Thread: Emily's case exposes 'anchor baby' plight SOB

Emily's case exposes 'anchor baby' plight

By Raul Reyes

Four-year-old Emily Ruiz arrived home in New York about a week ago after a visit to relatives in Guatemala. The flight was not your typical homecoming. It was her second attempt at re-entering the country. The first time, she was, in effect, deported — despite being born in the USA.

On March 11, Emily and her grandfather were returning to New York from Guatemala. Their flight was diverted to Washington, D.C., where her grandfather was found to have an immigration violation from the 1990s. He was detained, as was Emily. There are two versions of what happened next.

Emily's father says he received a call from a Customs and Border Protection official, explaining the situation and asking about his immigration status. He admitted that he and his wife were undocumented. Then, he says, he was given a choice: Emily could be placed in a Virginia juvenile facility, or she could return to Guatemala with her grandfather. Afraid of losing his child to foster care or adoption, Ruiz let Emily leave the country with her grandfather.

Custom officials, however, say Ruiz was given the chance to retrieve Emily. Her father, who speaks limited English, says he was not aware of such an offer.

I find Emily's case troubling, as it appears she was denied entry because of her parents' status. She had a right to re-entry, not to mention due process. "Mixed status" families — undocumented parents with U.S.-born children — are a byproduct of our broken immigration system. According to the Pew Center, in 2009, 4 million American kids had at least one undocumented parent.Immigration officials also might have violated regulations in dealing with Emily. As a result of a 1997 Supreme Court case, immigration agencies must make more than a good faith effort to reunite children with their families. It's debatable whether the agency met this standard by offering Ruiz the chance to come get Emily from more than 200 miles away.

Our enforcement-only approach to immigration doesn't allow for the nuance needed to deal with such mixed-status families. We should not be deporting — or essentially rejecting — our citizens. A path to legalization for people like Emily's parents remains the only way out of our current mess.

While Emily's story had a happy ending — so far, no action has been taken against her parents, though her grandfather remained in Guatemala — Customs and Border Protection should investigate her case. It looks as if someone made a mistake in treating a U.S.-born child as less than a full citizen.

Raul Reyes is an attorney in New York and a member of USA TODAY's Board of Contributors.
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he was given a choice: Emily could be placed in a Virginia juvenile facility, or she could return to Guatemala with her grandfather.


This is exactly how it should be done. Either take the kid home with you where she belongs - with her parents or leave her here with child services. None of this allowing illegal parents or family to stay because of anchor babies.

I mean once the child is born a US citizen under the current interpretation of the law. Of course I'd like for her to be deported to her parents... but until we stop giving birthright citizenship, that will not most times, happen.

Maybe if Emily's parents would bother to learn English, they would be able to understand the situation.

Any anchor under the age of 18 should be REQUIRED to leave with their parents if deported, since parents are legally responsible for the welfare of minor children. When they turn 18, they can come back if they want to. It's past time we started holding these invading parents repsonsible for this mess. If it means deporting so called "American citizens," along with their parents, then so be it.

Hopefully by then, we will have this anchor baby nightmare resolved and there will be no need for them to come back with their faux citizenship.

While Emily's story had a happy ending — so far, no action has been taken against her parents, though her grandfather remained in Guatemala — Customs and Border Protection should investigate her case. It looks as if someone made a mistake in treating a U.S.-born child as less than a full citizen.

I agree someone needs to look at this case and deport the parents as well, along with the anchor baby. The only mistake made here is the faux citizenship bestowed upon this anchor baby because of the 14th Amendment being hijacked.

Stop anchor baby citizenship to save our country. Whatever it takes.

Get yer hankies out. Here is the tale of little Emily Ruiz, four years old, the victim, according to her attorney, of “a tragic injustice.â€