Minor Offenses From Long Ago Are Keeping Dozens of Migrant Families Separated

Sep 14, 2018 · 57 comments
PJ (Colorado)
Rather than debate the merits, or otherwise, of this particular case what we should be asking is whether we want our government treating people like this, whether they broke the law or not. There's nothing in the constitution that says the Bill of Rights applies only to citizens. Many people back then, and for years afterwards, were not citizens. Even today there are millions of people who are in this country legally but are not citizens. Does the Bill of Rights not apply to them? The problem, as Ronald Reagan said, is the government. That was in a different context but it sure applies to the present one.
Truth Teller (Somewhere)
It’s hard to believe, but my understanding is that each of these kids illegally dragged across the border are costing tax payers about $700 per day in detention . I’ve also heard that a single-family in detention costs taxpayers about $250,000 per year. Instead of doling out all of that money for people that are breaking our laws, why don’t we just turn them away at the border or return them to their countries of origin immediately? There’s no shortage of needy American citizens that would benefit from the resources that were now using for people that are here illegally.
Mr. Slater (Brooklyn, NY)
In this country, if a parent puts their child in any kind of danger the child is separated from the parent immediately. Some mothers have had their children taken away after for leaving them in the car alone for just 15 minutes. And yet, here you have parents knowingly doing something illegal, subjecting their kids to smugglers and what not and folks are screaming in their defense. The hypocrisy is astounding.
Jon (NY)
This man knew full well what he was doing here, hauling along his little daughter to gain entry. He treated his daughter as a pawn, he should be sent back and his child returned as well to her mother. This is not a person we need or want to admit into our country. This guy has clearly abused our system and will try every which way to get an in. These tactics are not uncommon. Children used to get the sympathy pass in the past. Not any longer. Hopefully this word will get out but I seriously think it will not dissuade them from continuing to try. Dragging along toddlers and babies through desserts is so wrong.
Antoine (San Bruno, CA)
Awww, that picture of the toy elephant is so cute. Thanks NYTimes, that’s reason enough for not deporting people.
Olivia (NYC)
Mr. Barreras entered the country illegally, was arrested for assault, driving with an open container of alcohol and a year later arrested again for DUI. We do not need people like this in our country. The writer deems illegals accused of sexual abuse against children as “minor” offenses. No sexual abuse is minor. An illegal barely literate at 17? No thank you. Not needed in this country. They should all be deported together as a family.
Susanna (PA)
@Olivia The writer says that sexual abuse convictions only account for a few of the cases, not that they are a minor crime. I had classmates educated in the US school system who were barely literate, and they had opportunities both to learn and to work. I can’t judge someone who hasn’t had the opportunities that I take for granted. If my family was threatened by violence I’d want to be the kind of person who seeks out a better situation for them, and that’s the kind of person this country needs. How can you be so cruel? A three year old in no way should be subjected to this treatment. It’s politically motivated, shameful, and serves no purpose.
Mike McGuire (San Leandro, CA)
The rhetoric has slipped from "who've done nothing illegal," to "who've done nothing illegal beside their immigration offense" to "who've done nothing illegal except their immigration offense and some misdemeanors long enough ago so that they really shoulnd't count." Can we stop this slippage somewhere short of "and they killed someone last week, but it was sort of accidental"?
NorthernVirginia (Falls Church, VA)
Deport the illegal alien parents and the children that they dragged into their ill-considered scheme to trespass into our country, flout our laws, and steal services intended for American citizens and those lawfully present in our country. The parents will learn nothing from being deported -- especially when illegal alien advocates tell them that THEY are the victims -- but their children will learn a valuable life lesson: cheaters never prosper.
Anon (Maine)
The most important person in this story is the three year old. Any arguments that do not acknowledge the devastating impact to her miss the point.
Sue Mee (Hartford CT)
Mr. Barrera is in detention “due to DUI convictions. In addition, he had a conviction for illegal entry and multiple incidents of illegal entry.” He does not sound like a safe bet. Marta is most likely better off in detention. Only a liberal elitist who would not entrust their own child to someone with this aforementioned history would say it was okay for Marta. I am glad to see the judges have more common sense.
mlb4ever (New York)
“The government has “a legitimate interest in continuing detention of individuals who posed a flight risk or danger to the community or others in a family detention facility because of that person’s criminal history,” Justice Department lawyers said” The family detention centers have a monetary interest in continuing detention of individuals. As always follow the money.
SM (Tucson)
DUI is not a "minor offense". The families of the hundreds of American citizens killed in the past 20 years by illegal aliens driving drunk will confirm that. Beyond that, why in the world should the U.S. government be forced to play this kind of game with a man who is a serial immigration violator as well as a convicted criminal and is now obviously attempting to manipulate our asylum process to achieve his desired result. People like him, and the special interest advocacy groups that faciltate and normalize his behavior, have thoroughly undermined public confidence in an asylum process that offers critical protections to genuine refugees.
ann (Seattle)
Many people have lost fingers working on farm equipment or harvesting crops with sharp knives. The man in this story, Mr. Barrera, was a barely literate 17 year old when he illegally crossed into the U.S. and found work harvesting leafy greens. After being deported, he likely continued to do farm work as his poor education wouldn’t have qualified him to do much else. It is possible that he lost his finger working on farm equipment, harvesting crops with a machete, or doing odd jobs. Mr. Barrera claims his finger was cut off with scissors when his family could not pay a ransom. Why would a drug cartel have thought his family had money to pay a ransom? Can a finger be cut off with scissors? Wouldn’t kidnappers have a more efficient tool to cut fingers? How did Mr. Barrera gain his freedom? If he was running for his life, why did he take his 3 year old daughter instead of leaving her with her mother and siblings? Didn’t he care about her safety? And, why would he have wanted to be bogged down by having to care for a 3 year old along the way? Perhaps he lost a finger in an accident, but concocted the story about a kidnapping in order to get asylum here. Knowing that he would be released into the country if he had a child with him, to await his asylum hearing, he brought his daughter along.
Scott L (United States)
No sympathy for people who sneak into the country illegally and then demand a lawyer to help them stay. Children are brought along on the arduous journey because the parent thinks they will have a better argument to stay if they are accompanied by children. There is a line of people outside the embassies in Central American countries who are applying for legal immigration status. Let's let our Consular Officers decide who should be allowed to immigrate to the US.
Brad (Düsseldorf)
And how is keeping the children separated from their parents regardless of the parents sense of right and wrong helping the situation?
Unhappy JD (Fly Over Country)
No offense, but this man cannot even adequately provide for himself nonetheless a small child.
Mark (Canada)
This is completely illegal. They separated the children in violation of international law and perhaps the US Constitution, the background of the parents is none of their business and they are under a court order to reunite the kids with their parents regardless. Rather than playing god, that whole cabal responsible for this crime against humanity and their failure to rectify it should be charged with contempt of court and the reunification put on absolute highest priority.
MF (NY)
Oh my dear god. To all the people going on about whether people cross the border legally, illegally - Whatever. You are missing the point. You do not torment and terrify 3 year old children. Or any children. Have you ever seen a child who is terrified? Who has been separated from his parents? Do YOU have children? How can you justify doing this to a child - black, brown, white, legal, illegal - Whatever? And I won’t even mention the fact that in this particular article the father was kidnapped and ransomed by a gang - but he doesn’t have a right to flee to try to save his life? Because he’s so much different from your ancestors, right? This will truly go down as a crime against humanity.
Olivia (NYC)
@MF. It is the fault of the parents, no one else. They use their kids as pawns to enter this country illegally, thinking they’ll be released because of the child, whether the child is actually theirs or not.
Clint (Walla Walla, WA)
#45 and his minions continue to lower the bar on common human decency.
Kelly (CC)
If you've a DUI, Canada won't even let you into their country. We have the right to refuse those who break our laws. Deport them. ALL of them, together as a family. No mas.
Brad (Düsseldorf)
Kelly, the children should not be paying for their parents actions. Full stop. Speaking of legal matters, what of the court order that says children must be reunited with their parents? Who is breaking the law now?
Mimi (Baltimore, MD)
@Kelly What does that have to do with keeping the child from her father? Does Canada separate children from parents with DUIs? Of course not.
PJ (Colorado)
The fact that the government has the right to enforce laws doesn't give them the right to do it in a way that would be illegal if applied to US citizens. Be careful what you wish for; if you let them get away with it you may be next. That's how dictatorships evolve.
Olivia (NYC)
@PJ. “...illegal if applied to US citizens.” But, you see, they are not US citizens.
Margo (Atlanta)
There have always been different "rules" when crossing borders.
PJ (Colorado)
@Margo Yes, they're the rules (aka laws) of the country you're entering. If you went to any country you'd be subject to those laws. The only difference in this case is that the law in question relates to the act of entry itself. No one is arguing that the law shouldn't be enforced but that doesn't mean the laws of the country you're entering don't apply to those enforcing the law. Imagine if your local police behaved like ICE; there would be an uproar.
Beth (Berkeley CA)
Can we focus for a minute on the individuals affected? This administration is acting in a way that experts explain will have grave consequences in the future for the mental health of these children. That is not ok. Using children to deter immigration is acting in a way contrary to all the reasons why so many people want to come here. If our zeal to keep our borders secure requires our country to become a brutal, lawless and heartless, then just what are we protecting? I prefer Emma Lazarus' words at the base of the Statue of Liberty to embody my sense of what our country should be.
MM (VA)
Out of curiosity, where are his other two children and their mother? He’d been in jail here, deported and didn’t realize that the U.S. might not welcome him? How did he plan on supporting his family picking lettuce or whatever skill set he has? Did he expect showing up with a young child would be his ticket in if caught? If so, why?
sacques (Fair Lawn, NJ)
@MM So, who is going to pick your lettuce, so that it can get to your table, because you can afford it?Mexican workers who come to this country, legally or illegally (for the harvest season, housed in hovels, dressed in rags, misused, not educated, with no medical care, no education for their children, and sent back home until the next harvest, with a few pennies more than they could have earned in Mexico, in their pockets, as the farmer heads to the bank, laughing! Tell me when you will be ready to pay $10 for a head of lettuce, picked by Americans, at a decent wage? Tell me about the farmers who will go out of business, because they can't make a living off of lettuce they can't harvest. Go out into the fields and spend a week picking lettuce, living in cheap hovels, using filthy outhouses, eating cheap meals, watching your children grow up uneducated. Tell me! Tell me about the desperation of the people who come here to do this. Tell me why some wouldn't try to escape and live a life of opportunity, giving us smart, educated children, who become assets to our society. TELL ME!
West Texas Mama (Texas)
While in Mexico the father "met a woman and had three children" of whom Marta is one. Where are this child's mother and siblings? Why, if she cannot be reunited with her father, is no one seeking to return her to her mother? Why did the father choose to bring this child with him when he crossed the border and not the other two? There are some unanswered questions here.
ann (Seattle)
Minors who come to the U.S., from further away than Canada or Mexico, are formally entered into the asylum process to make sure they were not brought here to be trafficked as sex workers. This article focuses on a Salvadoran man who met a woman in Mexico and had children with her. Mexico has birthright citizenship. If the Savadoran’s child, Marta, was born in Mexico she is a Mexican citizen regardless of her parents’ nationality. Therefore, the anti-trafficking law does not apply to her. Marta could be handed over to a social worker from a Mexican child welfare agency who would determine if it would be safe to return Marta to her mom.
Bookworm8571 (North Dakota)
And should be. I question whether the mother is fit if she knowingly let this child go with her father illegally to the U.S., but maybe this was a parental kidnapping. Either way, she is a Mexican child who should be returned home to Mexico, where Mexican authorities should either place her with family or in a foster home. The dad should be sent back too. Let him make his case for custody to a Mexican judge.
WillT26 (Durham, NC)
"Had he known that they would be separated, he said, he would not have made the journey to the United States." Immigrant advocate organizations are 100% responsible for family separations. They entice people to break the law and then fight, tooth and nail, to make it impossible to deport. There is no situation, and no type of criminal conduct, that would dissuade the immigration advocates to not defend an illegal immigrant. Immigration advocates will never stop. There will never be enough people for them. They believe this nations, and its citizens, exist solely to provide for the welfare of foreigners. They, the lawyers and spokespeople, make a lot of money doing this- and they cost us (society) tons of money.
sonyalg (Houston, TX)
Last time I checked, applying for asylum after turning yourself in to border patrol is a legal activity. Why is Trump so determined to criminalize people who lawfully seek asylum? Why are funds being taken from FEMA and handed over to Homeland Security/ICE to cage migrant adults and children? I don't want my tax dollars being used to commit human rights abuses. No wonder why Trump and Nikki Haley dropped out of the United Nations Human Rights Council. Now they are free to trample all over brown people from south of the border.
Margo (Atlanta)
Applying for asylum does not signify eligibility for asylum. Please let that sink in. There is no reason to believe without verification. When these unverified claimants are released into the country pending a hearing, they rarely attend their hearing and remain, hiding in the shadows. We cannot allow this to continue
Rob (NYC)
An alleged and unsubstantiated minor offense from long ago may now hold up Bret Kavanaugh's Supreme Court nomination. Double standard here?
A (SF)
Shocking that you would compare the *privilege* of a seat on the Supreme Court with the *right* of custody over your own children. And also that you would compare an attempted sexual assault to a DUI.
ann (Seattle)
" ... he moved to Mexico, where he did odd jobs for several years. He met a woman and had three children, including Marta, said his attorney. Where are Marta’s mother and siblings? Perhaps Marta could be reunited with them.
Vanessa Hall (Millersburg, MO)
This is from the same governing party that is offended that decades old complaints against Brett Kavanaugh are being brought up.
Petey Tonei (MA)
@Vanessa Hall The exact thought that I came here to write about!
NYHUGUENOT (Charlotte, NC)
@Vanessa Hall Complaints? The Father committed crimes and even served jail time for them. The judge is involved in a prank as a teen. No parallel.
Linda Miilu (Chico, CA)
@NYHUGUENOT Sexual assault is not a "prank, if that is established as fact. The victim does not want to be revealed in public, so her claim might not hold. If she is allowed to testify in private to a Congressional and senatorial Committee. Kavanaugh has lied about his position on Roe v. Wade; he was not in favor of it under the Bush Administration; he wrote position papers against it, now archived. Those opinions need to be made public. We do not need to return to illegal abortions done on kitchen tables by mid-wives; we do not need to return to the use of filthy clinics in Tiajuana; we do not need to return to the days when a substantial amount of money was required to get a legal abortion in a hospital: 3 psychiatric opinions and the ability to pay a private hospital, or the funds to fly to a country where abortion was legal, e.g. Japan. No doubt this wealthy Congress can afford to pay for a legal abortion for a daughter, if necessary. As always the poor will suffer. And, PP also provides general medical services in poor rural areas.
MEM (Los Angeles )
If you're an immigrant, long ago minor offenses can upend your family. If you're a Republican running for the Senate or nominated for the Supreme Court with a history of sexual assault, no biggie.
MM (Alexandria )
What about Beto O’Rourke? Looks like he’s going to win with his background. Not limited to Republicans. And what exactly did Kavanaugh do?
Don (Chicago)
But a possible, "minor" offense by a candidate for the Supreme Court shouldn't keep him separated from his confirmation . . . ? What have we become?
Rob (NYC)
@Don unsubstantiated and sat on until the last minute to sow confusion and doubt.
Californian (SF)
Forgot to add that crossing the border illegally is a crime in itself. That is enough in my book (and the law) to result in deportation. Why do we tolerate ANY crime, however small, committed by someone who is not here legally in the first place? Can The Times understand how all this feels to those of us who have lived our entire lives following the law to the book?
Donna (Detroit)
@Californian Crossing the border illegally is a misdemeanor, meaning that "the law" considers it a minor offense. On par with a traffic violation. Are you claiming that all you folks who have "lived your entire lives following the law to the book" have NEVER speeded even once? Wow.
ebmem (Memphis, TN)
@Californian The first illegal crossing is a misdemeanor. Subsequent illegal crossings are felonies.
--Respectfully (Massachusetts)
The article clearly states that Mr. Barrerra legally presented himself for asylum, and has passed an initial interview for that process, but has continued to be separated from his 3-year-old for months, anyway. At any rate, I've lived my entire life following the law, but, like most of us in that category, I've never needed to protect my children from conditions so dangerous that someone had already cut off one of my fingers with scissors. In fact, I'd go so far as to question the fitness of any parent who was *not* willing to cross some arbitrary political border if needed to protect their children from danger.
Larry Segall (Barra de Navidad Mexico)
The father said "Had he known that they would be separated, he said, he would not have made the journey to the United States." This is exactly the message that the Trump administration wanted to send to would be immigrants.
sam finn (california)
Regardless of criminal record -- even if the criminal record is completely clean -- every person here without legal authorization is "removable" -- deportable -- from the USA, and -- pending removal/deportation -- is detainable in custody. Every release out of custody into the USA -- regardless of criminal record -- is -- and ought to be -- at the discretion of US law. The USA does not need more people -- least of all self-selected people. The laws of the USA determine who is selected for authorization to come here. Those who want to come here do not have any right to select themselves to com here. A clean criminal record alone is not sufficient. The world has seven billion people outside the USA -- doubtless well over 90% with clean criminal records -- and more than one-third of them are "children". The USA does not need them. The USA already has 330 million people who are citizens or legally authorized to be here. That's plenty. The USA has the absolute right to keep out those who have no legal authorization to be here, and to put them out when they come here without authorization, and to determine who among them are authorized to come and stay.
Rev. Jim Bridges (Everett, WA)
@sam finn Actually, I believe international law says otherwise....
Mimi (Baltimore, MD)
@sam finn What does that have to do with separating a child from her only parent for four months? If it were up to you, he should be deported - fine! But deport his daughter at the same time.
[email protected] (Southbridge New Zealand)
Surely it's well past time that the judge starts jailing someone. I'd suggest starting at the top of whatever chain is responsible for this shameful extension of separating children from their parents.