Durham Judge David Q. LaBarre recently ordered a second trial over whether or not a twelve-year-old Hispanic boy should be forced to travel, against his will, to Colombia, South America. The judge will decide whether or not Alejandro Ramirez will be forced to visit relatives there. Alejandro is an unconditional Lawful Permanent Resident of the U.S. He has a “green card” issued by the U.S. Department of Homeland Security. He will become a full-fledged U.S. citizen a few months from now.
Alejandro’s relatives in Colombia have threatened to keep him there if he visits them. The boy has made it known in both newspaper interviews and on television that he doesn’t want to travel to Colombia because it is too dangerous for him. He has lived in the U.S. with his mother, stepfather, and grandmother for the last six years. He is a honors student at the James E. Shepard Magnet School in Durham.
There is an official U.S. State Department Travel Warning in effect for Colombia. Kidnapping, narco-terrorism and lawlessness are rampant there. Kidnappings for ransom are common in Colombia. Both guerilla armies and common criminals use kidnapping as a major source of income. The kidnappers often kill their victims and then ransom the dead bodies of their victims back to their families.
Two law enforcement experts, an FBI agent stationed in Colombia and a colonel from the Colombian army and DAS (Colombian FBI), have testified that travel to Colombia would be life-threatening for Alejandro. The case has received media attention in Colombia, making Alejandro known to the many kidnappers there. Despite this expert testimony and the official U.S. government Warning, LaBarre has ordered another trial over whether or not Alejandro should be recklessly endangered by being forced to travel to Colombia. LaBarre also ruled that the official U.S. government Warning and Alejandro’s green card are not “objective evidence.”
Last August, a very expensive and tumultuous big show trial was held in the Durham court over the issue of forced travel to Colombia. A previous judge on the case, Craig B. Brown, publicly announced his intention midway through the trial to force Alejandro out of the U.S.
Brown made his decision known before the trial was finished and without hearing all of the testimony. He made his decision public in the course of an interview published in the Durham Herald-Sun newspaper. This was the first publicity the case received. Subsequently, Brown retreated from his decision and resigned from the case. He felt the sting of mounting public criticism of his handling of the case and of his decision. He was also informed of an investigation by the NC State Bureau of Investigation that was ordered by the Judicial Standards Commission.
Alejandro’s mother, Claudia P. Krehbiel, filed suit in late April in federal court against LaBarre, Roy Cooper (NC Attorney General) and other state officials. The federal lawsuit seeks a permanent injunction prohibiting LaBarre from forcing Alejandro out of the U.S. against his will. If the permanent injunction is granted by the federal district court, it will be a landmark decision of national importance to all immigrants, particularly to those who have green cards.
The federal government has granted Alejandro his status as a Lawful Permanent Resident. As a Lawful Permanent Resident, Alejandro is legally entitled to remain safely in the U.S. and under the continuous protection of U.S. law. The federal lawsuit alleges that North Carolina lacks the authority to revoke or infringe Alejandro’s Lawful Permanent Resident status because federal immigration law supersedes state law. Mrs. Krehbiel said: “What good is a U.S. government green card or U.S. citizenship if a state court judge can take them away from you on a whim, without even a trial by jury?”
The lawsuit also asks for a federal injunction against anymore expensive big show trials in the state court over this issue. Mrs. Krehbiel said: “My husband and I have already had to spend everything we had saved for Alejandro’s college education defending his life and trying to keep him safely in the U.S. North Carolina, of course, has unlimited financial resources to finance its effort to railroad him off to Colombia. We hope we can avoid yet another expensive kangaroo court trial in state court.”
Even in life-threatening cases, children in North Carolina are not allowed to have their cases heard by juries. Every accused murderer, rapist and thug is entitled to a jury trial, but not mothers and their innocent children.
Alejandro’s family recently made complaints against Judge Brown to the Civil Rights Division of the U.S. Department of Justice. The complaints allege that Brown willfully violated Alejandro’s constitutional rights. The willful violation of a person’s civil rights under color of law (while acting as a government official) is a serious federal offense. Judge Brown recently resigned from office, stating his intention to retire because of stress and chronic ill health.
Mrs. Krehbiel said: “I really hope we can win the permanent injunction in federal court. It will set an important national precedent. If we do win the injunction, then it will help make it clear to everyone that us Hispanics aren’t cheap, expendable goods to be treated like dirt by North Carolina.”
The complete text of the federal lawsuit and other additional information is available at: www.savealejandro.com
Contact:
Claudia P. Krehbiel, Director
Concerned Mothers of Durham Inc.
P.O. Box 51183
Durham, NC 27717
919-302-3479
support@cmothers.com
support@cmothers.org