Undocumented Immigrant's Stay Of Removal Denied By ICE

FAIRFAX COUNTY, VA -- Immigrations and Customs Enforcement denied stay of removal requested for an undocumented immigrant detained in Fairfax on May 18. The denial means Liliana Cruz Mendez, an 11-year Virginia resident, will be deported back to El Salvador.

Cruz Mendez 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. Cruz Mendez was detained May 18 at a regular check-in at ICE's Fairfax office and put on deportation orders.

CASA, a Latino and immigrant organization fighting on Cruz Mendez's behalf, wrote to ICE Acting Director Thomas D. Homan as a last ditch-effort to keep her in the country. "Liliana has no other criminal history and has been a model resident of the Commonwealth of Virginia since 2006," wrote Nicholas Katz, senior manager of legal services for CASA. CASA had filed the stay of removal request after Cruz Mendez was detained on Thursday.

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She has two young children who are U.S. citizens. Her husband has applied for asylum, afraid to return to his home country. The organization says her son Steven suffers from asthma and a learning disability, and that these would be difficult to treat in El Salvador.

When the deportation would happen is at ICE's discretion. ICE spokesperson Carissa Cutrell said said in a statement to Patch Tuesday, "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."

ICE's decision comes after Gov. Terry McAuliffe pardoned Cruz Mendez Wednesday in an attempt to release her.

“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 Wednesday. "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.

Democrats, including McAuliffe, Sens. Tim Kaine and Mark Warner and Rep. Don Beyer, who represents part of Northern Virginia, have expressed support for Mendez's release. Beyer spoke at a rally May 23 at ICE's headquarters in DC.

Beyer said in a statement after ICE's decision, “The remarkable turn of events in our nation will deport Liliana to her native El Salvador, despite a pardon by her governor for a broken tail light infraction, and advocacy by both of her U.S. Senators. It will also deprive two young children of their mother."

Cruz Mendez's deportation order has also caught the eye of candidates in the governor's race.

Similarly in Colorado, Gov. John Hickenlooper recently 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 courtesy of CASA