Things That Matter

This Salvadoran Father Of Two Was Deported Early In The Trump Administration And Has Been Allowed Back To The US

Recently, we have been hearing of story after story of families ripped apart by inhumane immigration policies.

And for one Houston father, that’s exactly what happened. He was detained and deported to his native El Salvador after living in the US most of his life. But thankfully, this story has a happy ending as he’s now been allowed to return to the US to live with his family.

A Houston father of two American born kids was deported to El Salvador but now he’s back in the US with his family.

Credit: @AP / Twitter

A 33-year-old father of two American-born children was allowed to return to the US on Monday, two years after being deported to El Salvador during the first months of the Trump administration.

Jose Escobar was welcomed at Houston Intercontinental Airport by a group of supporters. He was accompanied by his wife, Rose, and their two children, Walter and Carmen, who had flown to El Salvador in June to visit him.

They were all together in El Salvador when they got word that US immigration authorities had approved waivers that would let him return to the US.

Watch the emotional moment here:

The Houston-based advocacy group FIEL contacted local attorney Raed González, who took up Escobar’s case. He filed paperwork with U.S. Immigration and Citizenship Services requesting waivers that would allow Escobar to return to the U.S., citing the hardship his deportation had placed on Rose.

Those waivers were granted last month.

He had been forced to help his wife parent their children via Facebook.

Credit: @Realtor336502 / Twitter

He had video calls with his family at night, but he was often scared and worried about leaving the family home, as the gangs roaming the streets were known to target people who had come back from America and once held him up. He would watch the video from his home’s security cameras remotely.

His children, meanwhile, struggled with the pain of losing their father. And with Jose having trouble making money in El Salvador, Rose Escobar supported the family on her own as a hospital receptionist and relied on savings that were quickly dwindling.

Escobar originally came to the US as a teenager with Temporary Protected Status after the 2001 El Salvador earthquake.

Credit: TemblorNet / Flickr

El Salvador suffered a devastating earthquake on January 13, 2001, and experienced two more earthquakes on February 13 and 17, 2001.

In the aftermath, to help support refugees fleeing the country, the US granted Temporary Protected Status to El Salvador. This meant they could come to the US without the risk of deportation.

Then, under the Obama administration, he was arrested and detained for several months.

After an intense lobbying campaign, the local field office director for U.S. Immigration and Customs Enforcement released Escobar in January 2012 “so he could get his affairs in order,” the agency said last year.

In February 2017, shortly after Trump took office and widened the priorities for detaining and deporting immigrants without authorization, Escobar was arrested during what was supposed to be a routine ICE check-in.

The next month, he was deported to El Salvador. He called his wife from the San Salvador airport to tell her what had happened.

Escobar moved to a town that’s about three hours from San Salvador, living with relatives and working intermittently as a laborer.

But now the family is living together reunited in their home of Houston.

Credit: @ChronFalkenberg / Twitter

On Monday, Escobar arrived with this lawyer who flew with him from El Salvador because he said he didn’t want anything at the last minute to go wrong. Escobar’s wife and children, his lawyer and other supporters held balloons shaped like butterflies, a symbol, they said, of migration.

Rose Escobar told other families with deported relatives to use their voice and urged lawmakers to listen.

“We need you to be the voices for other Escobars, children who need their daddy, children who need their mommy,” she told the Houston Chronicle.

As the weeks turned into months, then years, she said friends and strangers gently urged her to think of moving on. To forget.

She added: “People kept saying, ‘It’s taking so long, you should just give up,’” she said. “I would always say, ‘He’s coming home. Soon, in God’s time.’”

READ: He Has Been Deported Twice And Is Now Fighting His Third Deportation To Stay With His Sick Child

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A Federal Court Just Ended Temporary Protected Status For More Than 300,000 Immigrants, Here’s What You Need To Know

Things That Matter

A Federal Court Just Ended Temporary Protected Status For More Than 300,000 Immigrants, Here’s What You Need To Know

Chip Somodevilla / Getty Images

A federal court just handed a huge ‘victory’ to the Trump administration, which has been eager to restart mass deportations. Despite a global health pandemic, the administration has been pressing forward with plans to deport hundreds of thousands of undocumented immigrants.

Until now, many of these migrants were safe from deportation thanks to Temporary Protected Status, which shields some immigrants from deportation under humanitarian claims. However, the recent court decision – in San Francisco’s 9th Circuit – gives Trump exactly what he wants right before the elections.

But how will it affect immigrant communities across the country? Here’s everything you need to know about this major decision.

The 9th Circuit Court just ended TPS for more than 300,000 undocumented immigrants.

A California appeals court on Monday gave the Trump Administration permission to end Temporary Protected Status for immigrants from El Salvador, Nicaragua, Haiti, and Sudan, clearing the way for officials to force more than 300,000 immigrants out of the country.

The decision affects people from all walks of life, many of whom have lived in the U.S. for decades, have U.S.-born children and have been considered essential workers during the coronavirus pandemic.

This week’s ruling from the circuit court comes after a district court (also in California) temporarily halted Trump’s plan to end TPS in late 2018 after a group of lawyers sued, arguing that Trump was motivated by racial discrimination.

“The president’s vile statements about TPS holders made perfectly clear that his administration acted out of racial animus,”Ahilan Arulanantham, a lawyer for the ACLU of Southern California, wrote in a statement. “The Constitution does not permit policy to be driven by racism. We will seek further review of the court’s decision.”

But today’s 2-1 decision reversed the district court’s temporary order and allowed the federal government to take away TPS protections while the court case continues.

ICE and DHS has promised to wait several months before taking away TPS status if the agency won in court. As a result, the ACLU told NPR that it expects the protections to start ending no sooner than March, meaning that Joe Biden could reverse the administration’s decision if he wins in November, though the organization plans to fight back in the meantime.

Temporary Protected Status was created to protect people in the U.S. from being sent back to dangerous places – and it’s saved lives.

Credit: Daniel Ortega / Getty Images

The TPS program was first introduced in 1990, and it has protected immigrants from more than 20 countries at various points since then. More than 300,000 people from 10 different nations currently use the program, some of whom have lived and worked in the United States for decades.

Trump has sharply criticized the program, sometimes along racial lines, and in one infamous and widely criticized incident two years ago, the president reportedly referred to the program’s beneficiaries as “people from shithole countries.”

TPS provides protection for short periods of up to 18 months, but the federal government has continuously extended it for the countries mentioned in the lawsuit “based on repeated findings that it remains unsafe to return.” 

As a result, it said, most TPS holders have been living in the U.S. for more than a decade, contributing to their communities and raising their families. Many of the more than 200,000 U.S.-citizen children of TPS holders have never been to the country their parents are from and would have to choose between their families and their homes.

The ruling will have a major impact on migrant families and communities across the U.S.

Credit: Chip Somodevilla / Getty Images

Immigration advocacy groups are slamming the court’s ruling, noting it will impact hundreds of thousands of TPS holders as well as their families and communities. In a statement, Beth Werlin, executive director of the American Immigration Council, said the decision will “plunge their lives into further turmoil at a time when we all need greater certainty.” 

As the global pandemic stretches on, immigrants with protected status make up a large portion of the country’s front-line workers. More than 130,000 TPS recipients are essential workers, according to the Center for American Progress. 

“TPS recipients have deep economic and social roots in communities across the nation,” said Ali Noorani, president and CEO of the National Immigration Forum. “And, as the U.S. responds to the COVID-19 pandemic, TPS recipients are standing shoulder to shoulder with Americans and doing essential work.”

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Evelyn Hernandez – A Rape Survivor – Was Imprisoned Under Anti-Abortion Laws, Now She’s A Free Woman

Things That Matter

Evelyn Hernandez – A Rape Survivor – Was Imprisoned Under Anti-Abortion Laws, Now She’s A Free Woman

Oscar Rivera / Getty Images

It’s no secret that countries across Latin America have some of the strictest abortion laws in the world – El Salvador is no exception. In fact, it’s the only known country that that regularly prosecutes and imprisons women as a result of its abortion ban – even in cases where the women suffered  miscarriages, stillbirths and other obstetric emergencies.

But over the last decade, activists, lawyers, and international women’s groups have rallied behind Salvadoran women imprisoned for “obstetric emergencies.” Since 2009, more than 38 women have been released from jail, 16 remain incarcerated, and at least three — including Evelyn Hernandez — are in the middle of legal proceedings.

Evelyn Hernandez, of El Salvador, has been found innocent after a retrial.

Evelyn Hernandez’s case had made international headlines when she was tried for homicide charges after experiencing a stillbirth – when she didn’t even know she was pregnant.

But after years of maintains her innocence of any wrongdoing, Hernandez has finally been found innocent by El Salvador’s judicial system.

“I was made the victim of a justice system that is anything but just. I know that there are countless other women who have experienced the same in a country where miscarriages are still considered a crime and reproductive rights are nonexistent. We must stand up and demand that the Salvadoran government release all the remaining women who have been wrongfully put behind bars like me. The fight does not end here,” Hernandez said after the trial.

Her defense attorney added in a tweet, “I am about to explode with happiness.”

Amnesty International described the verdict as a “resounding victory for the rights of women in El Salvador” and called on the government to “end the shameful and discriminatory practice of criminalizing women”.

El Salvador has one of the strictest anti-abortion laws in the world.

Since 1998, El Salvador has had a complete and total ban on abortion – with zero exceptions – including in cases where the woman’s life is at risk for the pregnancy is a result of rape or incest. In fact, El Salavador is the only known country that regularly prosecutes and imprisons women as a result of its abortion ban – even in cases where the women suffered  miscarriages, stillbirths and other obstetric emergencies.

Typically, women found guilty face between two and eight years in jail but in many cases – as was the case with Evelyn – charges are increased to aggravate homicide, which carries a minimum sentence of 30 years.

Today, more than 20 women are in prison under trumped up charges of manslaughter, homicide, or aggravated homicide after being accused of having an abortion. In total, at least 50 women have been imprisoned.

Evelyn’s case had been in the headlines for years after repeated appeals by prosecutors.

Evelyn’s case started when she was a victim of sexual violence in her community – having allegedly been raped by a gang member at 18-years-old.

She was first arrested after the body of her baby was found on the property of her rural home. Evelyn says she had experienced severe stomach pains and bleeding and went to the toilet, where she passed out. It’s here where her baby was stillborn. But in 2017, a judge ruled that Evelyn knew she was pregnant and tried to conceal the baby’s birth. She was found guilty and sentenced to 30 years in prison, of which she has already served 33 months.

In July 2017, the judge ruled that Ms Hernández knew she was pregnant and found her guilty. She was sentenced to 30 years in prison of which she has already served 33 months.

Evelyn’s lawyers appealed the judge’s decision. They said forensic tests showed that the baby had died of meconium aspiration, inhaling his own stool. This can happen while the baby is still in the uterus, during delivery or immediately after birth. 

The lawyers said the test proved that Evelyn had not tried to abort the baby but that it had died of natural causes. “There is no crime,” defense lawyer Bertha María Deleón said during oral arguments. In 2019, the country’s Supreme Court agreed and annulled Evelyn’s 2017 conviction and ordered a retrial with a new judge.

Evelyn’s case could have a major impact on several other women across the country accused of similar crimes.

Credit: Oscar Rivera / Getty Images

According to human rights experts, there are at least 17 other women who have been jailed under the country’s strict abortion laws. Campaigners have successfully managed to free about 30 other women over the last decade  – after winning hard-fought court cases.

Evelyn’s retrial is the first case to be heard under new President Nayib Bukele, who took office in June, and women’s groups are hoping he could usher in a more lenient stance on the issue. 

President Bukele has said that he opposes abortion but has expressed sympathy with women suffering miscarriages who then come under suspicion.

“If a poor woman suffers a miscarriage, she’s immediately suspected of having had an abortion. That’s where the issue of social inequality comes into play,” he said while he was running for president.

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