By: Steve Foster
MIAMI – ICE continues immoral deports of long-resident non-criminal Hns despite approved I-130s, adjustment interviews, & USC children, destroying families & endangering our borders.
1) Alexandre Nicolas (A74 674 073, in U.S. since 1994) was deported to Haiti last Wednesday. His USC wife, Yves Carmel Nicolas (cel 407 879 0178), had received an Approval Notice for him from CIS (receipt date February 1, 2005, priority date January 21, 2005; Notice Date October 5, 2006). They married April 5, 2003 and have a USC daughter Beatrice Nicolas, born May 17, 2004 in Orlando, where the three lived together in an apartment until ICE arrested Alexandre as he left his apartment to go to work at 6:30 a.m. Feb 13. (Yves Carmel was sleeping & found out when a neighbor knocked on her door waking her to tell her not long after.) Yves Carmel became a naturalized USC in November 2004; Alexandre was held at BTC in Pompano Beach. Alexandre had a final order & no criminal record. (They had filed with a notary; FIAC promised a month ago to interview him at BTC; upshot unknown.) The couple was thinking of buying a house; Yves Carmel called me today to tell me of the deportation.
2) Despite an approved I-130 & March 26 date to become an LPR (she’s eligible to adjust as a parolee), ICE’s Miami Field Director Michael Rozos on 2/15/07 denied Candace Jean (305 899-1211)’s Stay of Deportation request for Marie Thelusma (A77 013 827), who had lived in US since 1/18/00 & has a USC husband & USC child (4-yr old Schneider Arne). Noting the 3/26 interview date, Mr. Rozos stated, “It should be noted that it is not the policy of (ICE) to grant stays solely based on pending benefits. The purpose of a Stay of Deportation is to temporarily halt the removal of a removable alien from the United States. A Stay of Deportation is a matter of discretion and not a right. Pursuant to 8 CFR 243.4, ICE may grant a Stay of Deportation for such time and under such conditions as it deems appropriate. After careful consideration of the foregoing facts, the Application for Stay of Deportation or Removal on behalf of Ms. Thelusma is denied.” (underlines in original, bold added). The nature of said consideration is unclear.
3) Joseme Charles (here since 2000), mother of two USC asthmatic infants, was whisked away from them within 5 minutes around 6:00 a.m. January 11 and deported to Haiti February 9 based on a travel document obtained based on misleading information provided by ICE (intentionally or unintentionally) which listed “Guadeloupe” next to the children’s names but omitted that they were born and living with her in Orlando. When informed before the plane’s departure of the misleading information, presence of sick USC children, and imminently pending attorney interview to determine legal relief and representation, Deportation Officer Headman (highest reachable official), promised a high level government official that he would try to halt the deportation; the plane departed at least 40 minutes thereafter notwithstanding, deporting her.
Such deportations mock U.S. law and tradition, congressional legislation which would cover them, and Miami-Dade’s February 20 resolution. They insult Haiti and our community. They destroy families. They dry up remittances. They destabilize Haitian-American communities and Haiti’s economy. They lead to desperation, loss of life and resources, injury to U.S. national security. If you have influence, please use it to stop them.
Steven David Forester, Esq., Senior Policy Advocate
Fanm Ayisyen Nan Miyami/Haitian Women of Miami, Inc.
786 877-6999
www.fanm.org
