Family Moab

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In Arches National Park

Wednesday, February 15, 2017

Jeanette Vizguerra, part 3 of 3

Continued from Jeanette Vizguerra Takes Sanctuary (part 1) and part 2.
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After several weeks, the guards moved Jeanette out of solitary and into the larger group of females. There were nearly eighty women detained, and Jeanette quickly assumed the roles of organizer and helper, assisting women with their requests to lower bond amounts, translate documents, find legal support.
“I was able to talk with the women in detention, and they told me all about their cases. I helped when I could, because it kept my mind off of my family and my community back in Denver. I was able to call home more once I was out of isolation, but I was getting close to my deportation date – August 2013. I was in the CCA detention for four months, trying so hard to get back to my children.”
In between helping the other women with their cases, Jeanette filled out document after document to explain her situation, why she was pulled over, why she had forged documents, and especially why she left the country to see her dying mother. Her departure and re-entry placed Jeanette in the category of persons considered “high priority” for removal. This category includes persons convicted of crimes and felony border crossing (re-entry after forced removal).
“I was always reminding them,” noted Jeanette, wrinkling her nose as the smell of burning leaves wafted by. “Always explaining why I left the country, why I deserved to come back. My communities back in Denver were helping me, too, contacting Congress people and ICE officials on my behalf. My faith groups, my social groups, school and church communities, they all wrote to the ICE officials in Texas and asked for a stay of removal.”
Before the date of her deportation, Jeanette’s lawyer called.
“He said, de pronto algo cambio, no lo puedo creer! (All of a sudden something changed, you are not going to believe it!). If you believe in God, give thanks to him. You can stay!”
Jeanette smiled at the memory as the wind whisked hair in her face. She removed strands thoughtfully as she added, “I couldn’t believe that I would get to see my children, could put my arms around them.”
 “Several things happened. First, the press knew all about my case, from Denver to Washington to Venezuela. All eyes were on the ICE official in Texas, the one in charge at the detention center. Also, many people had written to this man, asking him to help me. All of the women in detention with me had signed a petition begging for mercy in my case.”
 “Initially, the ICE official was suspicious. He said, ‘who’s been organizing all of the women to do this? Organizing is not allowed in here!”  I told him that I didn’t know anything about the letter – because I didn’t – but that I was an activista, after all.” Jeanette shrugged her shoulders and smiled while the other women chuckled.
Brenda added, “The women were grateful because she had helped all of them with their cases. Now they wanted to help her.”
“The last thing that made a difference was that the ICE official read about my story and he said that it touched his heart. I didn’t know whether to believe him or not, I was a bit suspicious when I heard that. But when I saw him in the office he told me, ‘You have suffered enough.’ He had tears in his eyes, and emotion on his face. He even gave me a big hug when he said I could go.”
A corner of Jeanette’s mouth turned up at my doubtful expression. “The local ICE officials have a lot of control. You wouldn’t think that they could make decisions like that, but they can. Everything depends on the person in charge.”
ICE officials temporarily released Jeanette and allowed her to return to Denver in June, 2013. After an emotional reunion with her family, she was able to spend a few weeks getting back to her normal routine, taking her children to school, helping with their homework, participating in her communities.
After six weeks, Jeanette went to her first supervisory check-in with ICE and was unexpectedly taken into custody again, in front of her children. The kids wept and shouted as she was led away by an official who had decided to override the Texas release.
“I was so angry they did this in front of my kids – so angry!” Jeanette clenched her fist. “Ever since I was taken the first time my children have to go to a psychologist each month. They suffer always, afraid that I will be taken away – to never come back.”
Children of undocumented parents are more likely to suffer extreme stress and anxiety, including PTSD. Jeanette’s son, Roberto, talks about his trauma in a PSA cameo “every day when I wait for my mom to pick me up from school, I get scared she won’t be able to come.”
Desperate to return home, Jeanette applied for a discretionary stay of removal. Her request was denied at first, but after her supporters moved into action with a surge of phone calls, rallies, and protests in front of ICE administrative offices, ICE approved the stay and released her on August 8, 2013.
As of fall, 2017, Jeanette has been granted four consecutive stays of removal.  As each grace period winds down, Jeanette and her legal team have to reapply for a stay, adding to their eight hundred pages of supporting documentation. Each time the grace period lapses, Jeanette’s children worry again about losing their mom. Jeanette appears troubled yet resigned over her next appeal.
“My most recent stay of removal ends in February of 2017, and all the paperwork is due in January. It will be different this time, because the request goes to a different department. I was allowed to apply for a U visa, so the paperwork goes somewhere new.”
The U visa is granted to persons who are victims of certain crimes here in the United States, who have suffered mental or physical abuse as a result of the crimes, and who help law enforcement or government officials in the investigation or prosecution of the crime. Such crimes include: blackmail, domestic violence, extortion and rape. Congress created the U nonimmigrant visa during the passage of the Victims of Trafficking and Violence Protection Act in October 2000. According to the US CIS government website, “the legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes” (USCIS website, n.d.).
 In simple terms, the legislation was created to help victims who would otherwise never come forward about their crimes because they could be punished with deportation or imprisonment. People without legal status in the United States are often at great risk of abuses, including injury or nonpayment on the job, because they have little recourse.
Jeanette was a victim of crime under investigation, so she couldn’t discuss it, except to say that she was assisting the police, and that she was allowed to petition for the U visa. Now her petition for a stay of removal is tied with her application for the visa, and the process takes on a new shape.
La lucha sigue. The fight continues,” said Jeanette. “I am so fortunate to have a team of good people working on my case, including my lawyer. Not everyone is so lucky.”

Jeanette continues to fight on behalf of all persons in detention. She helped to create a Denver branch of the Sanctuary movement, which resulted in a local church successfully harboring Arturo Hernandez Garcia for nine months until ICE informed him that he was no longer a priority for deportation. Arturo and his wife have two daughters who are citizens. Though Arturo is now free, they are kept in limbo while his case remains pending.
Jeanette originally kept her involvement in Arturo’s case a secret, because she feared recriminations, but recently she has been open about participating in the Sanctuary movement. She was invited to a national meeting of Sanctuary leaders in Arizona and spoke before representatives from all over the country.
I asked if I should keep her participation in Sanctuary off the record.
“No. In this chapter of my life, I want my work to be recognized. I continue my work with American Friends Service Committee (AFSC), Centro Humanitario (assisting day laborers with finding good work and getting paid fair wages), Colorado Immigrant Rights Coaltion (CIRC), Rights for All People (now Derechos Para Todos), Black Lives Matter, and the Community of Native Americans. I can’t say no to requests for help. No puedo decirno,” she added.
“Do you volunteer full-time now?”
 “Oh no, I still work full-time, cleaning buildings. But I volunteer at night and on weekends. I visit schools and universities very often, and go to a different church on many Sundays.” She listed some of her contacts at Denver-area universities including Denver University, Regis University and the University of Colorado. Jeanette also calls in to a radio program each Monday and speaks via telephone. The program is called “Un dia sin fronteras, or ‘one day without borders.’
At this point, Brenda’s young daughters emerged from their car, peering at the sky suspiciously. Assured that the rain clouds had passed, the girls approached us and pulled gently on Brenda’s arms, begging her to go home.  As she saw signs of the conversation ending, Zury also came back to the circle and laid a small, possessive hand on Jeanette’s shoulder.  Jeanette smiled and Brenda shrugged into her jacket as she translated Jeanette’s closing words.
“Never lose your faith. Never give up - you’ll never know what you could have done. I have been fighting for seven years to stay with my children, and I will not stop.”

Afterword

On February 15, 2017, Jeanette’s stay of deportation was denied. The courtroom was full of armed ICE officials when the verdict was read to a crowd of Jeanette’s friends and supporters. Jeanette herself was not at the hearing. She listened to her instinct and went into sanctuary at a UCC church in Denver, the first person to resist deportation under President Trump’s new orders. Her future, and the future of her family, is uncertain.

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