Federal immigration authorities separated a pair of Haitian brothers this week at San Francisco International Airport, sending a 19-year-old East Bay college student out of the country and transporting his 9-year-old sibling to a San Diego shelter for unaccompanied minors.
The move drew quick condemnation from a San Francisco lawyer representing the pair and other advocates for immigrants’ rights, who said that the government appeared to be targeting Black immigrants for cruel mistreatment.
In a statement, a U.S. Customs and Border Protection spokesperson said officers at the airport denied admission to the brothers after their arrival Tuesday on a flight from Mexico City.
“During their interview with CBP officers, it was determined the minor had previously been attending elementary school in California on a B-1 tourist visa, violating the terms of that visa, and was intending to resume his schooling, again in violation of his visa,” the spokesperson said.
“His brother presented an F1 student visa, however was missing other required admissibility documentation. The older brother was allowed to withdraw his application for admission, in lieu of an expedited removal,” the statement continued, before saying officials found the minor an “inadmissible unaccompanied alien child” after revoking his tourist visa.
The statement said in part that Immigration and Customs Enforcement (ICE) agents who handle enforcement and removal operations took custody of the child before taking him to a U.S. Department of Health and Human Services’ Office of Refugee Resettlement facility.
“CBP followed policy and procedure for processing of the UAC. … CBP officers acted with professionalism, integrity and in accordance with federal laws and regulations.”
In a follow-up, the spokesperson said the teen departed on a flight to the Dominican Republic via Mexico at 10:40 a.m. local time Tuesday.
But San Francisco Immigrant Legal Defense Collaborative legal director Milli Atkinson decried the government’s version of events Tuesday evening.
“They were denied access to counsel, not allowed to speak with their families, and officials took statements and made decisions to revoke their (tourist and student) visas,” Atkinson said, noting that the 9-year-old became unaccompanied after the older brother’s visa was confiscated “even though he was with a family member and had a visa when he arrived.”
Atkinson identified the brothers as Christian Laporte, 19, a first-year Diablo Valley College student, and Vladimir Fardin, 9.
“They sent him to a shelter facility in San Diego, with no family and no contacts,” she said of Vladimir.
Atkinson added that “The 19-year-old was supposed to start classes today, got put on a flight to the Dominican Republic,” with no communication around flight numbers or other immigration officials’ moves. “A school dean reached out on Monday, the King holiday, to verify his enrollment.”
The pandemic increases concerns for Vladimir’s safety as well, Atkinson said: “Because of COVID-19, putting him in a shelter is putting his health at risk, and he’ll be quarantined and separated for at least the next fourteen days.”
Atkinson took a dim view of officials’ claims that Vladimir tried to enroll in public school: “He meant to visit with family, see what schools were like, and hoped to return and go to school correctly and legally.”
Based in part on her own work with Central American immigrants seeking to cross the Mexican border and her legal colleagues’ experiences advocating on behalf of African and Caribbean immigrants, Atkinson said “there has been some evidence that there’s been a final push by this administration in targeting Black immigrants,” mentioning recent deportations of Cameroonians last fall at American airports. “The CBP is the largest law-enforcement organization in government, and issues existing in criminal justice exist there too.”
Other advocates also weighed in Tuesday.
“This isn’t the first time we’re seeing a disparity in the treatment of Black immigrants versus other demographics,” said African Advocacy Network senior staff attorney Maria Arrine. “For this to happen to young Black children on the eve of MLK day is a stark reminder of the work we have yet to do as a country to tackle the systematic racism and criminalization of the Black immigrant community.”
“CBP denied them access to legal representation, refused to allow them to even speak with their mother, U.S guardian or community support. This cruel and inhumane treatment of these boys is outrageous,” said Haitian Bridge Alliance executive director Guerline Jozef. “We are extremely worried about the trauma and psychological impact this will have on them so we call to reunite the brothers immediately.”
“This is outrageous, inhumane, and unconscionable. And, it is sadly emblematic of the abusive immigration practices under this outgoing Administration,” San Francisco Public Defender Mano Raju said in part in a series of social-media posts. “Change cannot come soon enough. We must demand that they release the boys and reunite the family.”
Atkinson said the brothers’ mother had offered to fly to the United States, buying a plane ticket Tuesday morning before learning of their moves.
“Now we’re working to learn if it is safe for her,” Atkinson said. “She is willing to do so if it helps reunification go more smoothly.”
Immigration officials’ latitude to enforce laws require additional scrutiny and broader, larger systemic changes, Atkinson said.
“It’s important that people stay informed. This is how our system works,” she said. “Even though there’s this specific administration, separation by CBP has a very long history. We want people to be aware of how they are treated when they enter lawfully with documents, as well as those out in the shadows.
“We need Congress to act to create more humane laws, and to hold the new administration to account. They’ve made a lot of promises and have said they will bring in new legislation.”
Contact George Kelly at 408-859-5180.
