A Venezuelan Man Won Legal Protection From Deportation But ICE Still Deported Him To Mexico
Jesus spent three months awaiting his immigration case in Mexico thanks to the Migrant Protections Protocol (MPP) policy. “Remain in Mexico” is a fate that has left many migrants targets of cartel violence, but Jesus was a fortunate exception. After fleeing from Venezuela, then waiting in Mexico, he was able to win his court case without a lawyer and without being fluent in English.
The judge granted him withholding of removal which would normally protect a migrant from deportation. Jesus seemed to have scored a win or at least that was how it seemed. Soon after, he was taken back to Mexico with no explanation as to what was happening.
NPR featured Jesus’ story which proved to be a cascade of unanswered questions left by Customs and Border Protection — albeit with a hopeful ending.
Jesus and immigration lawyers are now scrambling to figure out what is going on.
When Jesus became one of 55,000 migrants forced to await a court date in Mexico for the second time, things began to seem vexingly suspicious. Kennji Kizuka, a lawyer with Human Rights First, took on Jesus’ case after his win in court.
“The proceedings in immigration court were finished. There were no more hearings to be held,” said Kizuka.
Kizuka told NPR that immigration officials put a false court date on Jesus’ paperwork, however, the date did not appear on any court docket. The court date is significant because migrants can only return to Mexico if they have a pending court appointment.
“They put a fake date on a piece of paper that says you have an upcoming hearing. And there was no hearing,” Kizuka said. “They wanted to return him to Mexico again, and they needed to convince the Mexican officials to take him back.”
CBP appears to be sending mixed signals to migrants.
A spokesperson from CBP told NPR that they do not use fake court dates and said the date was legitimate. CBP also says that migrants who are granted a withholding of removal protection can still be deported if authorities are considering appealing the judge’s ruling. NPR found 17 instances where migrants who were granted the same protections were deported.
“When an immigration judge’s decision is appealed or under consideration for appeal, immigration proceedings remain underway,” a CBP spokesman said.
However, Kizuka believes the documents that CBP gave to Jesus contained numerous false statements asserting that he had pending court dates when he does not. The government did not choose to appeal’s Jesus’ case either. To make matters more confusing. Acting Commissioner of CBP Mark Morgan says migrants who have won their cases should be able to stay in the U.S.
“I don’t think that should be happening,” Morgan told NPR with regard to Jesus’ case. “If that’s happened the way you described that, then that’s an anomaly. It’s a mistake. But we’ll take a look at that.”
Jesus scores a second win — but it won’t help other migrants necessarily.
Kizuka met Jesus in-person to help get him back into the United States using the judge’s court order. They were met with resistance.
“They told us that Jesus was not going to be allowed into the United States,” Kizuka said. “One officer told me that by going back to Mexico, his deportation had already been carried out.”
Kizuka did not give up. He argued at the border for four hours. He had other staff members call the Department of Homeland Security. He had them call members of Congress. He contacted anyone who could help. Finally, they gave in with no explanation.
Jesus is now living in Florida with his sister and mother. The three of them are fighting to receive asylum and become citizens. However, Jesus’ story highlights how much luck is necessary for any migrant to get the system to work properly for them even if they act lawfully throughout the process.
In Venezuela, Jesus was a police officer but when government officials asked him to arrest members of the opposition party for crimes they did not commit, he refused. His family became targets of violence, resulting in the murder of his father.
“They started to persecute me and my family,” he said. “They killed my father. My mother was followed. She was threatened with a pistol and beatings.”
When he was held in Nuevo Laredo, Mexico he narrowly escaped kidnappings and violence, much of which he witnessed himself. Jesus is content in Florida but he did not feel he was treated with dignity on his way to getting there.
“I hoped the treatment would be warmer, more humane,” Jesus said. “But the officials are really harsh and insulting to migrants. And the system is really complicated.”
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