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Notes -
Following from @Quantumfreakonomic's post yesterday on the judge who was arrested for trying to sneak an illegal migrant out of a courthouse to avoid ICE, that media storm may be prompting a counterstory on the latest Trump immigration outrage to be outraged about.
Reuters: Two-year-old US citizen appears to have been deported 'with no meaningful process'
New York Times: 2-Year-Old U.S. Citizen Deported ‘With No Meaningful Process,’ Judge Suspects
CBS News: Judge demands answers on whether 2-year-old U.S. citizen was deported to Honduras
Washington Post: Three U.S. citizens, ages 2, 4 and 7, swiftly deported from Louisiana
Rolling Stone: Trump Has Now Deported Multiple U.S. Citizen Children With Cancer
CNN: Federal judge says 2-year-old US citizen was deported with mother to Honduras
Yes, the new scandal for the new week, just in time to replace coverage of the somewhat embarrassing judge from last week, now presents a heroic judge objecting to the deportation of US children. While multiple cases are there, the focus of the current not-at-all coordinate push focuses on the 2-year old from Louisana.
Admittedly, the CNN article did make the mistake of letting the headline reveal some of the possible nuance as to 'why'. Being the only headline to mention 'mother' was what started this little media dive.
The key sequence of events from the CBS article include-
Some of the potentially relevant context, not all of which was in the CBS article, and which different organizations provide different framings for.
On some differences in filings and timings-
CBS
CNN
Washington Post
CBS
CNN and the Washington Post did not raise the legal custody issue raised on Tuesday, which frames later decisions. The Post in particular removes the child from the context of the mother in the plane to Honduras, treating the 2-year-old citizen as the only relevant individual on the plane as opposed to the mother and older sibling.
CBS did raise the custody case, but does not raise the Thursday petition for immediate release that could be understood in the custody decision.
Only CBS raises that the court session sought Thursday afternoon occurs on Friday afternoon. The Washington Post emphasizes the time of the departure flight as before court could open, insinuating without explicitly claiming a motive for the timing of the flight. No context is provided by anyone on what time the flight actually was, what time the court was, or the other normal times of possible flights to Honduras from the local airport are.
Additionally, no media actually characterizes the relationships between mother, father, and sister-in-law. There's no claim that the father and mother are married. Therefore, there is only an insinuation that the 'sister-in-law' is meaningfully related to the mother in a sense that would normally sway custody fights.
On the basis of the child's removal, for sources that did so-
CBS
Washington Post
CNN
Different sources provide different strengths of agency to the mother. CBS only attribute a mother motive via government statement after the fact, and makes no claim of the mother herself expressing an interest. CNN reports that the government claims the mother wrote a note, but does not mention the note itself was included in court submissions. Washington Post notes that there was an actual note attached, but disassociates veracity via 'they say' to open door for doubt.
Only CNN directly addresses a claimed government policy of asking the migrant parent their preference.
On the status of the father-
Washington Post
CNN
CBS News
The Washington Post makes no reference to the legal custody attempt by the father, and thus why ICE might request he present himself to them regardless of immigration status. CNN and CBS do acknowledge the custody shift to the sister-in-law, but do not elaborate why the father could not request custody for himself. CBS alludes that the father's status is 'unclear,' while CNN establishes a threat (custody) but not basis for the threat (possible immigrant status himself).
No media covers the implication of an unverified man requesting custody of a child be revoked from the undisputed mother to another woman of unclear relation.
On the Judge's Comments-
CBS
Washington Post
CNN
Only CNN quotes the opening section of the Judge's sentence and interest. Both CBS and the Washington Post begins their quote after removing the opening clause, creating a stronger statement.
Trump First Term Child Separation Scandal
Human Rights Watch: Trump’s Cruel Separation Policy Has Not Ended
...I kid, that one is from 2018.
No media references, raises, or otherwise brings attention to the criticisms to the first term policy of detaining or deporting adult illegal migrants without their children.
In summary, if it this starts permutating on the interwebs next week-
The two-year-old american citizen case involves
A larger family(?) of non-citizens migrants with a singular birthright-citizenship daughter
The American citizen is/was an archetypical 'anchor baby' context without being called such
More broadly, the headline/surface narratives conflate child deportation with child-custody considerations
Finally- Is there basis for legitimate concern in this scandal?
Yes.
If you thought the lead-up was a the media is totally lying about everything trope, that was deliberate. It was to make a point about why I expect this scandal to hook some and be dismissed by others.
For people who are hawkish on illegal immigration, this case is not your friend. There is a lot of red meat here that could be uncovered- potentially unmarried family unit, a concerned father of uncertain status who in the first minute of establishing contact tries to convey a litigation strategy, child-custody defaults being reversed- but there is a hook that can work against you. And that hook is the disruption of what most people would consider a due process right, even if deportation legalism is different from a criminal court process.
For people upset about ICE and due process, this coverage is also not your friend. The framings- and the not-very-deep undercurrents that go against the framing- will give a basis to dismiss concern as motivated. The children-in-cage's and child-separation critiques are not going to be forgotten. The fact that not separating children from their deported parents is now a basis of criticism is going to undercut criticims of both. The media's rush to present a concerned father is going to run into discrediting disappointing revelations.
But the propaganda doesn't mean there is only propaganda. Even if it's not what the coverage generators wants you to be concerned about, because- again- you need to piece together relevant events not tied together in any single framing.
CBS
Why was Doughty asking for a phone call with the mother?
Washington Post
Why did the Tuesday night phone call with the mother (allegedly) get stopped by ICE after only a minute?
CNN
This is a claim. It is a claim made by someone with an interest in claiming it regardless of whether it is true or not. It is also a valid basis for concern, independent of deportation of the mother or custody decisions of her child.
If true, this would indicate that communication between the woman and potential legal representation was deliberately disrupted. How long it was disrupted is a relevant interest, particularly if other legal advice might have changed her mind of letting her newborn stay with someone else.
This brings relevant questions that may or may not have been precluded.
Is there any legal barrier preventing the 2-year-old US citizen from returning to the US, beyond 'typical' international legal custody issues?
It is not claimed. But then, no major media coverage has expressed interest in that paradigm either.
Frustration.
I disagree. George Floyd wasn't Rosa Parks. The closer the case is to being 50.000001% in favor of ICE the better, because if this deportation is ruled lawful, then this will establish the broadest possible precedent for subsequent deportations. The same applies to popular support/acceptance.
Dangerous gamble because that cuts both ways.
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