(DACA)Utah mother detained by immigration officials gains temporary stay

Ianus · 10:52 AM

http://www.sltrib.com/home/5253411-1...tion-officials

Quote:

Silvia Avelar-Flores has returned home after being detained by U.S. Immigration and Customs Enforcement (ICE) agents last week.

The 31-year-old mother of three has been granted a reprieve — at least for now.

Her husband, Carlos Juarez, 32, said he and the couple's three children are relieved and joyful. "This is good news," he said.

Juarez was gathering up Adrian, 10; Jazira, 8; and Ariana, 2, late Thursday afternoon for the drive to Logan, where Avelar-Flores has been detained since April 28. She was scheduled to be released at 6:30 p.m. Thursday.

Her extended family planned to gather for a reunion Thursday evening, said Juarez, a legal, permanent resident.

Avelar-Flores came to the U.S. with her parents from Mexico when she was 7.

A statement from ICE Wednesday said she had overstayed her visa for more than 20 years and that a final order for her deportation had been issued.

But Thursday afternoon, attorneys for Avelar-Flores filed a petition with immigration officials to stay the deportation order, Juarez said.

Separate documents also were submitted seeking her admittance into the Deferred Action for Childhood Arrivals (DACA) program instituted in 2012 by the Obama administration. It recognizes that young people who came to the U.S. with parents are not at fault. Previously, Avelar-Flores had not applied for DACA.

Thursday's stay, however, doesn't mean she is completely out of the woods. Immigration officials will continue to review her request to remain in the U.S.

At a rally Wednesday in front of the Department of Homeland Security field office in West Valley City, Juarez said his wife's arrest shocked his young family. "They were devastated," he said.

A growing number of undocumented immigrants without criminal records are being separated by more aggressive immigration enforcement under the administration of President Donald Trump.

Actions like the one ICE brought against Avelar-Flores and her family are occurring across the country at an alarming rate, said Andrea Himoff of Action Utah. Trump said during the presidential campaign that he would deport 11 million undocumented residents, Himoff recalled.

Trump then softened that to say he would deport "only the bad ones."

However, since Trump took office, ICE has rounded up hundreds of people in Utah who have no criminal record, Himoff said. At least half the people detained nationally have no criminal record beyond traffic violations, she added.

Between Jan. 26 and March 13, 5,441 undocumented immigrants without criminal records were deported from the U.S., according to immigration statistics reported by The Washington Post. The total for that period is 21,362 deportations. Some were criminals, but the vast majority had been cited for, or convicted of, minor crimes, say immigrant advocates.

Nonetheless, Secretary of Homeland Security John F. Kelly has stated that ICE will no longer exempt any undocumented immigrants. "All of those in violation of the immigration laws may be subject to immigration arrest, detention and removal from the United States."

JohannBernoulli1667 · 05-05-2017, 12:20 PM

Good news!

If she is under DACA, she would have been okay. The fact is that she was not.

It is quite alarming thought, for those who have any kind of deportation order and are not under DACA.

dado123 · 05-05-2017, 03:21 PM

by reading the article I am not quite sure she knew she had a deportation order, looks like she overstayed her visa, and years later they came after her.

JohannBernoulli1667 · 05-05-2017, 03:24 PM

Quote:

Originally Posted by dado123

by reading the article I am not quite sure she knew she had a deportation order, looks like she overstayed her visa, and years later they came after her.

Interesting, you might be right.

Also, this seems to suggest that she was easily tracked be cause perhaps she lives in an area that has a small percent of overstays (Utah). I mean, it is just a thought.

I am still wondering why wouldn't she apply for DACA? If she ends up deported, this would be on her really.

Hopefully things get resolved though, for her family.

dado123 · 05-05-2017, 04:15 PM

Quote:

Originally Posted by JohannBernoulli1667

Interesting, you might be right.

Also, this seems to suggest that she was easily tracked be cause perhaps she lives in an area that has a small percent of overstays (Utah). I mean, it is just a thought.

I am still wondering why wouldn't she apply for DACA? If she ends up deported, this would be on her really.

Hopefully things get resolved though, for her family.

I think she may have entered via an airport and given an address, thus this would tip off an ICE agent as to where to start to look.

I think if you entered at the Mexican/US Border and said you are NOT going beyond 25 miles beyond the U.S. border, then you don't need to give an address. Thus, making it harder to be tracked down.

I think moot point for us since we have been here for like 20+ years or which ever your case is.

eRkah · 05-06-2017, 02:23 PM

Quote:

On April 1, 1993, Silvia Avelar-Flores legally entered the United States at San Ysidro, California, as a visitor for pleasure for a term not to exceed Oct. 1, 1993. However, Avelar-Flores failed to depart the United States as required by her visa," the statement said.

On Dec. 13, 1995, a federal immigration judge granted Avelar-Flores voluntary departure to Mexico with an alternate order of removal on March 31, 1996," the statement said. "On Sept. 23, 1997, the Board of Immigration appeals dismissed Avelar-Flores's appeal, making this a final order of removal."

So she was about 10 or 11 when the BIA ordered her removed. Pretty sad, hard to blame her if she didn't know about the removal order or what happened really. The statement "Avelar-Flores failed to depart the United States as required by her visa," placing blame on her is also a bit ridiculous as she was 7 years old

JohannBernoulli1667 · 05-06-2017, 03:03 PM

I see,

Interesting development. She is a a legal mess then. Hopefully the fact that she was a fucking child will allow her to stay with DACA.

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(DACA)Utah mother detained by immigration officials gains temporary stay