HARRISBURG, Pa. — Recent actions by Immigration and Customs Enforcement (ICE) have ignited a fresh wave of controversy, as officers deported a Cuban-born mother, separating her from her 1-year-old daughter “indefinitely,” and three children ages 2, 4 and 7, all U.S. citizens, along with their Honduran-born mothers, according to their lawyers.These deportations, occurring within a short timeframe, have drawn sharp criticism from immigration advocates and sparked legal challenges questioning the fairness and legality of the procedures.

These cases “raise questions about who is being deported,and why,” thrusting the Biden administration’s immigration policies into the spotlight amid ongoing debates about the balance between border security and humanitarian concerns. The deportations also reignite the debate over the rights of U.S. citizen children when their non-citizen parents face deportation.

Swift Deportations, Limited Recourse

Lawyers involved in the cases detailed how the women were apprehended during routine check-ins at ICE offices.”given virtually no possibility to speak with lawyers or their family members,” they were then “deported within three days or less.” Such rapid deportations raise concerns about due process and the ability of individuals to effectively challenge their removal orders.

The American Civil Liberties union, National Immigration Project, and several other allied groups issued a statement condemning the deportations. They described ICE’s actions as a “shocking — although increasingly common — abuse of power,” highlighting the potential for long-term trauma and disruption to families.

“No Other Alternative”

Gracie Willis of the National Immigration Project emphasized the lack of options presented to the mothers. She said the mothers, “at the very least, did not have a fair opportunity to decide whether they wanted the children to stay in the United States.”

“We have no idea what ICE was telling them, and in this case what has come to light is that ICE didn’t give them another alternative,” Willis said in an interview. “They didn’t gave them a choice, that these mothers only had the option to take their children with them despite loving caregivers being available in the United States to keep them here.” This raises critically important ethical questions about the coercion and pressure potentially exerted on vulnerable parents facing deportation.

Case-by-Case Breakdown

Details of the individual cases underscore the complexities and potential for devastating consequences:

• The 4-year-old, battling a “rare form of cancer,” and the 7-year-old were “deported to Honduras within a day of being arrested with their mother,” according to Willis. This case highlights the urgent need for medical care and the potential risks of abruptly uprooting a child with serious health issues.
• In Louisiana, a federal judge questioned the deportation of a 2-year-old girl, “saying the government did not prove it had done so properly.” U.S. district Judge Terry Doughty scheduled a hearing for May 16 “in the interest of dispelling our strong suspicion that the Government just deported a U.S. citizen with no meaningful process.”
• Lawyers for the girl’s father “insisted he wanted the girl to remain with him in the U.S.,” while ICE contended “the mother had wanted the girl to be deported with her to Honduras,” claims that weren’t fully vetted by the court. Judge Doughty called government lawyers in an attempt to speak with the mother, only to learn she “had just been released in Honduras.”
• The Honduran-born mother, who is pregnant, was arrested “on an outstanding deportation order along with the 2-year-old girl and her 11-year-old Honduran-born sister during a check-in appointment at an ICE office in New Orleans.” The family resided in Baton Rouge, emphasizing the impact of these actions on local communities.

In a prior court filing, the father’s lawyers said “ICE indicated that it was holding the 2-year-old girl in a bid to induce the father to turn himself in.” This raises further ethical concerns, particularly given that the father had “legally delegated the custody of his daughters to his sister-in-law, a U.S. citizen who also lives in Baton Rouge.”

Florida Case: Mother Separated from Breastfeeding Infant

In Florida, “a Cuban-born woman who is the mother of a 1-year-old girl and the wife of a U.S. citizen was detained at a scheduled check-in appointment at an Immigration and Customs Enforcement office in Tampa,” her lawyer said. “Heidy Sánchez was held without any communication and flown to Cuba two days later. She is still breastfeeding her daughter, who suffers from seizures,” according to her lawyer, Claudia Cañizares.

Cañizares stated she attempted to file paperwork with ICE “to contest the deportation Thursday morning but ICE refused to accept it, saying Sánchez was already gone, although Cañizares said she doesn’t think that was true.” She added that she had planned to reopen Sánchez’s case to help her remain legally in the U.S., but ICE told her that “Sánchez can pursue the case while she’s in Cuba.”

“I think they’re following orders that they need to remove a certain amount of people by day and they don’t care, honestly,” Cañizares said. Sánchez “is not a criminal and has a strong case on humanitarian grounds for allowing her to stay in the U.S.,” but ICE is not taking that into consideration when it “has to meet what the lawyer said were deportation benchmarks.”

Sánchez had “an outstanding deportation order stemming from a missed hearing in 2019,for which she was detained for nine months.” Cuba apparently refused to accept sanchez back at the time, so “sanchez was released in 2020 and ordered to maintain a regular schedule of check-ins with ICE,” Cañizares said, highlighting the cyclical nature of some immigration cases.

Counterarguments and Policy Considerations

A common argument in favor of strict immigration enforcement is that it upholds the rule of law and deters others from violating immigration laws. Proponents emphasize the need to secure borders and ensure that those who have been ordered deported are, in fact, removed from the country. Some also argue that prioritizing the deportation of individuals with criminal records enhances public safety.

However, critics contend that the current approach often fails to consider the human cost, particularly the impact on families and communities. The deportation of parents, even those without serious criminal records, can have devastating consequences for their U.S. citizen children, leading to emotional distress, financial hardship, and potential involvement in the child welfare system. Moreover, the focus on rapid deportations may compromise due process and prevent individuals from presenting legitimate claims for asylum or other forms of relief.

Recent Developments

In the wake of these deportations, several advocacy groups have filed lawsuits challenging ICE’s practices, arguing that they violate the constitutional rights of both non-citizens and their U.S. citizen children. These lawsuits seek to establish clearer guidelines for ICE enforcement actions and ensure that families are not needlessly separated.

The Biden administration has faced increasing pressure to reform immigration policies and prioritize humanitarian considerations. While the administration has taken steps to address some of the most egregious aspects of the previous administration’s policies, critics argue that more comprehensive reforms are needed to ensure fairness and protect vulnerable families.

FAQ: Immigration Enforcement and Family Separation