BOSTON, Nov. 16, 2006 (PRIMEZONE) -- A citizen of Lynn, Massachusetts is being returned on Nov. 17 to the United States after the Department of Homeland Security ("DHS") deported him in violation of a stay of deportation and a federal court order reopening his case. The apprehension, detention, wrongful deportation, and return of Eustaquio Juarez to the United States has been conservatively estimated to have cost taxpayers more than $30,000 to date.
This number is extrapolated from data published in a 2005 report from the Center from American Progress entitled "Deporting the Undocumented: A Cost Analysis." The report concluded that the costs of deportation of every undocumented individual currently in the United States would exceed $41 billion over five years. The report is based on information published by the Congressional Research Service and the Department of Justice.
Juarez, the father of three young United States citizen children, was originally placed in deportation proceedings in 1991. Notice of his deportation hearing never reached him due to a typographical error in the government's records. Juarez was ordered deported in absentia because he never received the notice.
Unaware of this order, Juarez continued to reside in the United States for more than 15 years. He paid taxes and raised his three United States citizen children, all of whom are under ten years of age. The youngest is only two years old.
Juarez was only notified of the 1991 order when he was detained by immigration officials in June of 2006. Through counsel, he immediately requested that the immigration court reopen his proceedings due to his prior lack of notice. Under federal regulations, this filing triggered and automatic stay of deportation.
On August 29, 2006, Juarez's request to reopen his proceedings was granted. The Immigration Judge in Dallas ruled that Juarez had established "reasonable cause" for his failure to appear at his 1991 deportation hearing due to the government's error. The court ordered his case reopened and scheduled a new hearing date for the case. Juarez was deported ten days later.
Despite the federal judge's ruling, Juarez was deported without notice or explanation on September 8. His attorneys spent two months in negotiations with the DHS to resolve the situation, which is believed to be unprecedented in the U.S. media.
"We have suffered a lot and made a lot of sacrifices without Eustaquio since June," his wife said. "It's been so hard without him. We are on the verge of being evicted from our home and I have had to borrow from friends to pay the bills and feed my three children."
"The turnaround on this case happened in record time, and is a precedent as far as I know," said Juarez's attorney, Jeff Ross of Ross & Associates in Boston. "We have all worked hard toward the same goal of justice for Eustaquio Juarez and his family. The Juarez family will be blessed with Eustaquio's presence at their Thanksgiving table this holiday season."