A UNITED STATES LAWFUL PERMANENT RESIDENT BEHIND BARS: KEALY'S STORY
January 7, 2009 will forever be the day that Kealy (not his real name) was taken from his family. Kealy, a New Yorker and a longtime lawful permanent resident of the United States is one of many, who has fallen victim to the U.S. immigration detention system. He is a loving and dedicated father who has made America his home for twenty-three of his twenty-five years. He knows nothing of his country of origin; it is a land that is foreign to him.
Kealy describes how he was taken into Immigration and Customs Enforcement (ICE) custody in January 2009 after being detained in Riker’s Island jail in New York City for an alleged parole violation. Kealy was found not guilty of the parole violation. Nevertheless, he was held at Riker’s Island jail on an immigration detainer issued by ICE and later taken to immigration detention. Immigration detainers allow ICE to detain individuals for up to 48 hours (excluding weekends) for what ICE calls “investigative purposes,” without actual evidence that the person has committed a crime or is unlawfully present in the country.
Since ICE took him into custody more than a year and a half ago, Kealy has been moved to the Varick Detention facility in Manhattan, New York, then to York County Prison in Pennsylvania and finally to the Port Isabel Detention Center in Texas.
While Kealy has been in immigration detention, his six-year old son has been taken away from him and placed in the custody of NYC Child Services. He is currently in foster care and is seeing a child psychiatrist for the trauma of being ripped away from his family. When Kealy was able to speak with him, his son told him that he was being good so that his father would come and get him. Kealy fears that he will never see his son again.
“I cannot let my son grow up without a father & mother. I love my son with all my heart. I have established a great bond with him that I would like to believe will not be broken by distance. The harsh reality of it is that it will be…My son needs me and I feel helpless.”
Kealy describes the great toll the stress of detention and separation from his family has taken on him:
“I am currently suffering from hypertension, one of the leading causes of death in African American men next to guns, and drugs. I am taking three different high blood pressure medications and will have to take them for the rest of my life. I do not know where this has come from, as it does not run in my family and I am not overweight. I can only conclude that this stress is eating away at me slowly.”
Kealy explains how a lawful permanent resident that has lived in the U.S. for 23 years has ended up in detention while his U.S. citizen child languishes in the child welfare system:
“I never thought after my incarceration that I would be subjected to deportation. I was incarcerated for three years and was interviewed by ICE. I wrote to ICE and asked if any action was being taken against me. Their response was that I was a citizen through derivation. I was released from state custody in February 2008 and placed on parole. I was working and taking care of my responsibilities. I was violated while regularly reporting to parole due to a false accusation. I spent 14 days on Riker’s Island just for the parole court to conclude that there was no probable cause for this violation."
Kealy’s case is one of many where a family has been completely destroyed. Family separation has long been one of the most devastating and disturbing impacts the detention and deportation system has had on individuals, non-citizens and United States citizens alike.
“I would like to leave you with these words: ‘We are in the midst of a massive, decade-long deportation experiment that is exceptionally harsh ad cruel by virtually any historical or comparative measure. Indeed, many millions of non-citizens, their families, and their communities have already felt the dreadful power of this system.’ – George Bruno”
Kealy describes how he was taken into Immigration and Customs Enforcement (ICE) custody in January 2009 after being detained in Riker’s Island jail in New York City for an alleged parole violation. Kealy was found not guilty of the parole violation. Nevertheless, he was held at Riker’s Island jail on an immigration detainer issued by ICE and later taken to immigration detention. Immigration detainers allow ICE to detain individuals for up to 48 hours (excluding weekends) for what ICE calls “investigative purposes,” without actual evidence that the person has committed a crime or is unlawfully present in the country.
Since ICE took him into custody more than a year and a half ago, Kealy has been moved to the Varick Detention facility in Manhattan, New York, then to York County Prison in Pennsylvania and finally to the Port Isabel Detention Center in Texas.
While Kealy has been in immigration detention, his six-year old son has been taken away from him and placed in the custody of NYC Child Services. He is currently in foster care and is seeing a child psychiatrist for the trauma of being ripped away from his family. When Kealy was able to speak with him, his son told him that he was being good so that his father would come and get him. Kealy fears that he will never see his son again.
“I cannot let my son grow up without a father & mother. I love my son with all my heart. I have established a great bond with him that I would like to believe will not be broken by distance. The harsh reality of it is that it will be…My son needs me and I feel helpless.”
Kealy describes the great toll the stress of detention and separation from his family has taken on him:
“I am currently suffering from hypertension, one of the leading causes of death in African American men next to guns, and drugs. I am taking three different high blood pressure medications and will have to take them for the rest of my life. I do not know where this has come from, as it does not run in my family and I am not overweight. I can only conclude that this stress is eating away at me slowly.”
Kealy explains how a lawful permanent resident that has lived in the U.S. for 23 years has ended up in detention while his U.S. citizen child languishes in the child welfare system:
“I never thought after my incarceration that I would be subjected to deportation. I was incarcerated for three years and was interviewed by ICE. I wrote to ICE and asked if any action was being taken against me. Their response was that I was a citizen through derivation. I was released from state custody in February 2008 and placed on parole. I was working and taking care of my responsibilities. I was violated while regularly reporting to parole due to a false accusation. I spent 14 days on Riker’s Island just for the parole court to conclude that there was no probable cause for this violation."
Kealy’s case is one of many where a family has been completely destroyed. Family separation has long been one of the most devastating and disturbing impacts the detention and deportation system has had on individuals, non-citizens and United States citizens alike.
“I would like to leave you with these words: ‘We are in the midst of a massive, decade-long deportation experiment that is exceptionally harsh ad cruel by virtually any historical or comparative measure. Indeed, many millions of non-citizens, their families, and their communities have already felt the dreadful power of this system.’ – George Bruno”
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