The Habeas Corpus
The term is Latin for, You shall have the body. The body in question was a father who was detained since the winter. He was waiting to be picked up for work when ICE came and took him with other men early one morning at a bus stop. (See it here: https://www.instagram.com/reel/DS06pQoibej/ )
Maybe it’s because I’m Mexican, the idea of waiting for the right time is more of a Western concept. Growing up, my mother always reminded us that “tomorrow isn’t guaranteed, you might not wake up tomorrow.” Celebrating the day of the dead and becoming acquainted with the concept of death always lurking nearby. In Mexico, people need to improvise. Things are never complete, there’s never enough, so you gotta wing it. You’re gonna die anyway so just do what you can. So this article is not legal advice and I’m not claiming that it’s the right solution. It’s what there is to work with.
I’d spent the better part of a day researching and calling different organizations in Georgia for some assistance. The father that our mutual aid group is trying to help was moved one day before his bond hearing to the Folkston ICE Detention and Processing center. For no viable explanation, just a distressed phone call from this father saying he’d been moved. His due process right to a court hearing, delayed. Or worse, denied. This father left behind a son, a barely 18 year old left to survive without parental support or financial security. No criminal background for him, just standing at the wrong place waiting to go to work.
Five hundred dollars, it’s a lot of money for a consultation. That’s what most lawyers are requesting in Georgia without a guarantee that they will take the case. It’s been a month now since this father arrived in Georgia. He’s in terrible pain. Part of his asylum plea is the physical evidence he bears. When I sat across from him during my visit at the Elizabeth Detention Center he showed me. He opened his mouth and pulled his cheek to reveal the metal plate in his mouth. Keeping his jaw in place and preventing disfigurement of his face. He turned his head so that I could see the scar of the exit wound of the bullet that left his body. He was shot while riding on a bus in his home country. His life in danger. Especially since he survived the attack. The second bullet entered his arm. He lowered the navy blue detention uniform to show me the wound. His arm is in constant pain still. He needs physical therapy to prevent him from losing the use of his arm. His shoulder, neck, hand, and fingers all affected.
“I tell them I’m in pain everyday,” he says to me. His face grimaces as he moves his arm along the table that separates us during the visit. I can smell the metal on his breath as he speaks to me. “My son’s alone. I call him every chance I can.”
He cries at the end of the visit. He cries for himself, his son, his family who depend on him for money to survive. He has two other children and a wife waiting. They want to know why he hasn’t called. I hug him before I leave. I let him know that we are looking in on his son.
I met his son recently, he came to our Morristown Together pot luck. He has his father’s same slight frame, the same quiet dignity of someone carrying more than they should have to.
We’re trying to help his son. He needs help with rent, he works in construction. Keeps the same room they were renting. He has a bike to get around but he’s vulnerable. I have my own 18 year old who still needs me as much as she says she doesn’t. I know the things that come up, the guidance and support needed. If we can find him a sponsor to live with, he has a chance to get his documents organized so he can work without fear of deportation.
When I met with him in person, I hugged his 5’3 frame. We went to get some clothes for him, “32 waist by 30 length” he reminded me as I looked for jeans for him. He’s so small, not in the physical sense but in this larger world with so much uncertainty. He inspired me to be brave. Try something new. After hitting so many roadblocks to have an attorney in Georgia submit the Habeas Corpus, AO 242 form. I decided to just do it myself on his behalf. It’s called Pro Se. Basically, he is representing himself in court. What do we have to lose? If it’s denied we are no better off than we are now. I asked for some help from AI and will just wing it. Turns out, I’m pretty good at it.
If you would like to help support this family, please consider donating to Morristown Together. We are a mutual aid your donation goes directly to helping the families we serve. https://venmo.com/u/Morristowntogether @morristowntogether https://linktr.ee/MorristownTogether?utm_source=linktree_profile_share<sid=92e179a4-bfa5-4060-a1f4-25233581c200