An undocumented Vergennes farmer who was ordered to return to Mexico will have the opportunity to plead his case for asylum in immigration court, the man’s lawyer said Thursday.
Juan De La Cruz had originally been ordered to leave the United States by July 6. But his forced removal was delayed after his attorney, Matthew Kolken, argued that De La Cruz had a “reasonable fear of torture” if he returned to his home country.
Last Friday, De La Cruz and Kolken, who is based in Buffalo, N.Y., presented the case by phone to an asylum officer who granted De La Cruz the opportunity to argue for “relief from removal” before an immigration judge.
“The judge will decide if he’ll be able to receive protection from the United States,” Kolken told Seven Days. “We are just keeping our fingers crossed,” he added.
A date and place for the hearing have yet to be set, according to Kolken.
De La Cruz was deported in 2005 while he lived in New York. He returned to the U.S. that same year, settled in the Panton-Vergennes area and eventually married Kirsten Lee, an American citizen. De La Cruz never got a green card or other documents he needed to reside in the U.S.
Kirsten has four children from a previous marriage while the couple have two children together. They also own a small farm and Juan works as a meat cutter. Kirsten runs a home day care.
Kirsten expressed joy after hearing the news Thursday. She said she worries about making ends meet if Juan must leave the country — and the danger he could face in a Mexico she described as “controlled by cartels.”
“I’m still nervous. It’s good news that it’s going in the direction that it should, but I’m still scared to death,” she said. “We still have a judge that has to make a decision. I don’t want to get my hopes up for anything and then not have it happen.”
The community has rallied to support the De La Cruz family, raising about $19,000 on a GoFundMe page to help with mounting legal costs.
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Mexico is a country not a small town. Americans and other nationals vacation there everyday. Cubans and Central Americans and North Americans still move to Mexico. Why isn’t it too dangerous for them?
https://www.ricksteves.com/watch-read-listen/read/tms/vacationing-south-of-the-border
It is dangerous in Mexico. Even for Americans. Kidnappings happen all the time and people are asked to pay ransom. If they don’t comply their loved ones get shot or tortured. Mexico has an increase in drug activity and gangs. People get killed there often. Google and read before commenting.
Mexico is very dangerous. Drug Cartels are all over the country killing people including innocent people. This violence has increased in the past two years. Mexican people who are deported from the United States are high risk for getting kidnapped,tortured and murdered if their families do not pay ransom demands. The reason the people go to the United States is because they cannot live in poverty and because of the dangers in Mexico. Those with American spouses are at very high risk of being tortured and killed along with their families. Please google information on this subject to become more informed.
There are dangerous areas in the United States where gangs and guns are the norm, it doesn’t mean the entire US is dangerous. Me, my family and many US, UK and Canadian citizens travel and enjoy Tourist areas in MEX without incident. My heart goes out to this family, however this article does not mention why this man is being deported or why he hasn’t filed the appropriate paperwork to be in US legally. Sounds fishy.
DJ please read the previous article about Juan and how he has already been deported once before for entering this country illegally. Juan is what some would call a slow learner and he entered the country again illegally shortly after being deported. This time he convinced someone to marry him and instead of filing paper work for citizenship he just disregarded the rules till he got caught again. It’s time for Juan and his family to learn they are not above the laws of this country. I would agree that Mexico is dangerous but if Juan is the honest guy that the media is painting him as he should have no problem staying away from the cartels unless he plans on hiring one of their smugglers to get him across the boarder illegally once again. I sure hope Trumps solar wall gets built soon.
Hey Citizen big mouth…why don’t you go to Mexico and test the waters….he had a lawyer in the past who screwed them (have you ever heard the term “sharks” when referring to lawyers?). You are ignorant and should stop posting as you have no credibility.
I don’t think he should be deported, per se, but I don’t see how he qualifies for asylum.
Sally I’ve been to Mexico several times and have never had a problem. In fact I’ve met some of the nicest people there. So how about you get a little pride in your country and stop supporting people that have no respect for it’s laws. If Juan’s lawyer was not doing the job Juan hired him to do he should have hired a lawyer when he was in Mexico and came to America legally. If Juan had done that in the first place we would not be having this conversation. Juan is just like so many liberals and feels a sense of entitlement. If you can’t respect the laws of the land than you have to go.
Sally – you should go to Mexico. Take a trip or two. People are for the most part very friendly and accomodating. You’re living in a bubble. All Juan needs to do is get documented.
The Obama administration set the rules for deportation of illegal imagrants. Those rules applied to people that are criminals breaking laws. He did not include illegals who have families and are in the USA to work and give the same life to their families that most Americans have. The Trump Administration are the ones who recently gave the push to deport everyone. Of course without thinking about families being torn apart and the rights that children born in this country have. Children have the rights to be raised by their parents. Both of them!! The psychological damage being created by these new rules to the children is real and heartbreaking. These people’s basic human rights and civil rights are being violated. Google information on the horrible detention facilities that are holding the good immigrants for lengthy periods of time. Many of these people are the good people as described in a previous comment. They are being beaten and tortured in these facilities and it is cruel and uncalled for. And yes many people being sent back to Mexico are being tortured and killed. Maybe Legal criminals in this country should be handed to the cartels in Mexico for sentencing. Mr Trumps new rules are costly not only to families but to the business owners who employ many of them while our deadbeat dads from the USA sit back and collect money from our government while they sit on their butts doing nothing! At least the immigrants are working hard and contributing to society. I find that anyone who would want to remove parents from young children VERY DISTURBING!!! The hardened criminals should go away not the hardworking family’s.
Here’s the reality folks 67% of illegal immigrants are on some kind of federal assistance. The Obama administration opened the flood gates and turned a blind eye to the fact that open boarders would bankrupt our country’s social welfare system at the same time it would allow massive amount of illegal drugs to flood into the country. So to all of you bleeding hearts out there that feel so bad for these law breakers I say it’s time the government take away your benefits and if you are not part of the social welfare state I say you pay for these illegals out if your own pockets. The hard working citizens of this country have a hard enough time providing for themselves and their families, we can not take care of people that have no respect for our country’s laws and coming here illegally is not respectful it is selfish and these peoe must understand that there are consequences for actions and when you break the law your family pays the price right along with you. It’s time to BUILD THAT WALL.
I don’t remember seeing anywhere in this article that said he’s one of the 67% that’s sucking us dry. I do think he needs to get his green card, or whatever is needed to legally stay here. Because he is married, has 2 children that were born here, is gainfully employed, and owns a business, wouldn’t it make more sense and save $$ to HELP him become a citizen?
Citizen claims that “67% of illegal immigrants are on some kind of federal assistance” He provides no documentation for his claim, which is clearly false.
“In September 2015, the Center for Immigration Studies published a landmark study of immigration and welfare use, showing that 51 percent of immigrant-headed households used at least one federal welfare program…” Note that the total figure is considerably lower than “citizen”‘s number AND it includes ALL immigrant-headed households, not just illegal ones. https://cis.org/Cost-Welfare-Use-Immigrant…
Moreover, following the footnote on that statement leads to another report which adds: ” it is clear that the overwhelming majority of immigrant households using welfare are headed by legal immigrants.” And also: “Most new legal immigrants are barred from welfare programs when they first arrive, and illegal immigrants are barred as well. But the ban applies to only some programs; most legal immigrants have been in the country long enough to qualify for at least some programs and the bar often does not apply to children; states often provide welfare to new immigrants on their own; naturalizing makes immigrants eligible for all programs; and, most important, immigrants (including illegal immigrants) can receive benefits on behalf of their U.S.-born children who are awarded U.S. citizenship at birth.” https://cis.org/Welfare-Use-Immigrant-and-…
Facts matter.
John your facts come from a government that has lied for so long they don’t know where the truth begins and their asses end. If you believe the government you are doomed to fail. That’s the Democratic way. Stop enabling and grow some patriotism. Play by the rules people. John if you care so much about Juan and his family why don’t you represent them for free. Or is that above your skill set?