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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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?
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.
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?
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.