RI's Calderon is Plaintiff in ACLU Lawsuit on Behalf of Immigrant Couples Separated by ICE

GoLocalProv News Team

RI's Calderon is Plaintiff in ACLU Lawsuit on Behalf of Immigrant Couples Separated by ICE

Lillian Calderon
Rhode Island's Lilian Calderon is the lead plaintiff in a lawsuit filed by the ACLU challenging the Trump administration’s pattern separating married couples and families who are pursuing lawful immigration status.

Click here to see the lawsuit

As GoLocalProv reported, In January, Calderon appeared at the local U.S. Citizenship and Immigration Services (USCIS) office with her husband for an interview designed to confirm their marriage, the first step in the process of seeking to become a lawful permanent resident. Immediately after the interview, she was detained by ICE and taken to a detention facility in Boston where she was held for almost a month.

A lawsuit filed by the ACLU of Massachusetts, along with the ACLU of Rhode Island, led to her release in February.

GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLAST

“Ms. Calderon is the mother of two young children who has never been in trouble with the law. In fact, she was arrested by ICE while she was trying to obey the law. She was doing exactly what the government had asked in light of her immigration status before they snatched her away from her family. As today’s class action lawsuit makes clear, Ms. Calderon’s plight is far from unique. As a nation of immigrants, it is appalling to see the federal government’s now-persistent and cruel attack on families like the Calderons who are simply trying to follow the rules,” said Steven Brown, executive director of the ACLU of Rhode Island.

The Lawsuit

The class action lawsuit is against President Trump, Department of Homeland Security (DHS) officials, and Immigration and Customs Enforcement (ICE) officials, on behalf of Calderon, her husband, and others, in an effort to protect immigrants from detention and deportation and to keep families together while noncitizen spouses pursue the government's pathway for lawful immigration status.

The class action filing comes after incompatible actions of two DHS agencies: U.S. Citizenship and Immigration Services (USCIS) and ICE.

In 2016, USCIS enacted regulations that allowed certain noncitizen spouses of U.S. citizens to pursue lawful immigration status while remaining in the United States with their families. The express purpose of the process, according to the lawsuit, is to protect U.S. citizens and their spouses from extended – and potentially indefinite – family separation.

“The Trump administration has relentlessly pursued detaining and deporting as many immigrants as possible, no matter the costs to family unity and civil rights. In all of the quotas, the raids, and other cogs of the Trump deportation machines, there are human beings. There’s a lot at stake here; this class action lawsuit seeks justice for all the families – the married couples, the mothers, the fathers – torn apart by this administration. Today, we warn Trump, again: we’ll see you in court,” said Carol Rose, executive director of the ACLU of Massachusetts.

In addition to Calderon and her husband Luis Gordillo, the other petitioners include:

  • Lucimar de Souza and Sergio Francisco: On January 30, de Souza and Francisco together attended their interview to confirm their marriage for her lawful immigration status. Immediately after the interview, and despite the approval of the marriage petition, de Souza was detained and today remains held at the Suffolk County House of Corrections in Boston, separated from her husband and 10-year-old son.
  • Sandro de Souza and Carmen Sanchez: de Souza – a Brazilian immigrant who has lived in the United States for more than 20 years – has been ordered to depart the country by April 24, despite progress on his pending application process via USCIS and despite his history of checking in regularly with ICE. Without the federal court’s intervention, he will be forced to leave behind his U.S. citizen wife and lawful permanent resident son.
  • Oscar Rivas and Celina Rivera Rivas: Rivas fled his native El Salvador at age 18 and sought asylum in the United States after being beaten and shot at for refusing to join a gang. Since his asylum case was denied, he has regularly presented himself to ICE, appearing at every court date and check-in required. Ten years later, he started a family, and filed his application for lawful immigration status. At his March 1 check-in with ICE, he was ordered to depart the country by May 2. His removal would devastate his U.S. citizen wife and two young children.
  • Deng Gao and Amy Chen: Gao is currently in the queue for an interview in Boston to confirm his marriage. The couple fears that, like others, Mr. Gao could be detained at this interview. Their four children – including their newborn and 12-year-old son who requires constant care – are particularly dependent on him for financial support.

17 Biggest News Stories of 2017

Enjoy this post? Share it with others.