[Congressional Record Volume 143, Number 118 (Tuesday, September 9, 1997)]
[House]
[Pages H7012-H7013]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AUTOMATIC DEPORTATION CAN BE UNJUSTIFIED AND CRUEL
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 21, 1997 the gentleman from Massachusetts [Mr. Frank] is
recognized during morning hour debates for 5 minutes.
Mr. FRANK of Massachusetts. Madam Speaker, last year in a combination
of procedural outrage and substantive outrage, we enacted into law,
over the objection of myself and many others, provisions which made
deportation automatic in a number of cases where deportation is
inhumane, disruptive not just to individuals, but to other countries,
and wholly unjustified.
No society has an obligation to tolerate within its midst people who
are a danger to others, people who disrupt the lives of others. We have
had deportation laws on the books to protect us in those situations,
although they have not always been enforced with the vigor which should
have obtained.
Last year, reacting to the terrorism and other things that happened,
we passed legislation to try to improve our internal security. Much of
that was sensible and I voted for it. Some of it was simply abusive,
demagogic, and cruel. One example was what we did in deportation.
What we said was, in effect, if one has ever been convicted of a
felony, one will be automatically deported, despite the virulence of
the offense, and in particular, regardless of whether or not in the
interim one had become a good citizen.
Let me give an example of what this outrageous law now requires. I
recently received a letter, in July, just before we broke, from Michael
Carter from the Center of Health and Human Services, a drug treatment
center in my district. He told me about a client of his.
He says, this man has been in recovery for 6 years and he is
receiving treatment. Due to recent changes in immigration laws, he is
being deported due to a charge of possession of heroin in 1989. Since
that time, he has had no further incidents, but he is being deported.
Let me read this essay from this dangerous criminal that this
Congress is insisting be deported, and let me make it very clear, this
is not the fault of the Immigration Service. They have to deport this
man because we made it mandatory, foolishly, cruelly, and without
justification.
Dear Congressman, I am a 31-year-old man that came to this
country when I was 3 months. I was brought up an American and
that is all I know how to be. In 1986, I lost three of my
fingers in an industrial accident in work. I went through 3
years of surgery and physical therapy. Unfortunately, I found
relief from my pain through the use of drugs. I know it was
the wrong thing to do, but I got a false sense of comfort
from it.
In 1989, I was arrested in Providence, Rhode Island, for
heroin and I got 2 year's probation. I made it through those
years without incident. I got help for my problem in therapy.
I have never been in jail and I am still in therapy.
Let me just note here, as his counselor has said, he has since that
time been free of drugs, free of any incident. He had a drug problem.
He should not have had it; he acknowledges it. He was found guilty of
possession, no violence, no theft; he hurt himself, no one else. He was
sentenced only to probation. Now he is going to be automatically
deported.
Let me read a little bit more.
Two years ago I applied for citizenship while I was going
to trade school. Instead of citizenship, I was arrested. This
month I was deported. I go back to court on the 4th of
August. I graduated from the New England Tractor Trailer
School of Rhode Island, and I have my class A driver's
license. I have a corporation interested in giving me a job,
but it is on hold.
Sir, I made some mistakes when I was a young man, a kid.
But my convictions are 9 to 12 years old and I am showing you
my record, and you will see I have had most of the charges
dismissed. I have 3 young children, babies, age 3, 5 and 6
years of age. My oldest daughter has cystic fibrosis and she
needs the care and love of both of her parents, sir.
I am not a bad person. I am not a terrorist. I am a man who
made some mistakes when I was a foolish kid. Sir, I love my
children very much, more than life itself, and I have the
means to support my children very well with the career I
intend to make for myself. I can go anywhere in this country
and get a good job driving tractor trailers. I do not know
how to write or read Portuguese. I know just enough language
to get by.
Where am I going to live? How am I going to eat? I don't
know the answers to these questions myself. I am terrified.
All of my family is here. I don't know why they want to take
a father away from his children. Did I do something that bad
where my children are going to lose their father?
I am a 31-year-old Catholic that wants to work hard, pay
his taxes, become a citizen, vote, raise my children the best
I know how and help them live the American dream. Sir, in my
heart and soul I am an American. I love this land and I would
die for it.
But he is going to be deported. This is a man, now 31, who when he
was very young, after an accident, became addicted to heroin. He should
not have been addicted to heroin. He was sentenced to 2 year's
probation. He completed that sentence successfully. He has now been in
treatment. He has for 8 years been a good citizen. He has since that
time brought three children into the world whom he is trying to bring
up and protect.
By an arbitrary and thoughtless act of this Congress, well, I should
not say thoughtless, unfortunately, thought went into it, he will be
deported, no matter how good a citizen he is. No matter how clearly we
can establish that he is no threat to anyone, he will be deported and
he will be sent to a country which is a foreign country to him.
I hope we will, in this House, change the law and prevent this sort
of injustice from being visited on this individual, his children, and
other people.
Center for Health and
Human Services, Inc.,
Fall River, MA., July 24, 1997.
Dear Congressman Frank: ------ is my client. He has been in
recovery on this clinic for 6 years and receiving treatment.
Due to recent changes in Immigration laws, he is being
deported due to a felony charge (possession of Heroin in
1989). Since that time he has had no further incidents. Due
to the new law, having had a prior felony, Immigration wants
to deport him.
Both he, his family, and I are asking for any assistance
you might to be able to provide, to prevent this from
happening.
------ is thirty one years old, a father of three US
citizen children and has a wife soon to obtain citizenship.
He had three fingers severed on his left hand and is
partially disabled, but does have a CDL license, Class A.
He wants to work and provide for his family, however, if he
is deported, he will not be able to parent his children for
five years. Any assistance would be highly appreciated.
Thank you,
Michael D. Carter, MA, LMHC.
______
Fall River, MA.
Dear Congressman Frank: Im a 31 year old man that came to
this country when I was the age of 3 months, I was brought up
an american and that's all I know how to be. Anyway Sir,
about two years ago I decided to go back to trade school,
because in 1986 I lost three of my fingers in an industrial
accident in work. I went through three years of surgery and
physical therapy. Within the second year I unfortunately
found relief for my physical and emotional pain through the
use of drugs. I know now it was the wrong thing to do but I
got a false sense of comfort from it. In 1989 I was arrested
in Providence RI for herion. I got two years probation, and I
successfully made it through those years without incident. I
got help for my problem and therapy which I'm very grateful
for. I never been in jail sir and I'm still in therapy which
I'm very grateful. Two years ago I applied for my citizenship
while I was going to school. But instead of my citizenship I
was arrested by the I.N.S. This month I was deported, I go
back to court on the 4th of August. I appealed this decision,
I graduated from New England Tractor Trailor School of Rhode
Island I now have my C.D.L. class A driver's license, I have
a lot of corporations that are interested in giving me a job,
a career sir. But because of what's happening to me it's on
hold, Sir, I made some mistakes when I was a young man, ``A
kid''. But all three convictions are nine to twelve years
old. I'm showing you my record sir and you'll see I have
almost 75 percent of the charges brought against me were
dismissed because I didn't do wrong and I didn't do things
the way they said I did and I proved
[[Page H7013]]
it. Sir I have three young children, babies ages three,
five and six years of age. My oldest daughter has Cystic
Fibrosis, and she needs the care and love of both of her
parents. Sir I'm not a bad person, I'm not a terrorist.
I'm a man who made some mistakes, when I was very foolish
kid. Sir I love my children very much, more than life
itself, and I have means to support my children very well
with the career I intend to make for myself.
Sir I can go anywhere in this country and get a good paying
job driving tractor trailers. Sir I love this country. I came
to this country in 1966 and this country is all I know. I
don't know how to write or read Portuguese. I know just
enough language to get by. Sir where am I going to live, how
am I going to eat. I don't know these questions myself, I'm
terrified Sir. All my families are here in the U.S. I don't
know why they want to take a father away from his children.
Did I do something that bad where my children are going to
lose their father for. Sir why even live anymore. I'm scared
Sir. I'm sorry for the people who died in Oklahoma, but I
didn't kill them. I didn't blow up the Trade Center. I'm
sorry for the people who lost their children, the children
who lost their father, the wife who lost her husband. But
that's what the country is doing to me and my family. I'm a
31 year old Catholic that want to work hard, pay his taxes,
become a citizen and vote, raise my children the best I know
how and help them live the American Dream. Like my parents
did, work hard and they became citizens of this great land.
Sir in my heart and soul I am an American. I love this land
and would die for it if I had to, to protect it and protect
democracy here and in the world. I don't know if you can help
someone like myself a statistic to the I.N.S., but a father
and financier to my family. If you can help me in anyway, I
thank you and am in your debt and prayers for my lifetime,
``thank you Sir.''
Thank you Congressman Barney Frank.
____________________