March 18, 2010
By Karyn S. Schiller
Filed under: Immigration Law
The approximately 700 pages of documents that I received in response to the Freedom of Information Request filed with USCIS on Jennifer Haynes’ behalf have turned out to be a gold mine of information. The biggest nugget of them all was the Indian baptismal certificate that we found buried among all the other paperwork. The certificate contained the names of Jennifer’s biological mother and father and as a result thereof she has been able to find her family!! Unfortunately for Jennifer, her mother died in 2006 before Jennifer was deported to India and before they could be reunited. Before she had the chance to meet just one more time with the daughter that we now know was sold out from under her.
As the result of the information on the baptismal certificate, Jennifer met up with her long-lost brother, and learned from him that her biological mother originally placed her at an orphanage so that she could receive the education, food and shelter that she was too poor to afford. She also learned that her mother never intended to give her up, but that when she came back for Jennifer a short while later Jennifer had already been “sent” to the US to be adopted. As traumatic as that must have been for her, thankfully her mother died without ever learning that Jennifer had in fact been given to a couple that abused her and then gave her up only 9 months later to another family who also abused her. She was also spared the knowledge that Jennifer was thereafter shunted around to dozens of foster care families before finally being deported back to India because her immigration formalities were not completed. From Jennifer’s brother we also learned that her father never recovered from the shock of having lost his daughter and unfortunately became an alcoholic as the result of this emotional trauma.
Although we do not yet have any proof, it is our firm belief that Jennifer was, indeed, trafficked to the United States. In other words, that she was sold like chattel. Nothing else can explain away so many of the facts that we have uncovered in these documents. For example, the owner of the orphanage to whom Jennifer had been entrusted by her mother, appeared in court and testified that Jennifer had been abandoned and had no family – clearly a lie. And then she also appeared before the court as the “attorney” for the prospective adoptive father. In other words, Clarice D’Souza took it upon herself to decide that Jennifer should be sent to the US, lied to the court in order to obtain the requisite order for Jennifer to leave India, and then “appeared” as the adoptive father and told the court that “he” would abide by all the applicable obligations to Jennifer if he was allowed to take her to the US. Indeed, there is absolutely no evidence that the adoptive father ever traveled to India or ever even met Jennifer, let alone Clarice D’Souza who vouched for his suitability as an adoptive father. And to top it all off, Jennifer was actually flown into the United States by two unknown adults, hired by the orphanage for the sole purpose of accompanying her to the United States and turning her over to her adoptive father.
If it walks like a duck and quacks like a duck, then it must be a duck. Or in this case, if it smells like child trafficking and looks like child trafficking, then it probably was.