Ga. lawmaker's wife appeals deportation

[deadparrot]

ATLANTA - The wife of a Georgia legislator known as an outspoken advocate for immigration rights is in hiding after federal agents came to their home with a deportation order, her lawyer said.

Sascha Herrera, the wife of Democratic state Sen. Curt Thompson, was ordered deported after she missed a federal court hearing in February 2005, her lawyer Charles Kuck said.

Kuck said he plans to ask an immigration judge Monday to reconsider the order calling for her deportation, though it could take as long as a month before a decision is made. During that time, Kuck said Herrera could be deported if she's caught.

Thompson, 37, a Democrat from Atlanta, married Herrera, 28, in April. In a written statement, Thompson said he checked his wife's immigration status before they were wed and they both believed she was here legally from her native Colombia because she has a valid student visa.

http://news.yahoo.com/s/ap/deportation_senator_s_wife

[Ken Burch]

1. Deporting activists as payback...great...

Forcibly separating a married couple...how deeply humane and Christian...
:puke::puke::puke::puke::puke::puke::puke::puke::puke::puke::puke::puke::puke::puke::puke:

[Roland99]

2. Well, why did she miss a Federal court appearance?

[peacebird]

3. according to article she is the victim of a scam - Would like to know who the notary public was

working for tho - and why he filed without her permission, etc...
<snip>
"Kuck said Herrera is victim of a notary public who posed as a lawyer and filed an asylum application without her consent. The notary then listed his business as the address and all notices were sent there instead of Herrera's home, prompting the woman to miss an important hearing, Kuck said.

In some Spanish-speaking countries, a "notario publico" is a lawyer with authority to negotiate with government officials. In the U.S., a "notario" is often a notary public with no expertise in immigration law."

[Marie26]

10. Notarios are notorious

They systematically exploit the immigrant community by posing as lawyers, then taking lots of money w/false promises. Many "notary publics" are claiming to be immigration lawyers, and charging thousands of dollars to file visa applications (w/o ever submitting one). This story sounds plausible. But she probably won't have any opportunity to protest the deportation now.

[jannyk]

4. The Article doesn't say

if she was attending classes or when she arrived in the US, but she missed the court date in early 2005. A 'Student Visa' has many restrictions - one of which is usually being registered in school and attending classes 20 hours a week. It also prohibits working 'off campus'.

There's a whole 'nother set of procedures to be followed for marrying a 'non-resident' immigrant - sounds like these were not followed.

It's a crappy situation and many, many 'green card - legal immigrants' are now being deported for very minor infractions - some of whom have been here all their lives.

[rocktivity]

5. If her visa was valid when she married, why would she need asylum?

In fact, why would she even need a lawyer?

I doubt the "notary" filed the papers out of the goodness of his heart. She must have paid him to do something on her behalf--because she KNEW her visa wasn't valid, perhaps?

:headbang:
rocknation

[Rowdy Church]

6. Gay and Lesbians Face This Every Day

I wonder what Sen Thompson's position is regarding Gay and Lesbian Americans who, if they meet a non-US Citizen visiting the US or if they meet someone while outside the country and fall in love have no ground or recourse whatsoever for their partner to visit the US or even become a US citizen through marriage.

This is a dilemma that GAY AND LESBIAN citizens face everyday in our country.
:wtf:

[Sapphocrat]

7. I've got six and a half years of stories about that...

...across a distance of 8,000 miles.

Thanks for remembering us too, Rowdy Church, and welcome to DU.

[superconnected]

8. What good will the gays and lesbians having the legal right to

marry and imigrate do if those laws are not enforced.

Since you don't care about the enforcement of those laws for the non-gays, why should you expect them enforced for the gays when gays finally get them passed.

[Bonescrat]

11. Do you have extra special super powers...

to read things that are not there?

"Since you don't care about the enforcement of those laws for the non-gays"

This was never stated nor implied by the poster.

[newyawker99]

12. Hi Rowdy Church!!

Welcome to DU!! :toast:

[Marrah_G]

9. Sad

In my opinion the spouse of a US citizen should never be deported without very good cause providing they were here legally when they were married.

A co worker of mine is on leave while fighting to keep his younger brother in the country. They moved here 30 years ago when his brother was 3, from Lebanon. His brother has never been back to the country he was born in. Apparently what happened is a decade ago as a young man he was arrested for a possession charge. It was nothing big, he didn't serve any time. Now, a couple months ago "ICE" shows up and arrests him. He is being held in NY I think and there is a very good chance he will be sent to a country where he knows no one, doesn't speak the language and knows little of the culture. His parents were adamant that they be raised as typical American kids.

The whole thing is frustrating and sad. My boss's wife is from Germany and they have 2 teenage daughter's. She is not a citizen yet and I worry what would happen if she "missed a court date"

[jannyk]

14. This is currently happening to thousands of legal

immigrants. It's one of the 'dirty little secrets' of the Patriot Act. They are going back decades and picking up any minor infraction to deport people that have lived here legally most of their lives.

This is something most Americans are unaware of.

[Marie26]

15. "Operation Endgame"

DHS has been pretty open about this, even posting the manifesto on their website. They're planning to deport all "removable aliens" by 2012.

http://www.ice.gov/graphics/dro/endgame.pdf

ETA: Ugh, it looks like ICE has removed this document from their website. Down the memory hole. But the Internet Archive still has a cached copy - http://web.archive.org/web/20060328032737/http://www.ice.gov/graphics/dro/endgame.pdf

[jannyk]

16. Thanks for the archived link

Interesting that they found it necessary to remove it from the public site - no?

[Eugene]

13. AP: Deportation reprieve for senator's wife

Deportation reprieve for senator's wife

By DANIEL YEE, Associated Press Writer
2 hours, 22 minutes ago

ATLANTA - The Colombia-born wife of a Georgia state senator emerged from hiding
and turned herself in Tuesday to face a deportation order, but an immigration
judge lifted the order and she was expected to be freed.

Sascha Herrera, 28, who had gone into hiding after the order was issued, arrived
at the Martin Luther King Federal Building shortly before 8 a.m. and met with the
judge and attorneys for the Immigration and Customs Enforcement field office.

Government lawyer Terry Bird said the judge lifted the order and agreed to reopen
her case. He said she would likely be freed Tuesday pending a hearing on a petition
filed by Herrera's husband, state Sen. Curt Thompson, to establish permanent
residency for her. The hearing has yet to be scheduled.

Herrera's lawyer, Charles Kuck, said although the order was lifted Herrera is still
technically in deportation proceedings. He said he expects the hearing will be held
in the next two to four months.

-snip-

Full article: http://news.yahoo.com/s/ap/20061205/ap_on_re_us/senator_s_wife_deportation