Illegal immigrant who was shackled while giving birth sues

[Judi Lynn]

Source: The Tennessean

Illegal immigrant who was shackled while giving birth sues
By Kate Howard • THE TENNESSEAN • February 26, 2009

After she was arrested in Metro for driving without a license and shackled while giving birth in custody, Juana Villegas de la Paz was told she could stay free so long as she checked in monthly with immigration officials.

Now the illegal immigrant has learned that she'll be deported the next time she checks in, and she's suing the Department of Homeland Security for failing to provide her with a copy of her immigration file.

The suit, filed this week in U.S. District Court in Nashville, asks a federal judge to order the department to turn the file over so Villegas can defend herself against the immigration enforcement.

~snip~
She gave birth several days later while still in custody, and jail officials said she was treated as a medium security inmate — handcuffed and shackled during transport to the hospital and one leg shackled to the bed during a portion of her childbirth.

Read more: http://www.tennessean.com/article/20090226/NEWS01/902260345/1001/NEWS

[DFW]

1. Our Cheney-trained patriots protecting us from pregnant Hispanic Taliban in Tennessee

You gotta wonder if they aren't being paid by Al Qaida to make America look bad, or something.

[Lost in CT]

2. She shouldn't have been shackled while giving childbirth.

(Unless she is a heroine in a Tarentino movie That is clearly over the top.)

She should however be deported.

[Peace Patriot]

6. Oh, for Chrissake! Get a clue. You sound like Tom Delay. nt

[Lost in CT]

8. How do I sound like Tom Deley????

If she is here illegally she should be deported.

I'm not sure where the grey area nuance comes in.

[CreekDog]

12. She's the mother of an American citizen

i think even under your view, she deserves some better treatment than deportation. :eyes:

[Zavulon]

15. She wasn't the mother of a citizen until after childbirth, and was here illegally during it,

We need to remove incentive for pregnant illegals to drop anchor here, not defend those who do so. We can't even afford to take care of those here illegally, so I'm not prepared to listen to the notion that giving birth here makes violation of our laws okay.

I'm for the immediate deportation of anyone here illegally, regardless of how many children they have that are citizens. Enough is enough.

I love the "Tom DeLay" thing from the other poster, too - if you aren't on the side of the poor little illegal, you're Tom DeLay. Hilarious.

[Maat]

21. Bullshit.

When I was working in Social Services, a U.S. citizen grew up here WITH his parents; we weren't SO barbaric as to force the CITIZEN to live in another country if he wanted to be with his parents. Something has changed for the worse.

Sick.

I'm a fifty-year-old Californian who grew up surrounded by Hispanic-Native-Americans (for the vast majority were a mixture of those two ethnicities), and I've never asked any of my friends whether or not they were documented. What a barbaric, holier-than-thou society we have become!

[primavera]

26. It's pretty gross alright

US immigration law was changed many years ago to bar US citizen children from petitioning on behalf of their parents until they reached the age of 18. The concern was that a pregnant immigrant woman need only cross the border, deliver her child, and have an instant basis for permanent residence. The immigration service didn't want to encourage that potential practice, so they instituted the bar to children petitioning on behalf of their parents. But, of course, like any such policy, a lot of innocents get hurt in the process.

[Maat]

29. Thanks for the info.

I'd swear that the change occurred during my social work days.

I disapprove of that new policy (law) wholeheartedly.

As far as I'm concerned, if Mom does give birth here - her AND dad get to stay. I don't care what efforts she made. Anything less makes me a participant in a monstrous, morally reprehensible society. Oh, wait ...

:grr:

[primavera]

36. Yeah, it's kind of an oblique way around constitutional protections

The child born here is a citizen: s/he can't be deported, so the immigration service graciously allows the child to stay, only the parents have to leave. As if there was some way for an infant to take care of itself? By creating this bar to petitioning, the immigration service has found a way to effectively "deport" US citizens, although it can't be called deportation because the US citizen children are "voluntarily" departing (as if they had some alternative), they aren't really being deported.

:grr:

[Maat]

39. Exactly ...

the whole thing sucks.

[AlphaCentauri]

43. Many re-pugs expect those children to fight our wars and deport their parents

when we need them there is some recognition for them otherwise they are second class citizens

Illegal Soldiers
http://weekendamerica.publicradio.org/display/web/2009/01/17/illegal_soldiers/

Deporting Parents of Dead Soldiers is 'Excessive' and 'Harsh' Punishment

http://news.newamericamedia.org/news/view_article.html?article_id=d44dad7d12128d8af634c39e814ca402

U.S. Deports Parents of Dead Soldiers

http://www.alternet.org/rights/61729/

[midnight]

40. This is the most beautiful point. She is the mother of an American!

She deserves better. You are so right.

[silverojo]

49. Better treatment than deportation?

Being that jail time is the only legal alternative, deportation is a pretty good option.

[Dont_Bogart_the_Pretzel]

3. I'm surprised the DHS didn't handcuff the newborn also...

[nodehopper]

4. nono, the newborn is an American citizen!

And thus deserves to be treated humanely.

[Dont_Bogart_the_Pretzel]

9. Looks like these asshats don't know what is to treat anyone humanely.

I bet they wish they could "delayed" the birth.







I know... when the baby wants out, it wants out!

[Thothmes]

11. The aim of the XIV amendment was met the day it was signed

it is time to revise it. JMO. Other than the XIV amendment, why should her child be an American citizen. She is here out side of our laws.

[nodehopper]

47. that's the whole point of jus solis--the status of parents is irrelevant

to the legal standing of the child. I have no problem with it.

[Canuckistanian]

20. Yeah, just like José Padilla

http://en.wikipedia.org/wiki/Jos%C3%A9_Padilla_(prisoner)

[crikkett]

5. Except the newborn's a citizen. She shouldn't be deported.

[Thothmes]

13. The kid is a citizen. She is not. Deport her. She is here in

violation of our law. The child can remain, or go with her if that is what she wants.

[crikkett]

37. YOU are absolutely terrible. Shame on you for supporting the separation of mother and infant - and

especially after the mother was abused.

You're the type that turns around to say that the problems in our society all stem from broken families.

:spank:

[ReliantJ]

42. well

http://economictimes.indiatimes.com/Immigration-Obama-fuel-growth-of-US-hate-groups/articleshow/4198173.cms

[AlphaCentauri]

44. No surprise there

re-pugs had anti immigration propaganda running for a long time, hope democrats act to end it

[readmoreoften]

51. Please report to the lobby. Your grand old party is calling.

[HiFructosePronSyrup]

14. Give the woman amnesty.

Deport the fuckers that want to seperate the mother from the child.

[Peace Patriot]

7. I hope she fleeces them good. Really, $$ millions for pain and suffering.

I hope she gets a "jury of her peers"--PREGNANT WOMEN!

I'm not a violent person, and seldom have violent thoughts, but, when I think of what I went through in childbirth, I could personally strangle every one of those jerkwads who shackled her, during childbirth, and gave her grief during pregnancy, and are harassing her now.

What the fuck are we doing, shackling anybody on immigration issues?! Let alone a pregnant woman giving birth!

What have we become?

[Judi Lynn]

10. It really shows how far from human sensibility politics can take some people.

Reminds one of the spiritual darkness people lived in during the Inquisition, seeing others, perhaps, as supernaturally powerful and evil.

Can't believe people can lose their sense of identification with the human race to this degree to the point someone would even consider lashing her leg to a bed while she went through this ordeal alone, surrounded by people who viewed her as "the enemy."

Are we nuts to hope some attention to this situation will bring some soul searching among those setting policy on dealing with people here illegally? Our right-wing, and particularly hate radio works without tiring to channel excess free-floating right-wing murderous hatred into focusing on immigrants coming here after their own ability to survive has been aborted right in front of their eyes by the death of agriculture in their own country due to the NAFTA, which our own mega food producers won, not only there, in their country (countries), but through U.S. taxpayers' massive subsidies.

If ONLY people took the time to find out what forces are at work, and just WHY so many people have been driven to come here as a LAST RESORT.

Treating this woman like a demon from the depths of hell may make some of our most extreme, ignorant, easily manipulated hate-filled xenophobes, but it poisons our world, and it was so wrong to do to any human being.

[riderinthestorm]

16. I agree. The shackles kept her from... what? Running off?

:wtf:

Anyone going through labor and delivery is focused on that process - shackles wreak havoc on the process (mentally, physically and spiritually).

This must be a male-centric policy. Women KNOW that labor and delivery means that woman isn't going anywhere. Period. You can't run, can't delay the delivery so as to flee, can't escape the pain in order to "remain quiet" while you sneak out (snort!). Nobody wants to deliver their baby alone in the wilderness - that's crazy, paranoid right wing bullshit talk.

Shackles during delivery?!

What utter bullshit all around.

[WriteDown]

18. Actually, that's exactly what happened....

Would not be the first time a prisoner has faked being "sick." Probably the oldest escape trick known to man. Hard to call.

edited to clarify thought.

[FudaFuda]

35. $$ millions is a bit much

She has proper cause of action, and should win. But giving her millions? ... c'mon.

[LanternWaste]

17. Sometimes I think

Sometimes I think our humanity is dramatically lacking, its absence justified by greed and nationalism, our civility deserving little more than the dung heap.

And even on DU there are those advocating that the sins of the mother are the sins of the son. We give up our honor for shame, welcoming the shame and defending it from all its enemies-- foreign and domestic..

[WriteDown]

19. Can you say ANCHOR BABY?

Already deported once and came right back. Sometime we were more like Western Europe in our immigration policies.

[Maat]

22. Well, I don't.

This taxpayer does NOT want her tax money used to separate a U.S. citizen from his or her parents, or to force that U.S. CITIZEN to go live in another country in order to stay with that parent.

To do either one is to render yourself a barbaric, holier-than-thou idiot; and, I, for one, want no part of this monstrous behavior, or anything like it.

[WriteDown]

23. In Germany...

It would not make a difference what you thought. They figured out long ago that you can not have unlimited immigration. Same as Australia. Two absolutely gorgeous countries who are well ahead of us on that curve.

P.S. If you're ever in Germany, stop by a McDonald's. It truly is an eye-opening experience. They are nicer than most "real" restaurants in the US.

[treestar]

25. We had unlimited immigration

And became the richest nation in the world.

[WriteDown]

28. Very different when you have 300 going on 400 million. nt.

[treestar]

32. In the 21st century

It's fine, especially when wealth causes the birth rate to decline.

So those H-1bs are keeping your salary down to 75K?

[WriteDown]

34. So unlimited population growth is a good thing...

Who knew? :eyes: H-1B's don't affect me much. Just look toward any progressive nation in the world and you'll see that a key component is strict immigration control. Its not by accident either.

[AlphaCentauri]

45. so those nations have massive deportations Daly? just wondering n/t

[WriteDown]

48. No...

Try being an illegal Romanian, Hungarian or Turk in Germany. Not pleasant. There's a pretty strong deterrent.

[Maat]

27. Uh, I'm sorry I opened up your reply.

I'm disgusted; I think that I'll take a break now; sad that people are biased against immigrants. They are not responsible for the class separation paining this society now; the ultra-rich (the oligarchs) are.

[treestar]

24. So evil, just like your great great grandmother

My grandmother herself was the "anchor baby." She even got an Irish passport (they are so generous with their citizenship that the first two generations born elsewhere get citizenship).

This is like such a big deal. Meanwhile the capitalists go where they want. If India had open immigration like we once did, they might become as mighty and rich as we did. Before we squandered it on Bush's wars.

[WriteDown]

30. So was mine....

Of course she was born on a tiny reservation in upstate NY/Canada so my anchor may be a tad heavier.

[treestar]

31. Great claim to make on the internet

I had some such ancestors too (another thread told me Native American is now incorrect and i have no idea what term to use) But that's over. And that's over and done, and we wouldn't be the richest nation in the world otherwise.

[WriteDown]

33. Ha....

You can believe what you want. I'm a half-breed though. Only half Akwesasne, but there aren't too many of us left, half or not. Some people get offended at NA and some at American Indian so that is a valid point.

Immigration was "great", when the country was empty, but as the land has been filled and unemployment has skyrocketed, we must at least regulate better.

[primavera]

53. But the land hasn't been filled

The US has one of the lowest population densities on earth. As for unemployment, that is a function of the health of the economy, not the size. There are more populous countries on the planet with lower unemployment rates, because their economies have grown to provide jobs for the additional population. So the cure for unemployment is not reducing the size of the population (by which reasoning, we should all emigrate from the US in order to alleviate the unemployment problem) but rather to improve the health of the economy so that it provides enough jobs.

Mind you, I agree with you up to a point - I don't think that migration should be the preferred method of resolving overpopulation problems. But the two premises you cite as the basis for your conclusion that immigration into the US needs to be more strictly regulated simply don't apply.

[AlphaCentauri]

46. I guess Juana Villegas de la Paz must be a descendant of natives of the Americas

Incas, Mayas, Aztecs, so how she can have an anchor baby in her own continent?

[crikkett]

38. Hear, hear!

[w4rma]

41. She broke the law. They should hand her her immigration file so she can get a fair trial. (nt)

[Judi Lynn]

50. Legislation will protect restrained women

Legislation will protect restrained women
March 1, 2009

It is beyond all comprehension that our state allowed the shackling of a pregnant mother in labor and delivery, as was the case of Juana Villegas de la Paz.

Thankfully, Sen. Jamie Woodson and Rep. Beth Harwell have sponsored a bill (SB1209/HB1437) that will prohibit our correctional institutions from using restraints on a pregnant prisoner or detainee during labor, transport to a medical facility, delivery and post-partum, except in an extraordinary circumstance that dictates restraints to ensure the safety of staff or others.

Their bill specifically prohibits the use of leg or waist restraints on any prisoner or detainee who is in labor or delivery and points out undue health risks to the woman and her pregnancy.

The vast majority of female prisoners are non-violent offenders and pose absolutely little or no threat. The federal Bureau of Prisons, the U.S. Marshall’s Office, the American Correctional Association, the American College of Obstetricians and Gynecologists and the American Public Health Association each oppose restraining women during labor, delivery and post-partum because it could be dangerous to women’s health and well being.'

More:
http://www.tennessean.com/article/20090301/OPINION02/90227062/1007/OPINION

[bushmeister0]

52. Yeah, if she wasn't shackled this could have happened!