Save a Criminal, Deport the Victim: Georgia’s New Immigration [Mis]Direction

Date Put forth on July 31, 2007 by XicanoPwr
Category Posted in ICE, Immigration


It looks like Georgia is willing to allow people to get away with attacking immigrants. Recently, the Los Angles Times reported on a Latina who was attacked by her roommates. She called the police pleading for her life as they were punching and hitting her in the stomach; however, when the police arrived at the scene, they arrested her and she is now in an Alabama cell awaiting deportation (via RaceWire).

Emelina Ramirez called police to tell them her roommates were attacking her, punching and kicking her in the stomach. When the police arrived, they handcuffed her, took her to jail and ran her fingerprints through a federal database. She is now in an Alabama cell awaiting deportation.

Sadly, the LA Times did not report the whole story. According to local CBS affiliate, Atlanta WGCL CBS 46 (video), Emelina Ramirez Bojorquez is the pregnant mother of two beautiful young girls, Wendy – age 8, and Karla – age 3. While her attackers were punching and hitting her in the stomach, she asked her daughter to call 911. When Carrollton police arrived at the scene, the xenophobic police officer at the scene, Lt. James Perry, decided to arrest Emelina and only one of her attackers instead of asking questions because he did not speak Spanish. He charged her with simple battery and took her to jail.

Lt. Perry told the LA Times he went back to the house after Emelina was arrested and her daughter provided officers with eyewitness information. Lt. Perry states, before asking any questions about what happened, he asked the inhabitants for identification and observed “both body language and verbal language that led me to believe they might be illegal.” In other words, they had to be an “illegal” because they look and spoke different.

In the end, it was the “Messkin” looking one that was accused of aggression while the other woman was released. The two little girls are now staying with their aunt, it is also being reported that both children are depressed and refusing to eat and little Wendy is having trouble sleeping at night. Who can blame them, they were led to believe that the police were there to support their battered mother; however, in the blink of an eye, it was their mother, the victim of a violent attack, who was hauled off as the felon. Now the children are victims of the system.

The focus of the LA Times story was on GA’s new state law, Georgia Security and Immigration Compliance Act, which was just enacted, making it one of the nation’s toughest laws against illegal immigration. The law is every Latina/o (both native and foreign born) worst nightmare come true. The new law requires law enforcement officers to check the citizenship status and criminal record of any Brown person they see. It also directs the state Public Safety Department to select and train Georgia state patrol officers to carry out federal immigration law while carrying out regular duties.

It is already being reported by local activist in GA that xenophobic cops are taking the liberty to go beyond what the law is asking. They have reported that cops are already running background checks on every Latinas/os who have committed misdemeanors, such as minor traffic violations, or even those who go to the police to report thefts or fraud.

For many undocumented immigrants, deportation is the ultimate punishment. Many are living with the fear of arrest, detention, and deportation everyday. This fear is intensified when deportation would result in the undocumented person’s separation from immediate family members who are citizens the United States, and this is particularly acute where the undocumented person is a survivor of domestic violence.

After further investigation, it seems like this is the case for Emelina. According to an old Google cache from Congress.org, from Congress.org, it appears that she was previously married to an US Citizen who abused her. Ironically, her former husband happens to be police officer. During their marriage, they never had her immigration status adjusted. The marriage ended in a divorce because he was an abusive towards her. Since her divorce, she is still stigmatized and branded as an “illegal.”

In domestic violence situations, there may be physical, verbal, sexual, emotional, and economic abuse. The power over the victim’s immigration status is used as a type of emotional control, one that often keeps victims trapped in homes without access to finances or to employment, and that prevents the victim from moving freely or becoming self-sufficient. In 1994, Congress passed the Violence Against Women Act (VAWA) because they recognized the vulnerability many battered immigrants face at the hands of their abusers. The law created a way for immigrant victims of domestic violence to legalize their status without depending on the abuser to complete the process: the VAWA self-petition. The law also allowed abused spouses placed in removal proceedings to seek “cancellation of removal,” a form of discretionary relief from removal available to people in unlawful immigration status.

I am still looking into this because other than the Google cache, I have not been able to find other information to see if this actually took place. I have recently email a person who’s name constantly showed up in my Internet search to get further verification. I will update this post, if I hear anything thing new.

Politicians continue refrain from acknowledging from what is an obvious; race is being used to fight immigration because they know it is politically incorrect, however, it is hard to avoid what is glaring in our faces, and race is obviously playing a huge role in this debate. As a Xicano, I have noticed a sudden increase in the use of stereotypes on Latinas/os regardless if people are native or foreign born. It is very evident when ICE elects their sites to raid.

We must continue to educate the public to start using the term “undocumented” rather than “illegal” or “alien” so that they and others can start seeing immigrants as human beings rather than a faceless enemy. The words “illegal” and “alien” dehumanize and criminalize people, which causes fear and is dividing people in this country.

It is laws these that puts me and other Latino/a who are US citizens in danger and it is one we cannot avoid. Lt. Perry arrested Emelina Ramirez because she didn’t look or speak like someone from the dominate culture. The question we must ask ourselves, if this happened in GA, what is to say that this practice has not yet been practiced throughout this country. Just ask Pedro Guzman’s family or Justeen Mancha.

It is easy for us to close our eyes and hope it doesn’t happen us, but in doing so, we remove ourselves from public life and begin to lose our humanity and become more preoccupied with ourselves and our families. As we distance ourselves from the real public, we start to lose what is vital – the social mix and the surprises of democratic space – the very things that gave city life its human connection.

How much longer can we continue to live and work in a world where individuals are constantly in a quest for self-fulfillment, while at the same time fear our own society?

Update: Ann from Feministing provided a great resource for immigrant victims of violence, please see Legal Momentum’s Immigrant Women Program.

Please pass this information if you or someone you know anyone who is in a abuse relationship. Everyone deserves to be treated with dignity and respect and every family deserves to live in a world free from violence, regardless of the citizenship status.

Related posts

Tags Tags: , , , , , , , | Print This Post Print This Post |
functional

7 Trackbacks/Pingbacks

  1. odd Women of Color Blog » The perils of being an abused Latina when there's nothing worse in the world than an "Illegal". Trackback on Jul 31st, 2007 at 11:50 am
  2. even Well, she looked Mescan « The Mex Files Trackback on Jul 31st, 2007 at 12:50 pm
  3. odd Pandagon :: We love protecting the womenfolk, as long as they aren’t Mexicans :: August :: 2007 Trackback on Aug 1st, 2007 at 3:58 pm
  4. even at Poshdeluxe Trackback on Aug 3rd, 2007 at 3:21 pm
  5. odd » Because I can - By ¡Para Justicia y Libertad! Trackback on Nov 25th, 2007 at 9:26 pm
  6. even » The Politics of Humanity: Deporting Victims of Abuse - By ¡Para Justicia y Libertad! Trackback on Jan 30th, 2008 at 4:47 pm
  7. odd » California Bill Aimed at Assisting Immigrant Victims of Domestic Abuse - By ¡Para Justicia y Libertad! Trackback on Apr 28th, 2008 at 1:49 pm

3 Comments

You can follow any responses to this entry through the Feed Comments (RSS) feed.

  1. Gravatar Icon Mark Friedl Aug 1st, 2007 at 8:48 pm

    Emelina is not Mexican, she is from Honduras.
    This was NOT her second offense of being deported before.
    When she came into the country via Texas, she was apprehended and instructed to return for an Immigration Hearing in a month. She had continued on to Georgia and could not afford, financially to return to Texas to appear. A order of deportation was issued. Fast forward approx. 1 year….
    She married a police officer from Carrollton, GA who, instead of obtaining an attorney and getting her legal status straightened out, held her status over her head, and was abusive towards her. He is the father of her youngest US born child. After about a year and a half of abuse, and aid from a womans shelter, she obtained a divorce from the abusive cop, and thanks to him, remains “undocumented”. Fast forward another year….
    She is attacked by 3 roommates, 2 women and one male. The police arrest her and one of the other women, and at the initial bond hearing, the judge lets the other women, who is hispanic, but speaks good english, out / off.
    Emelina was remanded into the custody of ICE because when she was fingerprinted, the old existing order of deportation came up.
    The truly sad part in all of this, is the chidren, 8 yr. old Wendy, and 3 yr. old Karla. They are the ones who are suffering the most.
    Karlas’ father has not paid child support in I don’t know how long, nor has he made any attempt to see his daughter, and now the girls are without their mother because she was attacked and had Wendy call 911 and report it.
    Yes, Emelina Ramirez Bojorquez is pregnant again, by a man that she met and truly made her happy, whole and complete for the first time since I’ve known her, but that is another story.
    Emelina and her girls don’t deserve this regardless of her Immigration Status. If her x-husband had of done the right thing, she would be legal, and what of her US Citizen daughter?
    The kids world has already been ripped apart, their hearts torn out, they just want AND NEED their mother back.

    Most of the information regarding Emelina can be found here:
    > http://www.thesqueakywheel.com/complaints/2007/JUN/complaint14800.cfm and
    > by following the links
    > at the bottom of the complaint. You may also get info from:
    > http://www.latimes.com/news/nationworld/nation/la-na-deport29jul29,1,147... ,
    > http://www.atlantalatino.com/detail.php?id=7732 ,
    > http://www.cbs46.com:80/video/13560651/index.html ,
    > http://www.mundohispanico.com/locales/content/locales/articulos/0705_art...

  2. Gravatar Icon Mark Friedl Aug 2nd, 2007 at 9:19 pm

    US Constitution / 14th Amendment: “…nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
    Also note that Under the new Georgia law SB 529, it requires that a person booked into jail on a felony or DUI charge be verified for lawful status in the United States. Emelina was not booked on a felony, she was booked on domestic violence. Also, Immigration and Customs Enforcement will put a hold, not to extend beyond 48-hours, on any person of interest, but Emelina was held for 2 weeks in Carrollton before ICE took custody and moved her to Alabama.

  3. Gravatar Icon El Gato Aug 6th, 2007 at 2:37 am

    Qué lástima que tales insultos contra humanidad tienen lugar con tanta frecuencia!

    Georgia I’ve found to be among the worst states in its people’s attitudes toward Latinos, up there in an infamous class that also includes other Latino-hating hotbeds like Pennsylvania, Wisconsin, New Hampshire, Ohio, Arkansas, Indiana, Minnesota, Tennessee and Kentucky– and even Massachusetts, of all places.

    This is one of the reasons I’ve been encouraging my fellow Latinos to avoid states such as these– especially on the East Coast and most of the Midwest– and congregate where we have the most demographic and political strength, i.e. in California, New Mexico and Texas chiefly, as well as in Arizona and southern Florida to an extent (probably more so in a few years). I know why some of us go to states like Georgia or Pennsylvania, there are jobs there and presumably lesser cost-of-living– although New Mexico, Texas and parts of Arizona and even California/Texas are also good in this department.

    But in the Southwest and southern Florida, we are in our ethnic homelands, we have our roots there and we have our demographic strength. By laws that stretch back to the Mexican War, we have special rights of recognition of our culture and property claims, the absolute right to written and spoken Spanish in the public sphere, and political and social power.

    IOW we can stick together there, protect each other and back each other up when the Minutemen and other racists attack us– something that we can’t do in a place like Georgia, Pennsylvania, Wisconsin, New Hampshire or Massachusetts. If we and our culture are to survive here, in a place where we were attacked militarily and expelled off our own ancestral territories, we have to stay together in the states of our homelands and avoid dispersion. Again, in most of our homeland states in the SW and Florida, there are plenty of places and many ways to keep the cost of living down, especially if we help each other and patronize Latino businesses.

    Es la llave para ganar los derechos que aun hoy los Anglos persisten negarnos. Mantenernos juntos, en nuestras tierras natales, es la unica manera aumentar nuestro poder!

Sorry, comments for this entry are closed at this time.

Bear
functional