• Saik0@lemmy.saik0.com
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      7 days ago

      https://storage.courtlistener.com/recap/gov.uscourts.lawd.210781/gov.uscourts.lawd.210781.1.0.pdf
      and
      https://storage.courtlistener.com/recap/gov.uscourts.lawd.210781/gov.uscourts.lawd.210781.6.0_3.pdf

      Indeed. If you read the actual response… no deportation occurred for the 2 year old.

      From the petitioner’s council:

      The officer overheard and said that V.M.L. would not be deported and explained that V.M.L.’s mother and sister had deportation orders.

      From ICE:

      Should her mother decide to allow Petitioner Mack and the purported father to take custody of V.M.L., V.M.L. is not prohibited from entering the United States.

      The claim is that the father didn’t identify himself (likely because of his own immigration status), so they couldn’t release child to him. Since he didn’t want to identify himself, any claim that the mother wanted to take the child with her must be held, no “friend” can take custody at that point. The only identified parent isn’t consenting.

      It looks like there was an exhibit referenced in the ICE response document. That exhibit is likely the letter they reference that the mother wrote.

      It’s a shit situation… It’s not good in the slightest, but it isn’t “American Citizen deported”.

      Mother can easily state that she would like to give custody to the petitioning “friend” and V.M.L. can return.

      • thedruid@lemmy.world
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        7 days ago

        Fuck this.

        That child is American. End of story. The constitution does not have age limits. That girl, and her fucking parents, should stay.

        Any other fucking argument is selfish, evil and the person who thinks it should really ask themselves how fair it would be if they were deported as a u. S citizen. Because Trump doing this, and being allowed to, now sets a precedent for removing u. S citizens. Doesn’t matter her age

        She’s a u.s. citizen. And was deported.

        A u.s. citizen. Born in this country. Was deported

        And some are supporting it.

        That makes those doing so Collaborators.

        Supporting this fucking move is not only evil, it’s self destructive and stupid.

        • Narauko@lemmy.world
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          5 days ago

          This is a bit of a catch 22, the child wasn’t deported her parents were. I don’t even doubt that ICE was lazy and didn’t make sure the mother knew what was happening and every option available to their child. This is a shit show how Trump is handling mass deportation instead of expanding the immigration courts to process the backlogs and get everyone their constitutionally protected day in court. ICE has been done a disservice by Trump and deserves a lot of the shit the department is getting.

          The child is a US citizen, 100%, but that doesn’t offer protection from prosecution to their parents. A 2 year old who’s US citizen parent or parents commit a crime will have their parent/parents taken away when put in jail, and then be given into the custody of a relative or taken into foster care. This is not unique to immigration.

          Would you rather the child have been unilaterally taken from their mother and placed into US foster care when no family was identified that could take them in the US? Then we are separating children from their families, which is fucked up.

          There historically have been limited stays of deportation available for illegal immigrant parents of US citizen children, but this administration is obviously being extremely tough on those. If you want to give automatic deportation immunity to anyone who has a child on US soil until those children are legally adults, you turn “anchor babies” from being basically a myth into an actual reality.

          There is no perfect solution for any of this.

          • thedruid@lemmy.world
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            4 days ago

            Yeah there is, IMHO.

            The United States citizen, and her parents, should be left alone and helped to become residents.

            Lifting up our fellowman will strengthen the U. S. This weakens us

            • Narauko@lemmy.world
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              4 days ago

              That makes the conservative talking point of anchor babies a real thing. Make your way onto US soil to give birth by any means necessary, and suddenly you are granted a pathway to citizenship and a guaranteed legal status from day one?

              That kind of massive shortcut of the immigration system would break the system. Birth tourism would skyrocket along with all other forms of illegal immigration. There is a reason no country on earth allows that.

              Do you not think that doing so would be a huge incentive driving illegal border crossings or visa overstays to take such a shortcut? Do you think that creating a parallel alternative immigration pathway such as that is a good thing?

              I certainly disagree with how the trump administration is operating, and fuck anyone who says non-citizens don’t have a right to a day in court, but how can carving out loopholes and shortcuts be good for the long term health of the system? Unless crippling the system to the point of implosion to cause a reform is the goal, but I find that to be too close to the conservatives crippling other public sector programs to cause private sector reform to profit off it.

              • thedruid@lemmy.world
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                4 days ago

                Here’s the deal. I don’t care. That kids life and well being. Her very citizenship, her future, isn’t a political or legal issue. She’s a living breathing human who didn’t ask for any of this. Tha. Trump’s anything else. Sorry that kids life is worth more than any political or legal issue eos.

                I’m done with this

                • Narauko@lemmy.world
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                  4 days ago

                  Certainly, it is perfectly valid to just want ideal outcomes for all individuals regardless of the system. You are also not required in any way to discuss your viewpoints with anyone. I will thank you for your time up to this point, and wish you a wonderful day.

        • Saik0@lemmy.saik0.com
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          7 days ago

          There are. You have to apply for them. Which it’s also entirely possible that the mother is currently doing.