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No sanctuary from deportation as migrants stay trapped in a legal limbo No sanctuary from deportation as migrants stay trapped in a legal limbo
(about 4 hours later)
When Rosa Robles moved into a Presbyterian church in Tucson, Arizona, to avoid deportation she hoped it would be a brief stay. When Rosa Robles moved into a Presbyterian church in Tucson, Arizona, to avoid deportation, she hoped it would be a brief stay.
The Mexican maid, after all, was not one of the “criminals” or “gang bangers” Barack Obama prioritised for banishment. She was one of the folks, as the president put it, who was in the United States just “trying to figure out how to feed their families”.The Mexican maid, after all, was not one of the “criminals” or “gang bangers” Barack Obama prioritised for banishment. She was one of the folks, as the president put it, who was in the United States just “trying to figure out how to feed their families”.
Robles and a legion of supporters hoped authorities would swiftly put a stay on her “order of removal” so she could return to her husband, children and job. That was 10 months ago.Robles and a legion of supporters hoped authorities would swiftly put a stay on her “order of removal” so she could return to her husband, children and job. That was 10 months ago.
Last week the undocumented migrant sat in the windowless room that serves as her living quarters, a reluctant symbol of the paralysis in immigration reform. “It’s been a struggle. It’s hard. I’m a little tired,” she said.Last week the undocumented migrant sat in the windowless room that serves as her living quarters, a reluctant symbol of the paralysis in immigration reform. “It’s been a struggle. It’s hard. I’m a little tired,” she said.
Robles, 41, does not dare step out of the grounds of Southside Presbyterian Church’s adobe clay structure lest Immigration and Customs Enforcement (ICE) agents nab and dump her across the border, putting a forbidding desert and border security system between her and her family. “Once I leave, at any moment they could deport me,” she said, speaking in Spanish.Robles, 41, does not dare step out of the grounds of Southside Presbyterian Church’s adobe clay structure lest Immigration and Customs Enforcement (ICE) agents nab and dump her across the border, putting a forbidding desert and border security system between her and her family. “Once I leave, at any moment they could deport me,” she said, speaking in Spanish.
When the Guardian first interviewed Robles last December she expressed cautious optimism of a breakthrough. “Every day I wake up and think today could be the day I leave,” she said then. When the Guardian first interviewed Robles last December, she expressed cautious optimism of a breakthrough. “Every day I wake up and think today could be the day I leave,” she said then.
Now she is worried authorities are leaving her and other putative deportees in limbo. “It’s a game for them and we’re the ball being tossed. They’re playing with our feelings and dreams.” Supporters campaign for her under the slogan Stand With Rosa.Now she is worried authorities are leaving her and other putative deportees in limbo. “It’s a game for them and we’re the ball being tossed. They’re playing with our feelings and dreams.” Supporters campaign for her under the slogan Stand With Rosa.
It’s a game for them and we’re the ball being tossed. They’re playing with our feelings and dreamsIt’s a game for them and we’re the ball being tossed. They’re playing with our feelings and dreams
Lawyers and activists say the case is a touchstone that reflects a gap between the White House’s desire for immigration reform and ICE’s actions in the field, which they say still target non-criminals, despite Obama’s directive that prosecutions should focus on “felons, not families”.Lawyers and activists say the case is a touchstone that reflects a gap between the White House’s desire for immigration reform and ICE’s actions in the field, which they say still target non-criminals, despite Obama’s directive that prosecutions should focus on “felons, not families”.
Robles, who moved to the US in 1999 without documentation, is in theory a low priority for deportation. She has no criminal record. Her two sons, Jose Emiliano, nine, and Gerardo, 12, are not US citizens but grew up in Arizona, play baseball and prefer English to Spanish.Robles, who moved to the US in 1999 without documentation, is in theory a low priority for deportation. She has no criminal record. Her two sons, Jose Emiliano, nine, and Gerardo, 12, are not US citizens but grew up in Arizona, play baseball and prefer English to Spanish.
Robles got snagged in September 2010 when, on her way to work, she drove on the wrong side of traffic cones in a construction zone. The sheriff’s deputy who pulled her over did not issue a ticket but called ICE agents, triggering deportation proceedings. The use of traffic stops to summon immigration officials is the source of an old, bitter joke among immigrants about being found guilty of driving while Mexican.Robles got snagged in September 2010 when, on her way to work, she drove on the wrong side of traffic cones in a construction zone. The sheriff’s deputy who pulled her over did not issue a ticket but called ICE agents, triggering deportation proceedings. The use of traffic stops to summon immigration officials is the source of an old, bitter joke among immigrants about being found guilty of driving while Mexican.
Robles was held for 53 days in detention before being released on bond and placed in removal proceedings. After four years of fruitless appeals she was told she would be deported on 8 August 2014. She entered the church on 7 August, leaving her husband, Gerardo, 41, a landscaper, to care for their sons.Robles was held for 53 days in detention before being released on bond and placed in removal proceedings. After four years of fruitless appeals she was told she would be deported on 8 August 2014. She entered the church on 7 August, leaving her husband, Gerardo, 41, a landscaper, to care for their sons.
The same church sparked a sanctuary movement in the 1980s by taking in migrants fleeing wars and persecution in central America.The same church sparked a sanctuary movement in the 1980s by taking in migrants fleeing wars and persecution in central America.
Robles and her supporters – Tucson faith congregations and advocacy groups such as No More Deaths - had reason to hope for a swift resolution. Obama had repeatedly said criminals, not hardworking parents, should be the priority for expulsion. Three months after she entered sanctuary the president announced an executive action protecting about 4.7 million undocumented immigrants from removal. Robles and her supporters – Tucson faith congregations and advocacy groups such as No More Deaths – had reason to hope for a swift resolution. Obama had repeatedly said criminals, not hardworking parents, should be the priority for expulsion. Three months after she entered sanctuary, the president announced an executive action protecting about 4.7 million undocumented immigrants from removal.
Enforcers and policy makers – a ‘disconnect’Enforcers and policy makers – a ‘disconnect’
Robles, watching on the television beside her bunk bed, cheered. The policy overhaul included her two sons. And although expanded executive action wouldn’t include Robles, it gave her lawyers a new argument that she should be granted deportation relief. Robles, watching on the television beside her bunk bed, cheered. The policy overhaul applied to her two sons. And although expanded executive action wouldn’t include Robles, it gave her lawyers a new argument that she should be granted deportation relief.
But ICE did not budge. Margo Cowan, Robles’s lawyer, said bureaucratic inertia impeded the agency’s response to Obama’s commands.But ICE did not budge. Margo Cowan, Robles’s lawyer, said bureaucratic inertia impeded the agency’s response to Obama’s commands.
Travis Silva, an Equal Justice Works Fellow with the Lawyers’ Committee for Civil Rights, said there was a “disconnect” between field enforcers and policy makers. “In Washington the political leadership has produced guidance about who should and should not be deported. It varies widely across the country where that advice is followed or ignored or is even part of the calculus.”Travis Silva, an Equal Justice Works Fellow with the Lawyers’ Committee for Civil Rights, said there was a “disconnect” between field enforcers and policy makers. “In Washington the political leadership has produced guidance about who should and should not be deported. It varies widely across the country where that advice is followed or ignored or is even part of the calculus.”
Arizona, a deep red state, prides itself on detaining and expelling undocumented migrants. It is home to Sheriff Joe Arpaio, who is notorious for racial profiling, and the anti-illegal immigration law known as SB 1070.Arizona, a deep red state, prides itself on detaining and expelling undocumented migrants. It is home to Sheriff Joe Arpaio, who is notorious for racial profiling, and the anti-illegal immigration law known as SB 1070.
In February a federal district judge in Texas, Andrew Hanen, dealt another blow to Robles by blocking Obama’s executive action, miring the reform in legal uncertainty – which may continue until 2017.In February a federal district judge in Texas, Andrew Hanen, dealt another blow to Robles by blocking Obama’s executive action, miring the reform in legal uncertainty – which may continue until 2017.
Robles said in a meeting with her supporters, including Democratic congressman Luis Gutiérrez, an ICE representative said she was not a priority for deportation but that the agency would not formally stay the order, in effect saying there would be a small but real risk of deportation if she left the church. Robles said that in a meeting with her supporters, including Democratic congressman Luis Gutiérrez, an ICE representative said she was not a priority for deportation but that the agency would not formally stay the order, in effect saying there would be a small but real risk of deportation if she left the church.
Robles’ supporters are lobbying Jeh Johnson, the Homeland Security secretary, and other Department of Justice officials in Washington. “One door closes so we knock on another. This struggle is not mine alone. It’s the community’s,” she said.Robles’ supporters are lobbying Jeh Johnson, the Homeland Security secretary, and other Department of Justice officials in Washington. “One door closes so we knock on another. This struggle is not mine alone. It’s the community’s,” she said.
Robles thinks ICE does not wish to let her off the hook to avoid encouraging other attempts at sanctuary. “If they close my case many people in similar situations could flood the churches.” Robles thinks ICE does not wish to let her off the hook to avoid encouraging other attempts at sanctuary. “If they close my case, many people in similar situations could flood the churches.”
Neither ICE nor Gutiérrez’s office responded to requests for comment.Neither ICE nor Gutiérrez’s office responded to requests for comment.
Last week ICE granted a stay of removal to another undocumented migrant, Daniel Neyoy Ruiz, 37, days after he sought sanctuary at the First Christian Church, near Robles’s church. Neyoy, a building maintenance supervisor, first went into sanctuary last year to avoid deportation. The father of US citizen children, he emerged after obtaining a 12-month stay on his deportation order. Last week ICE granted a stay of removal to another undocumented migrant, Daniel Neyoy Ruiz, 37, days after he sought sanctuary at the First Christian Church, near Robles’s church. Neyoy, a building maintenance supervisor, first went into sanctuary last year to avoid deportation. The father of children who are US citizens, he emerged after obtaining a 12-month stay on his deportation order.
Its imminent expiration prompted last week’s brief return to sanctuary. ICE’s decision to issue another 12-month stay prompted a multi-denominational celebration at the church, where he hugged his family and sang with friends. “I’m so happy I don’t even know how to express myself right now,” Neyoy told the Guardian. “With God, anything is possible.”Its imminent expiration prompted last week’s brief return to sanctuary. ICE’s decision to issue another 12-month stay prompted a multi-denominational celebration at the church, where he hugged his family and sang with friends. “I’m so happy I don’t even know how to express myself right now,” Neyoy told the Guardian. “With God, anything is possible.”
Robles, who is in a different legal category because her children are not US citizens, said she would stay in her refuge until she too was safe to leave. In the meantime she would continue with her routine: helping church staff to cook and clean, walking around the yard for exercise, listening to music, lobbying authorities, mulling the vagaries of US politics and, when her children visit, playing baseball and doing jigsaw puzzles. “I try to stay positive. Some days go fast.”Robles, who is in a different legal category because her children are not US citizens, said she would stay in her refuge until she too was safe to leave. In the meantime she would continue with her routine: helping church staff to cook and clean, walking around the yard for exercise, listening to music, lobbying authorities, mulling the vagaries of US politics and, when her children visit, playing baseball and doing jigsaw puzzles. “I try to stay positive. Some days go fast.”