{"id":34911,"date":"2019-07-02T10:17:13","date_gmt":"2019-07-02T14:17:13","guid":{"rendered":"https:\/\/admin.patheos.com\/blogs\/davearmstrong\/?p=34911"},"modified":"2020-02-16T11:00:58","modified_gmt":"2020-02-16T15:00:58","slug":"migrant-who-drowned-with-daughter-was-warned","status":"publish","type":"post","link":"https:\/\/www.patheos.com\/blogs\/davearmstrong\/2019\/07\/migrant-who-drowned-with-daughter-was-warned.html","title":{"rendered":"Was the Drowned Migrant a Negligent Parent? A Debate"},"content":{"rendered":"<!DOCTYPE html PUBLIC \"-\/\/W3C\/\/DTD HTML 4.0 Transitional\/\/EN\" \"http:\/\/www.w3.org\/TR\/REC-html40\/loose.dtd\">\n<html><head><meta http-equiv=\"content-type\" content=\"text\/html; charset=utf-8\"><meta http-equiv=\"content-type\" content=\"text\/html; charset=utf-8\"><\/head><body><p style=\"text-align: center;\"><img loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-34914\" src=\"https:\/\/wp-media.patheos.com\/blogs\/sites\/572\/2019\/07\/RioGrandePatrol.jpg\" alt=\"\" width=\"640\" height=\"427\"><\/p>\n<p>I have been accused by left-of-center polemicists\u00a0of being cruel and callous concerning human life. Sorry; I don\u2019t take to such things kindly. <a href=\"https:\/\/www.patheos.com\/blogs\/davearmstrong\/2019\/06\/illegal-immigration-cannot-be-rationally-discussed-anymore.html\" class=\" decorated-link\" target=\"_blank\">I had written<\/a>:<\/p>\n<blockquote><p>Of course, the latest liberal \/ RINO uproar has to do with the sad photograph of a man and his child, who drowned while trying to illegally cross the border by swimming the river. I\u2019ll leave aside the question of parental negligence: to even<em>\u00a0attempt<\/em>\u00a0such a thing without proper life jackets, etc. Any compassionate human being is saddened by the tragedy.<\/p><\/blockquote>\n<p>Was this parental negligence? Yes, it was! It\u2019s negligent to even allow a child to play in two or three feet of water in a backyard pool without supervision. The manufacturers of pool rings always make it very clear that they are not \u201cflotation devices\u201d and can\u2019t be trusted to function in that way. Obviously there have been tragic accidents and they are rightly and responsibly worried about liability.<\/p>\n<p>The deceased 25-year-old man from El Salvador,\u00a0\u00d3scar Alberto Mart\u00ednez Ram\u00edrez, was warned by others not to try to swim the river. He apparently went across without a life-jacket or even any sensible flotation aid (seaworthy or not). But if I dare to suggest that this might be construed as parental negligence, I am a worthless shred of human debris; indeed a \u201ca lying piece of garbage\u201d: as one commenter put it.<\/p>\n<p>Let\u2019s learn more about the actual <em>facts<\/em> of the matter, shall we? It\u2019s far worse than I assumed it was. The following information is from the article, <a href=\"https:\/\/dailycaller.com\/2019\/06\/27\/migrant-father-was-warned-before-drowning\/\" class=\" decorated-link\" target=\"_blank\" rel=\"nofollow\">\u201cMigrant Father Was Warned About Crossing Rio Grande Before Drowning With His Daughter\u201d<\/a> (Jason Hopkins, <em>Daily Caller<\/em>, 6-27-19):<\/p>\n<blockquote><p>The Salvadoran family that drowned in the Rio Grande was warned about the dangers of crossing the river before they drowned, a Central American migrant revealed.<\/p>\n<p>\u201cI noticed they were really nervous, scared,\u201d\u00a0Xiomara Mejia, a Honduran migrant,\u00a0<a href=\"https:\/\/www.apnews.com\/88ddb41d444a474cb2771422aee21f56\" target=\"_blank\" rel=\"nofollow\" class=\" decorated-link\">said to<\/a>\u00a0the Associated Press about the Salvadoran family she met at Matamoros, a Mexican town that directly borders Brownsville, Texas. \u201cThey had panic on their faces.\u201d . . .<\/p>\n<p>\u201cThey said to me, \u2018You haven\u2019t tried to cross the river?\u2019\u201d Mejia told the AP. \u201cWe said to them, \u2018No,\u2019 because of the children more than anything. I don\u2019t know how to swim and my kids do, but either way I\u2019m not going to risk it.\u201d<\/p>\n<p>Unfortunately for the family, they ignored the warning.<\/p>\n<p>. . . The 25-year-old father first swam with his daughter across the river into Brownsville. However, when he went back for his wife, the young girl leaped into the river after her dad. Mart\u00ednez swam back to grab her, but both ended up getting caught in the river\u2019s currents. . . .<\/p><\/blockquote>\n<p><em>That<\/em> is <em>negligent<\/em>, to carry along a <strong>23-month-old<\/strong> girl. It\u2019s precisely <em>because<\/em> we care about life and children that we have to point out these sad realities. If he had listened to Xiomara Mejia (or had heeded my advice, had I been there), the girl would be alive, and so would he. And that is compassion and love.<\/p>\n<p>According to an <a href=\"https:\/\/www.thecut.com\/2019\/06\/photo-drowned-migrants-story.html\" class=\" decorated-link\" target=\"_blank\" rel=\"nofollow\">article at <em>The Cut<\/em> (6-26-19)<\/a>:<\/p>\n<blockquote><p>Mart\u00ednez, his wife Tania Vanessa \u00c1valos, and their little girl . . . tried to apply for asylum at the international bridge in Matamoros, Mexico, but found offices closed and many ahead of them in line. So they decided to cross the Rio Grande.<\/p><\/blockquote>\n<p>An article in <em>The<\/em> <em>New York Times<\/em> <a href=\"https:\/\/www.nytimes.com\/2019\/06\/28\/world\/americas\/rio-grande-drowning-father-daughter.html\" class=\" decorated-link\" target=\"_blank\" rel=\"nofollow\">adds further relevant detail<\/a>:<\/p>\n<blockquote>\n<p class=\"css-exrw3m evys1bk0\">It remains unclear how the Mart\u00ednez family intended to argue their case for asylum, or whether they even understood the legal basis for gaining such protection. Mr. Mart\u00ednez\u2019s wife, Ms. \u00c1valos, did not respond to requests for an interview.<\/p>\n<p class=\"css-exrw3m evys1bk0\">But Ms. Ram\u00edrez [\u00d3scar Alberto Mart\u00ednez Ram\u00edrez\u2019 mother] repeatedly said that her son and his family were not fleeing persecution or the threat of it \u2014 requirements for gaining asylum in the United States.<\/p>\n<p class=\"css-exrw3m evys1bk0\">They migrated \u201conly because of the economic situation,\u201d she said. \u201cLamentably, the salaries here are very little and they aren\u2019t enough,\u201d she added, speaking softly. . . .<\/p>\n<p>Residents and officials here say a gang dominates the neighborhood, Altavista. But Ms. Ram\u00edrez and another relative said the immediate family had not been directly imperiled by the gang. . . .<\/p>\n<p class=\"css-exrw3m evys1bk0\">Mr. Mart\u00ednez and Ms. \u00c1valos, however, worked relatively close to their home, family members said \u2014 she in a Chinese fast-food restaurant at a middle-class mall, and he at various branches of the pizza chain Papa John\u2019s.<\/p>\n<p class=\"css-exrw3m evys1bk0\">But the couple, even though they were sharing household expenses with Ms. Ram\u00edrez and her partner, were having a hard time on their salaries of about $300 a month. Last fall, they started talking about migrating to the United States.<\/p>\n<\/blockquote>\n<p><strong><em>A two-year-old girl is helpless<\/em><\/strong>. She was carried across a dangerous river. Her father left her alone (far as we know) on the other bank. Then he swam back and this precious girl jumped in the water, bringing about their eventual drowning. I\u2019m writing about it in order to bring moral clarity: that it\u2019s not Trump who is to blame or wicked conservatives who are supposedly terrible examples of Christians and don\u2019t know the least thing about the Bible or the faith.<\/p>\n<p>There is personal, parental responsibility in play here. A man chose to carry a 23-month old daughter across a wild river; then left her on the shore alone. But that\u2019s not <em>negligent<\/em>? A young man and his very young daughter are <strong><em>dead<\/em><\/strong>. A 21-year-old woman is now a widow and has lost her precious child, and a mother now also has a dead son and granddaughter: which also likely wouldn\u2019t have happened if we had a <em>sane border policy<\/em> and actually <em>enforced<\/em> it.<\/p>\n<p>If people knew for sure that they couldn\u2019t illegally gain access, they wouldn\u2019t risk their lives (desperate or not) and those of their children to<em> try<\/em>. So that aspect of it is on us, and our stupid (or good but <em>unenforced <\/em>or<em> unfunded<\/em>) border policies that Republicans are desperately trying to reform, with relentless opposition from the Democrats.<\/p>\n<p>I believe that the Catholic solution (as I have written about for nine years) is to stop the illegal immigration now and then thoroughly reform the asylum system, so that many millions can enter legally, through the proper procedures (just like they did at Ellis Island in New York City, in view of the Statue of Liberty; and they <em>did<\/em> reject a portion of sick would-be migrants).<\/p>\n<p>Those with this position (broadly speaking, a \u201cconservative\u201d one) do not oppose or ignore or disdain those seeking a better life and seeking to escape from hellholes like El Salvador (<a href=\"https:\/\/www.foxnews.com\/world\/salvadoran-president-says-his-country-is-to-blame-for-migrant-drowning-in-rio-grande\" class=\" decorated-link\" target=\"_blank\" rel=\"nofollow\">whose President just apologized<\/a> for this sad drowning). We are for the rule of law and a sane, compassionate, rational, sensible border policy <em>and<\/em> for legal immigration. Both\/and. <a href=\"https:\/\/www.brookings.edu\/blog\/fixgov\/2017\/09\/13\/two-thirds-of-trump-supporters-want-dreamers-to-stay-in-u-s\/\" class=\" decorated-link\" target=\"_blank\">69% of Republicans also favor letting the DACA \/ Dreamers stay<\/a>, as I just noted in my other article. This includes myself.<\/p>\n<p>It\u2019s time for the usual hateful rhetoric from the left and the Democrats to stop. It\u2019s time for <em>solutions<\/em>. We can work together on this and be the humane society we have always been (albeit with glaring blind spots like slavery and abortion and the genocide of Native Americans). The madness and the death and destruction of lives (including the exploitation of sex and drugs that is going on, by those who are using migrants) have gone on long enough.<\/p>\n<p>***<\/p>\n<p style=\"text-align: center;\"><span style=\"color: #008000;\"><strong>Debate with Fr. Angel Sotelo<\/strong><\/span><\/p>\n<p>Fr. Angel Sotelo:\u00a0<span style=\"color: #0000ff;\">Dave, indefensible and unconscionable acts <span style=\"color: #000000;\">[my original description that I later decided was too strong]<\/span> come from a rational state of mind.\u00a0<\/span><\/p>\n<p><span style=\"color: #0000ff;\">That people have crossed the Rio Grande, with their children and have made it to the other side means that there are odds in one\u2019s favor. So, there is some defensible hope, that they can do it.\u00a0<\/span><\/p>\n<p><span style=\"color: #0000ff;\">More to the point, when the human heart is desperate and without hope, a man should not be impeached with culpability, with the assumption that he was in a rational state of mind.<\/span><\/p>\n<p><span style=\"color: #0000ff;\">[You] and I agree on Catholic moral teaching.\u00a0Where we disagree, is on the subjective culpability of the individual, based on the unique circumstances and intentions.\u00a0<\/span><\/p>\n<p>Desperation does lessen culpability, no doubt. I think this is borderline. I think of women who have terrible post-partum depression and drown their children in a bathtub. So were they temporarily insane? I suppose so. In any event, they\u2019re not thought\u00a0very well of.<\/p>\n<p>We could also say about the migrant, that the mother and the other would-be migrants who warned him not to do it, were also probably coming from terrible conditions, but they had wits enough to know not to jump into a wild river with a 2 year-old. So that argument only goes so far.<\/p>\n<p>In any event, I am not a cruel, inhumane person. My view is identical with that of the others who warned him not to do it with a child.<\/p>\n<p>It\u2019s the personal vitriol that is objectionable. We can discuss these things (just as we are doing now) without put-downs and attribution of bad faith and bad intent. I\u2019m glad that here we actually entertain different opinions. We\u2019re not a bunch of groupthink clones. I certainly don\u2019t wanna surround myself with a rah-rahing fan club that never disagrees with anything I say. That\u2019s dangerous.<\/p>\n<p>I used the specific term \u201cnegligence\u201d which might be thought to tie into \u201c<a href=\"https:\/\/en.wikipedia.org\/wiki\/Negligent_homicide\" class=\" decorated-link\" target=\"_blank\" rel=\"nofollow\">negligent homicide<\/a> \/ involuntary manslaughter.\u201d People still pay penalties for those. It\u2019s not like the temporary insanity defense.<\/p>\n<p><span style=\"color: #0000ff;\">Nobody \u201cknows\u201d for a fact, unless they are fortune tellers with an accurate crystal ball.\u00a0People have been told to flee before a hurricane, only to leave and die on the highways, or lose contact with family.\u00a0<\/span><\/p>\n<p><span style=\"color: #0000ff;\">Others stayed at home, and were told they would die, only to find that the storm moved direction and they survived without any serious problems. And at the Rio Grande, millions have crossed over the last 100 years and made it to the U.S.<\/span><\/p>\n<p><span style=\"color: #0000ff;\">No matter who is giving advice, there is the possibility of coming through risky behavior safe and sound, and there is the possibility of death. It is easy for us to quarterback on Monday.<\/span><\/p>\n<div class=\"\" data-block=\"true\" data-editor=\"1e3ou\" data-offset-key=\"211ui-0-0\">\n<div class=\"_1mf _1mj\" data-offset-key=\"211ui-0-0\"><span data-offset-key=\"211ui-1-0\">Let me ask you, then, Father: at what point would it become negligent, if this wasn\u2019t? If he was perfectly calm and calculated? If ten people instead of three (that we know of) told him not to do it: that it was too dangerous?<\/span><\/div>\n<\/div>\n<div class=\"\" data-block=\"true\" data-editor=\"1e3ou\" data-offset-key=\"eljur-0-0\">\n<div class=\"_1mf _1mj\" data-offset-key=\"eljur-0-0\"><span data-offset-key=\"eljur-0-0\">\u00a0<\/span><\/div>\n<\/div>\n<div class=\"\" data-block=\"true\" data-editor=\"1e3ou\" data-offset-key=\"4u71r-0-0\">\n<div class=\"_1mf _1mj\" data-offset-key=\"4u71r-0-0\"><span data-offset-key=\"4u71r-0-0\">We know that not all migrants are so out of their heads or minds that they would swim the river without giving it a second thought. At least one other migrant was among them.<\/span><\/div>\n<\/div>\n<div data-offset-key=\"4u71r-0-0\">*<\/div>\n<div data-offset-key=\"4u71r-0-0\">\n<p><span style=\"color: #0000ff;\">Other examples of desperation that we have defended because of the desperation of parents:<\/span><\/p>\n<p><span style=\"color: #0000ff;\">Fleeing Cuba on homemade rafts to reach the U.S.<\/span><\/p>\n<p><span style=\"color: #0000ff;\">Crossing the Berlin Wall and walking through minefields to reach W. Berlin.\u00a0<\/span><\/p>\n<p><span style=\"color: #0000ff;\">Escaping after the fall of Saigon out to sea on boats through waters patrolled by the Viet Cong.<\/span><\/p>\n<p><span style=\"color: #0000ff;\">Escaping N. Korea into machine gun fire, in the hopes of reaching freedom.\u00a0<\/span><\/p>\n<p><span style=\"color: #0000ff;\">And in all the above cases, Americans have praised and admired such defectors, knowing that U.S. law allowed such people immediate legal residency since they were fleeing communism.\u00a0<\/span><\/p>\n<p><span style=\"color: #0000ff;\">What makes those fleeing across the Rio Grande or the scorching desert at the border to be judged with less admiration is that they are not fleeing communism and they are unwanted.\u00a0<\/span><\/p>\n<p><span style=\"color: #0000ff;\">But I don\u2019t think their desperation is \u201cindefensible and unconscionable\u201d because we understand less, what it is that they are fleeing from.<\/span><\/p>\n<\/div>\n<div data-offset-key=\"4u71r-0-0\"><\/div>\n<div data-offset-key=\"4u71r-0-0\">Paul Hoffer:\u00a0<span style=\"color: #008000;\">With due respect Father, I would suggest that none of these situations were present here according to the man\u2019s own family.<\/span><\/div>\n<div data-offset-key=\"4u71r-0-0\">*<\/div>\n<div data-offset-key=\"4u71r-0-0\">\n<p><span style=\"color: #0000ff;\">Obviously the couple disagreed. The wife consented to go with her husband, and consented to take their daughter.<\/span><\/p>\n<p><span style=\"color: #0000ff;\">Besides the neighbors and friends of the couple who speak of the desperation to find work, and of having to be supported by the wife\u2019s family, there is the situation of their arrival at the border.<\/span><\/p>\n<p><span style=\"color: #0000ff;\">After having traveled 1,500 miles from El Salvador to the border, there was also confusion. What to do? Go back? They were within a mile of crossing into the U.S. With what money would they go back?\u00a0<\/span><\/p>\n<p><span style=\"color: #0000ff;\">The entry point on the U.S. side that was supposed to take them in, refused to do so.<\/span><\/p>\n<p><span style=\"color: #0000ff;\">I don\u2019t see the questions confronting them, and the decisions to be made, so easy at that point of \u201cjust about there, but not yet.\u201d\u00a0<\/span><\/p>\n<p><span style=\"color: #0000ff;\">This is why even the mom went into the Rio Grande, after allowing her husband to take the little girl. The mom was able to turn back when the current couldn\u2019t be fought. The man wasn\u2019t able to.<\/span><\/p>\n<p><span style=\"color: #0000ff;\">You might be right, and I might be wrong, but I don\u2019t think either of us can say we have been in their exact same situation\u2013and that the correct answer was clear as crystal.<\/span><\/p>\n<\/div>\n<div data-offset-key=\"4u71r-0-0\">We think differently of individuals deciding to take a huge risk for freedom. I think having a 23-month old daughter with him in a river like that makes a huge difference.<\/div>\n<div data-offset-key=\"4u71r-0-0\">\n<p>Everyone defending this keeps talking about the father. No one seems to want to consider the right of the innocent, helpless daughter to life, and the responsibility that parents have to protect their children.<\/p>\n<\/div>\n<div data-offset-key=\"4u71r-0-0\"><span style=\"color: #0000ff;\">I think that dad loved that little girl, and was more concerned for her well being, than you or anyone else who can post on Facebook.\u00a0<\/span><\/div>\n<div data-offset-key=\"4u71r-0-0\">\n<p>*<\/p>\n<p><span style=\"color: #0000ff;\">I<\/span><span style=\"color: #0000ff;\">t was precisely the futility of being supported by relatives who don\u2019t have the money to feed more mouths. It is the prospect of not being able to buy his little girl the food, clothing, and opportunities he wanted her to have, which took him to desperation.<\/span><\/p>\n<p><span style=\"color: #0000ff;\">Living far away from El Salvador, and the plight of people there, it is easy to calmly come to conclusions. But the mom and dad would not have made that trip and braved their dangers, except for love of their little girl and the desire to give her a better life.<\/span><\/p>\n<p><span style=\"color: #0000ff;\">And with that in mind, both mom and dad set across the Rio Grande because having seen, and having waded into rivers back in El Salvador, it did not seem overly dangerous to them.\u00a0<\/span><\/p>\n<p><span style=\"color: #0000ff;\">How many of us Americans have taken our own kids to rivers and lakes, only to see them drown in rivers that were more dangerous than we thought? Do our American parents also not consider the right of our drowned children to life? Let\u2019s not be callous.<\/span><\/p>\n<\/div>\n<div data-offset-key=\"4u71r-0-0\">I keep asking: at what point does it become negligent? We all agree that there is such a thing as a negligent parent, right? Can an immigrant of this sort (coming through Mexico) ever be negligent, or is culpability completely wiped out for each and every one because they are desperate and seeking to escape a hellhole and have a better life?<\/div>\n<div data-offset-key=\"4u71r-0-0\">*<\/div>\n<div data-offset-key=\"4u71r-0-0\">\n<p><span style=\"color: #0000ff;\">That is a separate question, as I have stated down below, and a different thread that would weigh and balance all the possible scenarios of the undocumented.\u00a0<\/span><\/p>\n<p><span style=\"color: #0000ff;\">To not go down that rabbit hole, what I can say, relevant to *this thread, is that I do not believe that the culpability of negligent homicide can be imputed to that man.<\/span><\/p>\n<\/div>\n<div data-offset-key=\"4u71r-0-0\"><span style=\"color: #0000ff;\">Right reason and prudence cannot be demanded of humans in the state of desperation and panic.<\/span><\/div>\n<div data-offset-key=\"4u71r-0-0\">\n<p>*<\/p>\n<p><span style=\"color: #0000ff;\">It\u2019s easy to be cerebral about this when we have not lived like others outside of our country.\u00a0<\/span><\/p>\n<p><span style=\"color: #0000ff;\">Right reason also leads to understanding of others, if we are humbly prepared for that grace of the Holy Spirit.<\/span><\/p>\n<\/div>\n<div data-offset-key=\"4u71r-0-0\"><span data-offset-key=\"a9dtb-0-0\">The \u201cleast of our brothers and sisters in Christ\u201d include a dead 2-year-old girl who had a father reckless enough to endanger her life and enable her death.\u00a0<\/span>Where is the concern for <em>her<\/em>? She was in the care of her father.<\/div>\n<div data-offset-key=\"a9dtb-0-0\">*<\/div>\n<div data-offset-key=\"a9dtb-0-0\">I don\u2019t think we can simply blame horrible living conditions. This man went and did an act that created horrible conditions (and eventual death) for his innocent daughter and himself, didn\u2019t he? He ignored the pleading of a fellow would-be migrant in the same situation.<\/div>\n<div data-offset-key=\"a9dtb-0-0\">*<\/div>\n<div data-offset-key=\"a9dtb-0-0\">\n<div class=\"\" data-block=\"true\" data-editor=\"bjalo\" data-offset-key=\"e1vu3-0-0\">\n<div class=\"_1mf _1mj\" data-offset-key=\"e1vu3-0-0\"><span data-offset-key=\"e1vu3-0-0\">I think this is more like negligent homicide or involuntary manslaughter, than it is like temporary insanity. The court system has these distinctions precisely because it recognizes (as the Church does) many levels of culpability.<\/span><\/div>\n<\/div>\n<div class=\"\" data-block=\"true\" data-editor=\"bjalo\" data-offset-key=\"d8s4b-0-0\">\n<div class=\"_1mf _1mj\" data-offset-key=\"d8s4b-0-0\"><span data-offset-key=\"d8s4b-0-0\">\u00a0<\/span><\/div>\n<\/div>\n<div class=\"\" data-block=\"true\" data-editor=\"bjalo\" data-offset-key=\"dlj4r-0-0\">\n<div class=\"_1mf _1mj\" data-offset-key=\"dlj4r-0-0\"><span data-offset-key=\"dlj4r-0-0\">It\u2019s the culpability we disagree about in this thread; not the Church\u2019s moral teaching.<\/span><\/div>\n<\/div>\n<div class=\"\" data-block=\"true\" data-editor=\"bjalo\" data-offset-key=\"dmd79-0-0\">\n<div class=\"_1mf _1mj\" data-offset-key=\"dmd79-0-0\"><span data-offset-key=\"dmd79-0-0\">\u00a0<\/span><\/div>\n<\/div>\n<div class=\"\" data-block=\"true\" data-editor=\"bjalo\" data-offset-key=\"ckarn-0-0\">\n<div class=\"_1mf _1mj\" data-offset-key=\"ckarn-0-0\"><span data-offset-key=\"ckarn-0-0\">There is such a thing as parental negligence. I think it is present in this instance, but I do agree that it is \u201cborderline\u201d in some ways. If he jumped in the water as a truly unhinged irrational person, etc., then it would be like temporary insanity. <\/span><\/div>\n<\/div>\n<div class=\"\" data-block=\"true\" data-editor=\"bjalo\" data-offset-key=\"dr5l3-0-0\">\n<div class=\"_1mf _1mj\" data-offset-key=\"dr5l3-0-0\"><span data-offset-key=\"dr5l3-0-0\">\u00a0<\/span><\/div>\n<\/div>\n<div class=\"\" data-block=\"true\" data-editor=\"bjalo\" data-offset-key=\"26p42-0-0\">\n<div class=\"_1mf _1mj\" data-offset-key=\"26p42-0-0\"><span data-offset-key=\"26p42-0-0\">Given the warnings from at least one person in the same situation, personally, I don\u2019t think that is the case. Even the aspect of leaving the daughter on the other side, so she could jump in the water: is <em>that<\/em>\u00a0not negligent? Wasn\u2019t she even left with someone to watch over her?<\/span><\/div>\n<\/div>\n<\/div>\n<div data-offset-key=\"26p42-0-0\">*<\/div>\n<div data-offset-key=\"26p42-0-0\">\n<p><span style=\"color: #0000ff;\">The young man who died was young\u2013let\u2019s not ascribe to him the wisdom of the elders. He was desperate to get into the U.S., having been turned away from the office where he was told that he needed to report in order to apply for asylum.<\/span><\/p>\n<p><span style=\"color: #0000ff;\">And let\u2019s not forget that the little girl\u2019s mother also entered the Rio Grande, and consented to have the little girl go with her dad. But she was able to turn around in time to make it back to the Mexican side when the water was too much for her.<\/span><\/p>\n<p><span style=\"color: #0000ff;\">So, the mother was in agreement with the father that they needed to cross the river and get to the U.S.<\/span><\/p>\n<\/div>\n<div data-offset-key=\"26p42-0-0\">I think reasonable people can disagree on this. I asked my wife what she thought of what he did, and if it was negligent. She immediately said \u201cyes!\u201d Now, maybe she didn\u2019t immediately consider every jot\u00a0and tittle of culpability (I suspect not), but in any event, that was her reaction.<\/div>\n<div data-offset-key=\"26p42-0-0\">\n<p>*<\/p>\n<p>Again, I appreciate the fact that we can disagree and not attribute ill motives to the other. I don\u2019t do that with you and it seems like you are not doing so back at me, either, Father. That is real discussion, and is what should be happening about every aspect of the border \/ immigration tragedy.<\/p>\n<p>There is plenty of middle ground where we could all agree if we would just talk and extend charity and benefit of the doubt to the other.<\/p>\n<\/div>\n<div data-offset-key=\"26p42-0-0\"><span style=\"color: #0000ff;\">Remember that the wife freely decided to go with her husband and to cross the Rio Grande also.\u00a0Where there is no middle ground, for me, is to attribute either ill motives to the dad who died, or even terms like \u201cnegligent homicide or involuntary manslaughter.\u201d\u00a0<\/span><\/div>\n<div data-offset-key=\"26p42-0-0\">\n<p><span style=\"color: #0000ff;\">These are the people I minister to, and who I have known as very close friends in 28 years as a priest. I speak to them in Spanish and have heard the harrowing tales over and over.\u00a0They have crossed the Rio Grande, they have crossed the Sonoran desert, they have come over in hidden compartments that they almost suffocated in.\u00a0And to have the life that they now have, and are able to provide for their children, they would do it again.\u00a0<\/span><\/p>\n<\/div>\n<div data-offset-key=\"26p42-0-0\"><span style=\"color: #0000ff;\">If your wife has lived the lives they have lived outside the U.S., then I would say she understands. But having interacted with these people and hearing their stories, I know for a fact that what is in their mind is to flee futility, hopelessness, and the inability to provide for their kids.<\/span><\/div>\n<div data-offset-key=\"26p42-0-0\">*<\/div>\n<div data-offset-key=\"26p42-0-0\">\n<p>I\u2019d like to hear, Father, at what point you would consider such a thing negligent?\u00a0There is such a thing as a negligent parent. If someone leaves a child, for example, in a locked automobile on a stifling hot sunny day and the child dies,\u00a0that is negligence.<\/p>\n<p>I don\u2019t think we can say that every would-be illegal immigrant is so out of their right minds with desperation that they cannot be held responsible for any harm that might come to their small children as a result of their actions.<\/p>\n<p>At <em>some<\/em>\u00a0point they are responsible. So where is that point? I\u2019m sincerely asking. I accept the fact that there are times where they are not culpable. It\u2019s an argument about the line. So I\u2019m asking.<\/p>\n<p>Certainly you can\u2019t argue that no immigrant trying to come into the US, in cases where children in their care died, ever had any responsibility for those tragic events.<\/p>\n<\/div>\n<div data-offset-key=\"26p42-0-0\"><span style=\"color: #0000ff;\">You are asking me to weigh and balance thousands of potential scenarios and circumstances. I\u2019m not going to go down that rabbit hole.\u00a0<\/span><\/div>\n<div data-offset-key=\"26p42-0-0\">\n<p>*<\/p>\n<p><span style=\"color: #0000ff;\">Suffice it to say, the mother who also waded into the Rio Grande testifies that to her, and to her husband, the waters seemed safe and navigable. I have no reason to say she is lying about what she perceived at that moment. If she and her husband believed they would drown, then that would have been negligent.<\/span><\/p>\n<\/div>\n<div data-offset-key=\"26p42-0-0\">If there are such cases, then reasonable, equally good Catholics can and may disagree whether the point was reached in individual cases (because that is the subjective element). I think that\u2019s what we have here.<\/div>\n<div data-offset-key=\"26p42-0-0\">\n<p>*<\/p>\n<p>I have immense respect for Fr. Angel, so I am taking his criticism very seriously, but I am not convinced that this is not negligence.<\/p>\n<\/div>\n<div data-offset-key=\"26p42-0-0\"><span style=\"color: #0000ff;\">Very well. But I do think you might see a larger panorama of reality if you knew and ministered to thousands of the undocumented, and heard of their lives before coming to the U.S. and during their travel here.<\/span><\/div>\n<div data-offset-key=\"26p42-0-0\">\n<p>*<\/p>\n<p><span style=\"color: #0000ff;\">I would say that the dad\u00a0was young and confused, not having enough experience with the dangers in the water.<\/span><\/p>\n<p><span style=\"color: #0000ff;\">Thus, his ability to see clearly was limited. In the same way\u00a0Dave, I think your ability to weigh the culpability of someone like this dad is slightly confused because of the lack of experience in ministering to, and being close enough to large numbers of the undocumented.<\/span><\/p>\n<p><span style=\"color: #0000ff;\">But that\u2019s a handicap which numerous Americans have. I had that also, until I became a priest.<\/span><\/p>\n<\/div>\n<div data-offset-key=\"26p42-0-0\">I\u2019m sure I would have a different view (or modified in some way). That\u2019s a valid point. We <strong><em>do<\/em><\/strong> need to hear the horror stories. I want to end this tragedy as much as you do. I want as many legal immigrants as we can take in. But we still have the right to border laws and criteria for entrance.<\/div>\n<div data-offset-key=\"26p42-0-0\">\n<p>*<\/p>\n<p>And I still don\u2019t know when a father becomes negligent! We all agree that it does happen.<\/p>\n<\/div>\n<div data-offset-key=\"26p42-0-0\">We also have to solve the problem of the next scenario where someone drowns. Something has to be done. We can prevent this. It doesn\u2019t have to be. There could be a number of different possible solutions, but what is going on now is unacceptable on many different grounds.<\/div>\n<div data-offset-key=\"26p42-0-0\">\n<p>*<\/p>\n<p>The extremes on both sides do no good:<\/p>\n<p>1. \u201cWe have to accept a billion refugees so they can have a better life.\u201d<\/p>\n<p>2. \u201cWe should accept no immigrants at all: even legal ones.\u201d<\/p>\n<p>We have to find a reasonable way to accept as many as we can handle, and to do so legally, not by means of this present madness, with people being exploited and dying and drugs coming into our country and killing hundreds of thousands as well.<\/p>\n<p>We <em>can<\/em>\u00a0solve this. We can do anything if we put our minds to it. But it\u2019ll never happen as long as we demonize each other.<\/p>\n<\/div>\n<div data-offset-key=\"26p42-0-0\"><span style=\"color: #008000;\">I wrote something similar to this in response to the posting of that photograph. That father was guilty of gross child abuse and\/or neglect. According to accounts from his own family that have been ignored by the MSM, he was not a victim of violence\u00a0or threatened to a dangerous situation. He had a job, a home, a family. He and his daughter were in a safe location waiting to make a fraudulent asylum claim. Impatient, tempted by by greed, he chose to put his daughter in danger . . .\u00a0<\/span><\/div>\n<div data-offset-key=\"26p42-0-0\">*<\/div>\n<div data-offset-key=\"26p42-0-0\">What do you think the charge would be in a court of law, Paul [he is an attorney]? And what would the likely verdict be?<\/div>\n<div data-offset-key=\"26p42-0-0\">*<\/div>\n<div data-offset-key=\"26p42-0-0\"><span style=\"color: #008000;\">I do not know Texas or Mexican law, but in Ohio\u00a0if they had lived, he would have been charged with felony child endangering and would have lost custody of his daughter as she would have been considered an abused or neglected child. The gist of the charges is that no caregiver or parent shall create a substantial risk to the health or safety of a child by violating a duty of care or protection owed to that child. Exposing a child to a risk of drowning by illegally crossing a dangerous river would certainly violate a duty of care or protection owed toward his child.<\/span><\/div>\n<div data-offset-key=\"26p42-0-0\">*<\/div>\n<div data-offset-key=\"26p42-0-0\">Wow. That\u2019s what I suspected. I think this is a good law, not a bad one.<\/div>\n<div data-offset-key=\"26p42-0-0\">*<\/div>\n<div data-offset-key=\"26p42-0-0\"><span style=\"color: #008000;\">Father Sotelo is certainly correct that there are situations where parents do have to weigh the risks of harm to a child and I do not suggest that every parent faced with such circumstances is guilty of endangering their child. That is why we do have asylum and refugee protections. What I am saying is that this case was not one if those situations based on the evidence that has been reported on.<\/span><\/div>\n<div data-offset-key=\"26p42-0-0\">*<\/div>\n<div data-offset-key=\"26p42-0-0\">\n<p><span style=\"color: #008000;\">I was a juvenile prosecutor and thereafter represented hundreds, if not thousands of parents in over 30 years practicing in that area of law.\u00a0<\/span><\/p>\n<p><span style=\"color: #008000;\">The legal question about a parent\u2019s responsibility towards one\u2019s children is separate issue from the morality of our country\u2019s immigration policies which I acknowledge are unjust. The question of the justness of our immigration laws do not justify a parent endangering their child to break those laws nor should [it] give parents an excuse to breach a duty owed to a child when it comes to protecting the gift of life God entrusts to parents.<\/span><\/p>\n<\/div>\n<p>***<\/p>\n<p><strong>Photo credit:<span style=\"color: #0000ff;\">\u00a0<\/span><\/strong><span style=\"color: #0000ff;\">A Border Patrol Riverine Unit conducts patrols in an Air and Marine Safe-Boat in South Texas along the Rio Grande river. They rescue a child who is stranded on the river bank of the Rio Grande. Photographer: Donna Burton (9-24-13)<\/span> [public domain \/ <a href=\"https:\/\/commons.wikimedia.org\/wiki\/File:Border_Patrol_Riverine_Unit_Rescues_Child_Stranded_on_Rio_Grande_River_Bank_(11965658903).jpg\" class=\" decorated-link\" target=\"_blank\" rel=\"nofollow\">Wikimedia Commons<\/a>]<\/p>\n<p>***<\/p>\n<p>\u00a0<\/p>\n<\/body><\/html>\n","protected":false},"excerpt":{"rendered":"<p>I have been accused by left-of-center polemicists\u00a0of being cruel and callous concerning human life. Sorry; I don\u2019t take to such things kindly. I had written: Of course, the latest liberal \/ RINO uproar has to do with the sad photograph of a man and his child, who drowned while trying to illegally cross the border [&hellip;]<\/p>\n","protected":false},"author":2331,"featured_media":34914,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[289],"tags":[2777,4316,1015,4311,4310,4315,4314,1516,1892,4312,4309,4313,8958,8961],"class_list":["post-34911","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-political-ethical-moral-issues","tag-border-crisis","tag-catholic-church-immigration","tag-catholic-social-teaching","tag-children-of-illegal-immigrants","tag-daca","tag-deportation","tag-dreamers","tag-illegal-immigrants","tag-illegal-immigration","tag-immigration-laws","tag-immigration-policy","tag-legal-immigrants","tag-rio-grande","tag-rio-grande-drownings"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v21.1 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Migrant Who Drowned w Infant Daughter Was Warned, Negligent<\/title>\n<meta name=\"description\" content=\"The Catholic solution is to stop illegal immigration &amp; thoroughly reform the asylum system, so that many millions can enter legally. 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Formerly a campus missionary, as a Protestant, Dave was received into the Catholic Church in February 1991, by the late, well-known catechist and theologian, Fr. John A. Hardon, S. J. Dave\u2019s articles have appeared in many influential Catholic periodicals, including \\\"This Rock\\\" (now called \\\"Catholic Answers Magazine\\\"), \\\"Envoy Magazine\\\" (Patrick Madrid), \\\"The Catholic Answer,\\\" \\\"The Coming Home Journal,\\\" \\\"Gilbert Magazine\\\" (American Chesterton Society), and \\\"The Latin Mass.\\\" He also writes a featured column for every issue of \\\"The Michigan Catholic\\\": published by the archdiocese of Detroit, and was editor for most of the apologetics tracts published by the St. Paul Street Evangelization apostolate. Dave\u2019s apologetics and writing apostolate was the subject of a feature article in the May 2002 issue of \\\"Envoy Magazine.\\\" He served as the staff moderator at the Internet discussion forum for The Coming Home Network, from 2007-2010. Dave has been interviewed on many nationally syndicated Catholic radio shows, including \\\"Catholic Answers Live\\\" (twice), \\\"Faith and Family Live\\\" (Steve Wood), \\\"Kresta in the Afternoon,\\\" \\\"Son Rise Morning Show,\\\" \\\"Catholic Connection\\\" (Teresa Tomeo), and \\\"The Catholics Next Door.\\\" His large and popular website, \\\"Biblical Evidence for Catholicism,\\\" was online from March 1997 to March 2007, and received the 1998 Catholic Website of the Year award from \\\"Envoy Magazine.\\\" His blog of the same name (now transferred to Patheos), begun in February 2004, contains more than 1,500 papers, at least 500 debates or dialogues, and over 50 distinct \\\"index\\\" web pages. Unsolicited correspondence has indicated many hundreds of conversions (or returns) to the Catholic faith as a result, by God's grace, of these writings. Dave's conversion story was published in the bestselling book \\\"Surprised by Truth\\\" (edited by Patrick Madrid; San Diego: Basilica Press, 1994). Sophia Institute Press has published six of his books: \\\"A Biblical Defense of Catholicism\\\" (Foreword by Fr. John A. Hardon, S. J., 1996 \/ 2003), \\\"The Catholic Verses\\\" (2004), \\\"The One-Minute Apologist\\\" (2007), \\\"Bible Proofs for Catholic Truths\\\" (2009), \\\"The Quotable Newman\\\" (editor: 2012), and \\\"Proving the Catholic Faith is Biblical\\\" (2015). He is co-author (with Dr. Paul Thigpen) of the inserts for \\\"The New Catholic Answer Bible\\\" (Our Sunday Visitor: 2005), and editor for \\\"The Wisdom of Mr. Chesterton: The Very Best Quotes, Quips, and Cracks from the Pen of G. K. Chesterton\\\" (Saint Benedict Press \/ TAN Books: 2009). \\\"100 Biblical Arguments Against Sola Scriptura\\\" was published by Catholic Answers in May 2012. His \\\"Quotable Wesley\\\" compilation was published by (Protestant \/ Wesleyan publisher) Beacon Hill Press in April 2014. Several of his 49 books are bestsellers in their field. Dave maintains a popular personal Facebook page, a Facebook author page, and has a Twitter account as well. He offers almost all of his books in e-book form on his own Biblical Catholicism site (http:\/\/biblicalcatholicism.com\/), at a permanent deep discount: only $2.99 for ePub, mobi, and AZW, and $1.99 for PDF. His writing has been enthusiastically endorsed or recommended by many leading Catholic apologists, authors, and priests, including Dr. Scott Hahn, Fr. Peter M. J. Stravinskas, Marcus Grodi, Patrick Madrid, Steve Ray, Tim Staples, Devin Rose, Mike Aquilina, Al Kresta, Karl Keating, Fr. Dwight Longenecker, Brandon Vogt, Marcellino D'Ambrosio, and Fr. John A. Hardon, S. J. Dave has been happily married to his wife Judy since October 1984. They have three sons and a daughter, and reside in southeast Michigan (metro Detroit).\",\"sameAs\":[\"https:\/\/biblicalcatholicism.com\/\",\"https:\/\/www.facebook.com\/dave.armstrong.798\",\"https:\/\/www.youtube.com\/@LuxVeritatisApologetics\"],\"url\":\"https:\/\/www.patheos.com\/blogs\/davearmstrong\/author\/davearmstrong\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Migrant Who Drowned w Infant Daughter Was Warned, Negligent","description":"The Catholic solution is to stop illegal immigration & thoroughly reform the asylum system, so that many millions can enter legally. 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A Debate"}]},{"@type":"WebSite","@id":"https:\/\/www.patheos.com\/blogs\/davearmstrong\/#website","url":"https:\/\/www.patheos.com\/blogs\/davearmstrong\/","name":"Biblical Evidence for Catholicism","description":"Catholic biblical apologetics","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.patheos.com\/blogs\/davearmstrong\/?s={search_term_string}"},"query-input":"required name=search_term_string"}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/www.patheos.com\/blogs\/davearmstrong\/#\/schema\/person\/471eaa20e441eca4bb1ea50393cf632e","name":"Dave Armstrong","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.patheos.com\/blogs\/davearmstrong\/#\/schema\/person\/image\/","url":"https:\/\/secure.gravatar.com\/avatar\/820e6db89734ae7a9e5dac8d498f5ac7?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/820e6db89734ae7a9e5dac8d498f5ac7?s=96&d=mm&r=g","caption":"Dave Armstrong"},"description":"Dave Armstrong is a Catholic author and apologist, who has been actively proclaiming and defending Christianity since 1981, and Catholicism in particular since 1991 (full-time since December 2001). Formerly a campus missionary, as a Protestant, Dave was received into the Catholic Church in February 1991, by the late, well-known catechist and theologian, Fr. John A. Hardon, S. J. Dave\u2019s articles have appeared in many influential Catholic periodicals, including \"This Rock\" (now called \"Catholic Answers Magazine\"), \"Envoy Magazine\" (Patrick Madrid), \"The Catholic Answer,\" \"The Coming Home Journal,\" \"Gilbert Magazine\" (American Chesterton Society), and \"The Latin Mass.\" He also writes a featured column for every issue of \"The Michigan Catholic\": published by the archdiocese of Detroit, and was editor for most of the apologetics tracts published by the St. Paul Street Evangelization apostolate. Dave\u2019s apologetics and writing apostolate was the subject of a feature article in the May 2002 issue of \"Envoy Magazine.\" He served as the staff moderator at the Internet discussion forum for The Coming Home Network, from 2007-2010. Dave has been interviewed on many nationally syndicated Catholic radio shows, including \"Catholic Answers Live\" (twice), \"Faith and Family Live\" (Steve Wood), \"Kresta in the Afternoon,\" \"Son Rise Morning Show,\" \"Catholic Connection\" (Teresa Tomeo), and \"The Catholics Next Door.\" His large and popular website, \"Biblical Evidence for Catholicism,\" was online from March 1997 to March 2007, and received the 1998 Catholic Website of the Year award from \"Envoy Magazine.\" His blog of the same name (now transferred to Patheos), begun in February 2004, contains more than 1,500 papers, at least 500 debates or dialogues, and over 50 distinct \"index\" web pages. Unsolicited correspondence has indicated many hundreds of conversions (or returns) to the Catholic faith as a result, by God's grace, of these writings. Dave's conversion story was published in the bestselling book \"Surprised by Truth\" (edited by Patrick Madrid; San Diego: Basilica Press, 1994). Sophia Institute Press has published six of his books: \"A Biblical Defense of Catholicism\" (Foreword by Fr. John A. Hardon, S. J., 1996 \/ 2003), \"The Catholic Verses\" (2004), \"The One-Minute Apologist\" (2007), \"Bible Proofs for Catholic Truths\" (2009), \"The Quotable Newman\" (editor: 2012), and \"Proving the Catholic Faith is Biblical\" (2015). He is co-author (with Dr. Paul Thigpen) of the inserts for \"The New Catholic Answer Bible\" (Our Sunday Visitor: 2005), and editor for \"The Wisdom of Mr. Chesterton: The Very Best Quotes, Quips, and Cracks from the Pen of G. K. Chesterton\" (Saint Benedict Press \/ TAN Books: 2009). \"100 Biblical Arguments Against Sola Scriptura\" was published by Catholic Answers in May 2012. His \"Quotable Wesley\" compilation was published by (Protestant \/ Wesleyan publisher) Beacon Hill Press in April 2014. Several of his 49 books are bestsellers in their field. Dave maintains a popular personal Facebook page, a Facebook author page, and has a Twitter account as well. He offers almost all of his books in e-book form on his own Biblical Catholicism site (http:\/\/biblicalcatholicism.com\/), at a permanent deep discount: only $2.99 for ePub, mobi, and AZW, and $1.99 for PDF. His writing has been enthusiastically endorsed or recommended by many leading Catholic apologists, authors, and priests, including Dr. Scott Hahn, Fr. Peter M. J. Stravinskas, Marcus Grodi, Patrick Madrid, Steve Ray, Tim Staples, Devin Rose, Mike Aquilina, Al Kresta, Karl Keating, Fr. Dwight Longenecker, Brandon Vogt, Marcellino D'Ambrosio, and Fr. John A. Hardon, S. J. Dave has been happily married to his wife Judy since October 1984. They have three sons and a daughter, and reside in southeast Michigan (metro Detroit).","sameAs":["https:\/\/biblicalcatholicism.com\/","https:\/\/www.facebook.com\/dave.armstrong.798","https:\/\/www.youtube.com\/@LuxVeritatisApologetics"],"url":"https:\/\/www.patheos.com\/blogs\/davearmstrong\/author\/davearmstrong"}]}},"_links":{"self":[{"href":"https:\/\/www.patheos.com\/blogs\/davearmstrong\/wp-json\/wp\/v2\/posts\/34911","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.patheos.com\/blogs\/davearmstrong\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.patheos.com\/blogs\/davearmstrong\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.patheos.com\/blogs\/davearmstrong\/wp-json\/wp\/v2\/users\/2331"}],"replies":[{"embeddable":true,"href":"https:\/\/www.patheos.com\/blogs\/davearmstrong\/wp-json\/wp\/v2\/comments?post=34911"}],"version-history":[{"count":0,"href":"https:\/\/www.patheos.com\/blogs\/davearmstrong\/wp-json\/wp\/v2\/posts\/34911\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.patheos.com\/blogs\/davearmstrong\/wp-json\/wp\/v2\/media\/34914"}],"wp:attachment":[{"href":"https:\/\/www.patheos.com\/blogs\/davearmstrong\/wp-json\/wp\/v2\/media?parent=34911"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.patheos.com\/blogs\/davearmstrong\/wp-json\/wp\/v2\/categories?post=34911"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.patheos.com\/blogs\/davearmstrong\/wp-json\/wp\/v2\/tags?post=34911"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}