- Three Mexicans sue DHS for “illegally” denying their permanent residences.
- The DHS stated that the three Mexicans did not comply with the 10-year bar outside the United States established by the Immigration Law.
- Those affected claimed that they had already spent more than 10 years outside the US and even so they are being denied residency.
Three Mexican residents of Colorado sued the United States Department of Homeland Security (DHS) for rejecting their applications for permanent residence, and they claimed that this decision was “illegal,” according to their lawyers.
The legal complaint was filed by the spouses Norma Cisneros Zavala and Álvaro Pérez González, whose children and grandchildren are US citizens; and by María Salazar Manzo, married to a US citizen and mother of two children born in the US, reported the Efe agency.
Mexicans sue DHS after denying them permanent residence
The lawsuit filed in Colorado District Court comes after the United States Citizenship and Immigration Services (USCIS), a DHS agency, declared the immigrants’ applications inadmissible because they did not meet the 10-year penalty established by Immigration Law, which penalizes to immigrants who enter illegally or stay longer than their visas allow.
Each of the three immigrants was living in the United States for more than a year in an undocumented way more than a decade ago, and they left the country. Cisneros and Pérez left the US in 2008, while Salazar returned to Mexico in 1999.
Immigrants obtained a tourist visa
Under the Immigration Law, the exits of Mexicans triggered the 10-year ban, immigration lawyer Luis Cortés, who represents immigrants, explained to Efe.
However, each of these immigrants applied for and obtained a tourist visa, which allowed them to return to the United States before the end of the 10-year waiting period of punishment, according to the lawsuit filed last week. The husbands submitted their applications to adjust their status in 2019, as did Salazar.
More than 10 years of punishment have passed
USCIS said in 2020 that the 10-year sentence immigrants would have to serve stopped when they returned to the U.S., making them ineligible for permanent residence. This despite the fact that since his departure more than 10 years have passed in the case of the spouses, and more than 20 years in that of Salazar.
“The text of the Law … reads more naturally as a categorical barrier to admissibility that applies for 10 years after the non-citizen left, but not after that,” the lawsuit argues, adding that “regarding comings or other events during that 10-year period, the statute is silent. ”
Mexicans are not the only ones with the same case
Lawyers for the Mexicans allege that the 10-year punishment ended for the spouses in 2018, while for Salazar the punishment period ended in 2009. Cortés, a Novo Legal Group lawyer for the three Mexicans, stresses that DHS cannot choose when wants to follow the law.
For his part, attorney Aaron Elinoff, who also represents the three plaintiffs, stressed that they are aware that DHS has done this to other applicants for permanent residence. The lawsuit asked the Federal Court for an injunction requiring DHS to follow the law and uphold constitutional due process protections, Elinoff noted. All three plaintiffs currently reside in Colorado.
They warn which immigrants could be punished outside the US for 10 years
On the other hand, they warn which immigrants could be punished outside the US for 10 years. Two “dreamers” traveled to Mexico to regularize their immigration status, but were met with the rejection of their request and a 10-year ‘exile’ punishment.
Efforts to allow them to return to the US have been unsuccessful, according to Efe. And now activists urge certain immigrants to make “well-informed decisions” before leaving the country to avoid the 10-year punishment.
Immigrants Issue Warning to Avoid 10-Year Punishment Outside the US
“When it comes to immigration processes, you have to consult at least three specialized lawyers, and find out about the risks of the process,” Karina Ruiz, director of Arizona Dream Act Coalition, an association based in the border state.
He adds that immigrants, even if they are protected by protection programs, must make “well-informed decisions” when they are trying to regularize their status or “they may end up living a nightmare far from home.”
Immigrants could receive 10-year punishment despite being ‘protected’
The warning comes after the two recent cases of the young Karumi Durán and Ana Rafael Cruz, protected by the Deferred Action program (DACA) and who left for Mexico to regularize their status because they were married to US citizens.
However, their requests were rejected by the authorities of the State Department, reports Efe. In addition, the Mexican women were punished for 10 years, during which time they will not be able to return to the United States for having previously entered the country undocumented.
‘Not with the help’ of congressmen
Adding to the long migratory path these young women are living is the fact that efforts to return them have not yielded results. Not even the intervention of congressmen has served to be able to grant them a humanitarian permit to enter the country.
Massachusetts Senators Ed Markey and Elizabeth Warren and Representative Lori Trahan have fought to bring back Ana Rafael Cruz, who came to the country with her mother when she was 7 years old and who was covered by DACA. Filed Under: Mexicans Sue DHS.
They ask Biden for help but are still out of the country
In the case of Karumi Durán, Congressmen for Texas Pete Sessions and Silvia García have made many requests to the President’s Government, Joe biden, to allow the young woman to return to the country and be reunited with her nine-month-old baby and her husband, says Efe.
Karumi Durán’s baby and husband stayed in the United States while she awaits his return. Jéssica Domínguez, Durán’s current attorney, explained that recently the Citizenship and Immigration Service (USCIS) denied an emergency humanitarian permit. Filed Under: Mexicans Sue DHS.
Immigrants separated from their families and sentenced to 10 years
The permit sought that the young Mexican could return to the country. “They do not consider that the separation suffered by this family is an emergency,” criticized the lawyer. From Mexico City, Durán told Efe that these have been the most painful days of his life.
The above, having to be separated from her family and explains that at the moment she cannot take her little girl to Mexico because she does not have the resources to guarantee her well-being in that country. “These are very sad times, this is a nightmare,” said Duran. Filed Under: Mexicans Sue DHS.
“I feel desperate, scared and alone”
Ana Rafael Cruz is experiencing a similar situation, who was “stuck” in Mexico this May when the United States consulate in Ciudad Juárez denied her application for permanent residence because she was married to a US citizen.
“I’m not going to lie, but sometimes I feel desperate, scared and alone,” said the “dreamer” in a message on her Facebook page, where she asks DACA recipients like her to seek a second opinion if recommended. return to their country of origin to apply for their visa, says Efe. Filed Under: Mexicans Sue DHS.
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