Milwaukee Journal Sentinel: A Manitowoc man who could be deported as early as Friday has become the focal point of a disagreement between U.S. immigration officials and his supporters, who believe his case epitomizes flaws in immigration law.
Jaime Martinez, a 32-year-old Mexican man, is married to a U. S. citizen and is father to four U.S.-born children ages 6 and under. He's worked at the same job for 10 years. He's the sole provider for his family, said his wife, Jennifer.
His friend, Mia Quistorf, said Thursday in a teleconference that supporters held a candlelight vigil and have written letters of support for prosecutorial discretion in his case. "There's been an outpouring of support from my community and people are pleading for this kind man, caring friend and supportive father to be released," she said.
"He poses no threat to public safety or national security, and he's a person with strong ties to the community," argues his attorney, Stacy Taeuber. She cites the Obama administration's position outlined last year that immigration efforts should be aimed at those who are violent or pose a threat.
"Why spend our tax dollars to deport this man and destroy this family?" she said.
Immigration and Customs Enforcement officials, however, say Martinez has illegally crossed the border multiple times, has a criminal history, and is the kind of illegal immigrant they are trying to focus on.
Martinez originally came to the United States in 1997. His wife said an attorney in Green Bay gave them poor advice, telling them to return to Mexico in 2002 to apply for a fiancé visa. After time, paperwork and money were spent, the visa was denied, she said.
In 2003, Martinez returned to Manitowoc without documents, she said. He has lived and worked there ever since, she said.
The timeline from ICE is different.
"Mr. Martinez-Espinal has twice been removed from the United States - on Jan. 9, 2003, and again on Aug. 15, 2003 - and illegally re-entered the United States, which is a felony," said Gail Montenegro, a spokeswoman for ICE in Chicago.
On Feb. 16, while on his way home from his restaurant job, he was arrested and placed on hold for immigration officials. Because ICE is reinstating his prior removal order, he's not entitled to a hearing before a federal immigration judge, she said. On March 15, the 7th Circuit Court of Appeals denied an emergency stay of removal, she said. Based on his multiple illegal entries and his criminal arrest history, Montenegro said Martinez "falls within ICE's enforcement priorities."
She added: "ICE is focused on smart, effective immigration enforcement that prioritizes the removal of criminal aliens, recent border crossers and egregious immigration law violators, such as those who have been previously removed from the United States."
Because of ICE's rules, Montenegro said she could not provide additional details on his arrest. She would not say whether the "criminal arrest history" referred to the border crossings, or something else.
Jennifer Martinez said her husband was charged with disorderly conduct after they had an argument. He received deferred prosecution and went to counseling. Online court records show the charge was dismissed. Records also show he was found guilty of misdemeanor charges of operating without a valid driver's license and disorderly conduct, both in 2000.
Taeuber said she sent a petition to ICE headquarters in Washington asking for prosecutorial discretion but has not received a reply.
But late Thursday, Jennifer Martinez said she received a call from her husband, who is in jail in Dodge County. He told her he's on the list to be deported Friday.
Jaime Martinez, a 32-year-old Mexican man, is married to a U. S. citizen and is father to four U.S.-born children ages 6 and under. He's worked at the same job for 10 years. He's the sole provider for his family, said his wife, Jennifer.
His friend, Mia Quistorf, said Thursday in a teleconference that supporters held a candlelight vigil and have written letters of support for prosecutorial discretion in his case. "There's been an outpouring of support from my community and people are pleading for this kind man, caring friend and supportive father to be released," she said.
"He poses no threat to public safety or national security, and he's a person with strong ties to the community," argues his attorney, Stacy Taeuber. She cites the Obama administration's position outlined last year that immigration efforts should be aimed at those who are violent or pose a threat.
"Why spend our tax dollars to deport this man and destroy this family?" she said.
Immigration and Customs Enforcement officials, however, say Martinez has illegally crossed the border multiple times, has a criminal history, and is the kind of illegal immigrant they are trying to focus on.
Martinez originally came to the United States in 1997. His wife said an attorney in Green Bay gave them poor advice, telling them to return to Mexico in 2002 to apply for a fiancé visa. After time, paperwork and money were spent, the visa was denied, she said.
In 2003, Martinez returned to Manitowoc without documents, she said. He has lived and worked there ever since, she said.
The timeline from ICE is different.
"Mr. Martinez-Espinal has twice been removed from the United States - on Jan. 9, 2003, and again on Aug. 15, 2003 - and illegally re-entered the United States, which is a felony," said Gail Montenegro, a spokeswoman for ICE in Chicago.
On Feb. 16, while on his way home from his restaurant job, he was arrested and placed on hold for immigration officials. Because ICE is reinstating his prior removal order, he's not entitled to a hearing before a federal immigration judge, she said. On March 15, the 7th Circuit Court of Appeals denied an emergency stay of removal, she said. Based on his multiple illegal entries and his criminal arrest history, Montenegro said Martinez "falls within ICE's enforcement priorities."
She added: "ICE is focused on smart, effective immigration enforcement that prioritizes the removal of criminal aliens, recent border crossers and egregious immigration law violators, such as those who have been previously removed from the United States."
Because of ICE's rules, Montenegro said she could not provide additional details on his arrest. She would not say whether the "criminal arrest history" referred to the border crossings, or something else.
Jennifer Martinez said her husband was charged with disorderly conduct after they had an argument. He received deferred prosecution and went to counseling. Online court records show the charge was dismissed. Records also show he was found guilty of misdemeanor charges of operating without a valid driver's license and disorderly conduct, both in 2000.
Taeuber said she sent a petition to ICE headquarters in Washington asking for prosecutorial discretion but has not received a reply.
But late Thursday, Jennifer Martinez said she received a call from her husband, who is in jail in Dodge County. He told her he's on the list to be deported Friday.
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