After a spat with her ex, Austin mother faces deportation (Austin American-Statesman)

After a spat with her ex, Austin mother faces deportation
By Juan Castillo
AMERICAN-STATESMAN STAFF

Sunday, May 04, 2008

Maria came to Austin from Mexico on a visitor's visa at 13. She quietly built a life, attending middle school, graduating from Austin High, marrying, divorcing, raising two children on her own and working full-time at a child care center.

But Maria, now 30, had a secret with the potential to throw her life into a tailspin: Like millions of people in the United States, she is unauthorized to live and work here. A federal immigration officer discovered that secret in the Travis County Jail, where Maria had been booked on a misdemeanor assault charge after she was involved in a dispute with her ex-husband.

They had argued during a custody exchange of their children. Maria said that knowing her ex's history of domestic violence, she thought it wise to call police. (According to public records, her former spouse has twice been charged with assault/family violence; both cases were dismissed.)

When they arrived, police found "bleeding scratch marks" on her ex-husband's neck and forearm, according to an arrest affidavit. Maria said she had only blocked his attempt to strike her after she tried to take their 8-year-old daughter from his arms.

Maria spent the night in jail, paid $2,000 bail and signed documents for her release. Then the immigration officer approached. She told Maria she was now in federal custody.

"I said, 'This is not happening to me.' I mean, I am not a criminal," Maria recalled, overcome with emotion. (The American-Statesman is not using her real name because she said she fears retaliation from the government and her ex-husband.)

Now out on $11,000 bail in her immigration case, she ponders an uncertain future.

At home after a long day's work, wearing sweatpants and a baggy T-shirt, she shuttles from one bathroom to the other, giving her children baths with her mother's help. With her 5-foot-2-inch frame and girlish looks, she resembles a teenager.

Her 6-year-old son has been diagnosed with mild autism, Maria says. Both kids were born here and are U.S. citizens, and her family lives in this country. If Maria is deported, the whole family would suffer.

"I just don't think it's fair, what's happening." Maria says.

Nicole True, a criminal defense attorney who initially represented Maria, agrees. She says stories like hers — a reported victim of abuse who called police and now could be separated from her children — show the pitfalls of putting federal immigration agents in the county jail full time.

Critics contend Immigration and Customs Enforcement's increased presence also undoes years of work by Austin police to win the trust of undocumented immigrants, who are frequently the victims of robberies and other crimes. Police have sought to assure them that they would not be turned over to immigration authorities for reporting crimes or cooperating in criminal investigations. But Maria said that knowing ICE is in the jail will make immigrants think twice before calling police.

Austin Police Chief Art Acevedo said the controversy has no impact on his department's operations.

"Our message is always very clear. If you break the law and you're out there victimizing folks, we don't care if you're an illegal immigrant, a legal resident or naturalized citizen, or a person born here — we're going to treat everybody the same and that is as a criminal (suspect)," Acevedo said.

The Travis County sheriff's office says it does not investigate the legal immigration status of people they arrest or their family members.

An immigration official said agents work strictly within the confines of the jail.

"We're not identifying people here illegally and then taking that information and going out and looking for more people," Adrian Ramirez said.