This post has been updated. Please click through the jump for more information.
An hour ago, the judge in Nan-Hui Jo’s child abduction case rejected the motion to dismiss the guilty verdict against her, and sentenced Jo to 175 days of jail (counted as time served) and three years probation. A jury found Jo guilty of child abduction last month — despite errors in jury instructions highlighted by Jo’s defense in their motion — after Jo fled an abusive relationship she believed endangered both herself and her child and (because she lacked documentation to remain in the United States) returned to Korea.
Jo’s conviction on the child abduction charges now stand (and likely await an appeal) which significantly complicates her fight to regain custody of her six-year-old daughter, who is currently being cared for by Jo’s abuser, the child’s father. Meanwhile, because Jo is not a U.S. citizen, ICE placed a deportation hold on her. After her sentencing today, Jo was transferred to ICE custody and is being detained in an ICE facility pending a decision on deportation.
With this move, Nan-Hui Jo is likely to become one of the thousands of immigrant parents separated from their families by ICE deportation.
This is a devastating setback for Nan-Hui Jo and her supporters. The community is urged to contact ICE Sacramento, and to tweet @icegov and @customsborder and urge them to drop the deportation proceedings.
Supporters are currently awaiting Jo as she as processed out of county jail and released to ICE.
This post will be updated with details as they emerge.
Earlier this year, Jo was retried on charges that she kidnapped her daughter — her first trial ended in a hung jury. Jo’s abuser, who is her daughter’s father, claims that Jo’s escape to Korea violated his parental access. Yet, at the time of Jo’s departure, she was facing loss of legal immigration status and was facing deportation. Jo’s abuser, Jesse Charlton — an Iraq war veteran — confessed that at the time he was unemployed, emotionally unstable due to largely untreated PTSD and substance abuse, and was not prepared to assume full-time custody of their daughter. Facing the possibility that she would become an undocumented immigrant (and therefore unable to obtain work) and fearing for her and her daughter’s safety if they remained within Charlton’s influence, Nan-Hui Jo did what conservatives dream of: she “self-deported” with her child.
You don’t know me, and I don’t know you. In many ways, our stories are different. I am ethnically Chinese, not Korean. My first language is English. I have not (yet) been married. I am not (yet) a mother.
But in many ways, our stories are similar. Like you, I am an immigrant and an Asian American woman. Like you, I’ve had to navigate the complex web of U.S. immigration law just to maintain my life here, and like you, I’ve felt the fear that comes with the possibility of falling out of status. Like you, I’ve lain awake at night terrified that I have run out of options; that I am trapped; that there’s nobody who will help, or will even understand what’s happening.
I can only imagine how much harder trying to survive U.S. immigration law would be when also a survivor of domestic violence. As immigrants and women of colour and with already so few options available, I can only imagine what it’s like to have the possibilities further limited by having to secure not only your own physical safety, but also the physical safety of your child.
They say that domestic abuse is about exerting power. I think it is about weaponizing fear.
Consequently, for his entire adult life, Adam Crapser — now married with three children — has been forced to live as an undocumented American. On April 2nd, he faces a deportation hearing with Immigration & Customs Enforcement (ICE). ICE plans to deport Crapser — a Korean American adoptee — to Korea, the country of his birth but to which he has no ties.
“It’s a travesty that the promise hasn’t been kept for individuals like Adam Crapser,” said Vollmers, “who in my mind is a victim of the inadequacies of the broken U.S. adoption system that doesn’t necessarily serve the individuals it says it cares about the most.”
Outraged, many readers have been asking what they can do to help Adam stay in America and receive documentation.
I’ve got great news: a social media campaign has now been launched to try and #KeepAdamHome.