BY ERIN HARTWIG
Northwest Missourian
October 12, 2011
The U.S.-Mexico border is not as out of control as the press sometimes makes it seem, writes Janet Napolitano, Secretary of the Department of Homeland Security in a press release issued Oct. 5. For the last two and a half years, there has been a huge decline in the number if illegal immigrants crossing the border and dramatic increases in seizures.
In 2010, the Immigration and Customs Enforcement deported more than 195,000 convicted criminals, 81,000 more than in 2008.
Congress doesn't have a clear-cut set of rules and regulations regarding border patrol and the reform of immigration laws. The states themselves have had to create their own patchwork of laws to help secure our border with Mexico.
Napolitano aims to change this. If Congress and the states work together, it will be easier to prevent illegal immigrants from crossing the border.
Before Obama came into office, the immigration enforcement policies were such that as many resources were spent on arresting and deporting college students as much as convicted criminals. ICE conducted worksite raids and didn't consistently punish the employer, or target those people who posed a threat to public safety.
There needs to be a priority system to judge whether or not an illegal immigrant should be deported. America needs to deport more of the illegal aliens that have been convicted of crimes. Some of the people who cross the border from Mexico come here specifically to commit crimes against U.S. citizens; some come for a better life for their children and for opportunities that aren't available in their home countries. The people who were born to illegal immigrant parents or came here as children deserve some sort of immunity to deportation. Many of children of illegal immigrants don't even know they shouldn't be here. Yes, they are part of American's immigration problem, but they aren't a public threat.
There needs to be some sort of legislation in place that requires background checks on illegal immigrants. If someone has been convicted of a crime and they came to America illegally, they get deported. However, if the background check reveals no criminal history, they should be put through a system that would enable their legal residency in America.
Our country is unique and has been built on the backs of immigrants; this is how it should stay. However, all our country's immigrants should be legal.
http://www.nwmissourinews.com/opinion/article_3cc8a704-f52c-11e0-b2bb-001a4bcf6878.html
Showing posts with label Expulsions in MO. Show all posts
Showing posts with label Expulsions in MO. Show all posts
Friday, October 14, 2011
Wednesday, November 10, 2010
Adopted boy at center of immigration dispute
By TONY MESSENGER and NANCY CAMBRIA
St. Louis Post Dispatch
November 10, 2010
Backed by her country and a horde of supporters, a Guatemalan woman living in southwest Missouri sat before the Missouri Supreme Court Tuesday afternoon seeking custody of the child she hasn't seen in nearly four years.
The woman, Encarnacion Romero, sat in the front row, her pitch-black hair pulled back in a ponytail, unable to fully follow the proceedings. Romero doesn't speak English. A few rows back sat Seth and Melinda Moser, the Carthage, Mo., couple who adopted Romero's then 1-year-old boy after Romero was arrested and jailed in an immigration raid on a Barry County poultry plant in 2007.
The Mosers argue that even if their adoption wasn't proper — which is key to Romero's case — it wouldn't be in the best interest of the child to take him away from the parents he knows now and send him to another country.
The boy, who is a citizen of both the U.S. and Guatemala, speaks only English. Romero is awaiting deportation.
"This is a tragedy," Judge Richard Teitelman said during questioning in the case Tuesday. "The longer the case goes on, it's a case of justice delayed is justice denied."
The case is more than tragic, argued the Guatemalan ambassador to the United States — it's a symbol of the ongoing national and international debate about what to do with immigration policy in America.
"We believe this is a very unfortunate result of the problems of immigration policy in this country," said Ambassador Francisco Villagran de Leon, who attended the arguments before the court and has been providing support to Romero. "Children of undocumented immigrants should not be given up in adoption just because they are here illegally."
Romero was one of 136 alleged undocumented immigrants picked up at a raid of a Barry County chicken processing plant in May 2007 and later charged with various offenses related to the illegal use of false or stolen Social Security numbers.
While Romero was in jail, her child, an infant at the time, was passed around among family members before eventually being adopted privately by the Mosers.
In court documents and arguments in court today, Romero's attorneys argue that she was denied due process rights because the adoption took place while she was in jail, where she lacked proper legal representation. A state appeals court has previously ruled in her favor.
The case has drawn widespread attention nationally and internationally. It's a clash of two seemingly unrelated interests — those concerned about the aftermath of immigration raids that often lead to split families, and those who are fighting for the rights of adoptive parents. And both sides argue they only have the best interests of the child in mind.
Rick Schnake, the Joplin, Mo., attorney representing the Mosers, said that removing the child from the family he has known for the past few years would only compound the tragedy.
"This little boy is 4 years old. He doesn't speak Spanish, he speaks English," Schnake said in making his case to the seven-judge panel. "I don't mean to be caustic about it, but it's not the child's fault she was (in jail)."
But a ruling in favor of the adoptive parents would deeply impinge on critical parental rights, said Tony Rothert, legal director for the American Civil Liberties Union of Eastern Missouri.
"If the adoption is allowed to stand, it would set a dangerous precedent," he said in a phone interview Tuesday, noting birth parents are entitled to legal counsel at hearings and contact with their children throughout the custody proceedings.
"When these are just discarded, as they were in this case, the whole system would fall apart," he said.
In its brief, the American Civil Liberties Union of Eastern Missouri said the birth mother was denied proper legal representation because the adoptive family took it upon itself to hire an attorney to act on behalf of the birth mother during court proceedings intended to both terminate her parental rights and OK the adoption.
In questioning, it's clear that several judges questioned that apparent conflict of interest.
"There's a legion of cases under Missouri law that you can't have that kind of conflict," said Judge Laura Denvir Stith.
What complicates Romero's case, as her attorneys argued Tuesday, is that she served two years in prison for violating a law that was determined unconstitutional by the Supreme Court shortly after she was incarcerated.
"That just compounds the tragedy here," Rothert said. "She probably never should have gone to prison."
And further, the adoptive court apparently ignored evidence in that civil proceeding that the Mosers had been denied an application to the state of Missouri to become foster parents, in part because of the father's criminal record and a history of abuse on the mother's side of the family.
For all the emotion behind the arguments in the case, the state's high court could decide it on the mundane matter of court rules. The Mosers argue that Romero filed her paperwork seeking to overturn the adoption after the time limit allowed by the courts, leaving the Supreme Court with no jurisdiction in the case.
Several judges made it clear in their questioning during the case that they had concerns with how the adoption was handled, but the balancing act for the court, Chief Justice William Ray Price Jr. indicated, would be weighing the best interests of the child against the rights of Romero.
The court could return the case to the trial court level, or it could award custody to Romero or the Mosers.
In their legal briefs filed with the court, the Mosers argue that giving the child back to Romero could in effect make the boy a victim of his mother's deportation.
"He faces involuntary deportation to Guatemala if this adoption is undone and he is forced to follow appellant when her deportation occurs," wrote attorneys Schnake and Joseph Hensley.
But an advocate for female immigrants said such an argument shows that child custody decisions regarding their U.S. born children are too often based on unfair biases without properly taking into account whether the illegal immigrants are adequate parents.
"We have people in the child welfare system unfairly saying we don't think it's a good idea for the child to be reunited with the parent in the parent's country because we don't think the country is a good place for the child to grow up," said Emily Butera, a program officer with the Women's Refugee Commission, which filed a brief in support of Romero.
Since Romero was released from prison, she has been living in southwest Missouri not far from the Mosers but has still been unable to see her son. Attorneys for both sides disputed whether an attempt had been made for mother and son to meet.
The Guatemalan ambassador said the U.S. government has agreed to delay Romero's deportation until the case is resolved, but that she plans to return to her home country — hopefully with her son — once the case ends.
"She has a lot of faith," said Omar Riojas, one of Romero's Seattle-based attorneys. "She's a strong, strong woman."
http://www.stltoday.com/news/local/metro/article_3e99fc06-5fe5-56a6-9826-47b140bc41d1.html
St. Louis Post Dispatch
November 10, 2010
Backed by her country and a horde of supporters, a Guatemalan woman living in southwest Missouri sat before the Missouri Supreme Court Tuesday afternoon seeking custody of the child she hasn't seen in nearly four years.
The woman, Encarnacion Romero, sat in the front row, her pitch-black hair pulled back in a ponytail, unable to fully follow the proceedings. Romero doesn't speak English. A few rows back sat Seth and Melinda Moser, the Carthage, Mo., couple who adopted Romero's then 1-year-old boy after Romero was arrested and jailed in an immigration raid on a Barry County poultry plant in 2007.
The Mosers argue that even if their adoption wasn't proper — which is key to Romero's case — it wouldn't be in the best interest of the child to take him away from the parents he knows now and send him to another country.
The boy, who is a citizen of both the U.S. and Guatemala, speaks only English. Romero is awaiting deportation.
"This is a tragedy," Judge Richard Teitelman said during questioning in the case Tuesday. "The longer the case goes on, it's a case of justice delayed is justice denied."
The case is more than tragic, argued the Guatemalan ambassador to the United States — it's a symbol of the ongoing national and international debate about what to do with immigration policy in America.
"We believe this is a very unfortunate result of the problems of immigration policy in this country," said Ambassador Francisco Villagran de Leon, who attended the arguments before the court and has been providing support to Romero. "Children of undocumented immigrants should not be given up in adoption just because they are here illegally."
Romero was one of 136 alleged undocumented immigrants picked up at a raid of a Barry County chicken processing plant in May 2007 and later charged with various offenses related to the illegal use of false or stolen Social Security numbers.
While Romero was in jail, her child, an infant at the time, was passed around among family members before eventually being adopted privately by the Mosers.
In court documents and arguments in court today, Romero's attorneys argue that she was denied due process rights because the adoption took place while she was in jail, where she lacked proper legal representation. A state appeals court has previously ruled in her favor.
The case has drawn widespread attention nationally and internationally. It's a clash of two seemingly unrelated interests — those concerned about the aftermath of immigration raids that often lead to split families, and those who are fighting for the rights of adoptive parents. And both sides argue they only have the best interests of the child in mind.
Rick Schnake, the Joplin, Mo., attorney representing the Mosers, said that removing the child from the family he has known for the past few years would only compound the tragedy.
"This little boy is 4 years old. He doesn't speak Spanish, he speaks English," Schnake said in making his case to the seven-judge panel. "I don't mean to be caustic about it, but it's not the child's fault she was (in jail)."
But a ruling in favor of the adoptive parents would deeply impinge on critical parental rights, said Tony Rothert, legal director for the American Civil Liberties Union of Eastern Missouri.
"If the adoption is allowed to stand, it would set a dangerous precedent," he said in a phone interview Tuesday, noting birth parents are entitled to legal counsel at hearings and contact with their children throughout the custody proceedings.
"When these are just discarded, as they were in this case, the whole system would fall apart," he said.
In its brief, the American Civil Liberties Union of Eastern Missouri said the birth mother was denied proper legal representation because the adoptive family took it upon itself to hire an attorney to act on behalf of the birth mother during court proceedings intended to both terminate her parental rights and OK the adoption.
In questioning, it's clear that several judges questioned that apparent conflict of interest.
"There's a legion of cases under Missouri law that you can't have that kind of conflict," said Judge Laura Denvir Stith.
What complicates Romero's case, as her attorneys argued Tuesday, is that she served two years in prison for violating a law that was determined unconstitutional by the Supreme Court shortly after she was incarcerated.
"That just compounds the tragedy here," Rothert said. "She probably never should have gone to prison."
And further, the adoptive court apparently ignored evidence in that civil proceeding that the Mosers had been denied an application to the state of Missouri to become foster parents, in part because of the father's criminal record and a history of abuse on the mother's side of the family.
For all the emotion behind the arguments in the case, the state's high court could decide it on the mundane matter of court rules. The Mosers argue that Romero filed her paperwork seeking to overturn the adoption after the time limit allowed by the courts, leaving the Supreme Court with no jurisdiction in the case.
Several judges made it clear in their questioning during the case that they had concerns with how the adoption was handled, but the balancing act for the court, Chief Justice William Ray Price Jr. indicated, would be weighing the best interests of the child against the rights of Romero.
The court could return the case to the trial court level, or it could award custody to Romero or the Mosers.
In their legal briefs filed with the court, the Mosers argue that giving the child back to Romero could in effect make the boy a victim of his mother's deportation.
"He faces involuntary deportation to Guatemala if this adoption is undone and he is forced to follow appellant when her deportation occurs," wrote attorneys Schnake and Joseph Hensley.
But an advocate for female immigrants said such an argument shows that child custody decisions regarding their U.S. born children are too often based on unfair biases without properly taking into account whether the illegal immigrants are adequate parents.
"We have people in the child welfare system unfairly saying we don't think it's a good idea for the child to be reunited with the parent in the parent's country because we don't think the country is a good place for the child to grow up," said Emily Butera, a program officer with the Women's Refugee Commission, which filed a brief in support of Romero.
Since Romero was released from prison, she has been living in southwest Missouri not far from the Mosers but has still been unable to see her son. Attorneys for both sides disputed whether an attempt had been made for mother and son to meet.
The Guatemalan ambassador said the U.S. government has agreed to delay Romero's deportation until the case is resolved, but that she plans to return to her home country — hopefully with her son — once the case ends.
"She has a lot of faith," said Omar Riojas, one of Romero's Seattle-based attorneys. "She's a strong, strong woman."
http://www.stltoday.com/news/local/metro/article_3e99fc06-5fe5-56a6-9826-47b140bc41d1.html
Thursday, October 8, 2009
Illegal workers face variety of fates
by Andrew Gaug
St. Joe's News
Sunday, October 4, 2009
A growing Hispanic population in Buchanan County means a lot for the city, including more tax money, diversity and a bigger work force.
But not every person who comes from foreign territory is documented.
According to the St. Joseph Police Department, 32 undocumented workers were arrested in St. Joseph in the past year. Going on 2008 census data, that accounts for about 1 percent of St. Joseph’s estimated 2,980 members of the Hispanic community.
Capt. Kevin Castle of the Police Department said undocumented workers usually aren’t picked up on just their status, as police are instructed not to arrest them unless they’ve committed a crime.
“In our training, we’re told not to do it,” he said. “It serves no purpose.”
Mr. Castle noted that although the worker may have been arrested and placed on a detainer, or immigration hold, that doesn’t mean he or she will be deported.
Even further, Matthew Hoppock, an attorney at the McCrummen Immigration Law Group in Kansas City, said those who are arrested for being undocumented workers often deal with being labeled as people who crossed the border illegally.
“I think that’s almost painting with too broad of a brush. There’s a whole range of other people that get involved,” he said. “A good portion of what we see is a person that came on a visa that expired.”
Gail Montenegro, public information officer for the U.S. Immigration and Customs Enforcement Service in Chicago, which covers a six-state area including Missouri, said the person is picked up by her agency after the arrest.
“When they are placed on detainer, we get the notification from the local authorities when it’s time to release them from local custody. ICE should be contacted so the person can be turned over to ensure they’re not released out on the streets.”
ICE prioritizes its involvement in a case based on the person’s history, such as convictions of violence and previous deportations. The same types of criteria come into play in immigration court, when the judge decides whether the person will be deported or will stay.
“They could be removable because they came on a visa and it has expired, they have no visa, or because of some type of crime they have committed that has caused their visa to expire,” Mr. Hoppock said.
Another factor taken into consideration is the toll on the worker’s family. Mr. Hoppock said if the client is deported, it doesn’t mean others with him suffer the same fate.
While it may anger some people, there are several types of relief an undocumented worker can apply for. This includes asylum, where the persons fear being prosecuted by their homeland on their return, or proving that their family within the U.S. will go through extreme hardships without their presence.
Acceptance of both types of relief vary on a case-by-case basis.
“It all depends on the judge,” Mr. Hoppock said. “We have a judge in Chicago who will take cases in Kansas City on TV screen. He grants 30 percent of asylum cases in Chicago, but in Kansas City, it’s only about 17 percent.”
Though Police Department figures in the past year show a low number of undocumented workers being caught, that doesn’t mean everyone in the city is a legitimate citizen. Besides the police only arresting undocumented workers who commit crimes, some businesses don’t go to great lengths to identify undocumented workers.
“It’s not that hard for (businesses) to figure it out,” Mr. Castle said. “Some employers just don’t take that effort.”
An easy target in St. Joseph when it comes to undocumented workers is Triumph Foods, which opened in 2006. That is simply not the case, said Patt Lilly, chief administrative officer for Triumph.
The business uses a three-tiered verification system for applicants, including eVerify, which checks the person’s identity, and two systems that check the person’s Social Security number and where their card was issued.
“There is no benefit for us hiring undocumented workers. We pay good salaries and give good benefits,” he said.
Ms. Montenegro said people who believe they may know someone who is living in the country illegally can call ICE’s tip hot line at (866) 347-2423. She said all calls are taken into consideration by ICE and prioritized by the information given.
“The more specific, the better,” she said.
http://www.stjoenews.net/news/2009/oct/04/illegal-workers-face-variety-fates/#
St. Joe's News
Sunday, October 4, 2009
A growing Hispanic population in Buchanan County means a lot for the city, including more tax money, diversity and a bigger work force.
But not every person who comes from foreign territory is documented.
According to the St. Joseph Police Department, 32 undocumented workers were arrested in St. Joseph in the past year. Going on 2008 census data, that accounts for about 1 percent of St. Joseph’s estimated 2,980 members of the Hispanic community.
Capt. Kevin Castle of the Police Department said undocumented workers usually aren’t picked up on just their status, as police are instructed not to arrest them unless they’ve committed a crime.
“In our training, we’re told not to do it,” he said. “It serves no purpose.”
Mr. Castle noted that although the worker may have been arrested and placed on a detainer, or immigration hold, that doesn’t mean he or she will be deported.
Even further, Matthew Hoppock, an attorney at the McCrummen Immigration Law Group in Kansas City, said those who are arrested for being undocumented workers often deal with being labeled as people who crossed the border illegally.
“I think that’s almost painting with too broad of a brush. There’s a whole range of other people that get involved,” he said. “A good portion of what we see is a person that came on a visa that expired.”
Gail Montenegro, public information officer for the U.S. Immigration and Customs Enforcement Service in Chicago, which covers a six-state area including Missouri, said the person is picked up by her agency after the arrest.
“When they are placed on detainer, we get the notification from the local authorities when it’s time to release them from local custody. ICE should be contacted so the person can be turned over to ensure they’re not released out on the streets.”
ICE prioritizes its involvement in a case based on the person’s history, such as convictions of violence and previous deportations. The same types of criteria come into play in immigration court, when the judge decides whether the person will be deported or will stay.
“They could be removable because they came on a visa and it has expired, they have no visa, or because of some type of crime they have committed that has caused their visa to expire,” Mr. Hoppock said.
Another factor taken into consideration is the toll on the worker’s family. Mr. Hoppock said if the client is deported, it doesn’t mean others with him suffer the same fate.
While it may anger some people, there are several types of relief an undocumented worker can apply for. This includes asylum, where the persons fear being prosecuted by their homeland on their return, or proving that their family within the U.S. will go through extreme hardships without their presence.
Acceptance of both types of relief vary on a case-by-case basis.
“It all depends on the judge,” Mr. Hoppock said. “We have a judge in Chicago who will take cases in Kansas City on TV screen. He grants 30 percent of asylum cases in Chicago, but in Kansas City, it’s only about 17 percent.”
Though Police Department figures in the past year show a low number of undocumented workers being caught, that doesn’t mean everyone in the city is a legitimate citizen. Besides the police only arresting undocumented workers who commit crimes, some businesses don’t go to great lengths to identify undocumented workers.
“It’s not that hard for (businesses) to figure it out,” Mr. Castle said. “Some employers just don’t take that effort.”
An easy target in St. Joseph when it comes to undocumented workers is Triumph Foods, which opened in 2006. That is simply not the case, said Patt Lilly, chief administrative officer for Triumph.
The business uses a three-tiered verification system for applicants, including eVerify, which checks the person’s identity, and two systems that check the person’s Social Security number and where their card was issued.
“There is no benefit for us hiring undocumented workers. We pay good salaries and give good benefits,” he said.
Ms. Montenegro said people who believe they may know someone who is living in the country illegally can call ICE’s tip hot line at (866) 347-2423. She said all calls are taken into consideration by ICE and prioritized by the information given.
“The more specific, the better,” she said.
http://www.stjoenews.net/news/2009/oct/04/illegal-workers-face-variety-fates/#
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