How Did Balloon Boy's Mom Steer Clear of Detention and Deportation?

Mayumi and Richard Heene, parents of Falcon (aka 'Balloon Boy'), entered guilty pleas on Friday in connection with the incident several weeks ago when they lied to the authorities about their son's whereabouts. The mother pleaded guilty to a class three misdemeanor; the father pleaded guilty to a felony. Had Mayumi pleaded guilty to a felony instead of a misdemeanor, after serving her criminal sentence, Immigration and Customs Enforcement would then place an immigration detainer on her before deporting her to Japan, the country of her birth. So how did Mayumi Heene manage to steer clear of detention and deportation?

We are all too familiar with the saga of Balloon Boy. The image that comes to mind is that of a flying saucer-styled helium balloon careening across the sky, allegedly carrying a 6-year old boy, if frantic calls to 911 were to be believed. Flights in the Denver metro area were diverted. An extensive search was mounted, at taxpayers' expense. As it turned out, the minor child was in the family attic, out of harm's way, through it all. The theatrics were all part of a grand scheme hatched by the parents, former participants in a reality TV show Wife Swap, to drum up interest for a new reality series.

Richard Heene pleaded guilty to attempting to influence a public servant; Mayumi pleaded guilty to making a false report to authorities. In a statement last week, the family lawyer David Lane said that going to trial "would have put the family at grave risk of seeing a loving, caring, compassionate wife and mother ripped from the family and deported." So the couple decided to seek the plea deal. If only this rationale was applied consistently to all cases.

Last month I released a report, The Faces of Detention and Deportation: A Report on the Forced Repatriation of Immigrants from the English-Speaking Caribbean, highlighting the plight in the Caribbean-American community where families are being torn apart by detention and deportation. Heads of household and breadwinners are being deported, leaving behind caregivers and their U.S. citizen children. The nature of their offenses, according to a recent report by Department of Homeland Security, involve dangerous drugs, traffic offenses, simple assault and larceny. Yet keeping these families together does not appear to be a priority.

 

Follow Arlene M. Roberts on Twitter: www.twitter.com/arlenemroberts

Comments

[EqualMeansEqual]

"Last month I released a report, The Faces of Detention and Deportation: A Report on the Forced Repatriation of Immigrants from the English-Speaking Caribbean, highlighting the plight in the Caribbean-American community where families are being torn apart by detention and deportation. "

That is there own fault. When you come to a country illegally or stay to long its your fault and if they don't want there families torn apart then don't do something illegal. Breaking the law and then complaining about the consequences of their own action is just whining.

[Arlene M. Roberts - Huffpost Blogger]

Obviously you have NOT read my report which I conveniently included as a link in the opinion piece. The individuals profiled in my report all entered the United States legally and were permanent residents/green card holders before they had a brush with the law. After paying their debts to society, they still faced deportation.

[Cookie Monsta]

I thought it odd when I heard this story. If Falcon's mom was from Mexico or South America, would she be facing deportation..?

[nee]

No we would be paying for her health care and providng an education for her anchor babies.

[Angel1961]

Thanks for the post and the report you link to. Very eye-opening. What ugly stories of detention and deportation for the Caribbeans you highlighted.
I wonder whether the reason ICE does not go after Mayumi Heene is to avoid the glare of public scrutiny on this issue. If the stories you reported became part of the mainstream media - if ICE's actions became part of the Balloon Boy story - people would be outraged and ICE would be facing a public backlash.

[farlep99]

Actually the reason ICE doesn't "go after" her is because we have laws in this country. Assuming the balloon boy's mom is a permanent resident and not a US citizen (which the writer here indicates), this guilty plea to a misdemeanor would not make her subject to removal from the United States. Permanent residents (green card holders) are not subject to removal if they have one misdemeanor conviction (drug convictions excluded). Since we are a just people we recognize that people make mistakes and their families needn't be "torn apart" for a simple mistake. However more serious offenses (felonies) and most drug offenses would make them deportable. This does not seem unreasonable to me, nor should it to the author. Whether a person is "high profiile" or not has nothing to do with it. ICE already gets backlash for doing their jobs, I doubt their worried about balloon boy's mom.

[thinkingwomanmillstone]

If they had sent their children out to steal $60,000 from the state's treasury, you can bet they'd have deported her and taken the children away, oh wait that's what they did.

[janie@atthelake]

Well said.

[yearlin]

'The nature of their offenses, according to a recent report by Department of Homeland Security, involve dangerous drugs, traffic offenses, simple assault and larceny'... this is why their being deported and rightfully so. we have enough menaces of our own. you dont come to another country, bringing your bad habist and think just because u have a family that's gives you permission to do such acts and stay. uh-huh go home. u r a guest until you are a citizen. when u r a guest in another's house, you must abide by the rules of the house or leave.

[Arlene M. Roberts - Huffpost Blogger]

And this is my point. Balloon Boy's mother is NOT a U.S. citizen. By your own analysis, Mayumi Heene is a 'guest in another's house' and, since she has not abided by the rules, she should be asked to leave.

[voltage356]

Rub your skin and you'll know why she still here and not sent back home. I bet if my sister from Haiti pulled something like that see how fast they would put her on a plane back home.

[sbenouna]

My husband faced deportation 2 years ago and managed to avoid it, and he is a permanent resident with a green card and had a felony conviction. I filed a special waiver and paid a huge fee to ICE and faced the immigration court. We won. He stayed. ICE rakes in a LOT of money with these types of cases, and I have little doubt that if you're willing to put up the cash, you can usually avoid deportation.

[Cookie Monsta]

This reminds me of the notion of Southern Hospitality. Were all guests are expected to comply with the 'house rules' as though we are all familiar with these unwritten rules. The idea that everyone has the same norms is short sighted and provincial. Our legal system is well equipped to handle criminals without deportation. As for people bringing 'bad habist' (sic), I do not see why people coming to this country must be assimilated into suburban white culture to be accepted by some as good guests.

[Rmath]

In some states, the department of Family Services/Child Protection would place these kids in a home with guardians who do not suffer from the numerous mental health issues Mr. and Mrs. Heene obviously have.

This is a dysfunctional family. The parents enlisted the children in perpetrating a fraud that put others in danger. If not for an outspoken youngster, they would have gotten away with it.

Giving a couple of grandstanding publicity hounds the right to tie up numerous emergency services organizations for hours and then granting the wife a free pass to avoid deportation is an outrageous example of unequal protection under the law. I thought these cases were decided by INS, a federal agency. How is it that a plea bargain in the Heene's state of Colorado was so readily accepted by the Immigration folks?

[farlep99]

"Immigration folks" have nothing to do with how a person can plead in a criminal case. That is up to the prosecuting attorney in the given jurisdiction

[Rmath]

I'm not questioning the Heenes' right to plead however they wish in Colorado.

The United States Immigration and Naturalization Service (INS) and USCIS are not a state governmental authorities. They do not necessarily have to rubberstamp whatever a District Court judge agrees to.

[Flavor]

Let me say thank You for the article, First I scratched my head on this one and thought the same thing, and I'm about to put some thoughts out there, just my opinion only, as I've observed this whole situation, I wondered about what now will they do about this mother. Now, we know by rights she should be deported because this is the law. Second, probably won't happen, somebody is I feel cloaking for these two, what do I mean, someone with clout, money, fame, has ties to the hands that be & want to help this family get on television. Third, don't be suprise if you see this family with a reality show, yes I said it! this family caused 60,000 + worth of state money on a hoax on a false report and their reward will be a reality show. Fourth, this is not right because if they keep her here, they better make sure that the illegal immagrants that are here with children, also get amnesty because word is they are watching this play out, and they are going to use this very thing, and you know what! they would be accurate. You, can't possibly say, well they made a small mistake and did'nt mean it, and scoot this under the rug especially right now because America has too many irons under the fire and wrong moves at this time could be extremely costly. Remember, this is just flavor's observation.