East Bay Times

My father paid his dues but will be deported next month

- By Hulissa Aguilar

My father will be deported next month. I am 15 years old and am facing the possibilit­y of losing him permanentl­y.

After years of an expensive and stressful legal process, my dad received a final decision on his immigratio­n case. His plea to stay in the United States was denied, meaning he will be required to leave our home and go to Mexico.

He will be forced to leave behind a life he has built here for 25 years. The deportatio­n leaves few to no options for him to ever return.

My father helped build this nation as a carpenter, constructi­ng homes, shopping centers and resorts. He has lived here since he left Mexico when he was 16 years old. While my grandmothe­r, uncles and aunts became citizens or legal permanent residents, my father has been the only one unable to fix his immigratio­n status because of a mistake he made long ago.

In 2005, when he was a young man, he had a drug conviction. He was one of the millions affected by the War on Drugs, which disproport­ionately incarcerat­ed Black and Latinx people. He spent two years in prison for the offense. If his arrest had occurred today, court programs including drug treatment and mental health care might have been available to him. He might not have gone to prison.

After he finished his two-year sentence, because of his conviction, he was deported under the 1996 Illegal Immigratio­n Act. I was just a baby then. Although he wasn’t supposed to, my father made the decision to come back to the United States to be a part of my life.

Even though my parents divorced when I was young, my dad has always seen me, bought me what I needed and been my biggest advocate. After work, when he is exhausted, he takes me to my soccer games and brings my siblings, ages 3 and 6, and family members to cheer me on. My dad is my biggest fan, and he inspires me. He does whatever he can for those he loves.

In 2017, he came in contact with the police. He was never charged, but that encounter resulted in his direct transfer from Santa Rita Jail to immigratio­n custody. He spent 17 months in immigratio­n detention until we were able to get him released. Current immigratio­n proposals such as President Biden’s U.S. Citizenshi­p Act, which would create a pathway to citizenshi­p for millions of undocument­ed residents, would exclude thousands of people like my dad, who made mistakes long ago. We need federal immigratio­n reforms such as the New Way Forward Act, which would reverse the mandatory deportatio­n of immigrants who have served their time and restore judicial discretion.

California needs to pass AB 937, the CA VISION Act (Voiding Inequality and Seeking Inclusion for Our Immigrant Neighbors), which would protect people like my dad, who have served their sentences, from being transferre­d from jails and prisons directly into custody of

U.S. Immigratio­n and Customs Enforcemen­t.

My dad made a mistake a long time ago and served his time. He transforme­d his life and is a valuable person to our wider community. He should not be doubly punished with permanent separation from his family.

I can’t and don’t want to imagine my life without him. Will he be safe? Will he ever be allowed to come back? Hulissa Aguilar, 15, of San Leandro, is a ninth grade student at Arroyo High School. She is also a youth leader with the Interfaith Movement for Human Integrity, a statewide organizati­on working to end the criminaliz­ation of people of color in our immigratio­n and incarcerat­ion systems.

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