“We’re here to show the people in the immigrant community of South Carolina that you can fight back,” said U.S. Rep. Luis Gutierrez, a Democrat who often speaks on immigration issues.
Gutierrez appeared with Gabino Sanchez, a 27-year-old construction and landscaping worker in Ridgeland, S.C., during Sanchez’s initial appearance at the Immigration and Customs Enforcement office in Charleston.
Sanchez was arrested on a traffic violation, found not to have a driver’s license and to be an illegal immigrant and reported to the federal agency. Gutierrez was there to argue that the deportation proceedings should be dropped under an agency policy that now provides for prosecutorial discretion in such cases.
Sanchez, who arrived in the U.S. from Mexico 13 years ago, has a wife and two children who are U.S. citizens. He had never been arrested.
The government needs to use its limited resources deporting illegal immigrants who are a threat to society, not people like Sanchez, the congressman said.
After the 75-minute hearing, the lawmaker said Sanchez had been given a March court date in Charlotte, N.C. But he said his office would immediately petition to have the deportation case dropped based on prosecutorial discretion.
On Jan. 1, South Carolina’s new immigration law, considered among the toughest in the country, takes effect. It will require all law enforcement officers to call federal immigration officials if they suspect someone is in the country illegally. The call must follow an arrest or traffic stop for something else, and officers are barred from holding someone solely on their suspicion.
The federal government has gone to court to block the law from taking effect.
Rob Godfrey, a spokesman for Gov. Nikki Haley, said the governor doesn’t support Gutierrez.
“As the daughter of immigrants who came to this country legally, Gov.Haley understands that no American value is more sacred than the rule of law. That’s what this is about – nothing more, nothing less,” Godfrey said. “These folks are not here legally — our laws require that you be here legally.”
Gutierrez expects a rash of new arrests when the South Carolina law takes effect. He said he was recently in Alabama, where a similar law requires police to detain people who can’t prove they are in the country legally and prohibits illegal immigrants from receiving government services.
“What we are trying to establish a month before the (S.C.) law takes effect is that the immigrant community does have a way to defend itself,” he said.
He said prosecutors must take into consideration in deportation proceedings such things as whether an immigrant arrived as a child, whether they have families and their ties to the community.
“The federal government is the only agency that can deport you,” he added. “The state of South Carolina can’t do it and the state of Alabama can’t do it.”