Houston Chronicle

FAMILY UNITED IN FIGHT FOR FUTURE

Lawsuit will cite religion in bid to stop father’s deportatio­n

- By Olivia P. Tallet

Over the weekend, the weight of the last few months came crashing down on Karen Rodriguez.

She closed the door to her bedroom and burst into tears.

“I am broken. I am broken,” Karen cried as she sat on the floor, with her head to the ground.

She didn’t feel like “the leader of the house” anymore, as her father typically called his eldest daughter.

His deportatio­n was fast approachin­g, and she was feeling more helpless each day.

But Monday morning, she arrived at the Houston office of a prestigiou­s national law firm ready for a fight.

She was eager to sign her name to a federal lawsuit against the U.S. government, one that would challenge the effort to deport Juan Rodriguez on religious grounds.

She stood in front of a notary with about 10 lawyers and paralegals looking on, as she and her mother became the plaintiffs, “individual­ly and on behalf” of her two minor sisters.

Days earlier, Celia Rodriguez had worried about her three daughters becoming too exposed by the publicity surroundin­g her husband’s case.

She thought people might be unkind to them, yell ugly things, make a bad situation worse.

But Karen felt empowered now, as she hadn’t before.

She later took her turn before the microphone­s at a news conference, acting and sounding nothing like an 18-year-old.

The lawyers were still working on the details for the lawsuit last Friday afternoon.

Former Texas Supreme Court Justice David Medina, Juan Vasquez and David Calvillo, part-

ners at the Chamberlai­n Hrdlicka law firm, had volunteere­d to help the Rodriguez family with the support of the Hispanic Bar Associatio­n.

Vasquez, who is also an accountant, sat at the head of a long, granite table in a conference room in a black suit and red striped tie. Calvillo sat to his left, without his jacket and wearing suspenders. The men spoke softly to each other before sharing details of their strategy.

Like their new clients, they are Christians and family men. Vasquez has four children; Calvillo has eight.

They were struck, Vasquez said, by the Rodrigueze­s’ faith, by Juan’s role as the spiritual leader and by the Bibles scattered around their house open to select pages.

It became clear, he said, that the Rodrigueze­s epitomized those whom the Religious Freedom Restoratio­n Act was designed to protect.

The law, passed by a Republican Congress in 1993, says the “government shall not substantia­lly burden a person’s exercise of religion even if the burden results from a rule of general applicabil­ity.”

It was most notably applied in Burwell vs. Hobby Lobby, where the chain successful­ly claimed before the U.S. Supreme Court that it could not be forced by the Affordable Care Act to provide birth control to its employees because it would violate the employer’s religious beliefs. That decision was handed down in 2014.

Vasquez and the other lawyers expect to face strong counterarg­uments, from the U.S. Attorney

General’s office, from Homeland Security and from Immigratio­n and Customs Enforcemen­t.

But Calvillo said it’s clear that the religious law should apply, and Medina feels they have “a very strong case.”

The Rodrigueze­s are Adventist Christians, and “their religion says, we have to stay together, because we are a reflection of the holy family,” Calvillo said.

If Juan were deported, the family could not live their faith, he said.

His wife and children — all American citizens — would be forced to follow him to El Salvador,

creating “a religious, de facto deportatio­n,” Calvillo said.

The lawsuit also will claim that the family is being denied due process as defined under the Fifth Amendment of the Constituti­on.

The Rodrigueze­s should not be forced into “a war zone” in El Salvador through “an arbitrary and capricious change in the exercise of judgment at the federal level,” Calvillo said.

Juan Rodriguez had been checking in with immigratio­n officials for years and was allowed to stay in the country under prosecutor­ial discretion. But in February, he was informed that the rules had changed under President Donald Trump and that he would be deported on June 29. Vasquez said the recent lack of consistenc­y in ICE rules, even from city to city, should be investigat­ed.

In a separate legal action, Juan’s attorney, Raed Gonzalez, has begun the process to reopen a petition for asylum.

At the news conference Monday in front of the federal courthouse, the family’s lawyers discussed their hope that Juan will be allowed to stay in the country as the lawsuit makes its way through the judicial system. They had electronic­ally filed the motions at the office.

Calvillo wore a tie covered in crosses, a gift from his mother when he became a lawyer.

Medina found it “very interestin­g” that Tuesday marks the 50th anniversar­y of the date when Muhammad Ali was convicted in Houston — at the same courthouse — for refusing to be drafted into the military during the Vietnam War.

Ali cited “his sincere religious beliefs,” Medina said, and he won his appeal before the U.S. Supreme Court.

“We are making a similar argument,” Medina said.

The Rodrigueze­s were surrounded not only by lawyers, but by supporters from FIEL Houston, an immigrants’ organizati­on, and clergymen, including Joseph Fiorenza, the archbishop emeritus of Galveston-Houston.

Their pastor, Lázaro Sánchez, spoke about the family’s moral and religious qualities.

When it was time for Karen to take the podium, Vasquez offered her simple advice: “Speak from your heart.”

She was encouraged and strengthen­ed, she said, by all the help the family had received.

And she asked for more support — for people to stand with her family in front of ICE headquarte­rs in Houston at 9 a.m. June 29.

Later, her father couldn’t get over how well his daughter had handled everything. She seemed so mature; so intelligen­t, he said.

The day before, on Father’s Day, she said he was her hero.

But on Monday, he said, she was his.

 ?? Marie D. De Jesús photos / Houston Chronicle ?? The Rodrigueze­s — from left, Kimberly, Karen, Rebecca, Juan and Celia — hope a 1993 U.S. law pertaining to religion will be enough to keep Juan from being deported to El Salvador.
Marie D. De Jesús photos / Houston Chronicle The Rodrigueze­s — from left, Kimberly, Karen, Rebecca, Juan and Celia — hope a 1993 U.S. law pertaining to religion will be enough to keep Juan from being deported to El Salvador.
 ??  ?? Karen Rodriguez, 18, signs documents, witnessed by Kelly Jo Cannon, left, relating to the federal lawsuit.
Karen Rodriguez, 18, signs documents, witnessed by Kelly Jo Cannon, left, relating to the federal lawsuit.
 ?? Marie D. De Jesús / Houston Chronicle ?? Juan Rodriguez, right, holds his daughter Karen during a news conference Monday in front of the federal courthouse. Karen said she was encouraged by all of the help the family has received.
Marie D. De Jesús / Houston Chronicle Juan Rodriguez, right, holds his daughter Karen during a news conference Monday in front of the federal courthouse. Karen said she was encouraged by all of the help the family has received.

Newspapers in English

Newspapers from United States