Should she stay or go? Join the debate on illegal immigration (Bakersfield Now)

Should she stay or go? Join the debate on illegal immigration

Story Updated: Apr 2, 2009 at 9:55 AM PDT

By BakersfieldNow.com Staff

A Bakersfield woman is in jail awaiting deportation to the Philippines. Meanwhile, her husband and children are working to keep her in the United States.

Immigration officials say Jane Valdez is in the United States illegally; she's broken the law, they say. It's a first-hand look at the issue of illegal immigration.

Illegal immigration is a hot-button topic, especially in California. U.S. Immigration and Customs Enforcement officials say they "removed" 15,241 illegal immigrants in 2008 in the northern half of the state, which includes Kern County. Their stats show 12,066 removed in 2007.

Valdez may be among those deported in 2009, but her American husband, Richard Valdez, says ICE would be ripping her from the lives of her two children, ages 7 and 11.

Speaking from Lerdo Jail last month, Valdez sobbed as she talked about what could be ahead.

"This is basically a drain and mentally torture," Valdez said. "Especially with my kids because I'm not doing anything wrong."

After living here for years, ICE agents say Valdez has broken the law. She was ordered to an interview in Fresno on March 12 and taken into custody.

"It was pretty much a set up," said her attorney, David Neumeister. "They knew what they were going to do."

Neumeister said he figures ICE agents just ran out of patience. The attorney had filed a number of requests and delays for Valdez's case for years.

Eyewitness News contacted ICE to ask about the case. According to ICE, Valdez first came to the U.S. in 1993 on a fiancée visa and married that man. That ended in divorce.

ICE records show Valdez married a second and third time, and she wasn't actually divorced when she married her third husband. She did marry the third man again after the divorce was final.

In 1997, an application to become a legal resident based on her second marriage was denied. But, ICE says Valdez never left the county as ordered. In 1998 she was arrested and posted bond.

At that time, according to ICE, Valdez never went to court. In 1999 she was taken into custody and removed to the Philippines. The next year, Valdez came back to the United States illegally.

Richard Valdez said his wife was honest about that.

"She reported that she came back illegally, crossing the desert land into Calexico somewhere," he said.

Richard Valdez is an American citizen and former Marine, and he wants to find some way Valdez can stay the country.

"All she ever did was to be here to take care of her kids," Richard Valdez said.

Jane Valdez tearfully said that is all she has done.

"I'm not doing anything wrong," Valdez said from jail. "It's different if I'm like a criminal — doing drugs, prostitution or doing bad things — or a robber, or whatever. No, I have a good family."

Attorney David Neumeister said there are two sides to this, and both are valid.

"It's tragic to separate a U.S. citizen-husband and kids from their mother because of violations of the law — that to a lot of people don't seem criminal — just coming to this country, or coming without permission. On the other hand, if laws mean anything, the government has to enforce them," Neumeister said.

Neumeister said if Valdez is sent back to the Philippines she can not ask to return for at least ten years. He said it appears the children could join her in the Philippines.

The family said they don't know when Valdez could be sent back to the Philippines. They have contacted a number of lawmakers, hoping for some help.

Valdez has a plea, and a message to her children.

"I love you Ricky. I love you Jacob. Mommy will be OK. We'll be together again," she said in tears. "I want you to be strong, I love you so much, and I miss you."

Should Valdez be allowed to stay in Bakersfield? Share your thoughts below.