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Y! MyWebMary McCarty: Immigration policy forces a painful choice
Sunday, October 05, 2008
Fatiha Elgharib will soon face a decision no mother should have to face.
The Englewood mother is facing deportation to her native Morocco. Should she leave Sami — her 6-year-old son with Down syndrome — to grow up without his mother? Or should she bring the young American citizen back with her to a country where he will have minimal access to medical care and education?
On Nov. 4, Elgharib must appear before immigration officials in Columbus with passports for any of her four children she wants to bring with her to Morocco.
It's a true "Sophie's Choice" that illuminates the human torment of America's immigration debate.
"They're tearing apart a family," said Elgharib's husband, Youssef Hamdi.
It's not only Sami's well-being his parents must consider. Oldest daughters Sara and Tina, both students at Northmont High School, were born in Morocco but have been raised in the United States since childhood. They don't possess a syllable of Arabic or a scintilla of understanding of Moroccan culture and customs. Ten-year-old sister Wafaa Jasmine also is an American citizen who is free to remain in this country.
I first wrote about Elgharib's dilemma in December, shortly after her release from Seneca County Jail in Tiffin, where she spent five months for failing to appear at a court deportation hearing. (Despite the fact that the family has always registered with immigration authorities, the notice was sent to an old address, and Elgharib never received it.)
"They're being punished for playing by the rules," said Denise Hamdi, who is married to Youssef's brother Mohamed. "They entered the country legally and have faithfully reported to INS authorities. If they had flown under the radar and lived here for 10 years, they would now be eligible to apply for their green card."
Concurred the family's attorney, Doug Weigle of Cincinnati: "By obeying the rules and showing up where they were supposed to show up, they got themselves in trouble. It's the kind of situation that's likely to discourage other immigrants from following the law."
Because Hamdi has been in the United States for 10 years, he's eligible for what is called "cancellation of removal" from the country. That means the courts can grant him permanent residency.
But Weigle is running out of legal options to help Elgharib. Her last hope appeared to be a "private bill," introduced by a United States senator or congressman, that allows an immigrant to remain in the country.
Last week the family received a letter from U.S. Sen. Sherrod Brown, D-Ohio, saying he couldn't sponsor a private bill because "my office has established a policy wherein I will introduce a private bill only in the unique case where the individual has no country to which he or she may return ... Until Congress enacts comprehensive immigration reform, there will be many more families who are faced with these extremely difficult situations."
Brown's communications director, Joanna Kuebler called the case compelling and heartbreaking and said Brown has contacted federal immigration authorities about Elgharib's case.
The support from her neighbors and community gives her hope. But Elgharib can hardly sleep at night and can't bear to contemplate her choices — or to make any choices about how many passports, if any, she will bring with her on Nov. 4.
"I just can't think about that," she said. "If I leave them here, they lose their mother. And if I bring them with me, they lose their future."
No mother should have to face such an awful choice.
Not here. Not anywhere.
Contact this reporter at (937) 225-2209 or mmccarty@DaytonDailyNews.com.
