I’ve sometimes thought of D like Haiti personified. He can’t catch a break, and when you think it won’t get any worse for him, it invariably does; after weathering slavery, colonial rule, dictatorships, poverty, and hurricanes – BAM – earthquake. And yet I have never seen D with anything but a smile on his face and goodwill in his heart. I know we say those sorts of things about folks when they’re down on their luck, but I mean it; he is a man who – by all of the protected, white, middle class, American standards that shape my worldview – should be hateful, spiteful, and miserable. And yet, he is unwaveringly kind. He is infinitely generous. He is unfailingly joyful.
And as of Friday, he is also in immigration detention.
Following a totally unremarkable traffic stop in Boston, a rather ambitious police officer decided to take D into custody and call immigration. For those of you who might not have known, local law enforcement does not need an Arizona SB1070 to call ICE. It happens every day, everywhere. Enterprising officers assume it’s their responsibility to enforce laws they don’t begin to understand. They don’t come from departments with 287(g)s, and the more righteous officers don’t think they need them; as far as undocumented immigrants go, these officers are the law and their conduct goes totally unremarked – invisible – just like the lives that they cavalierly dismantle.
D, in his infinite optimism, thinks maybe there’s a chance that he’ll get a hearing, paroled, and permission to stay. While I want that to be true, he is one of the 70% of Brazilians in Massachusetts who lack any path to documentation, having arrived after the last vestiges of compassion were stripped from US immigration law. He will be deported following a month or two in detention.
Waiting for him in Brazil is his loving mother, whom Leo and I met in Belo Horizonte. They might as well be carbon copies of one another: loud, loving, innocently inappropriate, wholly incomprehensible, and undeniably likable. It would be a happy reunion except that she’s the reason why he went to the United States, why he braved death to cross the border, and why he’s endured hardship and humiliation to stay.
Several years ago, D’s mom suffered a stroke that left her partially paralyzed. D’s father – an irresponsible drunk about whom she still chortles in glowingly nostalgic tones – had already left the picture. D worked odd jobs to support his mom. One made him famous in the Belo Horizonte “favela” of São Thomaz.
D made deliveries in a rusted-out, junk heap of a van. His own Brazilian version of Little Miss Sunshine, D could only get the van running if it was going fast enough to engage and slip into gear, so every morning he started his day by pushing the van up the enormous hill a block from his home. From the top of this hill, you can see the intersection below – tiny and distant – but the middle of the hill drops from view, so steep it appears to bend back in on itself.
“Eh meu irmão! Me ajuda aí!” Help me out, brother! D would call to any passers-by as he heaved the van uphill; the neighbors soon learned to make themselves scarce in the morning hours. Once most of the way up the hill, D would clamber into the van and go whizzing down – shifting, honking, and yelling at the little old woman sweeping out her storefront to “Sai da frente!” Get out of the way! The van didn’t have any brakes either. The daily ritual gained legendary status and that stretch of road became known as O Morro do D. D's Hill.
He did anything he had to in order to keep bread on the table. He tried his luck in Rio de Janeiro – and still fancies himself a Carioca – and sold water bottles by the side of the road. Anyone who’s been to Brazil knows that at the even the slightest snarl in traffic, hawkers of all kinds materialize with armfuls of oranges, water, biscuits, and kitsch trinkets. Whenever I saw them in Brazil, I tried to imagine D on the median hollering “água gelada! Um real!” cold water for a buck! It was hard to picture given his immaculate and dignified, if working-class, lifestyle in the US.
Eventually, D had the opportunity to go to the US chaperoning a younger cousin making the trek. He was heartbroken at the thought of leaving his mother, but his brother and sister promised to look after her. He knew that with what he could earn in the States, he could make her much more comfortable than selling water or making deliveries in Brazil.
After D arrived in the US, his siblings immediately began vultureously scavenging of the money he sent for their mother’s care. When D’s mother became too much of a burden, his brother put her in a cab and sent her to D’s sister. D’s sister returned the cab to her brother. Each refused to care for their mother, and in the end, D’s petite, wheelchair-bound mom was left hapless and unwanted in the street.
Finally, D’s aunt took her in. D saved up enough money working in the US to remodel a downstairs apartment in his aunt’s home and found a qualified nurse to care for his mother. She’s been happily accommodated in her little abode for some time now, well-cared for by her nurse and kept company by D’s aunt’s family. After Leo and I visited D’s mom, D confessed to Leo that he thought sometimes about returning to Brazil, that he missed his mother.
“Don’t come back,” Leo told him, “Your mother is comfortable. She is well-cared for. You couldn’t provide for her this well working in Brazil.” D certainly wouldn’t be able to pay for the nurse; from the US he has been able to pay her as much as or more than he himself would earn in Brazil. Without a nurse, however, caring for his mother might prove to be D’s fulltime job in Brazil – without any pay.
Does the officer who took the initiative to call immigration know any of this? Would he care? Despondent during our Skype call today, Leo thought up an especially fitting punishment for the officer, “I want to take that officer and lock him in a room with only videos of D’s mom to keep him company.” Let him look at that tiny, hard-luck optimist in her wheelchair, dabbing at her half-paralyzed mouth with a towel, sometimes confused but never despairing and always singing the praises of her beloved son who would go to the ends of the Earth to ensure that she was well cared for.
I do wish that that officer could grasp the magnitude of what he’s just done to a kind man and his frail mother, peeling D’s clinging fingers off of the ledge of modest financial security and smugly celebrating his fall back into the chasm, into a neighborhood filled with drugs and violence and a life of perpetual, unvanquishable poverty.
I think about two other friends – Y and L for the purposes of this story – whose world came crashing down in much the same way. Y was an Ivy Leaguer and community leader; L was her ambitious partner from El Salvador. I had the rare opportunity to meet the officer responsible for shattering their future. I don’t think he was an ideologue; he ran L’s name because of a seemingly sketchy encounter that was in all truth quite innocent, but when L’s name came back with an “ICE hold,” the officer had no legal choice but to call ICE (L’s hold was from when he was brought to the US as a minor, given an immigration court date, and then taken to another state by his father; L never went to court and a hold was automatically placed on his name).
The officer let Y and L see each other at the station, talk for hours, even hug – minimal in human decency terms but enormous given the context. I will always remember the strapping young officer with the bearing of a family man as he looked at me and asked “but what happens to them now? I mean he’ll get a hearing right?”
“No. He’ll be deported back to El Salvador.” (He was.)
And as I watched the officer looking at the two of them wrapped in a desperate embrace, I felt vengeful righteousness but no small amount of pity; this officer didn’t want to tear apart two kids in love – he never intended it – but given his power, given that he was the catalyst that reduced their dreams to rubble, I felt it entirely just that he see every tear, every sob, every shaking caress – that he understand the consequences.
But there are other officers who never get that close to the consequences. Panicking over the possibility of Leo’s visa being denied (and the resulting move back to Brazil), I sometimes fantasize about storming into the East Boston police station and demanding to see the officer who thought it appropriate to arrest Leo for a $50 driving offense. I imagine myself slapping the Canadian rejection letter onto the table and asking him if he had the slightest notion of the harm he wrought. I would ask him to look me in the eyes and tell me that it was worth it – that his moment of righteousness was worth my graduate education, Leo’s technical education, the potential for a financially stable home, and the opportunity for us to follow our dreams.
But that’s immigration’s butterfly effect.
Somewhere in Boston, an officer stretches his wings, and a hurricane thrashes through lives half way across the world – a frail stroke victim in Brazil, a “widowed” Ivy Leaguer, and an aspiring academic in Canada.
Heartbreaking, and all too common...
ReplyDeleteWow Corin, beautifully told awful story. What a shame. Thinking of you, and your friends too.
ReplyDeleteI agree with you Corin, all of this is heartbreaking, but it's the ladies in gentlemen in Congress that you should really be raging at, not the policemen who simply do as they are told. Raging at the men and women who enforce the laws does not change the law and it's the laws that need changing.
ReplyDelete@Josh -- I don't know how you do it day in and day out. If I were you, I would have already gone mad or else completely stopped feeling. You are incredible.
ReplyDelete@TLC -- Thank you!
@Rosemary -- I think you might not understand the full context of this post... I do have some choice words for Congress, too, but these are local officers who have neither the training nor the obligation to enforce national immigration laws. A burnt-out blinker is not cause for deportation. At most, these officers should issue tickets for "driving without a license," but it gives them NO right to call ICE from their personal cell phones because of an imagined duty, the consequences of which they don't fully comprehend. Besides, with the number of "driving while foreign" stops I've seen -- the number of slurs and self-congratulations that accompany them -- and the number of deportations that they've lead to... I hesitate to consider these officers as innocents. No one tells them to do this. They do have a choice about whether or not to make those calls much of the time. They still make them. These aren't choices made in a "just doin' my job" vacuum. Many MA police departments have POLICY AGAINST this sort of behavior, but individual officers continue to act this way. I have to disagree with you, m'dear.
It seems plausible that a police officer would be allowed, even encouraged, to take someone in for further questioning if he thought an infraction other than the one he was dealing with at the moment was also taking place. Perhaps this varies from state to state, much like legislation concerning citizen's arrest.
ReplyDelete@GP -- you should review "probable cause" for arrest. I sure hope the US isn't yet a country where officers can just take you in whenever they want to chat. Also, aside from Arizona, local and state enforcement of immigration is not a law; and Arizona's is being challenged by the federal government for that reason and because taking in anyone with an accent or brown skin is downright unconstitutional. the Federal Government has its own immigration "police" force with both investigative and detention branches. Some departments have 287(g) agreements with ICE, which changes their responsibilities somewhat, but in those cases, their participation is official and therefore potentially accountable. MA has 287(g)s in Framingham and on the Cape, but not in Boston. Governor Patrick removed the State Police's 287(g); the penal system is the only statewide entity with a 287(g) now. If someone has an ICE hold, the officer is required to take them in; without an ICE hold, the officer is not mandated to take any action related to that person's immigration status. I am not kidding when I say that these officers call ICE on their cell phones; it is a personal choice based on either misconception about duties or else it's politically motivated.
ReplyDeleteUau
ReplyDeleteI hate that this happens, and I hate that it happens so often that my first thought when I read this story was, "I hope D won't try to fight this deportation, because if he does, he'll spend 2 years in detention before he's inevitably deported." If he tries for humanitarian parole that's what he's in for--and it doesn't sound like he's eligible for anything else. It breaks my heart that the best advice a person in D's situation can get is "Forget what this country says about equality and due process and justice--you won't find it in immigration. Your best bet is to ask to be on the first plane out."
ReplyDeleteYou are completely right about the police officers, of course. They choose every day which laws to enforce and on whom to enforce them. We trust them to exercise a tremendous amount of discretion. Every time they call ICE on a non-criminal they interact with, they're damaging their communty. They're breaking up families and causing law-abiding immigrants to fear the police. It's just so sad and disappointing. :(
@Legallyfit -- too true, m'dear. ALTHOUGH, amazingly, he was paroled this morning. All of the lawyers they consulted said what you said, and I was about to lean on old political connections for a letter encouraging a speedy deportation. I have no idea WHY he got paroled and how long he'll be out, but I am just so happy he's not locked up. His long term outlook is probably the same, but thank goodness for relative freedom.
ReplyDelete@Legallyfit -- PS, I told Leo "it's a miracle" and he said "it's prison overcrowding." I think he's probably right, but I'm not looking a gift horse in the mouth.
ReplyDelete@Corin-- Doesn´t "probable cause" allow for statistical probability? In this case a person who is overtly nervous when being pulled over for something mundane like a traffic violation would arise suspicion from the police officer. This same person has a hard time speaking English and does so with an accent. It seems this could indicate another violation is taking place regarding legal status and grounds for further questioning would be warranted. If another violation is in fact discovered, then the infractor would be charged for that as well or the specific agency that deals with such occurences would be informed and they would carry on.
ReplyDeleteThis does not seem like something out of this world nor a violation of anyone's civil liberties.
Aren´t these agreements between ICE and local police departmentes just acts of formality over something that is commonplace and legal? After all even if a person is detained and found to be guilty of this or that if the law was broken to arrive at that detention those who broke it would still be liable. If this is correct wouldn't groups like the ACLU be seeking legal action against these police departments?
It just does not seem like they are doing something illegal. I believe this is the case, if not why would police keep calling ICE at will if they thought they were breaking the law and hence liable?
In the end I grant you that profiling, to a certain extent, would be inevitable. Yet isn't profiling nothing more than basing action on statistical probability and then acting?
I agree with King Rosemary: what is key here is the law, not those who enforce it.
@GP -- no, it doesn't include "statistical probability," thank God. That's one hell of a scary legal argument. And by your "the key here is the law, not those who enforce it" comment, then meter readers should be able to negotiate hostage situations or conduct drug busts. It doesn't measure up. Moreover, when mistreatment happens, it goes completely unreported; these folks have no rights and no voice. And what if they do?! They've already been deported, and it's not that easy to pursue a civil rights case while living on US$200/mo. in Podunk Nowhere, Brazil. I'm not arguing it's illegal for officers to call ICE; I'm arguing that it's unethical. The fact of the matter is that it's not illegal for YOU to call ICE.
ReplyDeleteAlso, you have a right to say whatever you want, but I would remind you how insensitive this conversation is; this is a very close friend of mine. This is his life. This is my life. Excuse me for not wanting to turn this into a moot court, but this is not a website about immigration laws or reform; this is a forum for self expression because I feel silenced and marginalized in this situation. C'mon, GPm we've talked about this before...
@Corin-- I don´t think your meter reader/hostage situation example applies. When a police officer detains a person they suspect is undocumented he/she is dealing with an average joe/josephine. In other words someone just like the average, native, joe/josephine which the officer deals with all the time.
ReplyDeleteI realize this subject matter is very sensitive to you but my point of view derives from the rule of law, nothing more and nothing less. It is not meant to be cruel and sustains itself on the premise that if the law is not upheld everybody losses. Legitimacy in the end is only obtained in free society by the rule of law. If amnesty were declared tomorrow it would not be somewhat declared, apllying to a certain extent and curtailed in certain situations. It would mean amnesty.
You argue that even if the police officer can legally call ICE it is unethical to do so. Yet American society as a whole dissagrees with you it seems. Perhaps by providing a behind the scenes look at the consequences to "D" of this officer's particular call to ICE you can shift that perception. In my case however I look at the tragedies that occur to so many in societies where the rule of law is not upheld and I just don~t see wiggle room in this subject. Regardless of how painful it is to hear "D"s story I just can't agree with you.
So my blog also isn't a website on immigration laws or reform. It also is personal. I'd like to remind people who post comments on blogs like mine and Corin's that when we ask for reflection and silence, we mean it. Our posts are not mental exercises. They are subjective and often emotional. Either agree to disagree in a sensitive manner, or find some other space in cyberland to beat a dead horse.
ReplyDeleteHey Corin,
ReplyDeleteJust caught up with your blog from the past few weeks...sad to hear there's no news on Leo's visa. I do love your immigration stories though, even though they're heartbreaking. You're an amazing storyteller! Maybe someday we can co-write a book of immigration stories :) And this sounds stupid but even though you're missing Leo, try not to think of it as "missing" and more in terms of saudades, which has more of distinctly sweet and happy element to it. Good luck with school, btw!
@Rio Gringa -- thanks m'dear! Appreciate, as always, your encouragement and support!
ReplyDelete