Juan De La Cruz runs his own farm in Vergennes, is involved in his community, works a full-time job and is raising a family with his wife, Kirsten.
But the undocumented immigrant, who has no criminal record, had previously been deported in 2005 after crossing into the United States from Mexico. Because of new enforcement orders from President Donald Trump’s administration, Juan must leave the country again, on July 6.
Though many people were deported during president Barack Obama’s terms, the removals targeted criminals, Juan’s attorney, Matthew Kolken, told Seven Days. That’s all changed under Trump, said Kolken, who is based in Buffalo, N.Y.
“When individuals are found inside the United States after having been previously removed — even if they’ve been here many, many years and have established substantial ties to the country — rather than giving them an opportunity to request relief from removal, they are just reinstating the previous deportation order … and basically destroying a family in the process,” Kolken said.
Juan said he first came to the U.S. in 2003 and settled in New York. But he was caught by Immigration and Customs Enforcement in 2005 and deported. He returned, undocumented, that same year and settled in Panton, where he met Kirsten Lee, an American citizen. They married in 2009. She had four children from a previous marriage; the couple also have two young children together.
Early in their relationship, the couple contacted an immigration attorney to work on getting Juan a green card, according to Kirsten. But the process dragged on. They tried another lawyer, who encouraged them to lay low and await immigration action from then-president Obama.
In 2014, ICE ordered Juan to its St. Albans office, where officials detained him and took his fingerprints.
“I thought they were going to send me back then,” Juan said.
But the Obama administration “did not want to split up families,” Kirsten said. Instead, ICE allowed Juan to stay in the country under an “order of supervision,” which gave him authorization to work and live in the country — as long as he followed the laws and continued to check in with authorities each year — without fear of deportation.
“He has a driver’s license; he pays taxes,” Kirsten said. “Every year he goes in for his check-in. They basically ask if we live in the same location, how things are going and that’s it.”
That all changed during Juan’s June 6 visit to ICE in St. Albans.
“We were sitting in the waiting room and the officer came out, looked at my husband and said, ‘Give all your belongings to your wife; we have orders to detain you.’ And I just lost it and begged them to do something,” Kirsten said.
The couple’s 18-year-old son was to graduate from high school that week and Kirsten asked for more time. The officers relented, she said, and allowed Juan 30 days to get his affairs in order.
“I told them I’ve been trying to do the right thing — I have a family, a farm I run, a community that supports me,” said Juan. “I don’t know what else I can do. I’ve been here 14 years and now everything is coming down in 30 days.”
An ICE spokesman confirmed Juan must return to Mexico.
“Should he fail to leave the country by the required date, he will be considered an immigration fugitive,” public affairs officer Shawn Neudauer said in a statement.
The family has since worked with Kolken to find any avenue of relief. Vermont’s congressional delegation sent a letter — signed by Sens. Bernie Sanders (I-Vt.) and Patrick Leahy (D-Vt.) and Congressman Peter Welch (D-Vt.) — to the ICE regional director in Massachusetts asking him to reconsider.
The family learned Thursday that their request for relief had been denied.
“We’ve been grasping at straws since the first time he was required to check in,” Kolken said. “But it’s pretty dire right now.”
Kirsten said she depends on Juan’s income and help around the house. She runs a daycare, while he tends their herd of 70 sheep and their chickens. He also works as a meat cutter at Green Pasture Meats in New Haven.
Their just-graduated son had planned to go to the Netherlands June 20 for a 10-week internship, Kirsten said, but delayed it because he felt “he has to be the man of the family” and help earn money.
It’s been confusing and heartbreaking for all the children, but especially the youngest, Kirsten said.
“Our daughter, who is 5, says, ‘Papa has to go to Mexico because he’s Mexican?’ Then she looks at her own skin and says, ‘But I’m Mexican too! Do I have to go?’” Kirsten said. “She doesn’t understand.”
Moving the family to Mexico is likely out of the question, Kirsten said. She fears for their safety there, and said it would be difficult to earn a living.
Kirsten said the entire Vergennes community has rallied to help the family. A GoFundMe page has raised nearly $15,000 as of Thursday morning for legal expenses. And people have continually called or dropped in, asking how they can help, she said.
“The community support has been awesome,” Kirsten said. “People have been reaching out to us who we don’t even know. I’m not the type of person who asks for help — I’m usually the giver — so it’s been very difficult. It doesn’t come naturally for me to ask for anything.”
Juan agreed that the community support has been fantastic. But he remains frustrated by a system that doesn’t consider the person — just their status.
“I don’t know why I can’t get a second chance,” he said. “I know I screwed up when I got deported from New York, but I didn’t do any crime. They sent me back because I’m illegal, because I didn’t have documents. As far as I know, that’s not a crime.”
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What’s worse for our country a President that paid millions in taxes and created thousands of jobs as a private citizen of an illegal that crossed into our country illegally twice and apparently committed a crime when he got his license because last time I checked you need identification to obtain a license such as a birth certificate or social security card to get a license. So you are right Courtney I would say Trump is a better man than Juan and more honest too. How about having some pride in your country and respect for it’s laws. Those are things you probably never learned at what ever snowflake school you attended. You should try walking into Mexico sometime without papers and see how long they let you stay. I feel bad for you that you have no clue how civilized nations work. Have fun when MS13 moves to your neighborhood. Maybe you can become a snowbunny.
Oh I don’t know “Citizen”, how about right here:
“He has a drivers license; he pays taxes, Kirsten said. Every year he goes in for his check-in. They basically ask if we live in the same location, how things are going and thats it.
You want the IRS to investigate them to make sure their taxes are in order but you are supportive of the guy in the white house who won’t release his for public record? Which is worse for the country?! Actually, I already know what you will say.
Courtney where did it state that he paid taxes? You have to have a social security number to pay taxes and if he has one he must have got it fraudulently which is a crime. Juan states that he has no documents so I’m willing to bet he has not paid any taxes. It’s time for the IRS to investigate his farm and his wife’s daycare to ensure that all their taxes are in order. Also I bet the 18 year old son had to have paperwork and a visa to go on his internship over seas and that was only for 10 weeks is it fair for Juan to come to America for 14 years with nothong?
Courtney where did it state that he pays taxes?
Forget about Juan . Even if you feel badly about his situation , forget about Juan . How is this policy of removing all the illegals that can be caught , regardless of whether they are paying taxes and contributing to the American economy, how is removing them good for the USA ? So from a purely selfish approach , why is this a good idea ? Do people think spending lots of money to expel the Juan’s is somehow going to stop illegal immigration ?
One other more . It’s the “good” illegals that are easy to catch . The bad hombres are a lot tougher to round up .Nothing more then political theater . Even a dumb ass should get that .
Gene, did you skim over the part where it says how ICE has been allowing him to stay under supervision? I suppose you don’t care about that given your track record of hateful comments on here. This man is a father, an extremely hard worker who PAYES taxes and someone who the community here relies upon. Keep your hate to yourself.
Bullcrap with the statement that “she fears for their safety there.” Mexico is a huge country with some cities and states with high crime rates and others that are actually safer than most urban or even rural areas in the USA. As for earning a living, yes you can do it in Mexico too. So tired of that crap story.
Hey Juan didn’t you understand after being deported the first time that it is illegal to enter the USA without a visa or over stay on a student or work visa? I feel for your family but what did you think was going to happen just because you got married and had some kids the law should not apply to you anymore. Stop playing the poor me card and take responsibility for your decisions. Go back to Mexico and apply for citizenship the legal way. As for your wife saying that Mexico is not safe I agree and that is why the USA needs to enforce our laws in order to keep our citizens safe from those that make Mexico so dangerous coming here. Im sure you are a nice guy but that does not put you above the law. I truly hope you can be reunited with your family soon but do it the legal way. If you had done that 14 years ago you could have avoided this entire situation. And I would not try to cross illegally again Trumps solar wall is going to be hot. And Vermonters remember your elected officials put illegals “rights” before your rights. #timetovotethebaldguysout
Our immigration policy needs to have more heart. We will sell green cards through the EB-5 program but won’t cut this poor guy some slack. These poor children now will have a broken home. So sad!
“I don’t know why I can’t get a second chance,” he said. “I know I screwed up when I got deported from New York, but I didn’t do any crime. They sent me back because I’m illegal, because I didn’t have documents. As far as I know, that’s not a crime.”
What kind of dumb ass doesn’t understand that if something is ILLEGAL then it is a CRIME?