Skip to main content

Arresting and Deporting Pregnant Woman For High Beam Violations

The title of this article may sound absurd.  In fact, I would not be surprised if this were an article in the satirical fake news Onion, a satirical entity that makes up fake news for the sake of giving you a good laugh.  Yet, sometimes fact is stranger than fiction, and this article in the Charlotte Observer last week is no joke.

A Mexican woman was arrested for driving with her high beams.  She has been in the United States since 1991.  She does not have a criminal record.  She was placed into removal proceedings during her arrest.

To add insult to injury, her proceedings were scheduled the week after her baby was due.  No consideration was given that babies are not always born on the day they are due, but in fact sometimes later.  Her baby was born on Thursday, the day before the scheduled date.  Immigration and Customs Enforcement finally had her proceedings terminated.  She was given Prosecutorial Discretion, where Immigrations and Customs Enforcement can terminate proceedings for an individual if they are not a danger to society, have been in the United States for a significant period, and have many ties to family and community in the area.

I have a few thoughts about this situation.  First, since when is anyone ever arrested for high beams?  I do not see any white females getting arrested for using their high beams.  The officer who arrested her should be suspended not only for poor judgment, but making life miserable for a pregnant mother.

This situation further highlights a flaw in the way Prosecutorial Discretion is used, where ICE is supposed to prioritize not trying to deport people who are not a danger to society and has ties to the community and family.  Statistics show that  ICE has been unwilling to implement this policy, according to statistics released in June by the American Immigration Lawyers Association.

In this case, it took months, and only after a baby was born, for ICE to be magnanimous that it was okay for her to stay, even though she has no legal status.  Would common sense not dictate that she should not have been arrested in the first place or placed into removal proceedings?  Yet, that is unfortunately the absurdity of the situation and the agreement between local authorities and the federal government, supposedly to catch dangerous immigrant criminals.  Since when should removal proceedings be run on the following philosophy - "arrest first, ask questions later, and then maybe, just maybe, if you have a baby, we will not deport you."



Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America.
The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds.
Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups:
Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans), we strongly rec…

Why is USCIS Taking So Long to Renew DACA Work Permits?

If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits.  Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence.

The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration.  As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes.  As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their driver's licens…
Si usted es inmigrante (incluso un ciudadano de los EE.UU.), aquí hay 9 cosas que usted debe saber.

¿Es usted un ciudadano estadounidense naturalizado, residente legal permanente, titular de una visa o inmigrante indocumentado? Le recomendamos que tome los siguientes pasos para protegerse de nuestra versión actual de América.
Las últimas semanas hemos recordado a los inmigrantes, incluso a los ciudadanos estadounidenses naturalizados, que no nacieron en los Estados Unidos. Nuestra oficina ha recibido innumerables llamadas telefónicas, mensajes de correo electrónico y mensajes de medios sociales de personas preocupadas por el futuro de su familia en los Estados Unidos.
La mayoría de gente quiere saber qué puede hacer ahora para protegerse de lo que promete ser una ola de actividad anti-inmigración por parte del gobierno federal. La orden ejecutiva de Trump sobre la aplicación de la ley interior tiene algunas disposiciones que deberían hacer temblar a la mayoría de los estadounidenses. …