Interview and Resource on Family Separation and Detention

 

Here at Latinxs in Kid Lit we are deeply concerned over the crisis at our southern border and the long-range effects that family separation will have on children. Today we are pleased and honored to share expert insights on this critical issue from three outstanding Latinas— children’s literature scholars Marilisa Jiménez García and Cristina Rhodes, and immigration-law expert Losmin Jiménez. In this article, you will also find resources for advocacy and a list of recommended books for the classroom. 

By Marilisa Jiménez, Losmin Jiménez, and Cristina Rhodes

The separation of families at the U.S. border and news coverage about family separation and detention has reached a pinnacle. However, those working with these communities know this dire situation was long in the making. As members of the children’s literature community, and those who advocate for the stories of young people and their families, we wanted to create a resource providing more information about the facts on family detention and separation.

For this post, we were able to interview a legal expert in the field of immigration law, Losmin Jiménez, the Project Director of Immigrant Justice for the Advancement Project in Washington, D.C. Losmin is also Marilisa’s sister and brings with her years of experience advocating for immigrants in detention. We also assembled a list, undergirded by Cristina Rhodes’ research expertise on activism in Latinx children’s literature, for educators to consider when discussing these issues in the K-12 and higher education classroom.

Interview with Losmin Jiménez, Project Director of Immigrant Justice at the Advancement Project

  1. How long have you worked in this area of law? What have you seen change? What has not changed?

I have been practicing law for 10 years. I went to law school to represent children in foster care and started volunteering with Lawyers for Children America in Miami in 2004. During law school, I concentrated on children’s rights and family law. After law school, I worked in civil legal services in domestic violence, disability rights, family law, and conducted outreach to migrant workers in a rural part of Florida. I then started working in the field of immigration and have worked in the field of immigration for 6 years. From 2012-2015, I was appointed to the Legal Needs of Children Committee for the Florida Bar. Also, in 2012, I started volunteering on the American Bar Association (ABA) Right to Counsel Strategy Group, Children’s Rights Litigation Committee. Some of that time was spent working on immigration detention issues and representing unaccompanied minors. I have seen more erosions of due process and attacks on the independence of immigration judges. I have not seen detention of immigrants decrease, but only increase, much to my disappointment.

  1. What do you wish people knew about the border crisis?

The reasons why people flee to the United States are very complicated. Many of the individuals seeking protection in the United States are fleeing persecution, gender-based violence, human trafficking, and narco-traffickers. Many individuals seeking protection at the southern border are from the Northern Triangle Countries. The Northern Triangle is a term commonly used to refer to Guatemala, El Salvador, and Honduras. The Northern Triangle countries are some of the most dangerous countries in the world outside of a conflict zone, after years of U.S. funded government interventions in the 1980s. People know they could die on the journey to the U.S. as they travel through the desert with a guide that they do not know, but risk their life and leave their country because staying home is not an option, as staying home could mean sexual assault, death, or torture. If you are fleeing for your life, applying for a visa and waiting years for a visa is not an option.

Also, it is not just people from Central America seeking protection at the southern border, but immigrants from Africa, South Asia, and other regions of the world who are seeking protection. All individuals have a right to seek protection under international law and federal law, including the UN Convention and Protocol Relating to the Status of Refugees. That is the law. Prosecuting individuals for seeking protection in the U.S. is an affront to human rights.

Something else that people new to this area may not know is that immigration detention is not new, it has been happening for decades. Over sixty percent of immigration detention centers are run by private prison corporations that are publicly traded on the stock exchange, thus these corporations have a profit motive. Family detention has existed under previous administrations, and most recently under the Obama administration there was an expansion of family detention with four detention centers, one of which closed after litigation because of the horrible conditions. At the moment, there are three family detention centers: Berks Family Residential Center in Berks County, Pennsylvania (Berks), Karnes Residential Center in Karnes City, Texas (Karnes), and South Texas Family Residential Center in Dilley, Texas (Dilley). To give you an idea of the size of these family detention centers, Dilley has 2,400 beds. It costs about $342.00 a day to detain a family. That is the financial cost, but the human costs are infinite.

The numbers of unaccompanied minors and families apprehended at the southern border has been very high for the last several years as the conditions in the Northern Triangle countries continues to worsen. Between 2014 and 2016, 168,203 unaccompanied minors were apprehended by the U.S. Customs and Border Protection (CBP). Regarding families, between 2014 and 2016, 185,957 family units were apprehended at the southern border by CBP. As of June 1, 2018, 58,113 family units were apprehended at the southern border. Please note that there are approximately 40,000 detention beds in U.S. Immigration and Customs Enforcement (ICE) detention centers. ICE detention centers are meant for adults only. Under federal regulations and as a result of the Flores settlement, children are detained in shelters run by the Office of Refugee Resettlement, which is part of U.S. Health and Human Services. However, families can be detained in a family detention center, but should only be detained for short period (20 days) to comply with Flores. The administration recently filed a motion asking a federal court for permission to detain children with their parents in ICE facilities while their criminal and/or immigration case is pending, and this could be years.  

When I heard that the administration wanted to prosecute adults entering without a visa or valid travel document under Operation Streamline, I was outraged, but I also thought it would be a horrific policy that could not be sustained given the numbers of people and families apprehended at the southern border. Just in May 2018, 9,485 family units were apprehended.

Given this information, you may understand that when some groups began making well-intentioned arguments for keeping families together, but not addressing the use of prosecution under Operation Streamline, I was very concerned that what the administration would do would be to expand family detention. The solutions we envision or solutions we want are not the solutions this administration provides. This is why decriminalizing migration is so important and necessary. I would suggest that the demand be to decriminalize migration, suspend all deportations, and end immigration detention. In addition, government policies should address the root causes of migration so people will not have to flee their countries and would be free and safe to thrive in their home country.

  1. What can those concerned with children being separated from their families do to help?

Call your Congressional Representatives, meet with them, and advocate for policies that decriminalize migration, donate to organizations working with impacted populations such as RAICES, Kids in Need of Defense (KIND), the Young Center for Immigrant Children’s Rights, the Women’s Refugee Commission (WRC), Detention Watch Network, and Grassroots Leadership. There are so many more, these are just suggestions.

  1. What are some myths about the current crisis that you hope are dispelled?

One myth that I see is the myth that people are “breaking the law.” By choosing to prosecute individuals at the southern border under Operation Streamline, the government is criminalizing a multitude of asylum seekers; however, under U.S. law and international law, individuals can seek asylum and should be able to do so. They should also be afforded due process– that is also “the law.”  Another myth is that a “court order” is what is making the government separate the families. The reference to a court order is a reference to the Flores v. Reno settlement (1997) agreement. This settlement involves protections for children apprehended by immigration enforcement and concerns protections and conditions for all children in immigration, including unaccompanied minors and accompanied children. For more information, please look at materials on KIND’s website or WRC’s website about the Flores settlement. The Flores case was first filed in 1985 because of the egregious detention conditions unaccompanied minors endured in immigration detention.

Another myth is that detention is the solution when in fact it is not. Detention is inhumane, exacerbates trauma, and negatively impacts child development. In addition, it is incredibly expensive. There are humane ways to ensure the government processes individuals and families seeking protection. One method could be to move away from a law enforcement model to working with humanitarian personnel or social workers who are trained in dealing with survivors of trauma and are familiar with best practices in child welfare in a home-like setting or by placement with family in the home country. Lastly, there is no right to counsel in immigration proceedings, so there is no public defender who will be getting appointed to represent indigent clients in immigration court. Immigrants facing prosecution will be appointed a federal public defender in their criminal court case, but immigrants will not be appointed counsel in their immigration case. So you could have a 7-year-old unaccompanied minor who is facing court by himself or herself or a mother with two children facing court alone.

Further resources recommended by Losmin and Marilisa Jiménez:

National Institute of Trial Advocacy Blog, Immigration Relief for Unaccompanied Minors by Losmin Jiménez, http://blog.nita.org/2017/06/immigration-relief-unaccompanied-minors/

National Institute of Trial Advocacy Blog, Immigration Court and Due Process–NITA’s Official Position by Losmin Jiménez, http://blog.nita.org/2017/11/immigration-court-due-process-nitas-official-position/

Raices: https://www.raicestexas.org/

Kids In Need of Defense: https://supportkind.org/

Teaching Central America: http://www.teachingcentralamerica.org

The Young Center for Immigrant Children’s Rights: https://www.theyoungcenter.org/

Detention Watch Network, https://www.detentionwatchnetwork.org/

Mijente: https://mijente.net/home/

Grassroots Leadership: http://grassrootsleadership.org/

Reading Recommendations by Cristina Rhodes

The following is not an exhaustive list of children’s books, websites, and academic sources, but each reveals, examines, and meditates on undocumented immigration, deportation, and childhood. If history has taught us one thing, it’s that children are disproportionately affected by geopolitics, and recent events more than solidify that fact. But children’s literature takes up that trauma, molds it and reshapes it into something new, something transformative. Children’s literature offers perspectives not just of hope (though hope is certainly there in those pages), but of the harsh reality of border crossing and children’s resiliency in the face of peril. In times when we’re left wondering what to do, what to think, I believe that turning to the pages of books for young readers allows us to mediate our feelings of hopeless and helplessness and allows our children to understand that they are not alone.

Children’s Books:

Picture Books

  • Somos como las nubes / We Are Like the Clouds by Jorge Argueta
  • Friends from the Other Side/Amigos del otro lado by Gloria Anzaldúa
  • Two White Rabbits by Jairo Buitrago
  • Super Cilantro Girl by Juan Felipe Herrera
  • Mamá The Alien/ Mamá La Extraterrestre by Rene Colato Laínez
  • Waiting for Papa by René Colato Laínez & Anthony Accardo
  • My Diary from Here to There by Amada Irma Pérez
  • Pancho Rabbit and the Coyote: A Migrant’s Tale by Duncan Tonatiuh

 

 

 

 

Middle Grade

  • Gaby, Lost and Found by Angela Cervantes
  • Us, in Progress: Short Stories About Young Latinos by Lulu Delacre
  • The Only Road by Alexandra Diaz
  • The Distance Between Us by Reyna Grande
  • My Family Divided by Diane Guerrero
  • The Circuit: Stories from the Life of a Migrant Child by Francisco Jiménez
  • Esperanza Rising by Pam Muñoz Ryan

 

 

YA

  • La Línea by Ann Jaramillo
  • Enrique’s Journey by Sonia Nazario
  • Illegal by Bettina Restrepo

Further Reading:

Websites

Articles

Peer-Reviewed Articles

  • Benuto, Lorraine T., Jena B. Casas Frances R. Gonzalez, and Rory T. Newlands. “Being an undocumented child immigrant.” Children and Youth Services Review, vol. 89, 2018, pp. 198-204. https://doi.org/10.1016/j.childyouth.2018.04.036
  • de Cortes, Oralia Garza. “Behind the Golden Door: The Latino Immigrant Child in Literature and Films for Children.” Multicultural Review, vol. 4, no. 2, 1995, pp. 24–27, 59–62.
  • Gonzales, Roberto G. “On the Rights of Undocumented Children.” Society, vol. 46, no. 5, 2009, pp. 419-22. doi: 10.1007/s12115-009-9240-7

We are deeply grateful to the authors of this article for exemplary work in their respective fields.

Marilisa Jiménez García is an interdisciplinary scholar specializing in Latino/a literature and culture.  She is particularly interested in the intersections of race, gender, nationalism, and youth culture in Puerto Rican literature of the diaspora.  Marilisa also specializes in literature for youth and how marginalized communities have used children’s and young adult texts as a platform for artistic expression, collective memory, and community advocacy. She is an assistant professor of English at Lehigh University. Her Twitter handle is @MarilisaJimenez.

 

 

Losmin Jiménez is Project Director and Senior Attorney for the Immigrant Justice Project. She has practiced law in numerous areas affecting children, families and immigrants. Losmin received her law degree with honors from the University of Florida College of Law. Learn more about her work here. Follow her on Twitter via @LosminJimenez.

 

 

 

Cristina Rhodes, a frequent and valued reviewer on this blog, is a Ph.D. candidate in children’s literature at Texas A&M University. Her thesis is entitled “Embodying la Resistencia: Activist Praxis in Latinx Children’s and Young Adult Literature.” Follow Cristina on Twitter at @_crisRhodes. 

Author Marie Marquardt On Immigration, Research, & Writing Fiction From A Broken Heart

 

By Marie Marquardt

A few years ago, I made a rather unusual decision for a sociologist of religion. I decided to write a romance for young adults – one that is, in many ways, linked to my academic research. I’m going to be honest: it wasn’t exactly a decision. It was something I sat down before dawn one November morning and started doing, despite the constant nagging feeling that this was a huge waste of time and energy because the story would never, ever be finished — much less published.

23848212The words I wrote in those pre-dawn hours eventually became my debut YA novel, Dream Things True. It tells of one Mexican-American family’s journey through immigration, settlement, adaptation, detention, and deportation. It’s told from the perspective Alma Garcia, an ambitious Latina on the verge of adulthood, and Evan Roland, the privileged Southern boy who falls in love with Alma, and who tries with all his might to help Alma preserve her humanity, her extraordinary individuality, andher dreams.

When I began to write Alma and Evan’s story, I was a published author of two non-fiction books on Latin American immigration to the United States, a full-time college professor, and a mother pregnant with my fourth child.  So, clearly, the decision was not one that I made because I needed a new project! I had plenty of projects.

What was I thinking?

Looking back, I see two reasons that I needed to write this story. I work as a researcher, advocate, and service provider with undocumented immigrants in the U.S. South, and because of that work, I often get asked to speak to groups about the contentious topic of undocumented immigration. After several years of standing in front of crowds and sharing great quantities of data and information, I came to a realization: It’s important to know the facts, particularly when so much misinformation is floating around about the causes and consequences of undocumented immigration. But what people long for is the personal connection, the human story.

I have come to believe that, in our polarized, fragmented society, we do not need more information.  Our lives are saturated with information (and misinformation). What we need – what humans long for – is connection. I have been granted the privilege of building friendships with undocumented immigrants, of being a part of their lives, and of caring deeply for them. I have seen the struggles they face not through media sound bites and political rhetoric, but instead through the eyes of love. I wanted to give others, who may not have these opportunities, a chance to enter intimately into the experiences of undocumented immigrants and the people who love them.

I wanted to build connection.

That’s the first reason I wrote Dream Things True. The second reason was one I would only grasp in hindsight. I started writing this book during a very difficult time for undocumented immigrants in the South – when families I knew and loved were being torn apart by detention and deportation. I joined several friends and colleagues to develop a non-profit that works with immigrants in detention and their families. This work is, I believe, the most important work that I do, but it also breaks my heart wide open almost every day. Writing fictional stories about immigrants in crisis allows me to affirm and celebrate their resilience. It also helps me to process the emotion of accompanying these families through very hard times.

I write fiction from a broken heart.

Along the way, I have discovered some surprising similarities between writing fiction and writing academic non-fiction. Both are very hard work. Whether we want to do it or not, authors have to sit down and put words on a page. The professional practice of most good fiction authors I know is much like the practice of good academics: they are inquisitive and creative, and also structured and disciplined. They exist not in solitude, but in a community of people who share their passion and who support their efforts.

Another shared quality is the need for rigorous research. When I began writing Dream Things True, I already had more than a dozen years of experience researching undocumented immigration and working with undocumented immigrants. Nevertheless, I had a great deal of additional work to do, if I wanted to get the story right. Perhaps it’s a sign of how profoundly complex immigration law is, but I consulted with several immigration attorneys and paralegals to ensure that the details of Alma’s story were correct. The story is “true” – not in the sense of reflecting one person’s actual experience, but in the sense of accurately characterizing the journey that Alma’s family would make through the labyrinth that is the U.S. immigration system.

It’s not easy to write a scene at a lawyer’s office or in a courtroom that is both emotionally compelling and accurate, but I do my very best. One of the most amazing compliments I have received was from a colleague who worked for thirty years as the head of immigration legal services for a large non-profit in Atlanta. She told me that the story was, indeed, accurate (yay!) and that she wanted to make it required reading for every incoming attorney at her agency. She believed that reading the story would help them to remember the full, complicated, and profound humanity of each of their clients.

This is the power of fiction.

So I will continue my work as a scholar, advocate, and service provider with undocumented immigrants. And I also will keep writing love stories, because I firmly believe that love is more powerful than fear, and that thorny issues are best solved not from a place of fear but from a place of love.

 

Below are six short videos of Marie Marquardt talking about her debut novel Dream Things True and her work with undocumented immigrants.

 

 

Headshot-OfficialMarie Marquardt is a Scholar-in-Residence at Emory University’s Candler School of Theology and author of contemporary YA fiction.  She has written several articles and co-authored two non-fiction books about Latin American immigration to the U.S. South. DREAM THINGS TRUE (St. Martin’s Griffin/ September 2015) is her first work of fiction.  She lives in a very busy household in Decatur, Georgia with her spouse, four children, a dog, and a bearded dragon. When not writing, teaching, or chauffeuring her children, she can be found working with El Refugio, a non-profit that serves detained immigrants and their families.