Penny McClurg and her two children, Sandy and Josh

This is a true story of how in one day with no warning two American children, Joshua and Sandra McClurg, lost their single mother to the Department of Homeland Security on July 01, 2004.

Most Americans may not realize the fact that American Children under the age of twenty-one do not have what should be their most basic right and that is the right to a natural parent. Every day American children lose a parent to the Department of Homeland Security. American children whose parents are not United States citizen’s may be in jeopardy of having their parent or parents deported to their natural born country, regardless of the years they have established their homes and families in the US.

It seems unfair that here in America, Land of the Free, that our children do not have the freedom or the right to their natural parent if that parent is not an American citizen.

What happens to these children when a parent is abruptly taken away from them without any warning or preparation? One could only imagine the devastation and repercussions of a destroyed family.

Immigration and Naturalization have dramatically increased efforts to deport immigrant residents. Therefore any immigrants, regardless of the fact that they may have permanent residence status, families, children and spouses are subject to deportation and are being scrutinized for any blemishes they may have in their past.

Our US children should be spared the wrath of our countries anger, resulting from 911 tragedies.

On June 30, 2004 Penny McClurg responded to a letter she had received in the mail from the Department of Homeland Security. The letter requested her to report to Tampa International Airport Airside F. Penny made the necessary arrangements to have her children cared for, while she attended this appointment. Upon arriving at the airport airside F, she called the telephone number listed on the letter and informed the respondent on the phone that she was waiting at the instructed area as described in the letter. The operator told her that they would send someone to escort her into the terminal. Penny waited approximately 30 minutes; however nobody came to escort her. Penny called the number on the letter again and told the operator that she had been waiting. The operator then asked her if she was sure she had an appointment letter to come in because they were apparently not expecting her.

A Department of Homeland Security officer finally arrived and escorted her through to the secured airside F terminal and asked her to be seated in an office area. She was greeted by a Department of Homeland Security officer by the name of Mr. Guthier and told to remain seated and that he would be with her shortly. Approximately two hours went by before Mr. Guthier motioned her into his office. Inside his office he questioned her about a 1997 felony conviction that she had on her record. She acknowledge the felony conviction and informed him that she he had completed her sentence and probation for this incident.

Penny was sent back out to be seated again and waited another three hours. She had now been in the office approximately five hours.

Mr. Guthier finally came out of his office and informed her that he was not able to get a hold of who he needed to speak to and that she should report back the following morning at 9:00am. Penny reported back the following morning as instructed and this time remained in the seated office area. During this time officer Guthier told her that he was still waiting to get a hold of the person he had been trying to reach the previous day. Approximately three hours went by before Mr. Guthier asked Penny to come into his office. Mr. Guthier told Penny that he had some bad news for her and that she was officially being detained. Penny asked what that meant and officer Guthier informed her that she was basically being arrested and that everything would be explained to her when she arrived at her next destination. Penny asked where she was being taken and she was told by Guthier that he did not know and that someone else would tell her.

Penny did not in her wildest imagination realize that this appointment letter was going to result in her being arrested.

Penny arrived in the US, from South Africa, in 1986 when she was fifteen years old. In 1991 she had received her permanent resident status in the US. Penny is now thirty three years old and is a single mother of two American children ages 10 and 11. She also has an American fiancée and was, at this time, six weeks pregnant with his child. Penny has been residing in the US for the past 18 years and in the last three years established a successful business in the Tampa Bay area. The sudden and abrupt news that she was being incarcerated was devastating to all who know her. There was no time or warning to make any arrangements for her children, home or business. That was it…she was no longer to continue with her life and she had no forewarning to make any preparations for this day.

Penny has now been incarcerated since July 01, 2004. On July 15, 2004 she lost her eight week old unborn child while in detention. She was taken to Jackson Memorial Hospital in Miami in handcuffs and shackles where she was seated in the waiting room for two hours. Penny did not get seen until she finally started to hemorrhage. The doctor informed her that she was miscarrying and proceeded to perform a D&C on her without any anesthesia. Several hours after the procedure she was taken back to Turner Guilford Knight County Jail in Miami in shackles and handcuffs, barely able to keep consciousness while walking, due to the blood loss.

Three days before Penny‘s miscarriage, she submitted a written request to see the facility counsellor. She needed to talk to someone about the depression and stress she was undergoing…how it was affecting her ability to eat, sleep and try to stay calm as she knew that it was essential in order for her to have a healthy pregnancy. Her request went unanswered. In fact, to this day, no official has informed her as to what is happening with her or why she is being detained. No information has been provided by any officials regarding this matter.

Penny has since hired attorney Steven Goldstein and Grant Kaplan to handle her case. She learned, only through the attorneys, that she is being charged with illegal entry into the US.

Penny is being denied entry into the US, resulting from a deferred inspection. This deferred inspection resulted from a cruise Penny took in June of 2003, where she left and reentered the United States within a 4-day period. While in this "deferred inspection" status, Penelope's resident alien card was supposed to be taken and substituted with a temporary card. This did not occur. Instead she was allowed to exit and re-enter the United States twice more in September of 2003 and again in May of 2004.

Penny has been a US permanent resident since 1991 and at no time to her knowledge was this status ever revoked. Her attorney has informed her that these situations are never good and that probably the fastest way out of jail is to ask for expedited deportation, otherwise she could remain in jail indefinitely while trying to fight the case against her.

This is a true story of how in one day with no warning two American children, Joshua and Sandra McClurg, lost their single mother to the Department of Homeland Security on July 01, 2004.

There has been no follow up by this department or for that matter any US department to make sure that these two American children where to be taken care of. Fortunately for Penny she has her father and fiancée to step in to help with her children, but again no departmental agency has checked to make sure of that. One could only imagine what could have happened if there had been no one to take care of these children.

Penny is currently being held at Turner Guilford Knight County Jail, in a designated woman’s immigration unit. There she has learned of about many other women, who also have American children and that have been separated from them abruptly in this way.

It seems unfair and not traditional with American standards that these children have no voice or rights as American Citizens and that their futures are placed in jeopardy with no one to follow up and make sure that they are surviving as they should be with the appropriate care.

My name is Eric Schmidt, fiancé of Penny McClurg. As a concerned American citizen and ten year Navy veteran, I would like to come forward and let the country know what awful atrocities are going on behind the scenes in our great country, with respect to immigrants.

If I could ask anything of my country in exchange for my ten years of service, it would be to return my fiancée back to her family where she rightfully belongs. She does not belong in indefinite incarceration, waiting for the slow wheels of immigration department.

If any agency would like to pick up this story I am readily available for comment and can be reached at the following:

Eric Schmidt 322 Manatee Lane Tarpon Springs, FL 34689 321-354-4044 cell 727-938-5374 home 727-944-2699 fax

Editor's note: In the above, there are many violations of the Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live, G.A. res. 40/144, annex, 40 U.N. GAOR Supp. (No. 53) at 252, U.N. Doc. A/40/53 (1985).

See:

http://www1.umn.edu/humanrts/instree/w4dhri.htm

Extracts:

The General Assembly,

Considering that the Charter of the United Nations encourages universal respect for and observance of the human rights and fundamental freedoms of all human beings, without distinction as to race, sex, language or religion,

Considering that the Universal Declaration of Human Rights proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth in that Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,

Considering that the Universal Declaration of Human Rights proclaims further that everyone has the right to recognition everywhere as a person before the law, that all are equal before the law and entitled without any discrimination to equal protection of the law, and that all are entitled to equal protection against any discrimination in violation of that Declaration and against any incitement to such discrimination,

Being aware that the States Parties to the International Covenants on Human Rights undertake to guarantee that the rights enunciated in these Covenants will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,

Conscious that, with improving communications and the development of peaceful and friendly relations among countries, individuals increasingly live in countries of which they are not nationals, Reaffirming the purposes and principles of the Charter of the United Nations,

Recognizing that the protection of human rights and fundamental freedoms provided for in international instruments should also be ensured for individuals who are not nationals of the country in which they live,

Proclaims this Declaration:

Article 1 For the purposes of this Declaration, the term "alien" shall apply, with due regard to qualifications made in subsequent articles, to any individual who is not a national of the State in which he or she is present.

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Article 5

1. Aliens shall enjoy, in accordance with domestic law and subject to the relevant international obligation of the State in which they are present, in particular the following rights:

(a) The right to life and security of person; no alien shall be subjected to arbitrary arrest or detention; no alien shall be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established by law;

(b) The right to protection against arbitrary or unlawful interference with privacy, family, home or correspondence;

(c) The right to be equal before the courts, tribunals and all other organs and authorities administering justice and, when necessary, to free assistance of an interpreter in criminal proceedings and , when prescribed by law, other proceedings;

(d) The right to choose a spouse, to marry, to found a family;

(e) The right to freedom of thought, opinion, conscience and religion; the right to manifest their religion or beliefs, subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others;

(f) The right to retain their own language, culture and tradition;

(g) The right to transfer abroad earnings, savings or other personal monetary assets, subject to domestic currency regulations.

2. Subject to such restrictions as are prescribed by law and which are necessary in a democratic society to protect national security, public safety, public order, public health or morals or the rights and freedoms of others, and which are consistent with the other rights recognized in the relevant international instruments and those set forth in this Declaration, aliens shall enjoy the following rights:

(a) The right to leave the country;

(b) The right to freedom of _expression;

(c) The right to peaceful assembly;

(d) The right to own property alone as well as in association with others, subject to domestic law.

3. Subject to the provisions referred to in paragraph 2, aliens lawfully in the territory of a State shall enjoy the right to liberty of movement and freedom to choose their residence within the borders of the State.

4. Subject to national legislation and due authorization, the spouse and minor or dependent children of an alien lawfully residing in the territory of a State shall be admitted to accompany, join and stay with the alien.

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Article 7

An alien lawfully in the territory of a State may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons why he or she should not be expelled and to have the case reviewed by, and be represented for the purpose before, the competent authority or a person or persons specially designated by the competent authority. Individual or collective expulsion of such aliens on grounds of race, colour, religion, culture, descent or national or ethnic origin is prohibited

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