Non-Criminal Deportation Cases Drain Federal Resources

Hector de los Santos is married to a U.S. citizen and has lived in the U.S. for nearly 25 years, working in construction, paying taxes, and supporting his family, daughters and wife. This 60-year old family man was arrested by Immigrations and Customs Enforcement (ICE) in front of his home on July 26, 2011. He has no criminal history and no links to terrorism, according to his immigration lawyer Mercedes Cano.

While the Obama Administration has repeatedly touted its record of fighting terrorism and focusing on DHS's high enforcement priorities, De los Santos' case shows how low-enforcement cases continue to drain DHS resources. De los Santos has been detained (as of Nov. 15, 2011) with no chance of bond, home arrest, or any prosecutorial relief while his case is pending. He is not a flight risk as he has no criminal history, has not evaded immigration authorities, and has roots firmly planted in New York, according to Cano.

De los Santos's lawyer said he has spent more than 12 years trying to resolve his immigration status. From 1997 to 2009, he worked with an "attorney," who was later arrested on fraud charges, to resolve his case. During this time, he consistently notified the government of his address, filed taxes, and regularly showed up for immigration interviews.

His U.S. citizen wife, Genela De los Santos, suffers from various medical conditions, including reduced lung capacity, emphysema, diabetes, and chronic asthma, legal briefs said. Her condition makes it difficult for her to perform tasks like cooking, laundry, and cleaning, she said. Her husband takes care of these needs in addition to providing for her financially.

"Hector does this without hesitation because he loves her," explained his cousin, Martin Mateo. While his wife struggles to get by and his family has made repeated requests for his release, De los Santos remains imprisoned in an ICE facility outside of New York.

Department of Homeland Security's Secretary Janet Napolitano has publicly declared that "diverting DHS enforcement resources away from individuals who pose a threat to public safety" hinders the Department's public safety mission, argues Cano, adding that the message is clearly being ignored by ICE agents on the ground.

"De los Santos has an appeal pending, and his wife has filed a petition for him to legalize his status," Cano said. "Meanwhile, ICE agents trained to focus on national security, continue to monitor Hector round-the-clock—spending countless government resources on an individual who poses absolutely no threat to public safety."

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Nonprofits & Activism

Tags:

• immigration
• deportation
• hector de los santos
• non criminal cases