Alexis Molina was just 10 years old when his mother was abruptly cut out of his life and his carefree childhood unraveled overnight.
"She went for her papers," he says. "And she never came back."
Alexis' father, Rony Molina, a landscaper, was born in Guatemala but has lived here for 12 years and is an American citizen. Alexis, now 11, and his 8-year-old brother, Steve, are Americans, too. So is their 19-year-old stepsister, Evelin. But their mother, Sandra, who lived here illegally, was deported to Guatemala a year and a half ago.
"How can my country not allow a mother to be with her children, especially when they are so young and they need her," Rony Molina asks, "and especially when they are Americans?"
It's a question thousands of other families are wrestling with as a record number of deportations means record numbers of American children being left without a parent — despite President Barack Obama's promise that his administration would focus on removing only criminals.
Nearly 45,000 such parents were removed in the first six months of this year, says the federal department of Immigration and Customs Enforcement (ICE).
At least 5,100 U.S. citizen children in 22 states live in foster care, according to an estimate by the Applied Research Center, a New York-based advocacy organization, which first reported on such cases last year.
And an unknown number of those children are being put up for adoption against the wishes of their parents, who, once deported, are often helpless to fight when a U.S. judge decides that their children are better off here.
"I had no idea what was happening," says Janna Hakim of the morning in 2010 when a loud knocking at her Brooklyn apartment door jolted her awake. It was the first Friday of Ramadan, and her Palestinian mother, Faten, was in the kitchen baking the pastries she sold to local stores.
Janna, then 16, and her siblings were all born here. None knew that their mother was in the U.S. illegally — or that a deportation order from years earlier meant she could be whisked away by ICE agents and her family's comfortable New York life could come crashing to a halt.
"I am not a criminal. I am the mother of American children and they need me, especially the younger ones," she cried over the phone from Ramallah, where she is living with her own mother after 20 years away. "How can a country break up families like this?"
Critics say the parents are to blame for entering the country illegally in the first place.
"Yes, these are sad stories," says Bob Dane, spokesman for the Federation for American Immigration Reform, which advocates tougher enforcement against illegal immigration. "But these parents have taken a reckless gamble with their children's future by sneaking into the country illegally, knowing they could be deported."
"Not to deport them," he continued, "gives them the ultimate bonus package, and creates an incentive for others to do the same thing."
Others, including Obama, say splitting up families is wrong.
"When nursing mothers are torn from their babies, when children come home from school to find their parents missing ... when all this is happening, the system just isn't working and we need to change it," Obama declared during his first run for president in 2008. A year ago, he told a Texas audience that deportation should target "violent offenders and people convicted of crimes; not families, not folks who are just looking to scrape together an income."
And, last year ICE announced a new policy of "prosecutorial discretion" that directs agents to consider how long someone has been in the country, their ties to communities and whether that person's spouse or children are U.S. citizens.
"That gave us a lot of hope," said David Leopold, general counsel for The American Immigration Lawyers Association. "Now we are all scratching our heads wondering where is the discretion when many of our lawyers continue to see people being deported with no criminal record, including parents of American children."
___
"Quiet, slow-motion tragedies unfold every day ... as parents caught up in immigration enforcement are separated from their young children and disappear," Nina Rabin, an associate clinical professor of law at the University of Arizona, wrote last year in "Disappearing Parents: A Report on Immigration Enforcement and the Child Welfare System."
Rabin, an immigration lawyer, says one of the most unsettling experiences of her life was witnessing the "cruel and nightmarish destruction" of one Mexican family whom she represented in a fruitless attempt to keep a mother and her children together.
The mother, Amelia Reyes-Jimenez, carried her blind and paralyzed baby boy, Cesar, across the Mexican border in 1995 seeking better medical care, Rabin said. She settled in Phoenix — illegally — and had three more children, all American citizens. In 2008 she was arrested after her disabled teen son was found home alone.
Locked in detention, clueless as to her rights or what was happening to her children, she pleaded guilty to child endangerment charges, and then spent two years fighting to stay with her children.
Twice her attorneys tried to convince an immigration judge that she qualified for a visa "on account of the harm that would be done to her three U.S. citizen children if she were to be deported," Rabin said. She lost and was deported back to Mexico in 2010.
Last year, her parental rights were terminated by an Arizona court after a judge ruled that she had failed to make progress towards reunification with her children — something Rabin said was impossible to do, locked away for months without access to legal counsel or notifications from the child welfare agency.
Her case is before the Arizona State Court of Appeals, but Rabin says regardless of the outcome the family has been destroyed.
"Tragically, we hear of cases like this every day," Rabin says. A key reason, she says, is the extreme disconnect between federal immigration and state child welfare policies that leads to "Kafkaesqe results" when parents and children are swallowed up by the system.
Many advocacy agencies now encourage immigrants to have a detailed plan in place in case they are deported, including granting power of attorney in advance to someone who can take custody of their children.
ICE, meanwhile, maintains it tries to work with such groups to ensure "family unity."
"ICE takes great care to evaluate cases that warrant humanitarian release," said spokeswoman Dani Bennett. "For parents who are ordered removed, it is their decision whether or not to relocate their children with them."
But immigration lawyers say that is not so easy.
A recurring complaint is that clients "disappear," often sent to detention centers far away and denied access to family court hearings, phones and attorneys. Many do not fully understand that custody of their children might be slipping away.
Federal law requires states to pursue termination of parental rights if the parent has been absent for 15 out of 22 consecutive months, and some states allow proceedings to begin even sooner.
In 2007, Encarnacion Bail Romero lost custody of her 6-month-old son, Carlos, after she was arrested during an ICE raid on a chicken plant in Missouri. While she was imprisoned, her baby was first cared for by relatives and later adopted, against her wishes, by a Missouri couple after a judge said the child was better off with them.
Last year the Missouri Supreme Court called the decision "a travesty of justice," sent the case back for retrial.
Although Bail Romero was ordered deported, the Guatemalan government arranged for her to get temporary legal status so that she could stay in the U.S. to fight for her child.
"I am the mother of Carlitos," she said, begging the court to return her child. Her pleas were ignored. In July, a judge terminated her parental rights, saying she had effectively abandoned her son.
___
In the little mountain town of Sparta, N.C., the family of Felipe Montes is facing a similar fight. When immigration agents deported the 32-year-old laborer to Mexico two years ago, his three young sons — American citizens — were left in the care of their mentally ill, American-born mother. Within two weeks, social workers placed the boys in foster care.
Montes and his wife want the children to live with him in Mexico, saying they are better off with their father than with strangers in the U.S.
But child welfare officials have asked a judge to strip Montes of his parental rights, arguing the children will have a better life here.
"I don't drink, I don't smoke, I don't use drugs," Montes said earlier this year. "I have always taken care of my children, I have always loved them."
But parental love is only part of the equation. Even when children join their deported parents in order to keep the family together, it can be a struggle to adjust. In many cases they don't speak the language and fall behind at school.
"They don't have the same access to health care or education," says Aryah Somers, a Washington-based immigration lawyer who is in Guatemala on a Fulbright scholarship studying the effects of U.S. immigration policies on children.
Somers says she has encountered scores of deportees who were removed from their families, including many who have no criminal record and were deported after the new ICE discretionary policy was announced.
She described a mother from Los Angeles, a victim of domestic violence, who was deported earlier this year after police responded to a fight at her home. Desperate to return to her 3-year-old son, a citizen, the woman recently went to Mexico, where she plans to try to cross the border again, illegally.
Although Somers advised against that, she understands. "How can you blame her?" Somers asks. "Her frustration and devastation was just so complete."
There are some signs of change. Somers said she has heard about ICE agents boarding a deportation jet before it left the U.S. and freeing deportees who had lived in the country since they were children — a direct response to Obama's June executive order allowing such young people with no criminal record to temporarily stay and work.
In Chicago, Marilu Gonzalez, a coordinator at the Roman Catholic archdiocese's office of immigrant affairs described a recent case in which an immigrant mother, living here illegally, was arrested for driving under the influence. However, instead of being deported, she was released with an ankle monitoring bracelet and given a stay. And, instead of being placed in foster care, her children were permitted to stay with her sister, who is also here illegally.
"That would not have happened in the past," said Gonzalez, who sees hundreds of such cases. "She would have been deported."
In another rare move, Felipe Montes, the father who wants his children from North Carolina to join him in Mexico, has been granted permission to temporarily return to the U.S. to attend custody hearings, though he must wear an ankle monitoring bracelet.
Still, Gonzalez and others say the changes are random, open to interpretation by individual ICE agents. And many say it seems particularly cruel that deported parents who return illegally in order to be with their children should be a priority for removal.
In Congress, California Rep. Lucille Roybal-Allard has proposed legislation that would make it more difficult for local agencies to terminate the parental rights of immigrants. She calls it "heartbreaking ... that in the U.S., immigration status in itself has become grounds to permanently separate families." It is, she said, "absolutely, unquestionably inhumane and unacceptable, particularly for a country that values family and fairness so highly."
Diane posted at 5:15 pm on Sat, Aug 25, 2012.
People who enter the US ILLEGALLY do so to gain the freebies that we, the US taxpayers, are forced to provide. They breed and breed and we are forced to feed and educate these poor children who are never given the opportunity to live in their native countries and work to improve the quality of life there. Many ILLEGALS have criminal records, use drugs and alcohol and don't even care for their children and we the taxpayers, are forced to pay for their care. The children suffer because their parent(s) enter our country ILLEGALLY. They have no family here...they should be deported with their parent(s). If the parents truly wish to live in this country, it MUST be done according to our laws. We, the taxpayers, cannot afford to keep paying for what is becoming a breeding ground for ILLEGALS. Although their offspring are US citizens, they don't pay taxes and contribute little, if anything, except burned flags and costly protests. Do any ILLEGALS hold JOBS and PAY taxes? The US is bordering on bankruptcy and when that well is dry, WHO WILL PAY FOR THE ILLEGALS? Any constructive thoughts? [sad]
samkat posted at 5:24 pm on Sat, Aug 25, 2012.
There are perfectly good alternatives. 1. The parent(s) have the option of taking their children with them; and, (2) They can turn them over to CPS.
We have service members being separated from their families every day but none of the pro illegals ever mention that fact. Also, consider that if the parent or parents went to prison, there would be no doubt about where the children would go.
This is exactly what happens when people violate our immigration laws and then expect the liberals to come to their aid. Sorry, but I lack compassion in this instance.
Juggernaut8000 posted at 5:57 pm on Sat, Aug 25, 2012.
The dirty little ba stards shouldn't be American citizens to begin with and should be shipped to mexico with their criminal parents.
Now just wait for the bleeding heart liberal to scoff at my mean comment, yet still want my taxes to pay for someone else's mistake. Liberals have destroyed this great Country with their irrational rhetoric and pathetic hand outs.
Bonnie Carol posted at 6:09 pm on Sat, Aug 25, 2012.
What's the problem here? Children stay with their parents, wherever the parents go. Too bad if they can't speak Spanish. What really pisses me off is that I couldn't find a job in CA even though I was qualified because I didn't speak the language of another country - Spanish! We have to cater to them and provide translators. Let them go back to Mexico and learn the language of another country.
Kate56 posted at 6:33 pm on Sat, Aug 25, 2012.
The Dems and the Repubs keep ramming these people down the American taxpayer's throat. I am tired of the rich elites up in DC. We should pay then the average salary in the USA, about 40,000, then after they pay state, federal, real estate, car, food, cloths, phone, electric TAX ask them, you got enough left over to support a bunch of illegals? They will think twice. We need to stop automatic citzenship and close the border. And one day, maybe, I hope that someone out in the liberal media will actually write a story about US citizens who have had their identity stolen and how it affected their lives. How come we don't hear about that? Why don't we hear about the beleagered middle class who barely has enough money left over for their own family, much less some other country's family. And why am I paying to educate the children of another country? It raises my real estate tax and I am sick of it. Fed up in Phoenix!
Cerulean posted at 6:41 pm on Sat, Aug 25, 2012.
I agree with the above comments, but thought I would point out that the article says "families are wrestling with [this issue] as a record number of deportations" are underway. "despite President Barack Obama's promise that his administration would focus on removing only criminals."
A record number of migrants are being deported and that is a good thing. The children could have gone with mom.
SonnyInAz posted at 10:47 pm on Sat, Aug 25, 2012.
"How can my country not allow a mother to be with her children, especially when they are so young and they need her," Rony Molina asks, "and especially when they are Americans?"
It's pretty simple. Don't enter the US illegally. We have laws for this reason. We have many very poor people that can't hardly survive for lack of food. However if they try and steal food from a store, they are arrested. You can't break laws out of necessity, or sympathy for family. Don't break the laws and this doesn't happen. Your question shouldn't be be "why can't she", it should be "why DID she" come here illegally. Don't start families here, allow your illegal family to come and stay, then when deported for it, cry about it. She knew full well she was here illegally and knew she would be deported for it if caught. She took a chance, and lost. They need to think about what they're doing before they do it. We're not without heart over this issue. I don't wan't families torn apart any more the you do. But if you can't abide by the laws of the country, just simply don't come here. I cringe at the thought of what would happen to me, if I did this in HER country......
RollerCam posted at 8:40 pm on Mon, Aug 27, 2012.
I truly wonder... has America finally had enough of this Mexican invasion?
DavidNichols posted at 11:25 am on Thu, Aug 30, 2012.
This is America's Darkest Hour.
Since the January 2008 start of the E-verify Law, and the Hitleresque I.C.E. Deportation/Incarceration Programs, Millions of Good Christian People have been Persecuted, both un-documented Immigrants and their legal Chil;dren/Families.
January 2008 was also The start of "The Great Recession."
Tens of Thousands of Vacated Immigrant/Families dwellings triggered the entire "Foreclosure Crisis" in America.
Fact: For every Good, Hard Working Immigrant Incarcerated, or Deported since January 2008 America has lost over Four times as many American Jobs.
Fact: The Hard Labor Immigrants gladly did FOR America was the very Foundation of our Strong Economy, and this HARD LABOR supported all other American Jobs.
Over Forty-two Thousand Hispanic Human Beings now lay Dead at the I,C,E, Deportation/Dumping Grounds at the Harsh U.S. Mexico Border where Hundreds of Thousands of Human Beings have been Dumped into a known "Drug War" with nothing, not even water, to be killed, or to Die of the Elements!
"America is great because it is good, when it ceases to be good, it ceases to be great."
Alex De Tocqueville
This Great Nation of Immigrants was Built by both un-documented, and documented Immigrants all along, and was Built on Far Better Principles, and Values than to rip a[part good Christian Families, and to Deport/Dump Human Beings in the Desert to Die!
This is our I.C.E.'d Economy!
I.C.E. "Put the Car in the Ditch"!
This didn't just happen?
And it won't "Simply Bounce Back"!
To Restore America:
Stop the Racism, stop the Hate.
To Good, and Brotherhood.
Jesus Christo de Nogales posted at 2:17 pm on Sun, Sep 2, 2012.
Mr. Owebama. How is allowing 1,760,000 illegal occupiers to stay in the US and giving them work permits going to help lower unemployment? Do you not understand that these young, educated, motivated and potential small business creators are the only possibility for improving the standard of living in the poor Spanish speaking countries they came from? And you want to keep them in the US instead of helping our poor neighbors? Shame on you! No wonder the Spanish speaking peoples of the world hate the United States that steals their best and brightest. Shame on you.
Americans need to unite to help Mexico and Central America by returning these illegal occupiers back to their home land. You keep them in the US and you are only helping one person. Send them back and you are helping millions of their fellow citizens. Are you with me America?
tax payer posted at 8:02 pm on Thu, Sep 6, 2012.
I believe the mother should take her children back to her country and they can come back at age 21, so what is so wrong in expecting that to happen? Our country needs to stop making anchor babies citizens once they drop their anchor on our land.
tax payer posted at 8:10 pm on Thu, Sep 6, 2012.
The Master tells us we have to go forward, so why is he going backward and giving the illegals back a country that doesn't belong to them anymore? Arizona has a Governor that knows they don't need illegals in her State, but other Governors are scared to do what she has done for her citizens of her State.
Masterrogue666 posted at 8:22 am on Mon, Sep 17, 2012.
"How can my country not allow a mother to be with her children, especially when they are so young and they need her," Rony Molina asks, "and especially when they are Americans?"
Easy answer, Rony. Your mother was an ILLEGAL ALIEN, and didn't have THE RIGHT to be here in the first place. If she hadn't been here, you would not be an American citizen. Don't blame the USA for YOUR MOTHER'S DECISION to IGNORE OUR LAWS. Imagine that, taking responsibility for one's own actions! Novel idea these days....
Masterrogue666 posted at 8:25 am on Mon, Sep 17, 2012.
At DavidNichols: What racism? What hate? I possess neither. Care to prove me wrong? I just think that our laws should be RESPECTED, and citizenship EARNED!
Jesus Christo de Nogales posted at 2:00 pm on Mon, Sep 17, 2012.
I saw an interesting interview on a Phoenix TV news program shortly after SB1070 was passed and signed by Brewer. The TV reporter was in a Hispanic neighborhood to ask various people about the impact SB1070 will have on their lives. They interviewed a family of illegal Mexican occupiers who had been in the United States for 16 years. She was a stay at home mom and he worked in the landscape business. Together they had 7 children born in Arizona while neither of them had any form of health insurance coverage. They were packing their belongings and heading for Colorado. I still can't figure out how they paid the hospital bills for each of those 7 children born in the Phoenix area. Does anybody have any ideas? Surely they paid their own bills right????