Posted on 05/15/2015 12:32:58 PM PDT by nickcarraway
For the thousands of mix-status families in San Diego, the fear of a loved one being deported is always present. For one National City family, that nightmare has come true, and they’re pleading for a kind of legal leniency the Department of Homeland Security (DHS) is able to provide depending on the case’s circumstances.
On April 25, 46-year-old Enrique Cervantes made a wrong turn and accidently drove through a Border Patrol checkpoint near Jamul. He is an undocumented citizen. His wife and five children are U.S. citizens. After being apprehended, his attorney says Cervantes was interviewed by Border Patrol and put on a bus to Mexico.
“My husband hasn’t been to Mexico in…not through his life. He doesn’t know around there. When they told me he was sent back through Yuma, all I did was run and scream to God, ‘Where is my husband!’” said Marisol Cervantes, his wife. The father of five and church preacher first came to the U.S. when he was 11 years old. In 1993, he was convicted of being under the influence of drugs and deported. His wife, family and attorney say that’s when he turned things around, found God and dedicated his life to being a contributing member of society.
Before being deported, Cervantes was the sole breadwinner for his five children. His youngest daughter has Down syndrome. “It’s hard for her to understand what’s going on, but she knows daddy is not home,” said his wife. May Storm: Rescues, Flooding and Lightning
Cervantes’ family, his community, the local ACLU and several other groups say he should’ve received a kind of immigration leniency called prosecutorial discretion.
“The Department of Homeland Security has the discretion that if someone is not a threat to national security and has positive equity in the U.S. (family members, time lived in America, etc.), they may be eligible for DHS to ignore them and not deport them,” explained immigration and criminal defense attorney Saman Nessari.
“Prosecutorial discretion is part of immigration law that is not black and white. It’s discretionary. It’s a shade of gray. They have to look at all the elements of his life: what he’s doing now, where he’s at now, what happened, etc.” Nessari added.
Cervantes’ attorney says the way her client was processed was not fair. She says he was not given a fair chance to explain why he qualified for prosecutorial discretion.
The U.S. Border Patrol provided NBC 7 with this statement:
The U.S. Border Patrol is aware of the case regarding Mr. Cervantes. Mr. Cervantes was considered for prosecutorial discretion. However, his case did not meet Department of Homeland Security guidelines.
Cervantes’ community and attorneys are now helping him apply for humanitarian parole. His family tries to see him in Mexico as often as they can, but say it’s very difficult logistically and emotionally.
I think you have to cool your heels off in your country of origin for a number of years, while waiting for your green card to be approved. It's obviously very traumatic for the spouse, let alone the children. I could see a divorce resulting from a repatriation. And for a Protestant preacher in English, I expect it would be doubly traumatic to be sent back to a Spanish-speaking country where the predominant religion is Catholicism. What's good enough for ordering food in a Spanish-themed restaurant or dealing with Hispanic day laborers isn't quite good enough for church sermons.
Yup big question mark on that, and if he found God and devoted his life, why the lying, falsehood and living illegally? I'd say the morals he was teaching his kids were pretty poor.
exactly
He did not feel the need to get “legal” until he got caught. Why should we let him enjoy what he took illegally when there are so many who want to do it the right way.
This trying to make us feel sorry for these law breakers has gotten OLD.
I save my compassion for all those waiting in line who respect our laws.
“He is an undocumented citizen”
No such thing.
L
It seems obvious that this guy was deported when others have been released primarily because he is a Christian - just another example of the Administration's war on faith.
Please note that I am not saying that he should not have been deported as an illegal - I all I am saying is that the Obama Administration seems to be happy to keep felons who are illegal (and thus probably liberal) here, but eager to deport illegals who are Christians (and thus might be conservative).
What an abuse of the language!
Much more to this sob story. My instincts say “EAT SH’ITIE AND DIE” no apologies!
Im a third generation American, on one side, my wife is a legal immigrant and we are both better Americans than an registered Democrats..any..living or dead!
There isnt a thing wrong with LEGAL immigrants!
Because he’s not a criminal, gang-banger, parentless child, etc., etc.
See how easy this was to resolve!
Next question...
It's just that we have 11.7 Million Shades of Gray in this country right now.
God works in mysterious ways...maybe Mr. Cervantes’ calling is now in Mexico?
He is also a giant midget, and a carnivorous vegetarian.
We keep being told lately about this fear of deportation. What the heck? For decades, illegals have been deported and are back across two weeks later. Nothing happens to them except a free bus ride back to visit grandma. The fear is nowhere but in lib journalists demented minds.
Reading between the lines, "under the influence of drugs" could mean he was a drug dealer who was convicted for that offense.
A wily coyote will have him over the border the day after he's deported.
A WHAT???
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