Woman: Immigration Wouldn't Arrest Me
Immigrant Sought To Begin Naturalization Process
POSTED: 9:09 pm CST February 24, 2010
UPDATED: 1:09 pm CST February 25, 2010

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OMAHA, Neb. -- A Schuyler woman who has lived in the United States for 17 years and tried to get arrested in hopes of getting on the road to American citizenship said immigration agents wouldn't take her in.

Jazmin Marino's attorney, Bassel El-Kasaby of Omaha, said he felt that given her background, she had to get creative in order to get on track to naturalization. He said once Marino is arrested and on record, the process of citizenship can begin. After the attempt was unsuccessful, he's announced plans to file a lawsuit.

Marino moved with her family from Mexico when she was just 5 years old. She said their problems started when they tried to begin the naturalization process.

"My parents got their work permits taken away," she said. "My dad got deported."


She said the problem was the result of botched paperwork filed by a lawyer who has since been disbarred. After graduating from high school in Schuyler, learning English as a first language and raising a child, her road to naturalization was closed.

"It's really hard for the family to keep going on," Marino said.

She turned to El-Kasaby, an Omaha attorney specializing in immigration. He said he felt Marino had only one possibility left.

"In years past, people would turn themselves in to immigration and immigration would process them," El-Kasaby said.

The two went to Omaha's federal Immigration and Customs Enforcement Office to have agents arrest Marino. El-Kasaby said he had even contacted an agent about it in advance.

"I told them that, 'I'm here. So is my client. She's undocumented. We're both in the building. She would like to turn herself in,'" he said.

The agents refused to arrest her.

"I think it's not right," El-Kasaby said. "Part of the reason is probably that they do not want someone like my client to seek relief."

He said part of ICE's mission is to arrest people who are in the United States illegally.

El-Kasaby said he's filing a legal action in federal court, asking a judge to intervene.

ICE officials said they couldn't comment on the case because of the pending litigation.


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