DERBY -- A Derby father facing deportation Thursday now has the support of Connecticut's U.S. senators.
Senators Richard Blumenthal and Chris Murphy wrote to Immigration and Customs Enforcement Monday asking the agency to reconsider its decision to deport Luis Barrios, a father of four who has lived in the U.S. for 25 years.
In a joint letter they said they have received no information to justify the action.
"It does not appear that Mr. Barrios poses a threat to the integrity of the immigration system. Mr. Barrios has no aggravated felonies, felonies, or misdemeanors in the United States, is a productive and valued member of his community, and has four U.S. citizen children. Based on these factors, we respectfully ask that his request for prosecutorial discretion be granted,” the Senators wrote.
According to his attorney, Barrios was stopped back in 2011 for a broken tail light and since then, he's been on Immigration's radar.
ICE deemed his case 'low priority' for years and he was granted a number of temporary stays. This year that stay was denied. He is scheduled to be deported on May 4.
"I don't want to say anything bad [about] them because I know it's part of their job, but I think it's not a right thing to do," said Barrios.
Barrios is seeking asylum from his native Guatemala but his case has never been heard.
He has a legal work permit, has worked for the same company for almost 15 years, and owns his home in Derby. He is his family's sole source of income.
"I come here for better life, better future and now I have my kids, my four kids" said Barrios.
He said, "I'm feeling very sad because it's the first time I will be separated from them."
Barrios has a one-way plane ticket booked for Thursday back to his native Guatemala, but his family is hoping for a last minute emergency stay with the help from the Senators.
Barrios' daughter Jessica said, "We try to be strong, especially for our family the younger ones too, because we can't show that weakness. We have to keep moving forward and just think positive and not think negative."
"I just really hope they can hear our voices, especially as a family, because tearing a family apart, it's not right. It really isn't," she said.
Full text of the Senators' letter is below:
May 1, 2017
Thomas D. Homan
Acting Director
Department of Homeland Security
Immigration and Customs Enforcement
500 12th Street, SW
Washington, DC 20536
Dear Director Homan:
We write on behalf of our constituent, Mr. Luis Barrios (A070 892 693; DOB: September 21, 1965), from Derby, Connecticut. We have been informed that Mr. Barrios has been directed to return to Guatemala on May 4, which prompted our urgent request for the consideration of prosecutorial discretion in his case. Based on Mr. Barrios’s strong ties to the community, including four U.S. citizen children, his lack of an arrest record, and the credible threat of violence against him if he is forced to return to Guatemala, we believe prosecutorial discretion is warranted.
It is our understanding that Mr. Barrios entered the United States without inspection in 1992 after being warned to flee his home country because his father was being threatened. We have been told that multiple members of Mr. Barrios’s family have subsequently been killed, and he has reasonable fears of being targeted himself if he returns to Guatemala.
Mr. Barrios has four children, ages 19, 16, and twin 11 year olds, who are all U.S. citizens. We are informed that Mr. Barrios has been employed by Pease Septic for the past thirteen years and is a valued employee. Mr. Barrios owns his home and pays for his daughter’s tuition at the University of Bridgeport. Since his wife is unemployed, Mr. Barrios’s removal would leave his dependents without support, potentially posing a significant burden on the state.
Mr. Barrios’s Motion to Reopen Order of Removal, filed on April 17, 2017, is currently pending with the Board of Immigration Appeals (BIA). It is our understanding that a stay was also filed with the BIA and that ICE denied his request for a Stay of Removal on March 2, 2017, but that previous stay requests filed over the past five years have all been granted. We are unaware of any recent adverse events that should prompt ICE’s most recent denial.
Based on the information available to us, it does not appear that Mr. Barrios poses a threat to the integrity of the immigration system. Based on the information that has been provided to us, Barrios has no aggravated felonies, felonies, or misdemeanors in the United States, is a productive and valued member of his community, and has four U.S. citizen children. Based on these factors, we respectfully ask that his request for prosecutorial discretion be granted.
Thank you for your consideration of this important matter.
Sincerely,
Richard Blumenthal Chris Murphy
United States Senate United States Senate