Thread: Feds: Mother with special needs son can stay for now

Feds: Mother with special needs son can stay for now

April 14, 2010 11:03 AM
By JAZMINE ULLOA/The Brownsville Herald

U.S. Immigration and Customs Enforcement will allow an undocumented immigrant mother to stay in the United States for another year based on the severe medical case of one of her eight children.

ICE Field Office Director Michael J. Pitts had initially denied last week an Application for Stay of Deportation or Removal from Alma Lerma, in which she asked for permission to remain in the country to care for her 2-year-old son, Angel de Jesus Barrera.

But one day after The Brownsville Herald published a story on her son’s plight, the federal immigration agency stated it has reconsidered the case and "will grant discretionary Deferred Action status based on sympathetic factors," according to a letter faxed on Monday to Lerma’s attorney, Jaime Diez.

"Deferred action does not confer any immigration status, nor does it in anyway reflect your client’s immigration status," stated the letter signed by Pitts. Lerma is still facing deportation, but the federal official’s discretionary action will allow her to live in the United States for another year and grant her work authorization.

The letter did not state why Pitt re-evaluated his original decision. ICE did not respond to requests for comment by press time on Lerma’s case or on what immigration attorneys said were numerous cases just like hers, in which parents of severely sick or terminally ill children had been denied requests to have their deportation deferred.

But the victory is significant for Lerma, whose son was born with a number of serious medical conditions and was predicted not to live much longer if she left the United States.

"What I love the most in the world is that boy," Lerma said Tuesday from her Southmost home. "I am very grateful I have the opportunity to stay with him another year, and I pray to God (my boy) stays with me."

Lerma’s son will turn 3 next month. But at 22 pounds and eight ounces, he looks about 1 year old. He was born with congenital craniofacial dysmorphism, an abnormality in fetus development, which left part of his cranium and face disfigured. He also has Down syndrome, scoliosis, mental retardation, seizure disorder and a serious case of glaucoma that recently caused the removal of his left eye.

Lerma, 32, crossed into Brownsville illegally from Matamoros in 1995 to escape what she described as an abusive relationship. She first filed a request form for permission to stay in the United States last April, after she was detained at the U.S. Border Patrol checkpoint in Sarita. Lerma had been on her way to take her son to a Houston hospital for surgery. She was granted permission to stay in the United States for a year.

Last month, Diez sent a second application to ICE with a packet including Barrera’s medical documents and reasons why Lerma should be allowed to stay with her son for another year. He explained Barrera’s condition had not changed. The boy is still on numerous medications and uses a feeding tube to eat and an oxygen tank to breathe. He also stated Barrera needs the care of a nurse at his home nearly every day.

Now that Lerma’s stay has been granted, Diez said he would continue to look into other options to help Lerma with her immigration status.

"I am very happy they came to this decision. Hopefully it was just some oversight on their part," he said. "If this case did not meet discretion (criteria), I do not know if there is a case that does."



http://www.valleymorningstar.com/news/d ... -stay.html

And who is paying these bills besides taxpayers? Eight kids in 15 years, nice! And we are paying for every one of them and her as well.

But one day after The Brownsville Herald published a story on her son’s plight, the federal immigration agency stated it has reconsidered the case and "will grant discretionary Deferred Action status based on sympathetic factors," according to a letter faxed on Monday to Lerma’s attorney, Jaime Diez.

Wow, Ice caves so easily! ICE should have no discretionary powers where enforcing the law is concerned. IMO, it should literally take an act of Congress to stop an ordered deportation.

Originally Posted by MW

But one day after The Brownsville Herald published a story on her son’s plight, the federal immigration agency stated it has reconsidered the case and "will grant discretionary Deferred Action status based on sympathetic factors," according to a letter faxed on Monday to Lerma’s attorney, Jaime Diez.

Wow, Ice caves so easily! ICE should have no discretionary powers where enforcing the law is concerned. IMO, it should literally take an act of Congress to stop an ordered deportation.

Well said MW! Absolutely!