Thread: Almost Legal (but deported anyway)

The front page of the Columbus (OH) Dispatch
http://www.columbusdispatch.com/news-st ... A1-00.html

Almost Legal
Near the end of visa quest, Mexican immigrant is arrested and forced to leave his American family behind in Gahanna, OH

By Kelly Lecker THE COLUMBUS DISPATCH

Juvenal Barajas was tired of looking over his shoulder. He had a 13-year marriage to an American woman and had raised five stepchildren. He had a steady job at a Westerville drywall company. He paid taxes and had joined a church.

But Barajas knew his American dream could end at any time, because he had come here illegally from Mexico as a teenager. It didn’t make him shy away from life, and immigration officials never came looking for him, yet his status still made him uneasy.

"He hated the fact that he was illegal," said his wife, Christina Godoy. "He was tired of driving without a license, tired of being illegal. He wanted to do what is right."

Barajas, 35, applied for a visa for spouses of American citizens. For two years, he waded through the application process as his case was closed, reopened and transferred among immigration offices. He showed officials family photos and marriage documents.

When he thought approval was close, he made an appointment to see immigration agents in Columbus on Jan. 16, to check on his status. His wife checked in, and they waited.

"They’re getting the bus ready to take me away," Barajas said, jokingly.

Minutes later, U.S. marshals showed up. They took Barajas into custody and sent his wife home to Gahanna. Barajas was going back to Mexico, they said. He was sent to jail, then deported to Mexico sometime last week.

"I couldn’t believe it. We did this the only way we knew how. We tried to do the right thing, the American way," Godoy said. "He had a family here, a job. He doesn’t have anything in Mexico. This is tearing our family apart."

Barajas is one of many immigrants wading through a complicated immigration process — a system where, lawyers say, misinterpreting the law could lead to deportation.

As President Bush pushes Congress to pass immigration reform, Barajas’ case shows the difficulty in persuading illegal residents to come forward when they fear they will be sent home or jailed, especially because most have lived here for years with no problems.

"Would I go to immigration again? Not a snowball’s chance," Godoy said. "Would I lie for him next time? Yeah, I would lie."

Illegal immigrants who married U.S. citizens and applied by April 30, 2001, were almost certain to become legal residents if they paid a fine and could prove they had lived in this country.

Then, tougher laws took effect. Marriage is still a fast track to legal residency, but not a sure thing. And while there are certain rules under which an illegal resident can stay, most immigrants don’t know about them, immigration lawyers say.

Barajas didn’t know. He didn’t apply to become a legal citizen until 2004.

He thought his strong ties to central Ohio and his marriage meant he could soon be a legal resident like the rest of his family.
"We assumed everything was fine," his wife said. "During this whole process, nobody told us anything was wrong."

Barajas had another problem. In 1998, he traveled to Jalisco, Mexico, to see his mother. When he tried to come back across the border into the United States, an immigration officer stopped him.

He was processed and sent back, only to sneak back into the United States a short time later. Although he wasn’t put in jail, he violated federal law by crossing and is not allowed to return, even legally, for at least five years.

"Really, they don’t understand what is going on. Someone stopped them and sent them back. But it is a crime to re-enter the United States illegally," said Mark Nesbit, a Columbus immigration lawyer. "They don’t realize they’ve been charged. I ask in those situations, ‘Have you ever had your fingerprints or photos taken?’ If so, there are going to be issues."

Nesbit, who is not familiar with Barajas or his case, said immigration officials have an obligation to detain illegal residents who show up at their office. But it is unlikely they would have come looking for Barajas.

A spokesman for Immigration and Customs Enforcement said Barajas was sent home last week on a deportation order from January 1999, which came after he had been caught at the border. He said the agency notified Barajas some time ago that the order was final and that he had to leave. The family said they never got the order and immigration officials never told them about it as they waded through the application process to make him legal.

Immigration officials had no choice but to arrest Barajas when he showed up at their office, ICE spokesman Greg Palmore said.
"We may not have had any contact with him before that," he said. "Basically, he was a fugitive."

Immigration activists say that is not uncommon, and it sends a message to illegal residents that there is no point in trying to become a legal resident.

"How is there going to be incentive for anyone else? It’s easier to live underground," said Ruben Herrera, a leader in the Ohio Immigration Network, a group of organizations pushing for reform. "Here is someone who is going through the process. He has a family. This is much more than an immigration issue. It’s a family issue."

But some groups that oppose allowing amnesty for illegal immigrants say people such as Barajas can apply for legal status — from Mexico.
Sending an illegal immigrant out of the country ensures that the person won’t go into hiding in the United States if something negative shows up in the background check, said Steven Amarota, director of research for the Center for Immigration Studies in Washington, D.C. Plus, allowing him to stay would be rewarding him for coming here illegally, he said.

"You want the vetting process to be meaningful. They’re not saying he can’t apply. They’re saying he can do it from Mexico, and I think that’s very reasonable," Amarota said. "Most people see it as, ‘What’s the point of penalizing him?’ They don’t see the bigger picture. They just see him."
Barajas likely will have to stay in Mexico for at least a year or two while he applies for a waiver that would allow him to come back.

For several days, Barajas’ family wasn’t sure where he was. He was taken to the Pickaway County jail, but later his family was told he had been transferred to a jail in Tiffin. Officials there said they could not say who was in the jail on immigration cases.

Wednesday night, Barajas called his wife and said he was back in Mexico.

The family has collected more than 20 letters from family members, friends, his employer, church officials and the school Barajas’ 14-year-old stepson attends. In the letters, people pleaded with immigration officials to let Barajas stay.

Godoy said she has talked to Barajas in Mexico twice. He told her he has faith that his case will be resolved, and he doesn’t plan to cross the border illegally again.

"He still believes in this country," she said. "He has more faith in the American system than I do."
klecker@dispatch.com
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Juvenal Barajas was deported to Mexico last week.

JEFF HINCKLEY DISPATCH
Christina Godoy, top, is disillusioned with the immigration process after her husband, Juvenal Barajas, was deported. With her in Gahanna are, from left, son Corey, 14; son-in-law Chris Haberling, 9-month-old Kaden and daughter Jessica; and daughter Veronica. Barajas is stepfather to the children.

"I love Juvenal please let him stay. He is my favorite uncle," a 6-year-old stepnephew wrote of Juvenal Barajas. Friends, his employer and school and church officials also have written letters to the government in support of Barajas.
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I've noticed more articles in the local paper regarding illegal aliens. This article seems rather fair. Although, it is symaithic to Juvenal Barajas, but it did point out he was here illegally. I'm sure to read several "letters to the editor" regarding this story. I may send in one myself. IMO he came to this country illegally twice, not just once. He was illegally employed. It would be interesting to find out where he was employed. I'll bet they have more than one illegal.

I do feel sorry for his family, but I'm sure his wife knew he was illegal. If you marry someone that is illegal or has some other problems, you marry the problem. You should know it effects both of you and perhaps the kids.

Really, they don’t understand what is going on. Someone stopped them and sent them back. But it is a crime to re-enter the United States illegally," said Mark Nesbit, a Columbus immigration lawyer. "They don’t realize they’ve been charged. I ask in those situations, ‘Have you ever had your fingerprints or photos taken?’ If so, there are going to be issues."

I think they know there in trouble to begin with. Stop treating these criminals like their TODDLERS!!!!


They are breaking the US Law and they know it!!

anyone who married an illegal should have to pay a fine for supporting illegals. The 1986 law makes it a crime. Why do people think that marrying an illegal should make them legal? Once an illegal has stepped foot in the USA then they should never ever be able to get citizenship.

The guy always knew it COULD happen. He knew the day could come he would get arrested. And it did! He knew he was breaking the law when he entered our country illegally. It was his fault he broke the law, and his fault he allowed himself to get so attached. I feel bad for the kids. Shame on the parents for allowing this to happen. The wife should face a fine for aiding a criminal. Too bad we can't get her for being an irresponsible parent in this case, also.

Bad thing is, he'll be back.

Originally Posted by Beckyal

anyone who married an illegal should have to pay a fine for supporting illegals. The 1986 law makes it a crime. Why do people think that marrying an illegal should make them legal? Once an illegal has stepped foot in the USA then they should never ever be able to get citizenship.

I agree the wife, got what she deserved. or Maybe she got tired of him and turned him in ?

I wrote the following to the Dispatch reporter -

Everything in this story supports the fact this illegal alien was never even close to being legal, or almost legal. He is not a Mexican immigrant. He is an illegal alien. My grand parents were immigrants. They came to this country legally and played by the rules. This man came to the country illegally and may have committed other crimes, such as identity theft.

In order to get a job he needs a SSN. So he used a fake or stolen number. He also put his employer at risk of a fine and/or jail time for employing an illegal alien. I suspect he didn't pay all of his taxes. I'll bet he never paid his Gahanna tax.

His wife knew he was illegal. She should know, when you marry a problem, don't be surprised if it adversely affects you, or your family. I do feel sorry for the kids, but not the wife.

Since this illegal alien was illegally employed, he stole someone else's job. Another hard working immigrant could have been legally employed at the Westerville drywall company.
He may have been given raises or job assignments which should have been given to his legal peers.

My guess is this company can't find skilled tradesmen to work for unskilled labor rates, so they hire illegals. This practice keeps wages artificially low. Many construction companies use a third party, for new hires. The third party certifies the employees are legal, but in reality they don't bother to check. The construction company is sheilded by this practice and always claims - they didn't KNOWINGLY hire an illegal alien. It's all a scam.

Our country should select the best and brightest immigrants possible. They should have an education and be healthy. Some exceptions can be made, but illegal aliens come in without any govt. checks. They could be hard working or terrorists. If they are willing to break our laws and come here illegally, they are usually going to break some additional laws.

Our open border has enabled thousands of murderers, rapists, thieves and perverts to prey on innocent Americans. If the border wasn't open, the crimminals would be stopped. We need to secure our borders and ports.

I'm offended that you labeled this criminal an immigrant. We should welcome and support immigrants. This illegal alien is a criminal. Why should he be given citizenship before my relatives in Hungary ? They are playing by the rules and trying to come here legally.

If illegal aliens were taking the jobs of newspaper reporters, you would be writing a different type of story. You may yet get your chance, some newspaper companies are asking for H-1B visas. You see they can't find qualified American reporters at $23,000 per yr. They want to import some. At least you would be replaced by a legal employee.

Good luck,

"I couldn’t believe it. We did this the only way we knew how. We tried to do the right thing, the American way," Godoy said. "He had a family here, a job. He doesn’t have anything in Mexico. This is tearing our family apart."

"the American way"????? Coming here illegally, is NOT the American way.
You can't "almost" be an American. That's just dumb.
Well, his family always has the option of remaining together if his wife and step kids go back with him.