by David Morales
Maybe some of you are aware, thanks to an article published Monday, August 4, in the Tennessean, of the plight of Juana Villegas, an undocumented Mexican national that was pulled over on July 3 for a minor traffic violation in the city of Berry Hill. Berry Hill is a small "satellite" city within Metropolitan Nashville-Davidson County and has its own police force. Because Mrs. Villegas did not have a license, the officer kept her there with her three children for an hour until a relative arrived to drive the vehicle home.
At that moment, the officer arrested her. He told her that she had "two seconds to say goodbye to her children", arrested her in front of them, and then delivered her to the Sheriff's office, where she was researched and found to be undocumented, at which time an immigration hold was placed on her.
Sadly, the story is typical of what has been happening since May of last year, during which time more than 3,500 foreign nationals have been processed by the Sheriff's department for deportation, mostly for minor offenses. What has made this case unique, and at this point, a national and international story, is that she was 9 months pregnant and 3 day from delivery. The Berry Hill officer, Sgt. Tim Coleman, was aware of this fact, and even though she presented her vehicle registration and a consular ID from the Mexican government, he decided to arrest her, instead of citing her. According to Chief Serpas, the guidelines for Metro police are that proof of ID such as what Mrs. Villegas presented is sufficient to issue a citation and not arrest the person. Metro Police Department was also very quick to issue a statement that they are in no way related to the Berry Hill Police Department.
Also aware that Mrs Vallegas was pregnant was the Sheriff's office. Nevertheless, she was held in detention due to her immigration status, even though the policy of the Immigration and Customs Enforcement (ICE) is, for humanitarian reasons, not to detain people in her situation, but rather cite them for immigration proceedings.
Mrs. Villegas water broke on July 5, around 10:00 PM, and she was taken about an hour later to Nashville General Hospital. There, she was forced to undress in front of the deputy (a male) and was shackled by the arm and the leg until the delivery started. Soon after delivery, she was shackled again, and spent the rest of her recovery time at the hospital like this. Even to use the toilet and clean up, she was shackled from both ankles. She was not allowed to speak to her husband and the room phone was disconnected. Her husband was not informed of the birth, and only found out when he was told to come and pick up the baby, because the mother was being taken back to jail. He was not allowed to see her, even at this moment.
At this time, about to head back to jail and separated from her child, the nurses at Nashville General gave her a breast pump, but the deputies did not allow her to use it or take it. Throughout the ordeal, nurses felt so helpless about the situation that they repeatedly found themselves in tears. She was returned to a shared cell, where her pleas for pain medication were ignored. (Those who know say that engorged breasts are horrendously painful.) She developed a breast infection, while her child, separated from her, became jaundiced due to a very high bilirubin level of 14. In layman terms, the baby's liver was failing, due to the lack of her mother's milk. Mrs. Villegas was finally released eight days after her detention, at 3:00 AM, as soon as ICE took over her custody from the Sheriff. ICE released her for humanitarian reasons, although she currently remains in deportation proceedings.
Sgt. Coleman never told Mrs. Villegas why she was pulled over. His report only states "careless driving", without giving details, and she was not even charged for that. Neither Sgt. Coleman nor the Sheriff's office notified her of her rights, and specifically of her right to speak to her consulate, a right guaranteed under international treaties the United States has signed. Berry Hill's police chief, Robert Bennett, has stated that his officer "followed proper procedure". Ditto the Sheriff's department,which added that what Mrs. Villegas went through is standard procedure for all women in her situation that are in their custody.
It is a huge mistake to allow state and local law enforcement to get involved in immigration issues. The Sheriff has been exercising his immigration authority since April of last year under the 287(g) program. The results, we are now seeing, are abuses like this, committed against vulnerable people that have not committed a crime, but a misdemeanor. Nothing justifies the torture Mrs. Villegas and her baby suffered. We are supposed to be a country of laws and a country that does not torture. Mrs. Villegas human rights were violated and she and her baby were subject to torture that put their health in danger.
If you feel as outraged as I and everybody in the immigrant community does, please contact the Sheriff's office, Mayor Dean's office and Representative Cooper's office. They all bear the responsibility for this situation. Please ask them to start applying the 287(g) program for what it was intended (and for what Sheriff Hall promised when he was seeking approval for the program), catching felons and dangerous criminals. As he has been applying it, it has been a huge dragnet that makes no distinction between people that are only guilty of the misdemeanor infraction of "unlawful presence" and the dangerous criminals the program was supposed to help deport. So far, very few of these dangerous criminals have been caught, and thousands of people that have not committed a crime, including more than 1,500 very legal immigrants, have fallen in its grip.
David Morales is the most talented translator and interpreter in Nashville, often called upon to translate technical, medical, and legal documents. He is a also a part-time housing counselor with the Woodbine Community Organization, serving our Spanish speaking clients. Rod
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