Posted on 03/05/2008 3:36:56 PM PST by SmithL
Now, on the eve of an immigration court hearing that could decide their fate, the Pachecos and their attorneys are making a touchy allegation: They contend Immigration and Customs Enforcement agents targeted the family to silence Gaby, a leader in efforts to legalize immigrant students who, like herself, were brought to the United States by their parents without permanent legal status.
In an e-mailed response to a request for comment, ICE spokeswoman Barbara Gonzalez declined to address the allegations, citing the pending court case, but added: ``What I can tell you is that ICE officers are sworn to uphold our nation's immigration laws. Those who are in violation of U.S. law should not be surprised if they are arrested.''
Gaby Pacheco, 23, who is from Ecuador, is not directly affected by the deportation effort because she has a student visa to attend MDC, where she is studying for a degree in special education.
She calls ICE's effort to deport her family members ''punishment'' for her advocacy. She contends ICE officials told her sister while the family was detained that they had Pacheco's activism to thank for their detention.
''It was heartbreaking for me,'' Pacheco said Tuesday during a news conference at the office of the family's attorney, Ira Kurzban. ``I never imagined something like this would happen just because I have been outspoken in saying that every human being has a right to an education.''
TOURIST VISAS
Pacheco and her two sisters were brought to Miami by her parents in 1993 with tourist visas. The family remained after the visas expired. While overstaying a visa is not a crime, it means the family can be ordered deported by an immigration judge.
The four Pacheco family members now facing deportation are scheduled for a court hearing Thursday.
Pacheco, who has lobbied Congress and state legislators and organized student rallies on behalf of undocumented students, has often been featured in media reports over the past few years.
Students Working for Equal Rights, the organization in which Pacheco has been active, will hold a demonstration at 1 p.m. Thursday at MDC's Wolfson Campus in downtown Miami to rally support for the family.
Pacheco, a former president of MDC's student association, has continued her activism since the detentions. She was prominent last year in supporting a bill in Congress known as the DREAM Act. It would allow the children of illegal immigrants a shot at legal U.S. residency after attending college or serving in the military for two years.
The long-stalled bill was revived after the highly publicized case of brothers Alex and Juan Gomez, who were detained by ICE along with their parents, who had brought them from Colombia as young boys.
The bill died when the U.S. Senate refused to take it up for debate.
After graduating high school in Miami, Gaby Pacheco obtained an international student visa that allows her to attend MDC while working 20 hours a week to help pay tuition.
WHAT HAPPENED
Family members say three ICE agents, accompanied by Miami-Dade police officers, woke them around dawn on July 26, 2006.
The family gave this account: The agents said they were looking for a Maria Pacheco Chavez, who might be involved in document fraud. Two of the Pacheco sisters are named Maria -- including Gaby, whose full name is Maria Gabriela -- but neither one has the Chavez surname.
Told there was no one at the house by that name, the agents then focused on the family. Eventually, all five wound up at ICE offices at Biscayne Boulevard and 79th Street, where they were questioned. Initially, they contend, agents confused one of Gaby's sisters, Erica, with the student activist.
'They asked her, `Why are you coming out on TV and saying those things?' '' Gaby Pacheco said.
While the Pachecos say the agents told them they came to their house in error, that comment and others they describe convinced the family that ICE knew who Gaby was.
Their attorney, Kurzban, said it's a case of selective prosecution and a First Amendment violation.
Gaby Pacheco's family faces deportation. She has a student visa to attend Miami Dade College.
Knowing how the feds tend to support illegals over Americans...i suspect this woman’s claim are not legit
She ought to be thankful her fa,ily did not receive the same treatment as two Hispanic Americans did....Ignacio Ramos and Jose Compean.
“They contend Immigration and Customs Enforcement agents targeted the family to silence Gaby, a leader in efforts to legalize immigrant students”
Sounds like a good idea to me,
Since when is it not a crime? If it is not a crime then what is the point of an expiration date on a visa?
If ICE is targeting a rabble rouser like Gaby for deportation then they’re doing exactly what we’re paying them for. Good job ICE!!!
A Huckabee voter? Or McCain?
bye bye Gaby and family or should I say Via con dios Gaby
Translation of the LEFT HERALD article: The LAWYERS are worried they are going to lose after being paid so they are creating a failsafe.
IOOW she has no case and knows it.

Target all illegal alien insurgent criminal invaders
If they want to be the squeaky wheel, deport all of them if they have broken our laws.
One down, 20-30 million to go.
“In July 2006, U.S. immigration agents rousted Miami Dade College student-activist Gaby Pacheco’s parents and two sisters from sleep, briefly detained them, and put them into deportation proceedings.”
Why are they still here?? as for first amendment rights, your not a citizen, you have no rights.
mmmmmm
so I came here from England legally, I went on a J visa knowing when my time was up I had to go back to England and wait to see if the immigration would renew my visa
I knew what was expected of me and I went by the laws and rules
Now I was fortunate that I got a visa renewed, I now came back over after months IN ENGLAND and did my job .
After that time was up I went back again to England to see if a green card and then hopefully citizenship would be accpeted
It was but it cose my lots of money and took years of trying
Now if my visa was not renewed or my employer thought I was not good enough I would have to go home and I would not have moaned as I knew the rules
I never had kids in America until I was settled as I neevr wanted to be deported and split my kids away from me unless I took them
yes I took them with me and it was my repsonsibility if my family had been seperated not Americas’ FAULT
I am now a proud American citizen and have 3 kids, a job and a wife
I chose England as I never wanted to learn another language as I nevr had the time to do so
so to end this rant
I came here knowing the language I had to speak
I came here wanting the American dream and got it through hard work
I knew the rules and not once did I break them nor did could I moan or expect rules to be broken if my time was up or it never worked out
I did the resposible thing and never had kids until I was settled marriage wise, job wise , money wise and msot of all legal immigrant status wise
I respected the laws, respected this country and her people, I did everything out of my own pocket costing thousands, I did the finger prints, did the interviews, I did the travelling back to my country a few times, I did the waiting, I did not moan
SO why do some certain people from certain countries think they should have special rules applied to them and even jump ahead of say Europeans.
Why do they think that it is America who owes them instead of them owing America for the opportunity
Theyu need to abide by the laws and stop the moaning or wanting the special rights for them
get back to your country and wait like so many people who do immigration the legal way
SORRY for the rant but people like her and this fool geraldo make my blood boil
P.S
Please excuse the mistakes of spelling as I typed fast to get the kids into bed soon
THANK YOU AMERICA FOR EVERYTHING I OWE YOU
should say I chose America not England
Sorry, I tried to hold off, so someone else could say it first, but it does need to be said.
Whether her complaint is true or not, she’s really kind of stipid. If I had vulnerable family members, I’d probably keep a low profile so as not to attract attention to them.
Her family members have her to thank for their deportation.
Thanks for sharing.
Many of us here are tough on illegals, but we show utmost respect for all legal immigrants.
I do especially since I was born overseas....to a US serviceman and a German mother.
Send the all home and then find out how someone who entered the country illegal got a student visa, and who is pay for her out of state education?
Double guilty,
Thank You, It is wonderful to hear that our lifestyle and culture is desirable. It must infuriate you to see clowns carrying flags from foreign countries, demanding rights when they do not even have the right to be here. It is unfortunate that so many politicians are kowtowing to these people.
While belated, I would like to welcome you to our country.
BWHHAAAA!!!! Every human being has a right to an education, and it is MY duty to pay for it!!!!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.