Stories

January 7, 2009 will forever be the day that Kealy (not his real name) was taken from his family. Kealy, a New Yorker and a longtime lawful permanent resident of the United States is one of many, who has fallen victim to the U.S. immigration detention system. He is a loving and dedicated father who has made America his home for twenty-three of his twenty-five years. He knows nothing of his country of origin; it is a land that is foreign to him.

Kealy describes how he was taken into Immigration and Customs Enforcement (ICE) custody in January 2009 after being detained in Riker’s Island jail in New York City for an alleged parole violation. Kealy was found not guilty of the parole violation. Nevertheless, he was held at Riker’s Island jail on an immigration detainer issued by ICE and later taken to immigration detention. Immigration detainers allow ICE to detain individuals for up to 48 hours (excluding weekends) for what ICE calls “investigative purposes,” without actual evidence that the person has committed a crime or is unlawfully present in the country.

Since ICE took him into custody more than a year and a half ago, Kealy has been moved to the Varick Detention facility in Manhattan, New York, then to York County Prison in Pennsylvania and finally to the Port Isabel Detention Center in Texas.

While Kealy has been in immigration detention, his six-year old son has been taken away from him and placed in the custody of NYC Child Services. He is currently in foster care and is seeing a child psychiatrist for the trauma of being ripped away from his family. When Kealy was able to speak with him, his son told him that he was being good so that his father would come and get him. Kealy fears that he will never see his son again.

“I cannot let my son grow up without a father & mother. I love my son with all my heart. I have established a great bond with him that I would like to believe will not be broken by distance. The harsh reality of it is that it will be…My son needs me and I feel helpless.”

Kealy describes the great toll the stress of detention and separation from his family has taken on him:

“I am currently suffering from hypertension, one of the leading causes of death in African American men next to guns, and drugs. I am taking three different high blood pressure medications and will have to take them for the rest of my life. I do not know where this has come from, as it does not run in my family and I am not overweight. I can only conclude that this stress is eating away at me slowly.”

Kealy explains how a lawful permanent resident that has lived in the U.S. for 23 years has ended up in detention while his U.S. citizen child languishes in the child welfare system:

“I never thought after my incarceration that I would be subjected to deportation. I was incarcerated for three years and was interviewed by ICE. I wrote to ICE and asked if any action was being taken against me. Their response was that I was a citizen through derivation. I was released from state custody in February 2008 and placed on parole. I was working and taking care of my responsibilities. I was violated while regularly reporting to parole due to a false accusation. I spent 14 days on Riker’s Island just for the parole court to conclude that there was no probable cause for this violation."

Kealy’s case is one of many where a family has been completely destroyed. Family separation has long been one of the most devastating and disturbing impacts the detention and deportation system has had on individuals, non-citizens and United States citizens alike.

“I would like to leave you with these words: ‘We are in the midst of a massive, decade-long deportation experiment that is exceptionally harsh ad cruel by virtually any historical or comparative measure. Indeed, many millions of non-citizens, their families, and their communities have already felt the dreadful power of this system.’ – George Bruno”

Pedro’s Story:

Pedro was only 8 years old when he entered the United States. This is his story told by his wife, Emily Guzman.

How it all began…

Approximately 3 years ago, Pedro's mother went in to the immigration office for her permanent residency interview. Our biggest mistake, in hindsight, was not sending a lawyer with her. She is older and her memory is not great. In the interview, she made a mistake and was denied permanent residency. Pedro was then sent a Notice to Appear in Court by immigration authorities. The problem occurred when they sent the Notice to Appear to the wrong address even though they had the correct address. They had sent him his work visa and other paperwork to his correct address earlier that same year. When he did not appear to the court date, because he did not receive the order to appear in court, he was issued an order of deportation.

Our thoughts upon receiving the letter of deportation:

After he was issued an order of deportation, we consulted a lawyer. Unfortunately, we did not have the money at the time to hire him. I was also under the naive assumption that because I am a United States citizen and we have an American born son, that Pedro would be protected.

Everything happened so fast, Pedro was gone in just a moment…

On Friday September 25, 2009, at 4am in the morning, there was a loud banging on the door and someone shouting, "Police! Open up!" I knew it was immigration. I also knew it was better not to open the door. They banged and yelled and shined flashlights into our windows. We were terrified! After about 30 minutes of banging and fear, they left. Logan, our 3 year old son, was terrified and traumatized. So were we. We called the lawyer that day and the lawyer did not call us back. We spent the weekend on edge. On Monday September 28, 2009 at 8am, Pedro, Logan and I walked out of the house. Pedro was carrying bags to take to Goodwill and load up into the car. Logan and I were going to have breakfast.

Suddenly, an SUV drove up and two men jumped out and grabbed Pedro. They handcuffed him and told us that they were from ICE and they would be detaining him because of an order of deportation. I told them that my son was only 3 years old and did not understand what was going on. I asked them if he could say goodbye to his father. To my surprise, after several requests, they agreed to let them say goodbye. Pedro was still handcuffed so they could not hug. Pedro was able to give Logan one kiss and say goodbye.

Pedro’s detention history:

Pedro was first detained in Wake County jail. After one day, he was transferred to Alamance County jail, a local jail, in North Carolina run by the Sheriff that ICE rents bed space from. We hired the lawyer with the help of my mother and grandmother that week. He was in Alamance for about a month.

During this stay, we made one attempt at visiting Pedro with Logan. It was a disaster. Alamance County Jail has visitation through video camera. Logan did not understand why his dad was on TV and had a complete meltdown. I visited him alone 3 more times.
At the beginning of October, Pedro was transferred to North Georgia Detention Center in Gainesville Georgia. I drove 5 hours there for a 1 hour visit through glass and then I drove five hours back, all in one day.

Six weeks later immigration authorities admitted their mistake (sending vital information to the wrong address) and agreed to reopen the case and stay his deportation temporarily until a final decision about the case. We were optimistic.

On November 12, 2009, Pedro was transferred to Stewart Detention Center in Lumpkin, Georgia (9 hours from where we live.) During the month of December, there were three different court dates that were scheduled and cancelled by the judge. He eventually had a bond hearing on December 9th and a Master Calendar hearing on December 21st. That month the judge asked for tax documents and I immediately got tax documents for 2000-2008. The lawyer submitted them. Judge Cassidy had stated that filing taxes proves good moral character. The weekend of the 11th, Logan and I went to visit Pedro driving 20 hours in one weekend. The visit went well but it was also heartbreaking to see Pedro and Logan playing "hide and seek" through glass.

On December 15, 2009, the judge stated that he did not believe that Pedro was eligible for relief under Nicaraguan Adjustment and Central Relief Act (NACARA), did not want to entertain Pedro’s case for immigration relief, and denied him bond. There was another master calendar hearing set for January 4, 2010. Pedro decided to write a letter and read it to the judge. Judge Cassidy refused to hear the letter read.

On January 4, 2010, there was miscommunication between the lawyer and the judge and they continued the Master Calendar hearing to January 25, 2010. We began to consult second opinions. On January 8, 2010, we decided to hire a new lawyer because he had experience with Judge Cassidy. On January 15, 2010, the appeal for the bond decision was filed. On January 25, 2010, Judge Cassidy still stated that Pedro was not eligible for NACARA relief.

On February 16th, Pedro was finally granted a court date to present his case, which was scheduled for March 18, 2010. We began to prepare witnesses and make travel plans in order to prove extreme hardship if he was deported and also that he has good moral character.

On March 18, 2010, two of my friends drove 10 hours and my mother, Logan, my sister-in-law, and I drove 9 hours to attend the court date. Shortly after we arrived, we spoke with the attorney who stated that the Judge still did not believe that Pedro was eligible for NACARA. As we waited to hear the judge explain to us why he was not going to give Pedro a court date, the attorney showed me the statute in the immigration law that clearly stated that Pedro was eligible. When we entered the courtroom and sat down, Pedro also entered the courtroom. At that moment I quickly touched his hand. It has been the only time in 8 months we have been able to touch each other and it lasted about 5 seconds. The judge then proceeded to tell us that he still did not believe that Pedro was eligible for NACARA and that his final decision was to deport Pedro. He also said that we could appeal his decision.

After the terrible mishap of a "court date" we problem solved with the attorney. Under NACARA, an applicant is disqualified if they have an “aggravated felony” conviction, which Pedro does not have. Pedro had two misdemeanor marijuana charges (possession of less than a packet of sugar in size) in winter 1998 when he was a teenager. Under the immigration law, “aggravated felonies” do not, in fact, have to be felonies. One of Judge Cassidy's justifications for deciding ineligibility was that these two nonviolent misdemeanors constituted an aggravated felony, thus warranting Pedro’s mandatory detention without the possibility of bond and taking away his ability to stay in the United States. Our lawyer stated that it could help if we had the two misdemeanor marijuana convictions vacated. We contacted a lawyer in California.

At the beginning of April we received notice that the bond appeal (that we filed in January) was granted!! We were so excited!! Surely it meant he could get out! Our hearts fell when we found out that the Immigration Board of Appeals still had to make a recommendation, which would then be sent to Judge Cassidy, who still makes the final decision. On April 7, 2010, Judge Cassidy ignored the Board of Appeals’ recommendation and denied Pedro bond. In the document denying Pedro's bond, Judge Cassidy made statements that were completely untrue about Pedro as if he never read his file.

On May 6, 2010, one of the convictions was vacated because the lawyer argued effectively that Pedro was not properly informed that the conviction could affect his immigration status. On May 9, 2010, the appeal for the final decision on Pedro’s eligibility to stay in the U.S. was filed to the Board of Immigration Appeals. Additionally, on May 18, 2010, a motion to reopen the case was filed, due to new information (new information being the vacated conviction).

Where is the case now?

Currently, we are awaiting the decision for the motion to reopen and if the Judge agrees to reopen the case, we can file a request for bond again. We are also waiting for the decision about the appeal of the final decision to deport Pedro.

For more information on Pedro and his family, visit
http://www.logansdad.org

“[My] Human Rights have been violated and [I] am very sad, depressed and anxious. [I] consider my dignity was unjustly offended, and my dignity and moral [sic] are very important.”

Raymond (not his real name) is yet another individual who has fallen victim to the inhumane immigration system. Raymond speaks three languages: English, Russian and Spanish, holds a dual degree in economics and chemical engineering; enjoys classical music, designing computer programs, cooking and attending church. Raymond speaks of his desire to return to his wife who is in bad health and suffering extreme financial and emotional hardship as a result of her husband’s detention. Raymond also has two daughters in Cuba who rely on him for financial support.

Raymond is a Cuban citizen who has been detained by Immigration and Customs Enforcement (ICE) for over six months in a detention center in Texas. The U.S. and Cuba do not have a repatriation agreement. As a result, Raymond cannot be deported to Cuba and faces indefinite detention. Raymond is fighting for his freedom alone. He joins the vast majority of individuals in detention who are not represented by counsel.

Raymond came to the United States seeking political asylum. After he was fired from his job at a petroleum refinery for his political opinions against the Cuban government, Raymond was no longer able to work in Cuba. Since Raymond’s arrival to the United States, he has cooperated fully with immigration authorities, was granted work authorization, held a job, and paid taxes. However, after Raymond pled guilty to an offense for which he received a sentence of probation, he was placed into deportation proceedings. His criminal defense lawyer never advised him of the immigration consequences that would result from the guilty plea. Raymond explains that he “realizes [he] made mistakes in the past but he has learned from them and he was a good productive member of society and that he can continue to be a productive member of society. He has a healthy support network available that will help him succeed outside of detention.”

Raymond has tried to make the best of his experience despite the toll indefinite detention is having on him. He volunteered in the law library, working to help other individuals who do not have lawyers. He also worked as a “pod cleaner” and was responsible for cleaning one of the dorms in the detention facility. His salary for this work was $1 per day – pay he never received. Raymond also describes mistreatment by guards. During a shakedown, detention guards threw his eyeglasses, breaking the lens, and never replaced them. The guards also threw his high blood pressure medication and he was unable to replace the prescription until four days later. Raymond suffers from Myopia and astigmatism –resulting in severe headaches when he is unable to wear his eyeglasses.

After six months of incarceration, Raymond is pleading for his freedom. His story is an example of the U.S. government’s arbitrary and unnecessary use of detention: Raymond does not pose a flight risk, he has a stable residence, a job to return to, and the unconditional support of his wife and family, yet he faces indefinite detention.