Deportee in battle with US Embassy
Yvonne Baboolal | 8:20 pm
Published: February 7th, 2009
Craig Cruickshank
Yvonne Baboolal | 8:20 pm
He stayed in houses where he had to pick which floorboard to walk on; reached on the brink of homelessness and starvation and developed diabetes. This has been the ordeal of 31-year-old Craig Cruickshank, since he was deported to Trinidad and Tobago eight years ago, at age 23.
Cruickshank, who told the Sunday Guardian, last Tuesday, that he was an “active Christian,” is claiming he was deported on trivial charges, which were later dropped in an American court. He claims he is entitled to return to the United States, where his “home, his life, his love” are, and has been on a determined drive to do so. “I was a one-year-old baby when my parents took me to Brooklyn, New York, to live. “Settling in T&T was a shock; I’ve never been able to adjust. “The social life, the mentality, the way the system operates...it’s something I can’t get accustomed to.” But attempts to return home are blocked by the US Embassy in Port-of-Spain, he claims.
Cruickshank said his ordeal began at age 19, while living with his parents and sister in Florida, to where they had moved. “My sister and I were having a normal sibling quarrel, and someone from the neighbourhood called the police. “The police tried to arrest me, but I said I wasn’t going anywhere.
“They arrested me for resisting arrest with violence and obstruction, and took me to the Broward County Jail. “Not knowing better, I took a no contest plea just to get out. This meant I pleaded guilty.
“I was put on probation and was later arrested for a non-violent violation and put in Dade County Jail in Miami. “While there, the probation officer recommended that I be imprisoned for the original charges of resisting arrest. “I was sentenced to 27 months at the South Florida Regional Centre.” Close to the end of his stay in prison, Cruickshank said he got a letter from the INS, stating that he was to be deported to T&T. “They had revamped the deportation act and could deport you for just about anything. “They will deport you even after you paid the time for the crime, no matter how small, if you did two years and more.”
Cruickshank said Florida judges kicked out against the harshness of the new deportation law, and advised that those who had opted to plead guilty, and and advised that those who had opted to plead guilty, and were not informed that deportation was one of the consequences, could apply for a rehearing. “While in prison, I wrote up my motion requesting the case be reopened, and for my plea to be changed to a not guilty one. “The following week, they moved me to another jail, way up north Pennsylvania, and a couple months after, on July 29, 2000, they deported me.” Cruickshank stayed with elderly grandmothers in Cocoyea and Palo Seco before moving out on his own. “The reception in T&T wasn’t good. I didn’t realise there was so much dislike here for deportees.
“I moved from one shack to another, and lived in places where I had to pick and choose which floorboards to step on. “I found out I had diabetes while doing a medical, which could be stress-related. I am now on insulin.” Cruickshank said he did a variety of jobs, including construction, sales, network marketing, commercial cleaning and security. On February 15, 2002, he won his motion for a rehearing in the Circuit Court of the 17th Judicial Court in Broward County. Judge Geoffrey D Cohen, in a letter on the same day, stated: “The defendant’s plea of no contest is vacated and a plea of not guilty is entered and the matter will be scheduled for trial by jury.” A US Immigration lawyer gave Cruickshank’s parents a directive to petition to have him returned to the US with his original status—legal permanent resident.
“By 2006, the petition had gone through all the checks, balances, filters and screens in the US, and the petition was sent to the US Embassy here for final screening,” Cruickshank related. He said, based on advice, he bought a ticket and boarded an aeroplane bound for Miami on December 18, last year, but was arrested and sent back to T&T. Last month, he applied to the embassy for a visa to leave the country. Phillip Beekman from the American Consular Office, in a letter to Cruickshank on January 7, told him he was found “ineligible” for a visa under the INS Act. Beekman cited “missing documents,” “moral turpitude” and “ordered deported twice” as reasons. “Why are they not allowing me to go back home. I aim to get answers from them,” Cruickshank vowed. “This is one case they know they messed up and they’re afraid of the consequences.”