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Ana Calixto: When Nativism Trumps Domestic Violence |
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Posted on October 20, 2007 by archcrone
Ana Calixto is a legal immigrant, who was divorcing her abusive husband. Her case has descended into a special hell, where she now has to appeal the dismissal of an Order of Protection, due to the nativism of a particular Blount County Judge. First, let me get you up to speed on the case, as it has been reported.
Last month, a woman appeared before Blount County (TN) Circuit Court Judge W. Dale Young for an Order of Protection against her abusive husband. but the case took a very nasty turn that day, when Judge Young asked the immigration status of this woman, told her to get out of the country and leave her children here.
“When the judge asked if I was here legally,” Anna Calixto said, “I told him I have my temporary worker permit and I have the documentation showing it from the immigration service.
“The judge shrugged his shoulders like he didn’t care — then he told me to go back to Nicaragua.
“I told him I have two children and asked what I was supposed to do about my children. The judge said there were Americans here in this country who could take care of my children.”
After the brief discussion, Young reportedly threw Anna Calixto’s request for an order of protection across his desk. Young’s secretary, Amanda Nolan, told The Daily Times Monday that the judge had dismissed Calixto’s request.
Sean found that Young’s respectful treatment of victims of domestic violence ends when that woman is an immigrant. The heinous treatment for this woman’s life and the life of her children by this judge prompted a judicial review.
“The U.S. Constitution says all people — legal or illegal, citizen or non-citizen — have a right to fundamental due process if they are on U.S. soil.
“There are other areas of the Constitution that reference rights of citizens, and those rights are exclusive to U.S. citizens. But due process is a right all people are entitled to, according to the U.S. Constitution.”
Amazingly, the Blount County Commission was then presented with a motion to support Judge Young, which ultimately was tabled. What is so amazing about this, is that the support of the Judge centered around not the safety of Ana Calixto and her children, but her immigration status.
“I want to personally commend his stand,” Samples said, adding that he had heard her legal status was in doubt. “She did not meet the test of law … My stand is that is a question about illegal immigration. Judge Young stands for what the majority of Blount Countians stand for.”
The nativism in TN is pretty disgusting that a woman’s immigration status is more important than her safety and the safety of her children. What I find repugnant is that even though Ana is a legal immigrant, several Commissioners refused to give that any credence, instead it was spun as her immigration status was questionable. that sentiment is not limited to County Commissioners and judges, as you will see in the comments of this thread at BlountViews. Anything to justify hatred, you know. All the while, the issue of domestic violence is not even being addressed.
There is no doubt to Ana’s immigration status — she is a legal immigrant, and as noted above, the US Constitution still provides her with the right to due process. And thus, three civil rights organizations have sent a letter to the Tennessee Court of the Judiciary (the section that reviews judges). I would be remiss in my duty to you if I did not inform you that Judge Young has issued decisions based on personal bias rather than the law.
Now you are up to speed on this case. According to today’s local paper, Ana’s appeal has moved to Knox County.
Mike Whalen is representing Calixto. He said he was appointed by the American Civil Liberties Union and is working pro bono. He said no date for Calixto’s appeal has been set, although the case will be heard in Knox County.
Will she get a fairer hearing? Who knows — the nativism runs pretty thick here as it does in neighboring Blount County, when I’ve talked to various people throughout my days.
But, Ana’s case was not originally about her immigration status, it was about domestic violence, and a need for protection.
Ana Calixto said she feels vulnerable after a judge threw out her request for an order of protection. She said she is wary even of turning to police for help because Circuit Court Judge W. Dale Young told her she had no rights in this country.
The nativist judge gave Ana a double whammy — denying her protection from an abusive husband because she is an immigrant. And people wonder why women don’t want to turn to authorities in cases of domestic violence (73% of dv cases go unreported). We live in a culture when men continue to believe women are property and in east TN judges don’t understand the US Constitution. All of this is to the detriment of the woman’s very life, and the safety of her children.
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