Skip to main content

Do we want an America that wrecks families?

By Chris Marquardt, Special to CNN
updated 7:52 AM EDT, Thu March 21, 2013
Chris Marquardt says immigration arrests are breaking up families and targeting nonviolent offenders.
Chris Marquardt says immigration arrests are breaking up families and targeting nonviolent offenders.
STORY HIGHLIGHTS
  • Chris Marquardt visited a privately run immigration detention center in Georgia
  • He says it was clear that families with U.S. citizens were broken due to detention process
  • People who commit civil violations are treated as criminals, he says
  • Marquardt: Immigration reform needs to include provisions to protect families

Editor's note: Chris Marquardt is an attorney in Atlanta. He serves on the board of directors of the Latin American Association, a nonprofit that empowers Latinos to achieve their educational, social and economic aspirations.

Atlanta, Georgia (CNN) -- The little girl paused, then answered my questions: "I'm 7." "Second grade." Her hair was in braided pigtails. She wore a fancy dress.

The girl had taken a seat in the folding chair next to mine after guards led another small group into the brightly lit room.

We were in the post-security visitation area of the Stewart Detention Center, a privately run federal immigration facility in south Georgia. Behind us was a plain wall.

Chris Marquardt
Chris Marquardt

In front were five sparse booths, open to the room, offering little privacy. Each booth had a chair and a large black telephone. Thick glass separated the booths from men who milled about on the other side. The men wore different colored jumpsuits: some blue, some orange, some red.

Like the older woman, an aunt perhaps, who accompanied her into the room, the little girl to my right was visibly nervous. This was her first trip to the detention center. I told the girl about my own second-grader in an effort to get her mind off our surroundings. I'm quite certain I failed.

After several minutes, a man in his late 20s sat down on the other side of the glass. He picked up a phone. The little girl walked up, studied another phone for a moment, and carefully raised it to the side of her head. Her greeting was straightforward: "Hi, Daddy." I couldn't hear what her father said in reply. I could see his wistful smile, though, and tears rolling down his cheeks.

* * *

Become a fan of CNNOpinion
Stay up to date on the latest opinion, analysis and conversations through social media. Join us at Facebook/CNNOpinion and follow us @CNNOpinion on Twitter. We welcome your ideas and comments.



Every day, our immigration laws are breaking apart families of many citizens living in the United States.

It's good news that, as a bipartisan group of U.S. senators seeks consensus on a plan for comprehensive immigration reform, one focus is on so-called "family reunification" preferences in our law. The senators are debating whether, and to what extent, our immigration policies should give priority to admitting family members of immigrant citizens -- their spouses, children and siblings -- still living abroad.

But while family reunification is an important consideration, that issue avoids the larger point dramatized at the Stewart Detention Center about the harmful impact of U.S. immigration policy on families already here.

More than 1.5 million unauthorized immigrants have been removed from the United States since President Obama took office in 2009, according to the federal government's statistics. Approximately 410,000 were removed last year alone.

18-year-old fights to stay in U.S.

These numbers present an important question: Who are the immigrants we are deporting? Yes, some are dangerous criminals who need to be arrested, prosecuted and removed through deportation. Living in the United States without legal status does not, however, amount to criminality.

The Supreme Court noted this last year when it wrote, "As a general rule, it is not a crime for a removable alien to remain present in the United States." Overstaying a visa, for example, is a civil violation and not a criminal one.

The offenses that can trigger incarceration at detention centers like the one I visited recently include traffic violations such as driving without a valid license. This may seem like a matter of semantics to some, but incarcerating nonviolent immigrants carries real costs to the country and to the immigrants' family members who are, in many cases, U.S. citizens.

Many present-day immigrants live among us in what researchers call "mixed status" households. Approximately 9 million people live in these modern American families that include both citizens and unauthorized immigrants. The result is that U.S.-citizen family members are frequently left behind when immigrants are deported.

Contrary to popular belief, marriage to a U.S. citizen does not automatically confer legal status on unauthorized immigrants. While marriage can provide a pathway to legal residency, that path is often long and can be overrun with bureaucratic pit stops.

In many instances, our laws require immigrant spouses to return to their home countries and remain there for as long as 10 years before reunification is permitted. These extended bars to re-entry apply, for example, to Mexican nationals who arrived in this country after 2001 without authorization even if they are married to a U.S. citizen. In that way, our current immigration laws give some U.S. citizens a distressing choice: Either extended separation from their immediate families or extended separation from this country.

An emerging bipartisan consensus acknowledges that our immigration laws are broken and need to be reformed, in a comprehensive way, at the federal level.

As Washington tackles this issue, we should acknowledge that reform can benefit more than the immigrants living among us. It can benefit American children who attend school with our kids, American men who share pews at our churches, and American women sitting beside us in office cubicles, by keeping their families together. Done right, immigration reform can strengthen our economy, uphold our values and preserve the family units of many U.S. citizens.

* * *

Before entering the Stewart Detention Center, all visitors must fill out paperwork disclosing their immigration status. I didn't see the form of the little girl I met in the visitation room, of course, or ask the question as we chatted briefly.

Given her family's willingness to bring her inside the barbed wire gates of the facility, however, it's safe to assume that she is a native-born citizen. She's as American as my grandfather, who grew up on Missouri farmland in the early 1900s, and who spoke nothing but German at home until the start of World War I. As American as my four children.

The little girl was among many U.S. citizens who visit family member inmates at the detention center. On the day of my visit, at the other end of the room, a woman in her 40s sat in the corner booth. She saved up gas money and drove more than 300 miles for this chance to have a one-hour visit with her husband. Born and raised in western North Carolina, she lives on land that was owned by her father, and her father's father before him. She met her husband in a thrift store in her hometown. They fell in love.

In the visitation room, the woman held a phone and spoke to her husband in Spanglish with a country twang. What she wanted most that day was the chance to touch his hand, just for a moment, through the glass. That was a chance she didn't get.

Without changes to our federal immigration laws, more husbands and fathers, and wives and mothers, of American citizens will be deported. More American children will be raised outside the presence of a parent's love and financial support. And more Americans -- like the woman I saw pressing the palm of her hand against cold glass in a detention center booth -- may not have the chance to touch their spouses again. At least not in our country. At least not anytime soon.

The current immigration system does not make our nation, or our families, stronger. We can do better. We can reform our immigration laws in a way that brings hardworking people out of the shadows and keeps families together. That is, or at least should be, the American way.

Follow @CNNOpinion on Twitter.

Join us at Facebook/CNNOpinion.

The opinions expressed in this commentary are solely those of Chris Marquardt.

ADVERTISEMENT
Part of complete coverage on
updated 8:20 AM EDT, Thu May 23, 2013
Melissa Brymer says children need special attention to recover from the trauma of the tornado, and parents must be patient and calm
updated 7:38 AM EDT, Thu May 23, 2013
Will Marshall says Tim Cook was grilled about Apple's tax practices but the real culprit is a dysfunctional tax system.
updated 11:49 AM EDT, Thu May 23, 2013
Peter Bergen says there's a great deal of misinformation about the counterterrorism policies President Obama will address in a speech Thursday.
updated 8:47 AM EDT, Wed May 22, 2013
Two decades ago, Joshua Prager was one of more than 20 people in a terrible bus crash. The author revisits the scene to see how others have made sense of the event.
updated 4:20 PM EDT, Wed May 22, 2013
Joshua Wurman says tornado deaths can be reduced, prediction and preparedness can be improved, but it's up to individuals to make sure they heed warnings and have a safe place to go.
updated 10:57 AM EDT, Wed May 22, 2013
Ruben Navarette says under Obama, a record number of immigrants have been deported. So why is his drive for immigration reform now in conflict with enforcement officials?
updated 9:34 AM EDT, Wed May 22, 2013
Nathan Gunter says Okies have learned to love the big sky, but also to watch it carefully for signs of trouble: When the sky betrays us, we cope by helping one another.
updated 9:33 AM EDT, Wed May 22, 2013
LZ Granderson says the heroics of teachers who shielded kids in the Oklahoma tornado remind us of what they do for our country
updated 7:26 AM EDT, Wed May 22, 2013
Tornado researcher Louis Wicker says progress is being made on understanding and predicting extreme storms, but if you hear a warning, take cover immediately
updated 7:29 AM EDT, Tue May 21, 2013
The masked henchmen grabbed three fingers on each of the Syrian political cartoonist's hands and pulled them back all the way -- so far that they cracked.
updated 11:22 AM EDT, Mon May 20, 2013
Meg Urry says loss of the failing, planet-finding Kepler satellite would be huge for NASA--but one way or another, it's a matter of time before we find signs of life on other worlds
updated 12:21 PM EDT, Tue May 21, 2013
Yahoo isn't buying a technology company so much as the community that uses it, Douglas Rushkoff says
updated 11:15 AM EDT, Tue May 21, 2013
Joseph Nye says it's far too early to write off the rest of the president's second term because of the IRS controversy, other issues
updated 7:32 AM EDT, Mon May 20, 2013
Elizabeth Dunn and Michael Norton write that people pass up opportunities to spend their money to avoid disagreeable tasks
updated 9:45 AM EDT, Sun May 19, 2013
Bob Greene on how 18th century Americans tried to make sense of the day with no sun
updated 8:57 PM EDT, Fri May 17, 2013
With guest Rep. Keith Ellison, John Avlon, Margaret Hoover and Dean Obeidallah discuss the president's scandal trifecta, hope for immigration and what Jolie's revelation means for women.
updated 1:09 PM EDT, Fri May 17, 2013
The press has turned on President Obama with a vengeance, writes Howard Kurtz
updated 2:01 PM EDT, Sat May 18, 2013
Donna Brazile says our democracy is endangered, not by the Russians, North Korea, Iran or even terrorists. To quote Pogo: "We have met the enemy and he is us."
updated 1:59 PM EDT, Sat May 18, 2013
Photographer Arne Svenson defends his show "Neighbors," portraits of the occupants of a building near him taken through their windows.
updated 9:37 AM EDT, Mon May 20, 2013
Theater critic Kevin Williamson was kicked out of a play when he took the phone away from an audience member and threw it. He says it was worth it.
updated 10:25 AM EDT, Sat May 18, 2013
U.S. actor Angelina Jolie (L) holds daughter Zahara as husband and actor Brad Pitt (C) carries son Maddox during a stroll on the seafront promenade at the historic Gateway of India outside their hotel in Mumbai on November 12, 2006.
Gil Welch says women must not panic over Angelina Jolie's mastectomies: 99% of women don't carry the BRCA1 gene.
updated 4:52 AM EDT, Sat May 18, 2013
JR's "Inside Out" project brings public spaces alive with giant representations of people
updated 3:22 PM EDT, Fri May 17, 2013
Roger Colinvaux says the IRS scandal is fundamentally about disclosure of donors, not tax-exempt status.
updated 11:14 AM EDT, Thu May 16, 2013
Maia Goodell says the military should use civil legal remedies on sexual assault cases.
ADVERTISEMENT