Things That Matter

This Mother Was Allowed Into The US With Her Daughters But Her Partner And Son Were Forced To Stay In Mexico, Now They’re Suing

Remember their names: Maudy Constanza  and Hanz Morales. They are two Guatemalans who are suing the United States to keep their family together (they have two daughters who are with Constanza in the United States and one son, aged 9, who was returned to Mexico with Morales).

The recent crackdown on undocumented migrants and refugees under the Trump administration has produced all sorts of stories of broken homes, crushed dreams and near impossible survival. Chief among the many controversial steps that the government has taken in the last two years is the set of policies and transnational deals that have led many undocumented migrants to deportation.

The influx of migrants and asylum seekers into the United States comes from all over the world, and people fleeing dangerous situations in places as far as the Middle East or Africa use the southern border as an entry point into the US. However, the spotlight is usually placed on people of Latin American origin, mainly from Mexico and Central American countries that have long faced sectarian violence, social unrest, gangs and armed conflicts that, oftentimes, can be led back to what some critics claim is United States interventionism. Whatever the case is, the truth is that the American continent is experiencing a humanitarian crisis and governments will need to cooperate to ease human suffering and make asylum seeking processes more bearable. 

Most people whose families have been separated by the United States federal government remain silent in their powerlessness. After all, who would legally fight one of the most powerful countries in the world, right? Well, the answer lies in a Guatemalan couple that is actually suing the federal government in an effort to keep the family together. 

Maudy Constanza is an asylum seeker living in Massachusetts, her partner and son were ordered to remain in Mexico so they are suing.

Credit: Jonathan Wiggs / Boston Globe

The lawsuit claims that Trump’s asylum policy violates constitutional due process and does not guarantee equal rights. The suit was filed by the American Civil Liberties Union (ACLU) of Massachusetts in federal court in Boston last week.

The suit reads: “United States law protects asylum seekers like Ms. Constanza, Mr. Morales, and their children. The law forbids sending people to countries where they will be persecuted or tortured, and provides migrants with an opportunity to see an immigration judge before they may be sent to a place where they fear such persecution or torture.”

We have to remember that Guatemala lives unprecedented levels of violence and that the increasing flow of Central American migrants to Mexico has made them vulnerable as many individuals in the host country have perpetrated acts of violence and racism. 

Hanz Morales, Constanza’s partner, was shot four times in his home country of Guatemala, where criminality indexes are surging.

Guatemala is definitely not a safe place for Hanz Morales, and he fears for his life. The couple fled to Mexico with their three young children. They separated before crossing the United States border in July 2019. The Boston Globe details the ordeal that they escaped: “Hanz was a successful small business owner in a town 100 miles or so outside Guatemala City. Last year he witnessed a violent crime, during which he was shot. The family spent a year in hiding trying to evade the individuals who shot him, until they decided to move to the United States and seek asylum.” The rule of law not always holds true in Guatemala and other Latin American countries, so it was flee or die for the family. 

Constanza and her two daughters were allowed to stay in the United States, Morales and their 9-year-old son were sent back to Mexico, where unofficial refugee camps are dangerous and unsanitary.

Credit: Eric Gay / Getty

Morales and his son are among the approximately 50,000 individuals from Spanish-speaking countries that have been sent to Mexico to wait out their migration court process. This puts them in an extremely vulnerable situation and an economy of corrupt officials and lawyers, who take advantage of them, has sprouted in cities such as Reynosa and Matamoros in the state of Tamaulipas.

As Aaron Reichlin-Melnick, policy counsel at the American Immigration Council, told The Boston Globe: “In Matamoros, we now have what’s been called the worst refugee camp in the world.”

As the Associated Press reports, Morales and his son have experienced a hell on Earth while waiting in Mexico: “Morales and his son have survived an attempted kidnapping, struggled to find food and rarely leave their home because of the violent and dangerous conditions near the border, according to the ACLU. The organization wants a federal judge to declare the asylum policy unlawful and allow Morales and his son to await the outcome of their case in the U.S. with the rest of their family.” The ACLU has started similar processes in the Californian cities of San Diego and San Francisco. 

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