How members of Congress can help individuals in deportation proceedings

Three weeks ago, Patricia, mother of 19-year-old Hector, was on the phone with me, crying because Hector had been detained by Immigration and Customs Enforcement (ICE) and she could not bare the thought of being separated from him. She, like hundreds of others, fell victim to a deportation machine that separates families every day. 

Hector’s story shocked the community. He had just graduated from high school as an outstanding basketball player, he is eligible for Deferred Action for Childhood Arrivals (DACA), yet he had two misdemeanors that made ICE place him under detention and, consequently, removal proceedings. 

{mosads}I do this everyday. I answer the calls of mothers, fathers, sisters or brothers in distress, unsure of what their next step should be. But my first thought is of Sen. Richard Durbin (D-Ill.), a long-time public champion of Dreamers and the undocumented community. He and I knew that detaining Hector was a mistake. First, DHS DACA guidelines allow up to three misdemeanors per applicant (Hector only had two), and under ICE guidelines if you are eligible for DACA, you should be released and allowed to pursue your case with U.S. Customs and Immigration Services (USCIS), the agency in charge of processing DACA applications.

I contacted Durbin’s office, and just like they’ve done for the last decade, they immediately contacted DHS and ICE to ask them to consider Hector’s request to be released.   Much to the delight of Patricia, Hector was released within a week.

Some fundamental questions arise.

Does Sen. Durbin have the power to stop deportations? No.

But, can Durbin, as a member of Congress reach out to a federal agency like ICE and express concerns about an individual case? Yes. 

Truth is, there is no law that prevents a congressional office from helping a constituent with a federal agency like ICE or DHS. 

To my disappointment, there are very few members of Congress that actually understand how to support members of their community who are facing removal proceedings. And sadly, many congressional offices live under the myth that an immigration related case is only a legal matter and they can not intervene. 

Because of this, I, along with Tania Unzueta from NDLON, Paromita Shah from NIPNLG, and Richard Morales from PICO Network,  authored the first-of-its kind, a briefing memo titled: Deportation Defense: A Guide for Members of Congress and Other Elected Officials. And in 2014, along with other national organizations that concentrate on deportation defense work, we began to educate Members of Congress on how to support someone like Hector. 

Since then, our Deportation Defense Guide has reached more than 80 congressional offices, both in the House and the Senate, and we’ve noticed a great interest in learning this process and helping families. 

But interest is not enough, and our families need proactive support from congressional offices every day. 

As deportation defense advocates, we help families on a case-by-case basis through petitions, public campaigns, and help galvanize public support to show power. But ultimately, we do this to show why ICE should consider applying discretion to the case we are presenting. At United We Dream, this method has proven successful and we have been able to advocate for 500 families in the past two years. 

And in these two years, almost all casework that has a letter of support , an e-mail or a phone call from a member of Congress is successful. That is about 20 percent of our casework on a yearly basis. 

Congressional support is a crucial factor in whether families stay together or not, and with 1,100 deportations each day, many families need this support. 

In 2014, we have seen many congressional leaders coming out in support for administrative relief, asking President Obama to do more now, because deportations have become overwhelming in communities that they represent. And ultimately, as advocates, we will tirelessly fight for an immigration bill that can finally protect the vast major part of undocumented families from deportation. 

We will continue to advocate and fight for families like Patricia’s, and through our deportation defense guide, we hope that Members of Congress will join us in the fight in keeping families together.

Canizales is the “Education not Deportation” coordinator for United We Dream.