The pandemic panic has again struck at immigration enforcement. Another kritarch has ordered the release of two illegal aliens based on a claim that if a minor is released from custody, that minor’s parent must also be released. The kritarch in this case is not named, but previously a judge had denied the demand from the Treason Bar that both be released, while the government was offering to release the minor to her illegal alien mother who was already in the United States.
First the bad decision, there is now a right for illegal alien minors to freed from custody and to have a parent freed from custody as well.
DEVELOPING STORY: Maddie, 7, and her father have left the Berks immigration detention center together. The girl spent more time inside than any child currently held in family detention. @ALT_uscis, @Haleaziz, @ImmigrActivists https://t.co/weXM8QIGrt— Jeff Gammage (@JeffGammage) March 31, 2020
Above, Alien Smuggler, Mrs. H, The Smuggled Aliens, Mr. H and Maddie
Maddie, the 7-year-old Guatemalan girl who spent a record 250 days at the Berks County immigrant detention center, left the facility with her father on Tuesday after a key legal ruling, the family’s lawyer confirmed.
The two were on their way to reunite with Maddie’s mother in New Jersey on Tuesday night. It will be the first time the father, identified as “Mr. H.” in court, will meet his newborn son.
“Daddy, why are you crying?” the child asked as her father wept after the release.
They walked free a day after a federal judge in Washington, D.C., ruled that amid the pandemic, the same standards that apply to migrant children should apply to their parents — including prompt release from custody whenever possible.
[Guatemalan Girl And Her Father Freed From Berks Immigrant Detention Center, by Jeff Gammage, Philadelphia Inquirer, March 31, 2020]
This is all the more strange as just a few short months ago a Federal Judge, Joshua Wolson, had ruled that there is no basis for a minor to claim the Constitution requires that the minor and any parent must be released from immigration custody. Presumeably these are two different judges, though I would not put it past that the Wu Flu panic has had an influence over a otherwise intelligent judge.
A 7-year-old Guatemalan child who has spent a record 210 days at the Berks County immigrant detention center cannot leave accompanied by her father, after a federal judge ruled Wednesday that the family “must show more than noble goals and an empathetic case” to win their joint release.
U.S. District Judge Joshua D. Wolson wrote that while he sympathized with the girl, known as Maddie, and her father, called Mr. H in court, they find themselves in a difficult position that is “largely of Mr. H’s making.” The father and Maddie were detained last spring after illegally entering the United States near Tecate, Calif.
The girl is free to go to her mother in New Jersey at any time, the court noted. But the petitioners did not show that either of them has a right to demand that the father be released along with his child.
The judge called Maddie “an unfortunate victim of circumstance.” But to prevail the family must show that they were likely to ultimately win their legal claim on the merits, and they failed to do that, the judge wrote…
Judge Wolson wrote flatly: “Mr. H and [Maddie] each claims a right to release with the other so that they can be together as a family. No such right exists, however.”
[After A Record 210 Days, A 7-Year-Old Guatemalan Girl Can Leave Pa. Immigrant Detention Center, But Her Dad Can’t, by Jeff Gammage, Philadelphia Inquirer, January 23, 2020]
Interestingly, Judge Wolson has been more discerning than U.S. Immigration and Customs Enforcement (ICE), noting that the illegal aliens involved, unnamed for some reason, are likely engaged in a scheme to live in the United States illegally.
The court cited its own concerns, however, that “this particular family might flee, given the concerted effort they have made to come to this country,” and given what looked like coordination for Maddie and her father to enter the country while the mother was here on a visa. She subsequently gave birth to a son, a U.S. citizen.
“All of this indicates that the family is committed to staying here, regardless of the legality of doing so,” the judge wrote.
Though the mother is at risk of deportation, she has not been placed in removal proceedings. The girl’s father had sought asylum for both of them after entering the United States illegally, saying they had been threatened by violence in Guatemala, and also in Mexico, where federal authorities had said the two had to wait before their asylum claim could be heard.
Judge Wolson has observed that this whole series of events was deliberate scheme by this family to immigration to the United States illegally.
First, one of the family, the wife and mother, fraudulently obtained an non-immigrant visa to enter the United States for some other stated purpose than living in the United States. Then, she gave birth to an anchor baby. Next, since her husband and first child could not obtain non-immigrant visas, they crossed Mexico, despite his claims of fear of violence in Mexico, and entered the United States illegally, surrendering themselves to the Border Patrol. Clearly they were smuggled to the United States as part of this scheme, which is quite common, with the cost of smuggling paid by the illegal employment of the first one in the United States.
Shockingly, the Deep State saboteurs at ICE have failed to arrest the mother, either at her illegal employment or at her home after her picture was published in the newspaper.
Immigration patriots can call Brian Michael, Special Agent-in-Charge of ICE SVU in New Jersey and politely ask him why “Mrs. H” has not been arrested, as well as why his office has not identified and raided her employer. Perhaps because ICE SVU in New Jersey is doing nothing about illegal employment, visa fraud, false statements, or alien smuggling schemes. By not arresting “Mrs. H,” ICE SVU and Michael are essentially aiding the original alien smuggling crime, similarly condemned in other cases by a Federal Judge, Andrew Hanen, when confronting the Obama Regime Administrative Amnesty for alien smugglers.
ICE SVU Deep State Saboteur Brian Michael
Michael can be reached here at:
620 Frelinghuysen Avenue
Newark, NJ, 07114
Phone: (973) 776-5500
Fax: (973) 776-5652