Persecution, Sanctuary, and Tragedy: 2014-2016
In September 2014, Immigration and Customs Enforcement – Enforcement and Removal Operations (ICE-ERO) agents came to Francisco’s home and tried to arrest him without a warrant and separate him from his family. Francisco then publicly sought sanctuary at Augustana Lutheran Church in Portland, Oregon, a story that drew national attention. He stayed for 81 days, until an agreement was reached to allow him to leave the church in safety.
Afterwards, in a deeply unusual and likely political move, the Department of Justice (DOJ) charged Francisco with re-entry.
Two weeks after Francisco left the church, Department of Human Services (DHS) investigators came to his home to question and harass him about food stamps. Moises, Francisco’s eldest child, hid under the bed while the investigators were present. Afterward, Francisco tried to reassure Moises that the DHS investigators weren’t after him, but Moises was left traumatized by the situation. Moises kept begging to go back to El Salvador because he feared ending up in DHS custody. Finally, in July 2015, he flew back to El Salvador.
tragedy
On February 2, 2016, Francisco received the worst news any parent could hear: Moises had been murdered in El Salvador. Reports are that two gunmen were ordered to kill him. They called Moises by Francisco’s last name which, for security reasons, Moises didn’t have in his birth certificate, but which he had been using while he was living with his father in Oregon. When Moises answered, they said to him, “This is a message for your father, we have been ordered to kill you”, and they shot him as he was playing soccer. The investigation is over, and the chances of finding the real perpetrators are remote given that police were involved in protecting the perpetrators. Witnesses coming forward were taken into custody and accused of the murder – Moises’ cousin and two other teenagers were incarcerated for this reason. Thus, out of fear of retaliation, the many witnesses to the killing were silenced… Moises was just 19 years old.
Charges Dropped by DOJ
In June of 2016, the DOJ dropped the prosecution against Francisco. This meant Francisco was no longer facing prison time and an unjust criminal reentry charge. More than 3000 organizations signed support letters, thousands of individuals signed petitions, and cities around the country held rallies and vigils demanding that the charges be dropped, including one vigil in El Salvador in front of the United States embassy. This was an important victory in his case, and it was hoped that it would serve as an example for the DOJ to stop prosecuting refugees escaping violence.
ICE-ERO Tries for an End Run
But less than one week later, ICE-ERO was up to its old tricks. Rather than giving Francisco the opportunity to argue his case for asylum/withholding of removal before an immigration judge, ICE-ERO served him with a “Notice of Intent to Issue a Final Administrative Removal Order” (FARO), a little-known maneuver in which an ICE-ERO agent deport a non-citizen without even the limited judicial oversight provided by immigration court.
Francisco is appealing ICE-ERO’s attempt to deport him. In the meantime, Francisco is eligible to work, but there is obviously a great deal of economic and emotional stress on his family.
