Judge asks for home study before deciding if boy can live with undocumented relatives
Editor’s note: The names of the family members involved in this case have been omitted to protect their identities.
A court hearing on Friday went in the right direction for an immigration rights advocacy group and a family working to place a 12-year-old boy with his relatives in Ann Arbor who are undocumented immigrants.
The mother’s lawyer, Marsha Kraycir, advocated for the placement of the boy with his mother’s sister during a hearing in front of Judge Donald Shelton in Washtenaw County Circuit Court.
Shelton asked for a home study be done of the aunt’s home so he has more information with which to make a decision.
The case of the 12-year-old boy is one of two the Washtenaw Interfaith Coalition for Immigrant Rights is using to push for state policy that would allow foster children to be placed with undocumented relatives who are in the country illegally and could face deportation. In both instances, the parents of the children have been deported for being in the country illegally, but the children are U.S. citizens who remained behind and were placed in foster care.
The coalition’s efforts garnered attention in April when they made the cases public.
This past week, representatives from the coalition met with administrators in Lansing on the issue. The Child Advocacy Law Clinic at the University of Michigan Law School has also recently gotten involved.
Friends and relatives of the boy's mother speak with AnnArbor.com in April. The 12-year-old boy's plight is one of several the Washtenaw Interfaith Coalition for Immigrant Rights is using to push for state policy that would allow children in foster care to be placed with undocumented relatives.
Chris Asadian | AnnArbor.com
The father was deported to Mexico, and the mother has been held in a federal detainment facility in Texas for being in the country illegally.
However, the boy been visiting with his aunt in Ann Arbor on weekends.
Kraycir told the court it's the mother’s right to determine what happens with her child, and that it's the mother’s wish that the boy be placed with a relative.
Shelton questioned Kraycir’s authority in the matter, as Kraycir admitted she had not been in direct contact with her client, the boy’s mother.
The Department of Human Services does not have an official policy regarding placing children with undocumented relatives, but as a general practice have been not supportive of the measure because of the “fragile” situation into which a child would be placed.
“Immigration enforcement agencies are picking up people that are not law-abiding,” Kraycir said. “This family is law-abiding.”
The boy’s aunt was in the audience of the court hearing Friday morning -- which was a sign of her commitment to the boy, Kraycir said.
Margo Edwards, an attorney representing the father, said she hasn’t had contact with the father since he returned to Mexico.
“This isn’t about the adults, this about the child,” Shelton said. “I don’t know of any law in Michigan that says placement of child with illegal immigrants is forbidden.”
Shelton asked for DHS to conduct a home study on the aunt’s home before he makes a decision on the matter.
“It’s great that the judge wants more information on the issue,” Kraycir said.
Laura Sanders, co-founder of the WICIR, said the judge's request was a "step in the right direction."
Amy Biolchini covers Washtenaw County, health and environmental issues for AnnArbor.com. Reach her at (734) 623-2552, amybiolchini@annarbor.com or on Twitter.
Comments
Ryan
Sat, Jun 16, 2012 : 7:12 p.m.
Ann Arbor.com your censorship makes me sick. I didn't swear, I didn't threaten and still you censor me. Why? I'm an Iraq War veteran; I have earned my right to say my piece, unlike most of your commenters. Did you not like what I had to say so you censored it? That's what they do to dissenters in China and Iraq, do you desire to be like them? Please restore my post and let your readers judge the worth of what I have to say for themselves like real adults are supposed to do. You do yourselves, our nation, and honest discourse a great disservice by censoring real opinions.
Mike S
Tue, Jun 19, 2012 : 1:24 a.m.
And I thought free speech was a natural right, not "earned". Being a veteran may give your words more weight with many people, but you served for everyone who agrees you, every jerk with an opinion, and every corporation under law. However this does not force a commercial company to reproduce everything you say (unless you have saved up enough speech in your bank account).
prog
Sat, Jun 16, 2012 : 11:29 p.m.
Kudos for you for being offensive enough that even the lenient a2.com mods were forced to delete your hate filled screed. You make me sick.
shepard145
Sat, Jun 16, 2012 : 3:18 p.m.
You mean ILLEGAL ALIENS? An Undocumented Relative is someone who put the visa that legally authorizes them to visit/live in the United States in a kitchen drawer and can't seem to locate it. Fortunately it is on file with United States Homeland Security and will not be difficult to get another copy. An ILLEGAL ALIEN is someone here in violation of the law. Amusing how the corrupt press twists language to support their misguided bias. As a nation, we need to do a much better job of educating liberal arts students.
Basic Bob
Sat, Jun 16, 2012 : 2:31 p.m.
I don't have much confidence that this study will convince Judge Shelton to change his mind. The courts and DHS treat everyone equally - like criminals.
jcj
Sat, Jun 16, 2012 : 12:21 a.m.
The mother's lawyer, Marsha Kraycir, advocated for the placement of the boy with his mother's sister Kraycir admitted she had not been in direct contact with her client, the boy's mother. Something wrong with this picture?
Barzoom
Fri, Jun 15, 2012 : 11:44 p.m.
Take the kid away from criminals and turn him over to other criminals. A guaranteed formula for success,
prog
Fri, Jun 15, 2012 : 8:37 p.m.
The intolerance on these boards never fails to astound me.
Mike S
Tue, Jun 19, 2012 : 1:27 a.m.
You can count on it... enough that it's a niche market if you had the stomach to write for it (at least judging from the clippings my old man sends me).
Mike
Fri, Jun 15, 2012 : 8:09 p.m.
I can't even believe we waste our time in court dealing with people who break the law. Our generosity as a country is a strength and a weakness. It will eventually break us as a nation. We are our own worst enemy and anyone who follows history know what happens to countries that become complacent and think they are too big to fail.........
Opinionated
Fri, Jun 15, 2012 : 7:21 p.m.
The best place for him is with his father even if it is in Mexico. How can anyone defend taking the child away from his birth parents.
Wondering
Sat, Jun 16, 2012 : 12:25 a.m.
And even if he was being abused by his father? I hope US citizens are not forced to live with someone who had abused them.
Richard
Fri, Jun 15, 2012 : 10:17 p.m.
Because he is a US citizen and there are Federal laws in place that prevent sending him back.
clara
Fri, Jun 15, 2012 : 7:14 p.m.
ICE is not going to get involved with 'undocumented persons' until something happens, an arrest for another crime etc.
Unusual Suspect
Fri, Jun 15, 2012 : 7:02 p.m.
If the relatives are "undocumented" and their whereabouts are known, why aren't they being picked up and send back to where they came from?
Guayabita
Fri, Jun 15, 2012 : 7:14 p.m.
They are genius that is why this kid ended up in foster care. If his mom was not being deported he could have been returned to her.
M
Fri, Jun 15, 2012 : 6:54 p.m.
So the poor kid's criminal parents have either been kicked out or detained in a federal holding prison. Let's give him to another criminal! That'll make his life better.
clara
Fri, Jun 15, 2012 : 8:35 p.m.
Guayabita: "and that is legally prohibited" is what their status here is. They entered the country illegally.
Guayabita
Fri, Jun 15, 2012 : 7:18 p.m.
While they may not be here legally the boys aunt and mother are not criminals. According to dictionary.com criminal is "By an action or an instance of negligence that is deemed injurious to the public welfare or morals or to the interests of the state and that is legally prohibited."