Mama Laura, 85 years old, almost passed out while testifying on the witness stand. Her son Benito has been her caregiver for the last ten years and the US Department of Homeland Security wants him deported. All of Mama Laura’s children are in the US, but only Benito is facing deportation proceedings. He entered with an assumed name and was found to have committed fraud and misrepresentation. This initially resulted in the denial of the petition filed by Mama Laura.
Before that hearing, Mama Laura was just quiet and was informed that the chances of her son winning the case would not be good. Benito has no immediate family in the US except his mother; and, he was not able to establish enough equity because he spent the last decade taking care of his mom.
Mama Laura suffers from diabetes and requires regular treatment. She needs her medical insurance in order to sustain the cost of her medical treatment. If she goes back to Manila, she will lose her medical insurance and will not be able to afford the high cost of medical treatment.
While Benito was testifying in court in his defense, Mama Laura was weeping and praying with her rosary in her hands. When it was her turn to testify as a witness, she suddenly burst into tears as she was pleading for compassion and mercy not to deport her son. She explained that if Benito were ordered deported to the Philippines, she would go with him. As the sight of an 85-year old mother weeping in the witness stand became a deplorable sight, Benito suddenly screamed from where he was seated. He panicked and yelled for his Mom to step down the witness stand. He blamed himself for making her mother feel that way. He exhibited remorse for entering the US with an assumed name and asked the Judge to just render a decision. The immigration judge called for a recess until all the parties calmed down. Later on the case proceeded and Mama Laura insisted that she continue her testimony. She said, “I cannot afford to be without my child by my side when I die. I may have my other children with me but knowing that I have one child who is alone in the Philippines will be unbearable for me. If this court orders my son deported, and since I cannot bear to live without one of my children away from me, I shall be deported with him.” The judge eventually rendered a decision dismissing the deportation proceedings and allowing Benito the chance to stay in the US. Two months later, Mama Laura died peacefully.
In another case of a mother-witness in court, Alma forced herself out of her hospital bed to testify on behalf of her spouse who is in deportation proceedings. They have been married for ten years and they have one daughter Cherry. Their only child suffers from autism. Since Alma suffers from a debilitating disease and was given only a few months to live, she was fearful that her spouse would be sent back to the Philippines. She was wheeled to court. She testified emotionally to plead for mercy not to deport her husband for the sake of their only child. Alma courageously took the stand despite her fragile state to beg the court to give her husband a chance to stay in the US for the sake of their minor child.
In another seemingly simple case of marriage of a US citizen spouse and a foreign national, it was surprising to see an 89-year old mother go to court with his adult married son. The adult married son, Johnny, is a 55 year old Filipino national who is married to Sofia who is 60 years old. They had a good marital relationship until lately when they started quarrelling. Sofia then refused to proceed with the petition of Johnny resulting in the latter being put in deportation proceedings. During Johnny’s hearing, Sofia was present as they had already reconciled. Mommy Elena who is 89 years old and who was in a wheel chair also went to court. She was told that her presence was not needed as this was a straightforward case of a petition by a US citizen spouse. When asked why she was there, she cried and directed her attention to Sofia. She wanted to make sure that Sofia, this time, would not fail her son Johnny. Outside the courtroom Mommy Elena was weeping and admonishing Sofia to maintain her affection for Johnny. It was her wish that before she passed away, Johnny’s immigration status would be legalized.
The physical separation of parents from their adult children is part of the growth of the family. But when physical separation is forced through removal or deportation, the impact is severely distressing to family members and most especially to a mother. Not much convincing is required for mothers to give whatever help is needed during these times. Most would voluntarily extend their hand without being asked.
It is very amazing to witness warrior moms, especially those in their twilight years, who brave the legal storms in courtrooms in order to give defense to their children. The mothers of all these immigrants in distressed situations all manifested the extent of their love for their children. But mothers deserve our love too. Mother’s day should not just be once a year. It should be an everyday homage to the person who matters most to us. Happy Mother’s Day to my Mommy Nor and to all the courageous mothers who have sacrificed, fought for and continue to protect their children.
(Tancinco may be reached at law@tancinco.com or at 02 887 7177 or 02 721 1963)
