Calvin James was taken by immigration authorities from his basement apartment at dawn. He was the super of his building. His wife Kathy had to step into that job immediately, or else lose her home; and become a single mother to their son Joshua.

Kathy & Joshua have become outspoken activists for the rights of deportee children. Following are the statements they delivered to

Jorge Bustamante, the UN Special Rapporteur (SR) on the Human Rights of Migrants, at a private meeting FFF convened during his trip to NYC in May 2007:

JOSHUA

My name is Joshua. I am 9 years old. My Father was here since he was 12 years old. His mother and sisters and most of his family are still here. The INS took my dad away from me when I was in kindergarten. I miss him very much. They came to my house early in the morning and took him while I was sleeping. My mother told me they took him in his bathrobe. For many nights after they took my dad, I asked my mom when he was coming back. Then I got it. He was deported to Jamaica almost 3 years ago. He was deported because of something he did a long time ago, before the new laws. But they deported him anyway. I miss my dad very much, but the people who took him just don’t care. It is not fair that they took him away. They are leaving families heartbroken. I want them to stop the deportation laws. They should bring my daddy back. And I wish other kids could have their daddies back too. But until then they should at least consider the children before breaking up any more families. Which is why I support the Child Citizen Protection Act. That’s why everybody here should support the Child Citizen Protection Act. That’s why people everywhere should care about families like ours.

Thank you and have a good day.

KATHY

My name is Kathy McArdle and I am a member of Families for Freedom. My partner, Calvin James, was a legal permanent resident of the United States for 33 years. He is a good, honest, hard-working man who took excellent care of his family. Yes, he made some mistakes. But he paid his debt to society eight years before being detained and did everything he could to leave his past behind and resume a law abiding and productive life. He was not a threat to anyone, much less to national security.

Calvin was working at two jobs in addition to being the superintendent of our building at the time of his apprehension on June 2nd, 2004. When the eight armed federal agents arrived at our home at 5am that morning, they probably expected to find him asleep, but he was out in front taking the garbage to the curb. Four of them then proceeded to pound on my door demanding that I open it and give them clothing and shoes for him. I was shocked and terrified. Thankfully, Joshua was not awakened. At that time, Calvin was the sole support of our family and we were forced to go on welfare until I could find adequate employment. I also assumed the responsibilities of the super job despite a severe case of arthritis.

Calvin had few ties left in Jamaica when he arrived and spent the first few nights at the home of relatives of another deportee he had befriended during his transportation from NJ and one night stay in Oakdale, LA. He finally was able to stay with a distant aunt in the countryside in a humble house with no running water or electricity. Although he tried very hard to get a job, this took nearly a year, since he was limited to opportunities which did not require a background check. Having to keep his deportee status a secret is not easy. His mother and I supported him during this time, she from her Social Security check and I from my modest income. Even now, Calvin can cover his basic necessities, but still needs financial assistance in case of any emergencies, such as needing dental work. I know it pains him greatly to have to ask for help. It is a strain on all of us. His mother has a heart condition among other health issues and is heartsick at losing her youngest son this way. It has become more difficult to control her high blood pressure.

But the biggest impact is on our son. Calvin was a positive influence in Joshua’s life and had a warm and joyful rapport with him. This little boy lost his daddy at just the stage when a young child gravitates from the mother’s influence to the father’s. They had many happy outings together, even if it was just to do local errands. Their greatest joy was probably the tickle fights they used to have and just the quiet moments together that can never be duplicated by phone calls. Joshua started to have emotional problems from the time he realized his father wasn’t coming home. It is very difficult for him to accept even minor, everyday disappointments. He has been prone to angry outbursts, especially in that first summer. His school work has suffered because of a lack of focus even though he is highly intelligent, as all the testing has shown. He has been receiving psychological counseling for the past two years, but still exhibits behavior problems at school and at home. This is all the result of his daddy being taken from him. There is no other reason for Joshua not to excel and be the happy, well-adjusted child he was before our family was torn apart.

There are countless stories of even more hardship than my family has known. In a country that claims to uphold family values and justice for all, this deportation system is unconscionable. It is both inhumane and unjust. The lack of judicial discretion in deportation cases eliminates due process for non-citizens. Perhaps if judges were able to consider the entire background of the person before them, my son would still have his father with him and many, many people would not be sentenced to a lifetime of exile for relatively minor crimes. It is grossly unfair to punish people over again for the same crime and punish their innocent family members along with them simply because of their immigration status. This is why I am working for passage of the Child Citizen Protection Act, which will restore discretion to judges in cases where the non-citizens before them have American citizen children. A policy of one blanket punishment for all cases regardless of the circumstances cannot possibly be fair or just. I believe it is time for other nations to begin to take a closer look at the stories of their nationals facing exile from the US before complying so readily with American demands for travel documents. We must hold the US government accountable and restore the true meaning of liberty and justice for all.