An appeal for clarity and compassion in the deportation case of a mother and her child

Sep 16, 2024 Peeping Tom

Peeping Tom…

Kaieteur News – Over the weekend, a report in this newspaper surfaced of a deportation case involving a woman who claims to be the mother of a three-year-old Guyanese-born child. The immigration authorities in Guyana reportedly had applied to the court for a deportation order against the woman, presumably for not renewing her application to extend her stay in the country.

This case raises several troubling questions and concerns. Why was a deportation order applied for? What offence, if any, did she commit other than overstaying her time? Has she been charged with any criminal offence, or is this merely a case of overstaying her time in Guyana, a term often used to describe someone who has not applied for an extension of their stay?

If the primary reason for her deportation is overstaying, this case reveals a deeper problem in Guyana—one that could have far-reaching social and economic consequences. There are tens of thousands of foreign nationals currently living in Guyana who are either undocumented or without proper work permits. These individuals, many of whom work in sectors like construction, have become integral to the country’s economy. Without them, our labor force would shrink significantly, hampering development.

The immigration authorities need to provide clarity on this case, as it touches not just on legal principles but also on humanitarian concerns. This woman is reportedly being deported, and in doing so, she is being forced to leave behind her young child. She would have to reapply to return to Guyana to see her child, but there are concerns if that would even be allowed. In countries like the United States, deported individuals often face extreme difficulty reentering legally, and it may be the same in Guyana.

The best interests of the child must be the paramount consideration in this matter. We are reminded of the controversy that erupted in the United States where mothers who illegally entered the country were separated from their children. The policy of separating children from their parents at the U.S. border gained widespread attention in 2018 under the Trump administration’s “zero tolerance” immigration policy. This policy mandated the prosecution of all adults illegally crossing the U.S.-Mexico border, which led to children being separated from their parents because children could not be held in federal criminal detention centers.

In 2018, following public outrage and legal challenges, President Trump signed an executive order to end the practice, and a federal judge ordered the government to reunite separated families. However, the process of reunification has been slow, complicated by poor record-keeping and difficulties in locating parents who had been deported while their children remained in U.S. custody.

In this case with the Venezuelan woman, one can only hope that some astute legal mind will intervene and seek a stay of execution of that deportation order if it is still possible at this stage. Alternatively, President Irfaan Ali should examine the full circumstances of this case and offer a pardon to the woman, if indeed her only offence was failing to apply for an extension of her stay. This is not an unreasonable request. After all, every nation that seeks to maintain the moral high ground must balance the enforcement of immigration laws with compassion and common sense.

Guyana must not allow itself to be perceived as one of those nations that applies to expel illegal immigrants without regard for humanitarian concerns. We are better than that!

Immigration is a global issue, and Guyana is no stranger to the phenomenon. During the country’s most difficult times, tens of thousands of Guyanese went abroad in search of better opportunities. Many of them were undocumented, entering foreign lands without the proper visas or overstaying their time once there. In many instances, these Guyanese built new lives for themselves, contributing meaningfully to the economies of countries like the United States, Canada, and the United Kingdom. They found work in restaurants, factories, hospitals, and construction sites, often doing the jobs that no one else wanted to do.

Those who stayed undocumented faced tremendous hardships, living in fear of deportation and often separated from their families for extended periods. Despite these challenges, most of them were not treated as criminals.

It is time for Guyana to extend the same understanding and compassion to immigrants who have come to our shores. We must recognize that many of these individuals came here seeking better opportunities for themselves and their families. In many cases, they are working in sectors where there is a severe shortage of local labor, particularly in construction, where foreign workers have become indispensable.

If this woman’s only offence is that she did not apply for an extension of her stay, it should not be grounds for her to be separated from her child. The immigration authorities cannot be rigid in our enforcement of immigration laws, especially when it comes to vulnerable individuals like mothers with young children

The human cost of deportation is immense, particularly when it involves separating families. In this case, the emotional trauma for both the mother and the child could be devastating. A three-year-old child is in the formative years of development, and to be suddenly deprived of the presence and care of their mother could have long-term psychological effects.

The mother, too, will suffer, knowing that her child is left behind, possibly in the care of others who may not be able to provide the same level of love and attention.

The authorities should thoroughly review the circumstances of this case, taking into account not just the legalities but also the humanitarian implications. If the woman is deported, she may face significant barriers to returning to Guyana, even though her child remains here.

If a legal stay of the deportation order is not possible, then the President should step in and offer a pardon. The best interests of the child must be considered, and that means ensuring that this woman is not forced to leave her child behind.

(The views expressed in this article are those of the author and do not necessarily reflect the opinions of this newspaper.)

• Application, Guyana, Guyanese-born, humanitarian, This woman, United States