CHICAGO — The arrest of a Chicago husband and landscaper by immigration agents this fall — despite him having a pending green card application — is emblematic of the complicated immigration system facing many local families, immigration experts said.
The man, a Mexican national in his mid-30s, was detained in mid-October while working his landscaping job in the Chicago area, his lawyer said. He and his wife, a U.S. citizen, asked not to be named as he awaits an immigration decision, as they are concerned talking to reporters could affect his case.
Andres Diaz Jr., an attorney for The Resurrection Project, which provided free legal aid to the couple, described the man as a beloved husband and family man who was deeply appreciated by the landscaping customers who rallied behind him after his arrest.
Immigration agents did not show a warrant when arresting the man this October, Diaz Jr. said. Months earlier, the man and his wife had filed a petition for permanent residency that showed he had employment and family ties in the United States, as well as no criminal record, Diaz Jr. said.
After the man’s arrest, more than 20 family members and neighbors wrote letters of support to immigration authorities, Diaz Jr. said.
“He was someone that essentially had everything going for him, that should not have been arrested, that should not have been detained,” Diaz Jr. said in a video shared by The Resurrection Project.
Typically, when immigration agents encounter someone they suspect is not a U.S. citizen, they should verify whether the person has lawful status or an active immigration case — and people meeting that criteria should be allowed to go, Diaz Jr. said. If needed, they should be given notice to appear in immigration court, not detained, he said.
However, the man was taken to the Immigration and Customs Enforcement facility in Broadview before being transferred to a Michigan detention center.
“In my time as an immigration lawyer, I’ve never seen a situation where someone who was just weeks away from getting a green card is suddenly whisked away to [a processing center in] Broadview,” Diaz Jr. said.
The man’s wife was separated from him for 23 days, worried and longing for him, Diaz Jr. said.
“What gives me strength, what keeps me strong, my pillar, is my wife,” the husband said in the video.
In Broadview, the man was held in a crowded room with about 260 other people in “harrowing conditions,” Diaz Jr. said. At the end of October, local groups sued the Department of Homeland Security for keeping detainees in “horrific and inhumane” conditions at the processing center.
Feds ‘Overwhelmed’ System, Attorney Says
At the start of Operation Midway Blitz, officials from the Department of Homeland Security said it would target undocumented immigrants with criminal records. But this case is an example of how federal agents indiscriminately target Latino immigrants without criminal convictions, wasting resources on detentions that do not make the city safer and burdening immigration courts with cases that are already being reviewed by other immigration authorities, Diaz Jr. said.
The man’s case was already under review by U.S. Citizenship and Immigration Services, Homeland Security’s branch in charge of immigration benefits, which had received his green card application, Diaz Jr. said.
However, when the man was detained by ICE agents, authorities started another case to remove him from the United States, complicating his application. His wife desperately looked for an attorney and found help from The Resurrection Project, Diaz Jr. said.
Diaz Jr. helped represent her husband before an immigration judge and asked for his release on bond. While they were in that process, Citizenship and Immigration Services scheduled the man’s green card appointment, Diaz Jr. said.
Yet even after the man was released on bond, Citizenship and Immigration Services could not approve his green card unless an immigration judge closed the case, Diaz Jr. said. If the judge doesn’t close the case, lawyers have to appeal and request that the immigration judge approve or deny the green card instead of an immigration official, he said. The family is now waiting for that decision while clinging to hopes they can stay together.
“If he had not been detained, he would have a green card right now. But now, we have to go through all these hurdles,” Diaz Jr. said.
Finding qualified attorneys who can handle cases like this is critical and becoming more difficult, immigration justice advocates said.
The Resurrection Project is one of multiple immigrant advocacy organizations that has provided free legal services to hundreds of immigrants in the Chicago area. That proved to be a struggle as the number of residents detained during Operation Midway Blitz increased significantly, said Eréndira Rendón, vice president of immigrant justice for The Resurrection Project.
“For the folks that work in this field and for the immigrants that are seeking and trying to find legal representation, the frustration to not have that guidance and that representation that you need is very heavy,” she said.
The nonprofit has expanded its capacity over the years to be able to help with 80-150 cases per month. But as federal agents arrested hundreds of people daily during the peak of Midway Blitz, the Resurrection Project could not keep up with the demand and families were left desperate for help, she said.
Even families who had the means to pay struggled to find lawyers as federal agents “overwhelmed” the system, Diaz Jr. said.
Detained immigrants were held in out-of-state facilities and moved often, making it harder for attorneys to stay in touch with their clients, Diaz Jr. said. Amid these conditions, many detained immigrants felt desperate and chose to give up their cases and leave the country, Rendón said.
It is one of the ways the Trump administration is spreading fear and leaving immigrants reconsidering their place here, Rendón said.
“The amount of fear and inability to be able to live your daily life is the most painful … and if it feels like it’s neverending, there are people who are going to decide that they are going to leave,” she said.
How A Local Group Is Helping
The Resurrection Project is working to expand its capacity, keep up its Know Your Rights resources and increase planning education for immigrant and mixed-status families, Rendón said. It is launching an attorney panel program where private attorneys can take on cases and provide legal services for families who contact The Resurrection Project.
The nonprofit also plans to expand its efforts to educate families about their legal options when a loved one is detained or to prepare for the possible detention of a family member. This will include recommendations to ensure they have savings accounts to pay for legal aid, tips on setting up a GoFundMe campaign and making contingency plans, Rendón said.
It is also evaluating how it can better communicate with families of detained immigrants and provide useful information about their options, even if the nonprofit cannot provide a lawyer to represent their cases.
At the same time, it is challenging to provide universal guidance when the Trump administration and immigration judges are constantly changing policies or their interpretations, Rendón said.That makes it even more difficult for immigrants to defend their cases without an attorney, or leaves them confused when other immigrants who appear to have similar cases have different outcomes, she said.
“One, the immigration system is complex, and two, it’s intentionally becoming more complex and crueler,” she said.
Listen to the Block Club Chicago podcast: