Vigil set to halt migrant's deportation

August 14, 2006

BY ESTHER J. CEPEDA Staff Reporter





Assurances from friends and relatives sealed Elvira Arellano's fate.

Their stories led her to believe that if she were caught trying to cross into the United States illegally there would be no consequences -- aside from the hassle of having to try again.

She learned her lesson the hard way. Unless something changes in the next 24 hours, Arellano, 31, will have to report to Immigration Services on Tuesday morning for a trip back to Mexico.

This evening, she and a legion of supporters will pray she'll be able to stay during a mass vigil in front of the Immigration Services office.

"When I came through in August of 1997 -- the first time, with a fake ID . . . I was detained and sent back home," Arellano said in Spanish. "But I didn't know it was considered a deportation. Three days later I got over by just walking through a town."

After a three-year stop in Oregon, where she settled into a new life complete with a driver's license and a good job, she traveled with her son to Chicago in 2000.

Here, she worked as a cleaning lady at O'Hare Airport until 2002, when she was arrested and subsequently convicted in federal court for working under a false Social Security number.

With the help of Sen. Dick Durbin (D-Ill.), Rep. Luis Gutierrez (D-Ill.) and various community groups, Arellano secured four one-year extensions to stay in the United States. They enabled her to get a legal Social Security card, Illinois driver's license and work permit. But she's still ineligible for citizenship because of her first arrest.

'I've worked hard'



Now that her fourth extension is set to expire, Arellano is hoping bills Durbin and Gutierrez have introduced in Congress will allow her to remain here legally. None has been signed into law so far.

The situation infuriates Arellano, who says she would make a model American just like her son, who was born here.

"I've worked hard, paid my taxes, never even took Medicaid," Arellano said. "My son is a U.S. citizen and I'm raising him to fight for the rights of others. We need to stay."

"I'm not sure there is a finite list of criteria for what would make the federal government change Mrs. Arellano's situation, but that type of exception is used only in extraordinary circumstances that involve life and death," said Tim Counts, spokesman for Immigration and Customs Enforcement.

'What about my son?'



To Arellano, going back is a matter of life and death.

"I can't go back, I have no job there, I have no savings, and what will I be able to take in one suitcase?" she said. "What about my son? He's ready to go to second grade, and in Mexico I won't even be able to feed him."

Immigration officials say that's not enough to waive the laws in her favor.

"The authority given by Congress was never intended to be a way to do an end run around a federal judge's deportation order," Counts said. "We're required to enforce the nation's immigration laws and ensure they're applied fairly without regard for a person's ability to generate public support."

ecepeda@suntimes.com




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