Miriam Jordan and Caitlin Dickerson

Now 24, Bueso has participated in several medical studies. She has won awards for her advocacy on behalf of people with rare diseases, appearing before lawmakers in Washington and in Sacramento. Through the years, her parents have paid for the treatment that keeps her alive with private medical insurance.

But last week, Bueso received a letter from the U.S. government notifying her that she must leave the country within 33 days or face deportation. Her doctor, lawyer and mother described the order as tantamount to a “death sentence.”

Without notice, the U.S. Citizenship and Immigration Services eliminated a program this month that had allowed immigrants to avoid deportation while they or their relatives were undergoing lifesaving medical treatment. Called “deferred action,” the program had provided a form of humanitarian relief from deportation for at least 1,000 applicants every year, and was renewable every two years.

The Trump administration also recently eliminated a program that allowed immigration judges to end the deportation cases of others with sympathetic circumstances. Taken together, these changes have made it all but impossible for people who were previously considered safe from deportation to defend themselves if they are picked up by federal immigration authorities, some experts said.

“I have been feeling super scared and overwhelmed,” said Bueso, whose lower body is paralyzed from the disease, an enzyme disorder that inhibits cells from processing sugars. “The treatment that I receive keeps me alive.”

The policy change, which caught immigration officials unawares, is the latest in a series of moves by the Trump administration to revoke or modify procedures that have allowed certain immigrants to remain in the United States. Now thousands — including those with serious medical conditions, crime victims who have helped law enforcement with investigations and caretakers of sick children or relatives — no longer have access to a safety net that has shielded them from deportation.

Over the last two years, major changes to immigration policy have been implemented with little notification given to the federal workers charged with carrying them out, beginning with a travel ban imposed by President Donald Trump in his first weeks in office, and the “zero tolerance” approach that led to family separations last summer.

In explaining the new policy, a spokesman for USCIS said requests for deferred action must now be made to Immigration and Customs Enforcement, the agency responsible for removing people from the country. An ICE official, though, said this week that the department had not been notified of the new position and questioned ICE’s ability to assume the role.

“The decision by USCIS to alter this policy is not something that ICE is prepared to take on,” said the official, speaking on condition of anonymity because of the sensitivity of the information. “This wasn’t discussed with ICE. It’s not a procedure. We had no idea what they were talking about.”

In letters reviewed by The New York Times, Bueso, her family and other “deferred action” applicants have been told that the agency will only consider requests from people who are in the military and that the authorities may “commence removal proceedings” against those who do not leave the country.

“I have been told by USCIS there is no appeal, and nobody has told us how to proceed,” said Martin Lawler, Bueso’s attorney in San Francisco. “She cannot leave the United States. She will die.”

Every week for several years, Bueso has received intravenous infusions of the replacement enzyme that treats her disease, Mucopolysaccharidosis VI, or MPS-6, which causes dwarfism, clouded vision and spinal cord compression, among other abnormalities.

“Stopping this therapy will dramatically shorten her life span,” said Paul Harmatz, the pediatric gastroenterologist who was involved in the original trial and has been treating Bueso since 2003 at the UCSF Benioff Children’s Hospital in Oakland, California.

The new policy may prevent an 8-year-old girl with nerve cancer from participating in an experimental treatment at Memorial Sloan Kettering Cancer Center in New York. Her father, who is in the country illegally, is the only parent who can travel with her because her mother, an American, recently had a stroke that impaired her vision and ability to drive, said Tammy Fox-Isicoff, a Miami immigration lawyer who is representing the family.

Without deferred action, the man cannot legally drive or board an airplane from Miami to New York, where the girl must go each month for the treatment.

Brent Renison, a lawyer, is representing an Indian woman who the government has not permitted to stay in the country, even though she is waiting for a green card, because her husband, the sponsor, died. He said deferred action is “meant to allow for some discretion, to recognize cracks in the law that people fall into, and alleviate humanitarian situations and needless suffering.

“For the administration to take this away means the end of humanitarian relief as we know it,” he said.

In another move unveiled earlier this month by the Trump administration, crime victims who have helped law enforcement authorities with investigations will find it much more difficult to remain in the United States. The special protective visa, known as the U-visa, has a yearslong backlog.

ICE said this week that, unlike under prior administrations, it would no longer heed the advice of visa adjudicators — whose early, preliminary approvals used to qualify immigrants for a temporary “stay,” or pause on their deportation cases, until a final determination could be made. The new policy could affect about 140,000 people currently waiting for U-visas, plus their dependents.

Kenia Martinez of El Salvador, who has been living in the United States since 2004, is among those waiting. She was sent to a detention center in Louisiana this week in preparation for removal from the country, after her application to pause her deportation proceedings was denied. Previously, Martinez, who has two sons, would have been eligible to halt her removal because of her pending application.

In 2014, when Martinez first qualified for the visa, she had fresh bruises and cuts that were noted by police officers who had responded to a call about domestic violence, according to paperwork signed by her local police department supporting her application. She “cooperated fully” with the investigation, said the documents.

Cecelia Friedman Levin, senior policy counsel for ASISTA Immigration Assistance, a group that advocates for victims of physical and sexual abuse and human trafficking, said that the change is counter to the intentions of the bipartisan congressional group that created the U-visa nearly 20 years ago.

“It compromises victims’ safety and it creates a chilling effect on survivors to come forward,” said Friedman Levin.

In Guatemala, doctors told Bueso’s parents that their daughter’s life would be short. When Harmatz learned Bueso had the rare enzyme disorder, he wanted to include her in the medical trial.

“We could not have done the clinical trials” without her, he said. “We were struggling to find patients.”

The “dramatic breakthrough” that came from the trial has helped people with the disease live longer than 30 years, he said. Before the drug, they rarely survived past 20.

It has been 16 years since Bueso began receiving weekly four- to six-hour infusions of the drug, Naglazyme, at the hospital. She has built a productive life despite the crippling disease.

Last year, she graduated summa cum laude from California State University, East Bay, where she worked with the school to start a scholarship for students with rare diseases. She has traveled and made presentations to lawmakers on behalf of people with rare diseases.

Her family lives in a tidy house in a middle-class neighborhood in Concord, California, which her parents bought and renovated to accommodate their daughter’s wheelchair. They did not expect to leave the country, having won permission to stay every time they reapplied for an extension.

When Lawler, the family’s lawyer, told them about the government’s decision last week, Bueso began to shake uncontrollably.

“We were crying with the nurses, doctors, everyone,” said her mother, Karla Bueso. “Without her treatment, it’s like a death sentence. It has been hard to process.”

Neither the drug nor the medical care that she requires is available in Guatemala. Without the drug, her health is expected to quickly deteriorate. Her breathing could become belabored; she could suffer cardiac arrest and become susceptible to infections.

“We have watched her grow up and mature, and become a responsible young adult, a leader advocating nationally,” said Harmatz. “If you take it away, it will be a rapid return to her previous state. Death would be the outcome.”

This article originally appeared in

Sick Migrants Undergoing Lifesaving Care Can Now Be Deported

LOS ANGELES — Maria Isabel Bueso was 7 years old when she came to the United States from Guatemala at the invitation of doctors who were conducting a clinical trial for the treatment of her rare, disfiguring genetic disease. The trial was short on participants, and thanks to her enrollment, the Federal Drug Administration eventually approved a medication for the condition that has increased survival by more than a decade.

The latest data reported to the federal judge monitoring one of the most controversial of President Donald Trump’s immigration policies shows that 245 children have been removed from their families since the court ordered the government to halt routine separations under last spring’s “zero tolerance” border enforcement policy. Some of the new separations are being undertaken with no clear documentation to help track the children’s whereabouts.

The recent separations have occurred largely because parents have been flagged for fraud, a communicable disease or past criminal history — in some cases relatively minor violations that ordinarily would not lead to the loss of parental custody.

In Congress last week, Democrats grilled Kirstjen Nielsen, the Homeland Security secretary, over the separation policy, citing research that has found that separations from parents can inflict long-term psychological harm on children.

Customs and Border Protection officials say the separations are legal under the parameters set by the court and are intended to protect children, who they say may be threatened by human trafficking or by adults pretending to be a parent to capitalize on the advantage that gives them under U.S. immigration laws.

But opposition to the new separations has been growing from outside and inside the federal government. At the Health and Human Services Department’s Office of Refugee Resettlement, which oversees the care of separated children until they can be reunited with their families, some officials have tried to resist receiving children referred to the agency by the Border Patrol.

According to an official who spoke on the condition of anonymity, staff members have in some cases raised questions with Border Patrol agents about separations with what appear to be little or no justification. In some of those cases, border agents have refused to provide additional information, the official said, or if additional documents were provided, they were sometimes redacted to the point of illegibility.

The failure to keep accurate records suggests that more children could have been separated than the 245 accounted for by Feb. 20 in official records.

This article originally appeared in <a href="https://www.nytimes.com/2019/03/09/us/migrant-family-separations-border.html" id="6e734fcb-7f45-3b76-abe6-73fcaef3a4bb">The New York Times</a>.

OAKLAND, Calif. — Nearly nine months after the Trump administration rescinded its policy of separating migrant families who have illegally crossed the border, more than 200 migrant children have been taken from parents and other relatives and placed in institutional care, with some spending months in shelters and foster homes thousands of miles away from their parents.

Hundreds of Migrant Children Are Taken From Families Despite Rollback of Separation Policy

Images of crying mothers and children at the border last year prompted an intense backlash across party lines, with all four living former first ladies and Melania Trump expressing horror at the policy. But despite Trump’s June 20 executive order rescinding it, the practice was never completely suspended.

Under the original policy, most children were removed because parents who illegally crossed the border were subject to criminal prosecution. The recent separations have occurred largely because parents have been flagged for fraud, a communicable disease or past criminal history — in some cases relatively minor violations, years in the past, that ordinarily would not lead to the loss of parental custody.

The new separations are taking place amid an unprecedented influx of migrant families from across the southern border that has highlighted the failure of the Trump administration’s hard-line policies to deter them. The Border Patrol detained 76,103 migrants in February, an 11-year high for that month. Among those intercepted were about 40,000 members of families, two-thirds more than in January.

Family separations also sometimes occurred under the Obama administration, but only rarely and in extreme cases in which a child’s safety appeared to be at risk.

“CBP does not declare that a parent poses danger to a child arbitrarily or without merit,” the agency said in a statement. It said agents “will maintain family unity to the greatest extent operationally feasible,” separating children only in the presence of “a legal requirement” set out in written policy or “an articulable safety or security concern that requires separation.”

But opposition to the new separations has been growing from both outside and inside the federal government. At the Health and Human Services Department’s Office of Refugee Resettlement, which oversees the care of separated children until they can be reunited with their families, some officials have tried to resist receiving children referred to the agency by the Border Patrol.

According to an official who was not authorized to discuss government business and spoke on the condition of anonymity, staff members have in some cases raised questions with Border Patrol agents about separations with what appear to be little or no justification. In some of those cases, border agents have refused to provide additional information, the official said, or if additional documents were provided, they were sometimes redacted to the point of illegibility.

The official, along with another staff member at the Department of Homeland Security, the Border Patrol’s parent agency, said some separations were occurring with no formal notification to the refugee resettlement office. Both officials said they had been made aware of concerns about an apparent inconsistency in standards applied by border agents when determining whether a family should be separated.

The New York Times reviewed several cases of children who have been separated since the policy was officially ended, and learned of many others through the lawyers who handled them. Some of the new separations, the review showed, occurred in families with a parent who had a drunken-driving conviction in the past, or a 20-year-old nonviolent robbery conviction. In one case, a parent had been convicted of possession of a small amount of marijuana.

Donna Abbott, vice president for refugee and immigrant services at Bethany Christian Services, a contractor that accommodates migrant children in temporary foster homes until they can be reunited with family members, said most cases of family separations do not list detailed reasons, making it difficult to evaluate whether they were appropriate.

For example, some files state only that the parent was suspected of having gang affiliations or a criminal history, without additional information. “Is it trespassing or is it murder?” Abbott said.

In December, a mother traveling from El Salvador with her three children was arrested and put on a bus to an immigration detention facility in Arizona while her children, ages 5, 8 and 15, were sent to foster care in New York.

The woman, Deisy Ramirez, 38, said it was nearly six weeks before she talked to her children.

They were “devastated,” said Ramirez’s sister, Silvia Ramirez, who was trying to persuade the government to allow her to take the children to live with her in Seattle while her sister was in custody. “They couldn’t understand why they were separated,” she said.

On March 1, Deisy Ramirez’s eldest daughter was transferred to a hospital after threatening to take her own life, Silvia Ramirez said, and she remained there even after her mother’s release from detention last week.

“I never imagined this could happen,” Deisy Ramirez said Friday, her voice breaking. “All I want is to hold my children and to be with them.”

Her lawyer, Ricardo de Anda, said he had received no response to his formal request for a reason for the separation. He suspects it may be connected to the fact that Deisy Ramirez had been deported from the United States more than a decade ago. He sent government lawyers a series of emails, ultimately securing her release.

On Saturday, the day after her release from the Arizona detention facility, Deisy Ramirez was preparing to fly to New York to reunite with her children.

Border agents removed 3-year-old Ashley Ramos from her father after they were detained last month in Arizona. He was swiftly deported to Guatemala and the girl was sent to a shelter.

The child’s mother, Silvia Maribel Ramos, who had been separated from the pair during their journey from Guatemala when Mexican police pulled her and other migrants off their bus for questioning, arrived in Arizona a few days later, only to learn from authorities that her child was gone.

“They told me they had no idea where she was, that I would find out after being released,” said Ramos, who is staying with relatives in Oakland, California.

The child was located nearly two weeks later, she said, after her husband contacted Guatemalan authorities back home. Now Ramos is struggling with the paperwork required to recover Ashley. “My daughter can’t understand. She just weeps and begs to be with us,” she said.

In late January, Victor Antonio Marin was separated from his 4-year-old son, whose mother is deceased, after they were detained near Calexico, California. According to his lawyer, Bob Boyce, Marin had a 20-year-old nonviolent robbery conviction in the United States that did not involve the use of a weapon. He served time and was deported back to El Salvador.

Now Marin remains locked up in an immigration detention center while his child is in a shelter in Texas.

Ruben Garcia, who runs a network of migrant shelters in El Paso, Texas, said that immigration authorities this month dropped off a distraught 18-year-old woman from Guatemala.

The woman said she had given birth less than a week earlier and had been separated from her baby. Child welfare authorities had come to the hospital to take the child, who was a U.S. citizen; immigration agents took the mother back to a detention cell where she waited for several days. The baby’s first two weeks were spent away from the mother, who finally regained custody after interventions from multiple legal-aid groups, Garcia said.

Since Trump ended the family separations under “zero tolerance” on June 20, about 2,700 children have been reunited with their parents. Still, thousands more children who were separated before the policy officially went into effect have not been accounted for, according to the Office of the Inspector General of the Department of Health and Human Services. The investigators cited the lack of an efficient tracking system.

The American Civil Liberties Union requested that the government locate the families, and on Friday, Judge Dana M. Sabraw ruled that they should be included in the pending litigation over protecting and reuniting separated families.

“The hallmark of a civilized society is measured by how it treats its people and those within its borders,” the judge wrote in his opinion.

Some families affected by the earlier zero-tolerance separations continue to face repercussions.

A 9-year-old Guatemalan boy named Byron Xol has been shuffled among four shelters since he was dragged away from his father at the border nine months ago, while the policy was still in place.

After his father was deported to Guatemala, the boy’s parents decided that the child should remain in the United States for safety reasons. With the help of a lawyer, they designated an American family in Buda, Texas, to care for him.

But authorities have refused to allow Byron to join the family, citing an anti-trafficking policy that bars a child from being released to a nonrelative sponsor unless the sponsor has a verifiable relationship with the child going back at least a year.

Detentions and deportation proceedings have also resulted in family separations far from the border.

Christy Swatzell, an immigration lawyer in Memphis, said two of her clients who crossed the border without authorization and were released to await the outcome of their cases were told by Immigration and Customs Enforcement to leave their children at home ahead of their monthly check-in with the agency. When they showed up at the ICE office, they were detained and transferred to an immigration facility in Louisiana.

One of the clients, Francisca Yanes, 33, is the mother of a 6-year-old girl who is physically disabled. “I was in tears, telling them about my daughter. But it didn’t matter,” said Yanes, whose child, Paola, remained in the care of family members for the entire 45 days she was in detention.

The Guatemalan migrant was released on a $7,500 bond set by the court after her lawyer filed a motion on her behalf. “What we are seeing is that families are being effectively separated,” Swatzell said. “Just not at the border anymore.”

OAKLAND, Calif. — Nearly nine months after the Trump administration officially rescinded its policy of separating migrant families who have illegally crossed the border, more than 200 migrant children have been taken from parents and other relatives and placed in institutional care, with some spending months in shelters and foster homes thousands of miles away from their parents.

<h1>The sight of an unmarked vehicle with tinted windows idling a few days ago near her business in a Latino enclave of New Orleans unsettled Claudia, an unauthorized immigrant from Honduras. Agents from Immigration and Customs Enforcement had been parking in the community lately, her neighbors said, and everyone was wondering what they were up to.</h1>

“If it was the ‘Migra,’ like everyone figured, I wondered if me and my daughters could be targeted,” said Claudia, a mother of two who has lived in the United States for the past five years. The answer came Tuesday, she said, when she awoke to news that President Donald Trump had vowed on Twitter to begin the mass deportation of families like hers.

Since crossing the border in 2014 and seeking asylum, Claudia had made enough money working as a housekeeper to open a small eatery, where she serves traditional Honduran Garifuna dishes infused with coconut milk, cassava and plantains. But along the way she missed a court date, she said, which means that a judge has issued a deportation order for her entire family.

“Right now, I’m really afraid,” said Claudia, who asked that her last name be withheld because she is hoping not to be found.

In a Monday night post on Twitter, the president pledged to deport “millions” in the latest attempt to crack down on those in the country illegally. His aim appears to include, for the first time, families who have entered the country and either failed to show up for immigration court or defied orders of deportation.

The threat caught immigration officials off guard. Though enforcement agents had indeed been preparing to target immigrant families, no major operations had been scheduled to begin next week. But in immigrant communities across the country Tuesday, there was nonetheless a growing sense of unease. Many families who arrived in recent years have already found jobs and enrolled their children in school, and the prospect of door-to-door raids, now widely publicized on Spanish-language media, has jangled nerves.

“It’s been a very scary environment for a lot of people. Now it’s even worse with what Trump just tweeted,” said Annika Mengisen, an immigration lawyer in New Orleans who is planning to hold “know-your-rights” presentations to help immigrants respond to enforcement actions.

Particularly intimidating is the prospect of children being apprehended alongside their parents. Generally, Immigration and Customs Enforcement has not arrested children when it has conducted operations in residential areas. “In my experience, I have never seen entire families swept up. For me, I have seen mostly adults targeted at their workplaces and at traffic stops,” Mengisen said.

ICE typically carries out raids by surprise, after months of planning. The president’s decision to announce them on Twitter prompted some to see them as a political gesture, especially before his campaign launch for the 2020 presidential race Tuesday night in Florida. But in most quarters, the tweet generated deep concern.

“We are taking this latest tweet extremely seriously. It’s not clear whether recent raids were a prelude to a larger operation,” said Thomas Kennedy, political director of the Florida Immigrant Coalition.

In recent weeks, the immigration agency has been stepping up arrests in immigrant-heavy neighborhoods outside Atlanta, in southern Florida and several Midwestern states.

“People are worried. They know this could be big,” said Mario Guevara, a senior immigration reporter for Mundo Hispanico in Atlanta who spoke to about two dozen immigrants Tuesday after the president’s tweet.

Home to a large population of unauthorized immigrants, fast-growing Atlanta has been a popular destination for migrant families that began arriving in large numbers in 2014.

Latino immigrants are already facing stepped-up deportations because local police and sheriffs departments have been cooperating with immigration agents to help identify and detain unauthorized immigrants, Guevara said, adding that some families were considering moving to more immigrant-friendly states.

Julio Moreno, an immigration lawyer in Tucker, Georgia, near Atlanta, said his phones began ringing Tuesday with clients concerned about arrest if Trump makes good on his threat.

Moreno said he was skeptical that mass raids could take place anytime soon in Georgia, because the state’s immigration detention facilities were already near capacity — as are most immigration facilities across the country. Still, he was advising his clients to be cautious, offering them the same advice he has been giving since Trump took office and immigration arrests began to spike, especially in Atlanta.

“We’re still recommending that they meet with an attorney to see if they have any options to legalize their status here,” he said.

If not, he tells people, they should prepare for the worst.

“You always want to make sure you have evidence of how long you’ve been here,” he said. “If you’ve ever been arrested for any reason, have a copy of the convictions. Have the birth certificates for your kids. Have marriage certificates, divorce decrees. Have all your legal documents in order just in case something like this were to happen.”

“It will be much easier for an attorney to come in and help you out,” he added.

He also told clients to save some money in case they have to pay to bail themselves out of immigration detention.

The Trump administration has yet to surpass the number of deportations carried out under the Obama administration, which set the record for any single year in 2012, when it removed 409,849 foreigners. After criticism from advocates who derided him for unleashing an overly harsh approach, deportations declined significantly in the later years of Barack Obama’s presidency.

The Trump administration has said the strain on resources caused by increasing border crossings and overcrowded detention centers in the interior of the country are responsible for its inability to conduct more deportations. The administration deported 256,000, a 17% increase from the year prior, though deportations dropped slightly at the end of 2018, to 11,178 in December.

One difference is that federal authorities under Trump have been more likely to arrest unauthorized people without criminal records. The Obama administration directed authorities to consider factors like community ties or possible hardship that other family members would face when deciding whether to deport someone. Those arguments have rarely compelled immigration prosecutors to grant reprieves under the current administration, which has made clear that anyone in the country unlawfully is fair game.

“The collateral damage is out of control,” said Jeremy McKinney, an immigration defense lawyer with several offices in North Carolina. He said that lawyers in his office were aware of some asylum-seekers from Central America being arrested recently by ICE agents, but that the majority of those who had been picked up seemed to have merely been “in the wrong place at the wrong time.”

One of his clients, he said, was taking out the trash from his house recently when ICE agents approached and asked for his immigration papers. The man was detained because he did not have legal status, even though he had been cooperating with federal authorities as a witness in a human trafficking case, which has historically been a way to avoid deportation.

“Over and over, the people facing removal largely do not have criminal histories and have extensive family or community ties,” McKinney said.

In Fort Lauderdale, Florida, a Peruvian immigrant who had been in the United States for three decades, was detained in late February during a regular check-in with ICE — a requirement imposed after he lost his asylum case years ago.

The man, Walter Gozzer-Sing, the father of two U.S. citizens, had not been considered a priority for deportation until Trump took office, said his wife, Lili Montalvan. He was deported to Peru less than a month after being detained, she said, having spent the better part of his life in the United States.

Montalvan said she was renting rooms in her house now to make the mortgage payments on their home.

Several lawyers and immigrant advocates said they were mobilizing to advise clients of their legal rights if they encounter immigration agents in a raid.

The American Civil Liberties Union was promoting on social media its own know-your-rights tool, which is available in 14 languages and guides users through a variety of scenarios, such as when “Police or ICE are at my home” or “Law enforcement asks about my immigration status.”

Know-your-rights presentations were planned in California and other states in the coming weeks to remind people of their right to refuse entry to ICE officers who do not have a search warrant, as well as their right to remain silent if they encounter an officer on the street.

The materials and training sessions said that those who have already been arrested have the right to speak to a lawyer — though the government is not required to provide one — and to tell immigration officers if they fear torture or persecution in their home country in order to invoke their right to apply for asylum.

United We Dream, an organization led by unauthorized youths, was planning new efforts to publicize its 24-hour Migrawatch Hotline, which encourages immigrants to report enforcement activity in their areas. It has also developed an app, Notifica, which immigrants who are approached by federal agents can use to quickly notify relatives and friends. The tool automatically includes location data.

“We’re telling our community facing Trump’s threats, ‘Do not panic. We have tools to empower you,’” said LuzHilda Campos, manager of the organization’s deportation defense program.

This article originally appeared in <a href="https://www.nytimes.com/2019/06/18/us/immigration-raids-fear-families.html" target="_blank">The New York Times</a>.

As Trump threatens deportations, immigrant communities brace for new arrests

“Right now, I’m really afraid,” said Claudia, who asked that her last name be withheld because she is hoping not to be found.

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Miriam Jordan and Caitlin Dickerson

Articles written by the author

Sick Migrants Undergoing Lifesaving Care Can Now Be Deported

Hundreds of Migrant Children Are Taken From Families Despite Rollback of Separation Policy

Hundreds of Migrant Children Are Taken From Families Despite Rollback of Separation Policy

As Trump threatens deportations, immigrant communities brace for new arrests