Emily Ruiz Reunited with Her Parents – Statement from the family’s attorney

The following is a statement from David M. Sperling, attorney at law, with offices in Central Islip, Huntington Station, and Hempstead.
Mr. Sperling is the Ruiz family’s pro bono attorney.
March 30, 2011, New York — “Emily Ruiz is a 4-year old US Citizen.  Her parents are Guatemalan immigrants living on Long Island.  On March 11, Emily was traveling with her grandfather back to New York from Guatemala when her flight was diverted to Dulles Airport due to weather.

“Despite the fact that the grandfather had a valid visa and the daughter is a U.S. citizen, the Customs and Border Protection officials at Dulles Airport in Washington DC did not allow them to enter the U.S.  They said the grandfather has some problem with his work visa and had to return to Guatemala.  The grandfather subsequently had a panic attack, was taken away by medics, and little Emily was left in the custody of CBP.  Meanwhile, CBP reached out to Emily’s father, Leonel Ruiz.

“According to Emily’s father, Leonel Ruiz, he received two calls from officials.  He was questioned about his name and immigration status, and that of Emily’s mother, and was ultimately told that he could not be reunited with his daughter because of his undocumented status.

“Mr. Ruiz says that he was given two choices—either have his daughter placed in some sort of ‘center’ in Virginia, or have her sent back to Guatemala with her grandfather.  Fearing that placement in a “center” would mean that the little girl would be put up for adoption, the father authorized CBP to return his daughter to Guatemala, who traveled back with the grandfather.

“At no point was Mr. Ruiz told that he and his wife could come to Dulles to pick up their daughter, or make other arrangements for a 3^rd party to pick her up.  He was explicitly told that he was not allowed to come get his own daughter ‘because he was illegal.’

“Mr. Ruiz went to the press to call attention to his plight.  That’s when I learned about the family.  I offered to represent Mr. Ruiz on a pro bono basis.  I decided to fly to Guatemala with two of my staff to bring back Emily and I purchased 3 plane tickets to do just that.  After Leonel took his case public and I took on his case, we received much needed help publicizing this injustice from Univision locally and nationally, from the New York Times, and from columnist Ruben Navarette.  We have received critical support from Representative Steve Israel and his staff from beginning to end.  More recently, we have benefited from help from Jeanne Butterfield, the former Executive Director of AILA; from Ben Monterroso of SEIU, who travelled with us to and from Guatemala; from the folks at America’s Voice; and from Oscar Padilla, the extraordinary Consul General for the government of Guatemala.  Moreover, we have been inspired by the overwhelming support of people across this country, people who know it’s wrong to separate a 4 year old girl from her parents, and it’s in the great can-do spirit of America to make it right.

“So, today is a happy day.  A young family is together once again.  A scared 4 year old is back in the arms of her mother and father.  The tears of joy that we witnessed last night when the family was reunited speak to the love and commitment this family feels for one another.  I am so honored to know this family and to have played a part in bringing them back together.

“But today is also a day to reflect on how such a tragic injustice could have been committed and to commit to making sure it never happens again.  Why did U.S. government officials decide to put the immigration status of the parents above the rights of the parents?  Who did it, and why hasn’t there been an investigation into the who, how and why it happened?  What is the policy of the U.S. government in these situations, and when are we going to get a CBP or a DHS statement that clarifies it?  What kind of mindset prevails at CBP that its officials could decide that sending a 4 year old back thousands of miles away from her nearby parents made sense?  How can this agency operate with such impunity?

“Emily Ruiz is a U.S. citizen, with all the rights and responsibilities that come with it.  She is not a second class citizen, she is a full-fledged citizen.  She doesn’t deserve special treatment, just equal treatment.  And when that does not happen, when the U.S. government treats a citizen as less than a citizen, it should be condemned, it should be investigated and it should make the changes needed to ensure it never happens again.”

For Immediate Release:March 30, 2011
Contact:Maria Ponce, 202.441.7851, mponce@americasvoiceonline.org

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