UPDATE: Congressional Delegation Urges Halt of Big Island Resident Deportation

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UPDATE: June 6, 2017

Rep. Tulsi Gabbard (HI-02) and the Hawai‘i congressional delegation (see “PREVIOUS POST” below) called on the Department of Homeland Security to halt their impending action to deport Andres Magana Ortiz of Kailua-Kona.

“Today we call on the Department of Homeland Security to suspend its order to deport Andres Magana Ortiz, and instead allow him to continue on his pathway towards legal status,” said Rep. Gabbard. “Mr. Ortiz is an upstanding member of society in Hawai‘i and embodies the values that we embrace as Americans—hard work, family and community. The deportation laws facing Mr. Ortiz were designed for dangerous criminals who pose a threat to our society; not law-abiding contributing members of our community. I hope Secretary Kelly will do everything in his power to halt Mr. Ortiz’s deportation proceedings.

PREVIOUS POST: June 5, 2017

Sen. Mazie K. Hirono and the Hawai‘i Congressional Delegation urged U.S. Department of Homeland Security Secretary John Kelly to stop the deportation of Hawai‘i Island resident Andres Magana Ortiz.

Ortiz, a well-respected Hawai‘i Island coffee farmer, faces deportation after living in the United States for nearly 30 years. Last week, the Ninth Circuit Court denied Ortiz’ request to remain in the U.S.

“Mr. Magana Ortiz is an upstanding member of our community and does not belong in the category of dangerous individuals who should be prioritized for deportation,” wrote Sens. Hirono and Brian Schatz, and Reps. Tulsi Gabbard and Colleen Hanabusa. “In fact, during his immigration proceedings, the government itself conceded that Mr. Magana Ortiz possesses good moral character. Mr. Magana Ortiz poses no such threat to national security or public safety and therefore should not be a priority for removal. Rather, it is in our national interest for Mr. Magana Ortiz to remain in the United States where he can continue to work, pay taxes and raise his family.”

Sen. Hirono also spoke to Secretary Kelly over the phone to ask that he exercise his discretionary authority to allow Ortiz to stay in Hawai‘i. The Secretary of Homeland Security has the authority to issue a stay that would stop the deportation.

The full letter is printed below:

Dear Secretary Kelly:
We are writing to request that your Department exercise its prosecutorial discretion and re-evaluate the request for a stay of removal for Mr. Andres Magana Ortiz of Kailua-Kona, Hawaii. We believe the particular circumstances of Mr. Magana Ortiz’ case merits the extraordinary grant of a stay. Mr. Magana Ortiz is currently in the process of adjusting to legal status on the basis of his wife’s citizenship. In other words, he is trying to do the right thing. Mr. Magana Ortiz is an upstanding member of our community and does not belong in the category of dangerous individuals who should be prioritized for deportation. In fact, during his immigration proceedings, the government itself conceded that Mr. Magana Ortiz possesses good moral character.

We agree that persons that pose a threat to national security and public safety should be a priority for deportation proceedings. However, Mr. Magana Ortiz poses no such threat to national security or public safety and therefore should not be a priority for removal. Rather, it is in our national interest for Mr. Magana Ortiz to remain in the United States where he can continue to work, pay taxes, and raise his family.

The Department has the authority under 8 CFR 241.6 to issue an administrative stay of removal—essentially, to decide whether to keep families together or tear them apart—and in 2014 Mr. Magana Ortiz received a stay. At that time, presumably the Department found his arguments compelling and consistent with federal law, which has not changed. He filed subsequent stays, one of which was not acted upon by the Department, and another that was denied in March of this year. As a result of this denial, Mr. Magana Ortiz received a Final Order of Removal and has been ordered to report to ICE for deportation on Thursday, June 8, 2017.

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The Department’s most recent denial wastes the government’s time and resources on proceedings for an individual who poses no threat to our nation, while a parallel proceeding that could resolve the issue remains open. In 2015, Mr. Magana Ortiz’s wife filed an I-130 Relative Petition for Alien Relative. According to the District Court’s record, this petition was filed in September of 2015 but receipt had not been acknowledged by the Department until March 29, 2016. Given that this avenue is still open and unresolved and has taken what appears to be an extraordinarily long time, we fail to see the value in the Department’s aggressive approach to Mr. Magana Ortiz’s deportation.

In his concurring opinion to the denial of the motion, Judge Stephen Reinhardt noted that Mr. Magana Ortiz entered the United States from Mexico in 1989, at the age of 15, and has since built a house, started his own business, paid taxes, married a U.S. citizen and had three U.S. citizen children. He wrote that Mr. Magana Ortiz is by all accounts “a pillar of his community and a devoted father and husband.” Judge Reinhardt further stated that deportation would deprive Mr. Magana Ortiz’ children of a parent and source of financial support, and possibly of a home and an opportunity for education, unless they follow him to Mexico, a country where they have never lived, and where they do not speak the language.

The department has the power to keep this family together, or to break them apart. Given the urgent nature of Mr. Magana Ortiz’ situation, we request that you exercise prosecutorial discretion by granting a stay of relief. In addition, we ask that you expedite review of his wife’s I-130 petition.

Thank you for your prompt consideration of this request.