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FOR IMMEDIATE RELEASE
November 14, 2014
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URGENT: Grandfather of 3 Faces Deportation After Merced County Violates the TRUST Act
Merced -- As frustration continues to mount over President Obama's delay of common-sense deportation relief, a grandfather from Merced may be just days away from deportation - in violation of a California law and the basic principles of due process. California immigrant rights groups-including California Immigrant Youth Justice Alliance, Fresno Immigrant Youth In Action, San Joaquin Immigrant Youth Collective, and Asian Law Caucus-are urging an immediate halt to the deportation.
Sergio Lopez-Tena, father of 3 U.S. citizens, could be deported by the end of the week. Sergio is a victim of a TRUST Act violation by Merced County Sheriff's Department, which illegally detained him on an immigration hold before turning him over to Immigration and Customs Enforcement (ICE). Sergio has been in the United States for over 30 years and has extensive family ties-including 3 U.S. citizen children, 3 U.S. citizen grandchildren, and a U.S. citizen wife-in the country. His family is now in desperate need to have him home for the holidays.
Sergio is also a victim of President Obama's delay in exercising his power to provide administrative relief. Sergio was detained in June 2014, around the same time that President Obama promised that he would act by the end of summer if Congress did not pass immigration reform. Although there is heightened speculation that President Obama's expanded immigration relief plan-which would likely encompass individuals like Sergio-is likely to be released in the coming weeks, his administration continues to deport at a record pace, forcibly separating 1,100 families each day.
Background: On January 1, 2014, the TRUST Act (AB 4) went into effect after it was signed in October 2013. Merced County was slow to implement a compliance policy, only releasing one in late June 2014, six months after the enactment of the law.
On June 1, 2014, Sergio was pulled over on his way to work and was given a breathalyzer test. Even though he passed the test, he was taken into custody because of an open beer bottle in his car, which he had not been drinking. Sergio was not charged with any crime.
Sergio should have been released, but instead, the Merced county Sheriff's Department illegally held him for several days before turning him over to ICE in violation of the TRUST Act. Sergio's family was not allowed to post bail. Sergio was protected by the TRUST Act and should not have been transferred to ICE custody.
For the past five months, Sergio has been detained by ICE at Rio Cosumnes Correctional Center in Elk Grove, CA. ICE could execute his deportation order any day. Immigrant rights groups are urging ICE to exercise its prosecutorial discretion and stop Sergio's deportation.
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Advancing Justice - ALC was founded in 1972 as the nation's first legal and civil rights Asian American organization. Recognizing that social, economic, political and racial inequalities continue to exist in the United States, Advancing Justice - ALC is committed to the pursuit of equality and justice for all sectors of our society, with a specific focus directed toward addressing the needs of low-income, immigrant and underserved Asian Americans and Pacific Islanders. Visit www.advancingjustice-alc.org.
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