminate deportation of criminal detainees (without differentiating the nature of the offense; contribution to society and roots/family ties) does not seem to serve any fruitful purpose. Our Country has prided itself for “Equal Rights for all” and it is the very constitution that guarantees the fundamental rights and civil liberties of every person in this country. When the government has the power to deny legal rights and due process to one vulnerable group, everyone’s rights are at risk. Non-citizens are often the first and most vulnerable targets of government abuse. So is it OK for a person to committ a heinous crime , serve time and enjoy the benefits of his/her right to live in this country just because of the citizenship status???
Upholding the rights of the politically disenfranchised is vital; when the government has the power to deny legal rights and due process to one group of people, it puts all our rights in danger. I have up, close and personal experience witnessing these irrational judicial decisions that have separated mothers from their children; husbands from their wives and kids and torn down the very fundamental structure/philosophy that this Country was founded on.
mario montanes
look. the law is so unjust they dont even take in accountability the time , productivity and the long term effect when deporting alliens. those laws where basically enacted and pushed t ru the system by racists agendas who still believe in the all white and blond america. remember mr griinwitch and friends from the state of ga??. there you go. what about all those kids that have been expatriated to third world countries. they loose all their rights. you see the law is unjust,bias and serves 1st class citizens. maybe america is heading to a secong germany without the furer.
karie escalante
equal rights and freedom are only dreams, but reality is a nightmare. These children are going thourgh hard times. It’s not right to seperate them with their family. Many teens that are left here in the u.s. and soon drop out of high school just to support the family. What excatly are we doing to our future citizens? People don’t see what effects are leaving behind on these children. I witness teens supporting their families and having little brothers and sisters being raised by the oldest slibing. It’s actually quiet sad to know that these kids won’t know who was their rightful mother. Teens are scraficing their edcuation for their families. And if they can’t go back where their parents came from because they were born here in the United States. Everyone is an immgrant exculding the Native Americans.
Manny
I was deported in 2003 and I left behind my fiance and child, for me the effects have been mainly sleeplessness, nightmares that usually consist of me dying in some fashion or another and stress that brings numbness to my limbs and skull area. My hair has gone completely gray ten years on the symptons are the same. I dont plan life anymore, I just wait for death and sometimes find myself praying that it comes soon. I feel stateless as I have no ties to the country in which I was deported to and do not speak the language. I left soon after I arrived and have moved from country to country ever since, but finding that none will ever be home.
Today, I have no responsibilities as a parent and my children have lived without a father since I was deported. I try to speak with them on the phone, but it becomes an emotionless event after time and I feel like they speak with me because they are told to and not because of any particular bond. At the end of the day, I dont know what the future holds for them as my wife has cancer and she raises them herself. I will take them into my care should anything happen to my wife, but I have to wonder what life I will be able to provide for them in these uncertain times.
The reason I am commenting is because many years back I couldnt help thinking that I was deported as punishment, but at the end of the day the only ones that have suffered greatly from it have been my wife and children, they are the true victims. All the while the American taxpayer pays their way and will continue to do so for quite possibly the rest of their lives.?
It`s a complex issue that can`t be addressed by one or two line suggestions. Establishing clear judicial guidelines in family deportation cases…having mandatory educational programs in these areas for green card holders…and collecting data on children of deported lawful immigrant parents are good starting points. As the former Vice Chairman of Prevent Child Abuse America, I have a bias toward children and their welfare. On the other hand, parents must be mindful of the consequences of their actions.
It`s an involved, but meaningful endeavor. In 90 days a task force could craft intelligent suggestions affecting federal law, if this was something that would be acted upon.
Mike Hester