[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.

                          ____________________