It took the death of her child for the U.S. to allow Julia Casares to stay
Complex deportation cases illustrate the difficulties the Obama administration faces in implementing prosecutorial discretion guidelines. (Getty images)
By JUAN GASTELUM
Channel: Immigration
When the Obama administration announced in August a plan to prioritize the deportation of undocumented immigrants who are new arrivals or who have committed violent crimes, many advocates for immigrant rights and immigration reform hailed the move as a step in the right direction.
They said they saw the shift as a relief for many undocumented immigrants with strong ties to the U.S. who were flagged by Immigration and Customs Enforcement (ICE) for minor infractions.
But in the weeks that followed, as some points were clarified — such as the fact that no group would be categorically excused — and others became less concrete — like how prosecutorial discretion would be implemented at the local level — many became wary of the new policy.
The case of Julia Casares, a 36-year-old Ecuadorian woman who suffered a miscarriage while on board the plane that was set to return her to her home country, illustrates why.
New York Daily News reports:
Casares has a 10-year-old shoplifting conviction, but she has no record of violence, and her two kids and four siblings are all American citizens.
But it wasn’t until she lost her baby in the feds’ custody that Immigration and Customs Enforcement officials decided to allow her to stay, her family said.
“She fainted, and she started bleeding,” said Casares’ partner, Marco Guartan. “They couldn’t force her onto the plane in that state — she’s a human being.”
Casares had been on ICE’s radar for agreeing, but failing to leave the country after a previous pick up during a work-site raid in 1998. This past September, agents detained her at her home in Queens, New York, and moved her to a facility in Louisiana to be deported.
After Univision reported on Casares's miscarriage, which occurred on Oct. 22, senior ICE officials overruled a local Newark field decision to deport her. She will be released from custody on Thursday and allowed to stay in the country for at least one year.
Although Secretary Janet Napolitano has said that the Department of Homeland Security (DHS) plans to roll out the details of the plan to review 300,000 cases in the coming weeks, she has yet to provide any clear guidance on how those guidelines should be carried out.
The Obama administration has touted the new policy as a common sense approach to making best use of the limited funds appropriated by Congress, and a way to clear up the backlog of pending immigration cases. Yet, situations such as Julia Casares's continue to pop up.
There's no doubt that Casares had firmly implanted roots in the U.S, and her record didn't exactly scream "violent criminal." Her outstanding dispute with DHS was based on a practice (work-site raids) the department ceased, stating that it did nothing to enhance public safety. Yet, it was not until a top official responded to news that she lost an unborn child that her deportation was stayed.
Situations like this demonstrate the complexities that DHS will face when ironing out the details of, not only who gets to stay and who gets to go, but also, who gets to decide.