House removal proceeding and its impact on family life

The often-overlooked feature of house removal processes and their significant effects on family life are explored in this abstract. A major life event like moving to a new home is usually accompanied by several difficulties and anxieties. Many times the reason for house removal is the deportation or detention of a parent is an extremely upsetting experience that can have a significant impact on families. The remaining family members frequently need to move out of the parent’s house when the parent is forcibly removed because of immigration difficulties. This article analyses the various impacts it has on families and goes into the causes of house removal brought on by parental deportation or detention.

Keywords

House removal, Deportation, Detention, Immigration, Adaptation, and resilience

Introduction

Currently, there are about 272 million international migrants worldwide, around 3.5% of the world’s population, already exceeding certain estimates for the year 2050[1]. The number of people living in a country other than their country of birth has tripled during the previous 50 years. The most recent report from the UNHCR provides a vivid illustration of the human cost of crises in an unstable world. Over 11 million people were forced to evacuate their homes in 2020 due to numerous maladies to find safety from the storm. These figures, which continue to rise annually, highlight the critical need for kindness, unity, and continuous support for the 20.7 million[2] refugees and 48 million internally displaced people who are being affected. Let’s explore the narratives that lie behind these numbers because they reveal the tenacious character traits and untold adventures of countless people searching for comfort and a ray of hope in a world gone awry. Have we ever thought of the reason behind the displacement? According to UNHCR, the dynamics of poverty, food insecurity, climate change, conflict, and displacement are increasingly interconnected and mutually reinforcing, driving more and more people to search for safety and security.

Research Methodology

This paper is descriptive in nature and the research is based on secondary sources for deep analysis of House removal proceedings and its impact on family life. Secondary sources of information are journals, UN reports, websites, google scholar, and newspapers are used for the research.

Refugee

Refugee is the answer to all the questions which we are going to understand in this article. Firstly, let’s understand what is a refugee, what is the definition of this word? A refugee is someone “owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it”.[3]

“Globally, 89.3 million people would have been forcibly displaced by the end of 2021. This comprised 27.1 million refugees, of which 5.8 million were Palestinian refugees under UNRWA’s authority and 21.3 million were under the UNHCR’s. In addition, there were 4.6 million asylum applicants, 53.2 million individuals who were internally displaced within Venezuela, and 4.4 million Venezuelans who were displaced overseas. Numerous people who lack a nationality and have restricted access to basic freedoms including education, healthcare, work, and migration are included in this group.

Sadly, the likelihood that migrants will quickly find a way out of their situation is decreasing. A yearly average of 1.5 million refugees may return home during the 1990s. But in the last ten years, that number has decreased to about 385,000,” which indicates that displacement is growing faster than the solutions that are now accessible to them.

Background of house removal proceeding:

Condition of children when their parents are deported in the US, we will understand this by the report mention the article “How Today’s Immigration Enforcement Policies Impact Children, Families, and Communities”. Immigration enforcement significantly affects American families, both immigrant and mixed-status families, as well as the larger communities they are a part of. The United States has adopted a more- strict approach to immigration enforcement in recent years, with an emphasis on undocumented immigrants who are present within its borders, despite the absence of comprehensive immigration reform.

“The number of immigrants removed has steadily risen, from close to 190,000 deportations in 2001 to close to 400,000 per year in the past four years. Even more troubling, in the first six months of 2011 alone, more than 46,000 parents of U.S. citizen children were deported. With more than 11 million unauthorized immigrants living in the country, these deportations affect a wide swath of the population, including the undocumented and citizens alike. Undocumented immigrants do not live separate and walled-off lives from the documented but instead live side by side in the same communities and with the same families. A total of 16.6 million people currently live in mixed-status families with at least one unauthorized immigrant and a third of U.S. citizen children of immigrants live in mixed-status families. Additionally, having citizen children or even being the primary provider for U.S. citizen children is little help in removal proceedings. A recent report by the NYU School of Law’s Immigrant Rights Clinic found that between 2005 and 2010, 87 percent of processed cases in New York City of individuals with citizen children resulted in deportation.”[4]

What are the causes behind the removal of numerous houses?

There are many reasons why a residence might be removed, but immigration and legal concerns are the main ones. The following are typical causes:

  1. Violation of immigration law: one of the reasons is parents who break immigration laws are most likely to be detained or deported, which would result in their removal from their homes. Without adequate documentation, such as a valid visa or legal status, those who enter or remain in a nation run the danger of being deported. Similar legal repercussions may occur if a visa is overstayed over the permitted time frame.

In many instances, parents may have moved in the beginning with the intention of giving their families a better life, fleeing conflict or persecution, or looking for job opportunities. However, they end up breaking immigration regulations because there are not enough legal options or unavoidable situations. To retain control over borders, manage population influx, and safeguard national security, immigration officials rigorously enforce these regulations. Deportation or detention proceedings may begin if parents are found to be in violation.

Deportation is the process of forcibly removing someone from the country and frequently sending them back to where they came from. Families may be significantly impacted by it, with parents and kids being separated and the stability and security of the family environment being disrupted and they remain constantly in fear of separation with their family only by one notice.

Contrarily, detention entails the temporary incarceration of people in predetermined locations while their immigration cases are being handled. Parents are typically separated from their families at this point, which causes great mental hardship and uncertainty. Parental detention or deportation has effects that go beyond the lives of the affected families. Children in particular may experience emotional, psychological, and practical difficulties for the rest of the family.  The lack of proper documentation often leads to a situation where children are placed in foster care, resulting in their separation from their legal parents and their inability to attain legal status in a specific nation or state. “In USA the total costs to foster each child (between administrative and maintenance costs) are significant-close to $26,000 per year.”[5] That untimely loss of a parent and the ensuing necessity to uproot their lives and move may cause them to feel a great feeling of loss, anxiety, and instability.

  • Criminal Convictions: Criminal convictions are a major factor in the decision of immigration officials to begin removal or imprisonment proceedings. An individual’s immigration status may be in jeopardy after being convicted of certain crimes, especially those seen as serious or involving moral turpitude, which could result in house removal. Here are some important things to think regarding criminal convictions and how they affect immigration.
  • When a person has committed heinous Crimes that endanger public safety, which is the top priority of states. Crimes including murder, rape, drug trafficking, human trafficking, and violent acts are frequently included in this category.
  • Criminal activity with moral turpitude, such as theft, aggravated violence, or fraud, may also result in deportation or detention procedures. Acts that are deemed morally repugnant and are thought to reflect poorly on a person’s character are referred to as moral turpitude.
  • Aggravating elements: The likelihood of house removal can vary depending on the seriousness of the offense, including any aggravating elements that may be present. The likelihood of removal may be increased by elements like repeated offenses, the use of a weapon, or crimes committed against those who are more vulnerable.

It’s crucial to remember that immigration consequences for criminal convictions might differ based on the individual’s specific immigration status and the rules and regulations of the country in issue. Others permit discretionary judgments based on unique circumstances, while some nations have mandatory deportation procedures for certain offenses.

  • Visa Expiration: Visa expiration is a crucial element that may result in the deportation of parents and, consequently, the removal of their homes. The termination of a parent’s legal right to remain in a nation is signaled by the expiration of their visa. They run the risk of being in violation of immigration laws and opening themselves up to removal procedures if they don’t renew their visa or acquire another type of legal status before it expires. The parent’s immigration status has a direct impact on the possibility of house removal. In such circumstances, it may be necessary for the family to move out of their house, uprooting them from their neighborhood, their friends, and their comfortable surroundings. The abrupt relocation may jeopardize the family’s stability, resulting in emotional pain and a tough beginning of problems. It could lead to a loss of social networks, restricted access to resources, and trouble seeking accommodation and work in a new place. The cost of obtaining alternative housing and adjusting to the new surroundings may put further strain on the family’s well-being.
  • Immigration enforcement priorities: Immigration enforcement priorities may be set according to different criteria in different jurisdictions, which may change based on political climates and security concerns. Governments devote funds and give high priority to efforts to detect, detain, and expunge those who fall into these priority groups. To target particular people for examination, detention, and potential removal, immigration authorities, law enforcement, and intelligence services may work together. In order to respond to changing security risks, societal concerns, and policy goals, governments may periodically evaluate and adjust their immigration enforcement priorities. These priorities reflect the broader goals and strategies of immigration enforcement agencies and influence the actions taken toward parents and families who are deemed to meet the established criteria. The implementation of immigration laws must be balanced with the protection of human rights, family unity, and humanitarian concerns by policymakers and immigration authorities. Societies can make sure that the actions adopted reflect their values, promote fairness, and minimize the negative effects suffered by families exposed to house removal as a result of immigration enforcement by carefully analyzing and reevaluating the priorities for immigration enforcement.

Impact of House removing proceeding on People’s Lives:

Here we will answer How house removal can lead to unbalanced lives, financial hardship, and a variety of other implications that affect individuals and families.

House removal proceedings can be quite stressful for families. Leaving behind a familiar neighborhood, friends, and community connections can be daunting, especially for children and adolescents. Anxiety and feelings of isolation might be triggered by the uncertainty of adjusting to a new place, especially navigating a different school and social circle. During this transitional era, parents, too, endure the weight of emotional strain as they face financial demands, organize logistics, and juggle the burden of managing their own and their children’s emotional well-being. The aggregate weight of these emotional obstacles can influence family interactions and necessitate concerted efforts to provide support and reduce stress during the house removal process. Home removal proceedings may cause financial burdens to the family, especially to the one who has only one breadwinner. They have to manage transportation charges, temporary housing, etc, and all these can rapidly add up. Individuals may also need to budget for home repairs, renovations, or new furniture in their new homes. These financial obligations may trigger anxiety, put an additional burden on budgets, and have long-term consequences for financial stability. Individuals may feel a sense of loss, nostalgia, or uncertainty about the future. Children and adolescents may struggle to adjust to the concept of losing friends and switching schools. Furthermore, the stress of handling the entire relocation process, including logistics, paperwork, and ensuring a smooth transfer, can contribute to emotional tiredness and damaged family ties. The lack of support from loved ones during the transition phase might compound the stress and emotional difficulties associated with relocation. Along with that, we can’t ignore the physical strain which eventually increased the hardship and stress. The situation also places a significant burden on single mothers, who find themselves tasked with the responsibility of caring for their families while also earning a livelihood. This challenging role often brings forth numerous obstacles, including the need to provide for their children’s basic needs. Amidst these circumstances, single mothers may encounter additional challenges such as physical abuse and mental distress, which further compound the difficulties they faced.

Literature Review

The study of house removal through detention or deportation has profound implications for the lives of individuals and their families, as it exposes them to immense hardships simply because they are seeking a safe place to build a life with their loved ones and access necessities. This research sheds light on the realities faced by those who are forced to leave their homes, often due to circumstances beyond their control, and reveals the challenges and vulnerabilities they encounter during their quest for a secure and stable environment. The rational assessment of these studies underscores the urgent need for compassionate and comprehensive immigration policies that respect the dignity and rights of all individuals, regardless of their place of origin, and strive to provide a fair and humane approach to accommodating those in search of a safe Place.

Analysis of Professor Joanna Dreby

Professor Joanna Dreby is an assistant professor of sociology at the University of Albany, State University of New York. In his article mention the situation of children of Mexican immigrant that how the Mexican policy affected them. “Mexicans are approximately 30 percent of the foreign-born population and 58 percent of the unauthorized population in the United States. In 2010, however, Mexicans comprised 83 percent of the detained, 73 percent of those forcibly removed, and 77 percent of voluntary departures. More than 7 million children in the United States live with parents from Mexico, and half of these children are estimated to be U.S. citizens living with noncitizen parents.

This report draws on findings from the author’s ethnographic study of Mexican immigrant families in two sites-one in central New Jersey and the other in northeast Ohio. The data include in-depth interviews with 110 children and 91 parents, and home and school visits with 12 families. Similarities in family members’ experiences, even across two vastly different local contexts, illustrate that the results reported here are likely true for children living in other settings around the country.

Certainly, the deportation of people who have committed certain serious crimes and are threats to our national security will inevitably break up families. But there are ways to recognize the importance of family unification and to mitigate the devastating effects deportation-especially for those who have committed no crimes, save for the civil penalty of being in the country without status.”[6]

Status of Other Countries:

USA – Biden’s implementation of a new asylum policy has worsened conditions and left refugees trapped at the Mexican border. “Officials said regulations and other Biden immigration policies are reducing illegal border crossings that had hit record highs in recent years. But in the first month of the new policy, Reuters interviews with more than 50 migrants, U.S. and Mexican officials, a review of court records, and previously unreported data found that tens of thousands of people were waiting in dangerous Mexican border towns to snag a spot on the CBP One app, according to U.S. and Mexican officials, while humanitarian groups warn of deteriorating sanitary conditions at migrant camps”[7]. Reuters.  Latest news “The State Department released its refugee data for June where 6,844 refugees were resettled in the U.S. The number of resettled refugees has reached 38,653 for fiscal 2023 so far. The refugee Cap is set at 125,000”.

Ukraine- Given the ongoing tension between Russia and Ukraine, we cannot overlook the situation in Ukraine. The conflict escalated into a full-blown war due to Russian President Putin’s attack, resulting in widespread devastation. which resulted in more than 7 million Ukrainians being displaced within the country due to war, and more than 6 million refugees have fled Ukraine, the report said “It is one of the largest forced displacement crises since World War II, and certainly the fastest,” the report says.[8]

India – When we see, India we will find that around “40,000 people Rohingya Muslims stay in 2019 this is according to the Home Minister Office and Reuter report. But In January 2019, UNHCR India acknowledged the presence of 18,000 Rohingyas who are registered (UNHCR India, 2019)[9]”.

Turkey – “In 2021, the report says, Turkey hosted the world’s largest refugee population, nearly 3.8 million people. And the report says more than two-thirds of the number of refugees and Venezuelans displaced abroad came from just five countries: Syria (6.8 million), Venezuela (4.6 million), Afghanistan (2.7 million), South Sudan (2.4 million) and Myanmar (1.2 million)”.[10]

Suggestion & Conclusion

In addition to that, It is essential to recognize that the awful outcome of these conditions is the separation of children from their parents during migration. Children’s life can be severely impacted, which, in turn, can result in emotional distress, impaired education, and a lack of stability and security. Governments, international organizations, and local communities must respond to these circumstances with kindness, understanding, and focus on what is best for the children concerned. It is important to work to support migrant families, uphold their legal rights, and, whenever feasible, make it easier for families to reunite. Children should have access to social services, healthcare, and education, among other things, to ensure their safety and well-being. To address the underlying reasons for migration and work towards fostering conditions of peace, stability, and opportunity in the countries of origin, collaborative international efforts are required. This will lessen the need for families to be torn apart in the quest for a better life.

AUTHOR:

Laila Kazmi

Patna University, Law Graduate


[1] World migration report (IOM) 2020

[2] UNHRC>GLOBAL TREND REPORT

[3] Peace, dignity, and equality on a healthy planet>UN https://www.un.org/en/?id=8a258cpqvs54kdok ( last visited July 16,2023)

[4] Joanna Dreby, How Today’s Immigration Enforcement Policies Impact Children, Families, and Communities, center America Progress, 1, August 2012, https://www.americanprogress.org/article/how-todays-immigration-enforcement-policies-impact-children-families-and-communities/

[5] Joanna Dreby, How Today’s Immigration Enforcement Policies Impact Children, Families, and Communities, center America Progress, 1, August 2012, https://www.americanprogress.org/article/how-todays-immigration-enforcement-policies-impact-children-families-and-communities/

[6] Joanna Dreby, How Today’s Immigration Enforcement Policies Impact Children, Families, and Communities, center America Progress, 1, August 2012 https://www.americanprogress.org/article/how-todays-immigration-enforcement-policies-impact-children-families-and-communities/

[7] Voanews, https://www.voanews.com/a/biden-s-new-asylum-policy-strands-some-migrants-at-mexico-border-/7170388.html, (July 16, 2023)

[8] Cnn Business, https://edition.cnn.com/2022/06/16/world/refugees-unhcr-report/index.html July 16, 2023

[9] Ritumbram, Rohingya in India, Kvk 77721306, ©Report by Stichting the London Story,3, chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://thelondonstory.org/wp-content/uploads/Report-on-Indias-Discriminatory-Approach-towards-Rohingya-Muslims-1.pdf, 2020

[10] CNN Business, https://edition.cnn.com/2022/06/16/world/refugees-unhcr-report/index.html June 16, 2022