Emma the Illegal Alien

This article first appeared in the Comox Valley Echo on Sept. 21, 2004

By Ian Lidster

Emma Collins is an unwitting victim of America's War on Terrorism, and she
certainly doesn't look like a terrorist.
A pretty 16-year-old, Emma (Emaline) was ripped away from her mother at a
U.S. border crossing in early July of this year, and her mother was warned
that if she protested too heatedly about the obvious affront of being
separated from her daughter, she risked being jailed, and having her car
impounded.
Emma is a Canadian citizen, and therein lies the crux of her problem in her
dealings with a nation grown seemingly paranoid from the prospect of
international terrorism.
Currently living with her loving grandparents, Judith and Larry Cooper of
Cumberland, Emma is lucky, says Judith, for if she did not have relatives
this side of the border, she would be a ward of the province.
This is despite the fact that Emma has lived in the U.S -- San Jose,
California for seven years -- with her single-parent, Canadian citizen Mom,
Jane, and her five-year-old, American born, sister, Wynne.
The events unfolded this way: At the beginning of July -- Canada Day,
ironically -- Emma and her mother came to pay a week-long visit on her
maternal grandparents. They crossed the border into Canada with no hassle.
On the way back, things were different. Awaiting the Black Ball ferry in
Victoria, Emma and her mother were pulled aside and interrogated by, Emma
says, a highly abusive U.S. Immigration Service supervisor.
"They didn't treat me badly," Emma says. "But they were horrible to my
mother. She was in tears."
Emma was the victim of an unwitting mistake by her mother. What had
happened was that she had turned 16 in June, and that meant, as an alien,
of employable age, she had to be in possession of a Green Card.
"My Mom was told that I couldn't go back home until I got my residency,"
Emma says. "That's horrible. Just the paperwork takes seven or eight
months, and it could take three or four years for the application to go
through."
The immigration nightmare faced by Emma and her mother was totally
unexpected, and shows how the rules have changed, to the utter disfavor of
any alien residing in the U.S. There is no open-door policy. Twice in the
past Emma and her mother had made visits to Canada, and on the last visit
Jane asked at Immigration if she should take steps to deal with Emma's
residency. She was told there was no problem and that Emma, as her child,
could be coat-tailed with her mother.
During the interrogation in Victoria, Jane asked if she could then apply on
Emma's behalf. She was informed that the application for residency had to
be mailed in. To make certain it arrived posthaste, Jane Fed-Exed it. There
has been no word yet, Emma says, that they have even received it.
Judith says that Emma has adjusted remarkably well under the stresses of
her circumstances. She is attending Vanier Secondary, and is doing very
well, but she has still been ripped away from everything familiar.
"It's interesting living here," she says. "But, it's hard. I have a
boyfriend back home, and I miss my Mom, and miss my friends, and even miss
my cat. It was horrible to have them say I was an illegal alien."
Meanwhile, the unanticipated turn-of-events has proved challenging for the
Coopers.
"We love Emma very much," Judith says. "But, we weren't expecting to
suddenly have a teenager in the house at this stage of our lives. Because
of the circumstances, we weren't sure what our rights were, and what our
obligations were. We contacted the children and families ministry, and they
have been absolute angels with us. They've given us nothing but positive
advice. There's a committee designed to deal with a child living in the
home of a relative, and we have an interview with them (on Sept. 21).
They're certain they can help us financially. Also, then Larry and I will
have the legal right to sign for her, say if she needed emergency surgery."
There's another factor in Emma's case. She is an obviously bright, and
infinitely cheerful young woman who has, since starting at Vanier in Grade
11, joined the band, wherein she plays bass clarinet, is a soprano in the
choir, and is even taking Japanese, which she loves. But, she also suffers
from Asperger's Syndrome, which is a mild form of autism.
"There's nothing very noticeable," Judith says. "What it means, basically,
is that she doesn't have a 'filter'. She says exactly what she thinks about
a situation. But, in a way, that works to her advantage. She entirely lives
in the moment, and has a huge ability to look at her situation
realistically. She has a roof, big people are looking after her, and she
loves school here."
Emma admits she's "pretty comfortable" in her current situation.
"I have occasional bouts of homesickness," she says. "But, I resign myself
to talking on the Internet. And, I'm allowed to talk on the phone for one
hour a week to my best friend, Steph, and she's allowed to call me and talk
to me for one hour a week."
Sometimes she gets a bit down, her grandparents concede.
"It's a bit like the wind blowing through a hole in her gut," Larry says.
"She's very dependent on her mother, so this is a huge change in her life."
A high point in the immediate future, however, is that Mom Jane, and little
sister Wynne are anticipated to come to Cumberland for Christmas.
What's happening back in the U.S.? Lots. But none of it seems to have
resulted in any rapid expediting of Emma's case. Since it's an American
matter, nothing really can be done at the Canadian end. And, Emma says, as
it stands, nobody seems to be able to override the decision that was made.
She said their own senator has said there is nothing that can be done, and
an overture made to Governor Schwarzenegger was equally fruitless.
Meanwhile, there is a posted website entitled 'A Call to Reunite a Minor
with her Family', to be found at www.petitiononline.com/canadaus/petition.
html. There are currently about 150 signatures on the petition calling on
the U.S. government to intervene and return Emma to the care of her mother
and the bosom of her family.