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Border and Immigration

Dispatches from the southern tip of Texas.

Seeking asylum to escape government persecution

By Jazmine Ulloa
Austin American-Statesman
 
Jorge Luis Reyes Salazar remembers when soldiers arrived in March 2008 in Guadalupe, a small Mexican farming community along the border in the Juárez Valley about 50 miles from Juárez.

They swept through the streets of his hometown, he said, terrorizing families and ransacking homes in what they said were searches for drugs, guns and money.

“A war began, but not against narco trafficking — against civil society,” Reyes, 19, told an audience of about 70 people Wednesday at a forum held by the Texas Observer. “The people — people like my family — began to protest.”
Full story.

U-visa might take a U-turn

By Jazmine Ulloa
San Antonio Express-News
 
A police report that Patricia Martinez keeps folded in a large Ziploc bag tells some of the story she wants to forget.

A man, it states, walked into the small travel agency in Los Angeles where she worked, chatted her up, then grabbed her arm and thrust her against a wall, fondling her breasts and trying to disrobe her.
Full story.

Born To Be Barred

At the border, U.S. citizens are being refused re-entry because they were delivered by midwives.
By Jazmine Ulloa
The Texas Observer
 
It was just another sweltering Monday morning in August. Yuliana Trinidad Castro sat in her truck with her mother, sister, and newborn daughter, windows up and air conditioner on high, waiting to cross into Brownsville from the Mexican border city of Matamoros. That weekend, like so many before, they had visited family on the southern side of the border. The trip back home, a sluggish procession across the international bridge through curving aisles of bumper-to-bumper traffic, was frustrating but familiar. The Castro sisters did it practically every week. “It was just so routine,” Yuliana’s sister, Laura Nancy Castro, recalled months later.
Full story.

Seasonal workers sue agricultural giant

By Jazmine Ulloa
The Brownsville Herald
 
As a day laborer, Raul Salas would often have to wait for odd jobs that were never steady and barely allowed him to make a living.

So he says he jumped at the opportunity when, last year on a June day, a fellow laborer named Pensamiento offered him a seasonal job detasseling corn in Indiana.

“He came up to me over there,” said Salas, pointing to a spot in downtown Brownsville where day laborers were known to gather to wait for work.
Full story.

Boy struggling for life now faces mom’s deportation

By Jazmine Ulloa
The Brownsville Herald
 
Angel de Jesus Barrera will turn 3 next month. But at 22 pounds and eight ounces, he is fighting for his life as his mother faces deportation later this month.

He was born with congenital craniofacial dysmorphism, an abnormality in fetus development, which left part of his cranium and face disfigured. Barrera looks more like a 1-year-old given his size and weight. He has a whole list of medical conditions, some of which include Down’s syndrome, scoliosis, mental retar dation, seizure disorder and a serious case of glaucoma that recently caused the removal of his left eye.
Full story.

Mexican citizens looking for sanctuary

By Jazmine Ulloa
The Brownsville Herald
 
A middle-aged woman was driving along a busy street in Matamoros on her way to visit family, when she passed a Soriana grocery store barricaded by a throng of Mexican soldiers and vehicles. Gunshots cracked in the distance.

She kept her eyes on the road and pressed on the gas, following what many Mexican citizens consider unspoken policy: Look away. Mind your own business. Keep your mouth shut.
Full story.

U-visa applicants mired in bureaucracy

By Jazmine Ulloa
The Brownsville Herald
 
He erupted in rage one night, slamming her against the wall while she wrapped her arms around her stomach in an effort to protect her womb. He stormed through their home, yelling, cursing, “breaking everything in sight,” she recalls.

When he left, shattered glass and tears were riddled across the floor. She called the police, then made the decision — perhaps the toughest she has ever made — to press charges against her husband. An immigrant woman from the small Mexican town of Silacayoapan, she had no legal documents, no steady income, no family members nearby.
Full story.

The Iron Canvas

By Jazmine Ulloa
The Texas Observer

ON A WINDY, LATE-FEBRUARY SUNDAY in Brownsville, gallery owner Mark Clark and a dozen artists left the gallery carrying paintings and other pieces. They crossed the street, passed a lone Border Patrol van on the river levee, and arrived in Hope Park, a green space on the Rio Grande that celebrates ties between Mexico and the United States. In defiance of the Border Patrol, they began hanging artwork on the rusty, unfinished wall snaking its way partly through the park, the art’s colors popping against the gritty iron bars and overcast sky. It was a way to “beautify the ugly,” Clark says. “It lets people know that the wall has not gone away as a political issue and that we are extremely disappointed in the Obama administration and their decision to continue this idiocy.”

Clark has been fighting the wall since 2006, when former Homeland Security Secretary Michael Chertoff and his entourage first came to the border city. Clark picketed Chertoff’s press conferences, participated in citywide protests, and tagged the gallery’s roof with No Al Muro (“No Border Wall”) in charcoal. When Chertoff’s tenure ended in 2009, Clark threw him a retirement party at the gallery, where guests could pummel a piñata modeled after Chertoff and throw shoes at a George W. Bush impersonator.

Clark is still fighting, even though the struggle can feel doomed at times. Immigration reform has fallen on the nation’s backburner, and construction on the wall is rolling along at $12 to $18 million a mile. The rest of the country may have moved on to other topics, but Clark and his neighbors can’t because of the hulking reminder. He no longer rides his bicycle along the levee to work. “It used to be a quiet, serene ride through nature,” he says. “When you have an iron curtain on one side blocking your view, it is a little on the oppressive and depressing side.”

He says he is not going to let the United States forget it’s making a mistake. So on Feb. 28, he turned the wall into a canvas that displayed people’s frustrations with the metal divide. There were paintings of moonlit mojadas, female border-crossers, and the river view undisrupted by the fence. An illustration by Clark depicted dozens of Mexicans marching into the country through a hole in the fence. One Mexican was an unemployed Ronald McDonald selling helados, ice cream, on the corner. It is “every nightmare about Mexican immigration,” he says. There were conceptual pieces, such as a missing-person poster and a pile of stuff including a pair of shoes, a deflated flotation tire, and a water jug left behind by immigrants illegally crossing the border through Arizona. A 30-foot ladder of green bamboo and twine leaned against the fence, reaching toward the sky and swaying in the wind. Artist David Freeman, an arts instructor at South Texas College in McAllen, stuck salva-tree thorns on the rungs to symbolize obstacles faced by illegal immigrants in the United States.

Perhaps the brightest display was that of Susan Harbage Page, a photographer and lecturer at the University of North Carolina at Chapel Hill. Page designed a funeral wreath using colored ribbons and plastic flowers arranged like a target. It is a memorial to the lives lost crossing the border, “a beautiful thing that sucks you in but represents many harsh realities and losses,” she says.
The installation came and went quietly, without any clashes with U.S. Border Patrol or local authorities. “I plan to do this every year,” Clark says, “until the wall goes away.”

As published March 24, 2010, Texas Observer

Born To Be Barred

At the border, U.S. citizens are being refused re-entry because they were delivered by midwives.
 
By Jazmine Ulloa
The Texas Observer
 
IT WAS JUST ANOTHER SWELTERING MONDAY MORNING in August. Yuliana Trinidad Castro sat in her truck with her mother, sister, and newborn daughter, windows up and air conditioner on high, waiting to cross into Brownsville from the Mexican border city of Matamoros. That weekend, like so many before, they had visited family on the southern side of the border. The trip back home, a sluggish procession across the international bridge through curving aisles of bumper-to-bumper traffic, was frustrating but familiar. The Castro sisters did it practically every week. “It was just so routine,” Yuliana’s sister, Laura Nancy Castro, recalled months later.

Then they reached the checkpoint. As always, the sisters, both American citizens, rolled down their windows and handed their entry documents to the U.S. Customs and Border Protection officer on duty, Eliseo Cabrera. Laura Nancy handed over her U.S. passport. Yuliana presented her daughter’s Texas birth certificate and her own, along with a receipt proving she had applied for a U.S. passport. Their mother, a Mexican national, presented her visitor’s visa.

The officer, Laura Nancy says, scarcely glanced at the documents—except for Yuliana’s. He examined her birth certificate and application receipt for a few moments, then ran the information on his computer. He was especially interested, the women would soon learn, in the person who registered Yuliana’s birth certificate—a once-popular midwife named Trinidad Saldivar.

Midwifery was once a cultural institution and an economic necessity for many along the border. Since the 1960s, the practice has almost disappeared as regulations for midwives, or parteras, have become more stringent—and as they were increasingly accused of falsely registering children of Mexican families as U.S. citizens. Until the early 1990s, Saldivar was one of the most sought-out parteras along both sides of the Texas-Mexico border. Following an investigation by the U.S. Immigration and Naturalization Service (as it was then called), Saldivar was one of more than a dozen Valley midwives accused of falsifying birth certificates. Some pleaded guilty—to avoid, they said, serving prison time. No one was asked which records they had been paid to forge and which were authentic, making it nearly impossible to determine which children had been delivered in the United States and which had not. Saldivar was never convicted, but her name was tarnished in the process—at least in the eyes of the U.S. government, which included her in a list of more than 230 “suspicious” midwives.

Maybe her name registered that morning with Officer Cabrera. But he appeared to be convinced from the start that the document was false, Yuliana has since stated in legal filings. He asked questions but ignored the answers, she says. He confiscated all four passengers’ documents, directed them out of traffic, and referred them for further inspection. What happened then, Yuliana’s mother says, “I would not wish on anyone.”

The three womens’ court statements tell the same story. They were taken into separate rooms and held for 11 hours. They were interrogated, mocked, harassed, and threatened with deportation or imprisonment—all, they say, to persuade them to sign confessions saying they held fraudulent documents. They were offered neither food nor water. Their requests to call for help or speak to relatives who’d come to the international bridge to look for them were denied. A cousin who wanted to see them was spirited away by officers, the sisters say.

“It was as if we had been kidnapped,” says the mother, Trinidad Muraira de Castro.

“I was so scared,” says Laura Nancy. “No one knew what was happening to us.”

Yuliana remembers hearing her baby, Camila, cry uncontrollably outside in the lobby while an officer interrogated her. She insisted she was born in Brownsville, as the certificate said. Her citizenship had never before been questioned, she told the officer, and if permitted, she could retrieve more documentation, including her mother’s blood work from a Brownsville hospital after Yuliana’s birth. In that icy little room, none of that mattered. “The officer continued harassing me, yelling at me, and telling me that I was Mexican and that he was going to deport me,” Yuliana, then 25, wrote in her statement. “After a while, I realized I had no way out since he told me no matter what I did, to him I was Mexican.”

It was all too much for her mother. Trinidad says she was grilled at length about falsified birth certificates she had indeed obtained for Laura Nancy and Yuliana when they were children—certificates saying they were Mexican citizens so they could attend school in Matamoros. Out of fear and exhaustion, she says, Trinidad signed a confession saying she had falsely registered her daughters as born in the United States.

That was that. By the time Trinidad, her daughters, and granddaughter were released, the sky was dark. Their entry documents had been taken away, and the Castro sisters were stranded in Mexico. What began as a “routine” return home to Brownsville had turned into a nightmare—one that would stretch over months, landing the Castros in a protracted legal battle and separating family members in Mexico and the United States.

They were not, they soon learned, alone. The Castros have filed suit in federal court against Customs and Border Protection. Their attorneys are seeking class-action status for the case, which could broaden its reach and have widespread implications along the border. The Castros’ experience last Aug. 24, their attorneys allege in court filings, was not an isolated incident, but a symptom of a systematic problem—a “window into the cases of dozens, if not hundreds, of similarly situated persons.” It’s also a window into the human costs associated with the U.S. government’s patchwork “crackdown” on illegal immigration.

NOT LONG AFTER the Castros were denied entry, a group of their U.S. relatives showed up at the Brownsville law office of Jaime Díez. An immigration attorney who has worked in the Valley for 12 years, Díez has become well known in the region for his pro bono immigration work, his strongly opinionated columns in a Mexican newspaper, and his weekly television commentaries on border and immigration issues for a Matamoros station. After he discussed the passport problem faced by U.S. residents returning from Mexico on one of his television spots, people started showing up at his studio.

Díez and other immigration attorneys in the Valley have heard of countless experiences similar to the Castros’. “Most people are totally unaware of this risk, which is why they fall into this trap,” says Lisa Brodyaga, who is working with Díez as a lead attorney on the Castro case. “We still do not know how often it is happening,” she says, because “when it happens to someone they end up in Mexico, cut off from access to counsel.”

Jessica Garcia, a Brownsville lab technician, was among those sent back to Matamoros without her legal documents. A few weeks later, after seeing Díez on TV, the 22-year-old Garcia and her mother went to the station to meet the attorney. She told him about her experience at a Brownsville international bridge on Halloween morning of last year—a morning that, she says, “changed everything, turned everything around for me.”

Two years earlier, Garcia’s husband had lost his U.S. work visa, and the family had moved back to Matamoros. Garcia kept her well-paying job at a Brownsville plasma center to support the family, which meant crossing daily through the port of entry.

Like the Castro sisters, Garcia had been delivered in Brownsville by midwife Trinidad Saldivar. Her mother, Ana Maria, remembers shopping in downtown Brownsville one day when she came across a colorful board on Saldivar’s front porch advertising her services. It was decked with a stork delivering a baby, she recalls. “Partera,” it read.

For Ana Maria, it seemed like a convenient way to have her baby in the United States and give her more opportunities. There was no need to commit fraud, she says. “If I had paid for a false document for Jessica,” she says, “I would have bought one for her older brother as well. But he is a Mexican citizen.”

On the ever-hardening line between the United States and Mexico, customs officials have long been accused of mistakenly detaining, deporting, or denying entry to U.S. citizens. Since a heightened security measure called the Western Hemisphere Travel Initiative went into effect last June, most of those targeted for interrogation at ports of entry, immigration attorneys like Díez say, have been U.S. citizens who present birth documents registered by midwives—people like Garcia and the Castro sisters, born in U.S. homes, not hospitals. (See “Locked Out”)

The new mandate requires U.S. citizens to present passports, passport cards, or other “initiative-compliant” documents when crossing from Mexico by land. Even before it was implemented, the requirement brought to light a series of complications faced by people born with the assistance of midwives. For years, the U.S. State Department had been rejecting passport applications from people whose births were attended by midwives, citing the forgery convictions. The issue came to widespread attention two years ago, when an increasing number of border residents began requesting passports to comply with the new travel-security measures.

Immigration attorneys say they began to see a stream of cases in which the U.S. State Department sent applicants in bureaucratic loops, asking them to provide all sorts of supplementary proof of citizenship—including newspaper birth announcements and high-school yearbook photos. Rejected applicants included children, senior citizens, U.S. military veterans and federal employees. The process was so arbitrary, says Díez, that some siblings in the same family would get their passports while others were denied. The Castros were a case in point: While Laura Nancy received her passport within weeks of applying, Yuliana had been asked to provide additional proof of citizenship—and was still waiting when she was denied entry last August.

In a class-action lawsuit against the State Department, the ACLU and immigration attorneys representing citizens whose applications had been rejected claimed that the department had “adopted a blanket suspicion toward one group of passport applicants.” In a settlement last year, the department agreed to initiate new procedures and training for officials taking passport applications. The settlement helped some, but many others’ requests remain in limbo, says Díez. Customs officers at ports of entry, like the ones who sent Garcia and the Castros back to Mexico, are not bound by the agreement.

“These are issues that should be handled in a courtroom, not the port of entry, where people do not have access to counsel, nor their constitutional rights,” Díez says. For many U.S. citizens still awaiting passports, border checkpoints are where their fates are decided, with customs officers serving as judge and jury.

Citing ongoing legal proceedings, U.S. Customs and Border Protection officials declined to comment about their procedures. Eddie Perez, public affairs liaison for ports of entry in Brownsville, would not say much, either. “CBP officials are not at liberty to discuss any cases under litigation,” he told the Observer. Perez said the issues can be difficult for customs officers to deal with. “We try to cover every base. We want to make sure every person we process is clear to enter,” he said. “Sometimes that process is long; sometimes it is short.”

For Yuliana and Laura Nancy Castro, the process has been long. Since their ordeal at the international bridge, a federal judge has granted the sisters permission to re-enter the United States, where they live with their husbands. But they can no longer visit their mother and extended family in Matamoros. Christmas and New Year’s were gloomy holidays, they say, spent around the dinner table in Laura Nancy’s Brownsville apartment, cut off from the celebrations of their Mexican family. Their mother is depressed, family members say, and has trouble eating. The separation has been especially tough on Laura Nancy, who was pregnant when she was denied entry and last month gave birth to a daughter. “My mother has not seen the baby,” she says, “only photos my husband has taken of her.”

Her husband and 3-year-old son, Polo, can still visit Trinidad Castro. Laura Nancy has trouble explaining to Polo why she can’t accompany them. “I tell Polo, ‘I can’t go. I am going to the doctor.’ I am always at the doctor,” she says.

Her son does not understand. Her teenage niece does. She planned to have her quinceañera this month. The coming-of-age ceremony is held on a girl’s 15th birthday. Her niece, Elvira Alexandra, had a band and dance hall booked in Matamoros, but she doesn’t want to have the party without her aunts, whom she calls her second mothers.

“Now the date is open,” says the girl’s mother, Maribel Ramirez de Castro. “It may seem like little changes, but they really affect your life.”

As published May 13, 2010

Photo by Jazmine Ulloa