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Carlos Feliz has struggled to support
his daughter, Virginia, since his wife was deported last year. |
NEW YORK (By Nina Bernstein,
NYTimes)
November 24, 2004 - In April of last
year, when her mother dropped by federal immigration headquarters in Manhattan
to complete some paperwork, 8-year-old Virginia Feliz became part of a growing
tribe of American children who have lost a parent to deportation.
Her mother, Berly, 47, who migrated to the
United States illegally a decade ago, went to the immigration office on a
routine visit to renew her work authorization. But because an old deportation
order had resurfaced, she was quickly clapped into handcuffs, and within hours
placed on a plane to her native Honduras, unable to say goodbye to her husband
and little girl.
"I'm not happy; I'm sad," said Virginia,
who lives in a small Bronx apartment. "Because it's not fair that everybody else
has their mom except me." She dropped onto a couch next to her disabled father,
Carlos Feliz, an American citizen who was born in the Dominican Republic,
declaring that she hates her last name, which means happy in Spanish.
No one keeps track of exactly how many
American children were left behind by the record 186,000 noncitizens expelled
from the United States last year, or the 887,000 others required to make a
"voluntary departure." But immigration experts say there are tens of thousands
of children every year who lose a parent to deportation. As the debate over
immigration policy heats up, such broken families are troubling people on all
sides, and challenging schools and mental health clinics in immigrant
neighborhoods.
Officials at the Department of Homeland
Security say they are simply enforcing laws adopted in 1996, which all but
eliminated the discretion of immigration officers to consider family ties before
enforcing an old order of removal.
"There are millions of people who are
illegally in the United States, and it's unfortunate, when they're caught,
seeing a family split up," said William Strassberger, a spokesman for federal
immigration services. "But the person has to be answerable for their actions."
Federal officials said they leave time for
parents to make arrangements for their children, and refer them to a social
service agency if necessary. Many parents arrange to leave American-born
children with relatives or friends; others, especially those who have no one to
assume responsibility for a child, take the children along when they are
expelled.
"People refer to that as a Sophie's choice
situation," he said. "Where the child is going to be is left up to the parent."
As a practical matter, arrangements for a
child left behind may be hasty at best, said Janet Sabel, who directs the
immigration law unit of the Legal Aid Society. One mother about to be deported
to Nicaragua last year was told to leave her four children with her husband, Ms.
Sabel said. But the husband was an abusive drug user, and finally the mother
persuaded the immigration officer to give her a few days to make other
arrangements. A priest referred her to Legal Aid, which reopened the case,
stopping the deportation.
"There's a happy ending to this story," Ms.
Sabel said, "but the fact is, there was total luck in her finding her way to
us."
By all reports Virginia Feliz had been a
happy 6-year-old before her mother's expulsion. Two months later, doctors at the
Child and Adolescent Mental Health Program of Bronx-Lebanon Hospital Center
found that she had a major depressive disorder marked by hyperactivity,
nightmares, bed-wetting, frequent crying and fights at school. Now, medical
records show, she takes antidepressant drugs and sees a therapist, but the
problems persist.
In a letter to the Department of Homeland
Security last year, Dr. Victor Sierra, the clinic's director, made no bones
about the underlying problem: "Absent mother, secondary to deportation." Another
six to eight months may pass before the American Embassy in Honduras even
processes her mother's application to return, officials say.
In Brooklyn, similar cases cause concern
for Birdette Gardiner-Parkinson, the clinical director at the Caribbean
Community Mental Health program at Kingsbrook Jewish Medical Center. In one, she
said, an outgoing, academically gifted 12-year-old began failing classes,
mutilating herself and having suicidal thoughts after her Colombian father
disappeared into removal proceedings. In another case, nightmares and school
failure plague the youngest of six children whose father, a cabdriver with 20
years' residence in the United States, was deported to Nigeria six hours after
he reported for a green card interview, seemingly for unpaid traffic fines, Ms.
Gardiner-Parkinson said.
"The impact is very devastating," Ms.
Gardiner-Parkinson said. "When children lose a family member this way, even
though they may have a phone conversation with them, the physical separation
feels like death."
The distress of children left behind in the
United States echoes that of children left on the southern side of the border,
say scholars of transnational migration like Leah Schmalzbauer, a social
anthropologist who recently conducted a two-year research project on families
split between Honduras and the United States.
The numbers are expected to swell, added
Ms. Schmalzbauer, now an assistant professor of sociology and anthropology at
Montana State University. Families in poor countries like Honduras can no longer
manage without remittances from the United States, and women are beginning to
replace men as the primary migrants, filling growing demands here for low-cost
elder care, domestic work and other service jobs.
"There's no protection for that
undocumented labor, and even though we speak of family values, there's also no
protection for the children," she said. "The research shows the emotional
impacts are huge, whether they're separated from parents on this side or on the
other side of the border."
To advocates of greater restriction on
immigration, such families illustrate the painful consequences of poor
enforcement in the past, and point to the perils of guest worker programs like
one proposed by President Bush.
"Once you let the person stay in the United
States, it becomes extremely difficult in our society to make them go," said
Steven Camarota, director of research at the Center for Immigration Studies in
Washington. "How are you going to keep them from falling in love, getting
married and having U.S.-born children?"
To critics of the sterner laws adopted in
1996, such cases show that more systematic enforcement since Sept. 11, 2001, is
compounding the laws' contradictions and loss of discretion.
"The cornerstone, the bedrock of
immigration law is family unity," said Jeffrey A. Feinbloom, an immigration
lawyer who has been working for Mrs. Feliz's return since her deportation and
has been frustrated by delays in processing. "The interest of the government in
removing this woman pales in comparison with her suffering and her family's. And
this child is a citizen, this husband is a citizen. What about their rights?"
In a telephone interview from Honduras,
Mrs. Feliz acknowledged entering the United States illegally in 1994. She said
she made the dangerous journey through Mexico because she could no longer afford
to buy clothes, food and school supplies for her son, then 13.
Caught within hours of crossing the border,
she was soon released on bond and fled to New York. When she failed to show up
in a Texas immigration court, she was ordered deported in absentia. But like the
great majority of such orders, it was not pursued for years, and Mrs. Feliz went
to work, first as a live-in housekeeper, then in low-wage factory jobs.
After her 1996 marriage, when she applied
for a green card, federal immigration officials not only issued her an official
work authorization several times, but also allowed her husband, as an American
citizen and new stepfather, to sponsor the teenage son she had left in Honduras.
Now that son, Cesar, is 24 and a lawful
permanent resident with his own American child, while his mother is back where
she began, without a job or her children.
"I don't have peace because I'm not with my
little girl," she said in Spanish, breaking down. "I don't eat. I don't sleep. I
can't be without her - I have no life."
The hardest part, she said, is that in
telephone calls her daughter sometimes tells her, "You didn't take me with you;
you're a bad person."
"I can't handle that," she said.
In the Bronx, Mr. Feliz, 48, who was
disabled by a back injury in a workplace accident four years ago, said he was
struggling to support Virginia without his wife's earnings and was also being
treated for depression. He did not have the heart to tell Virginia her mother
had been deported, he added. Instead, he initially told Virginia that her mother
was caring for a sick relative in Honduras, a story her mother has repeated in
telephone calls.
Such lies are commonplace as shaken parents
try to shield young children from the reality of deportation, counselors said.
But the deception may only increase feelings of abandonment, anger and
insecurity as the children hunt for reasons they were left behind.
When the visitor remarked that she was
pretty, Virginia, a doe-eyed child with a caramel complexion, loudly disagreed.
"I'm ugly!" she insisted. "I want to be white, white, white."
Asked about her mother's departure, she
said: "I was really mad. How come she didn't take me?"