Update: Undocumented Immigrant Pardoned By Virginia Governor

(Updated 4:33 p.m. Wednesday) FAIRFAX COUNTY, VA -- On Wednesday Gov. Terry McAuliffe pardoned an undocumented immigrant detained by Immigration and Customs Enforcement in Fairfax on May 18.

Liliana Cruz Mendez, an 11-year Virginia resident from El Salvador, originally received a misdemeanor conviction for driving without a license in 2006. She was granted stays of removal in June 2014 and May 2015 by the Obama administration. She was detained May 18 at a regular check-in at ICE's Fairfax office and put on deportation orders.

“Today I pardoned Lilian Cruz Mendez, a mother of two who lives in Falls Church, for minor driving offenses that may contribute to her deportation," said McAuliffe in a statement. "While this pardon will not necessarily ensure that U.S. Immigration and Customs Enforcement (ICE) agrees to return Ms. Mendez to her husband and two children, I hope it will send a clear message that tearing this family apart will not make our Commonwealth or our country safer."

Patch got word the governor was exploring a pardon Tuesday from Fernanda Durand, a spokeswoman for the Latino and immigrant organization CASA.

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When the deportation would happen is at the discretion of ICE. She has two young children that are U.S. citizens. Her husband has applied to asylum, afraid to return to his home country. CASA filed another stay of removal request after Cruz Mendez was detained on Thursday, but ICE has not yet made a decision.

ICE spokesperson Carissa Cutrell had no comment on Mendez's case but said in a statement, "While ICE focuses its enforcement resources on individuals who pose a threat to national security, public safety and border security, Secretary Kelly has made clear, ICE will no longer exempt classes or categories of removable aliens from potential enforcement. All of those in violation of the immigration laws may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States."

McAuliffe and Rep. Don Beyer, a Democrat representing part of Northern Virginia, have expressed support for Mendez's release. Beyer spoke at a rally Tuesday at ICE's headquarters in DC.

“I’m very happy with this move by Governor McAuliffe to protect a Virginia family,” Beyer said in a statement. “Helping Liliana is exactly what I hoped and expected the Governor to do. What a contrast between his actions and the senseless move by the Trump Administration to split up a family, a move which deeply hurts American children and won’t help anyone at all.”

Similarly in Colorado a few days ago, Gov. John Hickenlooper pardoned an undocumented immigrant detained by ICE. Rene Lima-Marin, 38, had legal residency, but it was revoked when he was convicted for an armed robbery. He was detained by ICE when released from prison last week. Carl Rusnok, a spokesman for ICE, told Fox News that Hickenlooper's pardon would not be enough to stop the deportation.

Follow Patch for more updates as this story develops.

Image via Patch staff