Edgar “Lupe” Mendoza and his girlfriend, Cindy Magana, had no idea what was happening when five Immigration and Customs Enforcement (ICE) patrol cars pulled them over on North Common Street in January.
The couple were taking their 4-year-old son, Zahir, to a doctor’s appointment when the black Chevrolet Tahoes flashed their lights.
“We were scared and wondered why we were being surrounded, and as Edgar was being handcuffed our son asked ‘What’s happening to daddy?'” Magana said. “At first I thought it was the Lynn police, but when the female officer tapped on my driver’s side window, I saw her ICE badge.”
Mendoza, 43, was taken into custody because his working permit had expired. Following his arrest, he was held in the Plymouth County Correctional Facility for two months. He was released last Tuesday following a hearing at Boston Immigration Court.
Judge Jose A. Sanchez rejected the Department of Homeland Security’s request to deport him to his native El Salvador. Instead, the judge granted his request for permanent resident status, the authorization to live and work in the U.S. He is expected to receive his green card and get back to work in the next few weeks.
The couple, who live in Lynn, held their breath at the hearing in the John F. Kennedy Building.
“About 30 friends and family were in the courtroom, I was crying and couldn’t even breathe,” Magana said.
While Lynn Police Chief Michael Mageary said there have not been widespread sweeps by ICE in the city, the number of arrests and deportations increased last year following President Donald Trump’s executive order to boost enforcement.
ICE reports the number of arrests in Greater Boston rose by 52 percent last year compared to 2016, while year-over-year deportations swelled by 44 percent in 2017.
An ICE spokesman declined to comment on the case. He confirmed Mendoza, an El Salvador citizen, was arrested by ICE officers in Massachusetts on Jan. 16, detained while his immigration case was pending, and freed from custody at the conclusion of his case last week.
“For privacy reasons, ICE cannot discuss an individual’s application for immigration benefits,” the spokesman said in an email.
Magana acknowledged Mendoza, who immigrated from El Salvador more than 20 years ago, was undocumented. He lacked a green card, which provides permanent resident status and allows immigrants to live and work in the U.S. as long as they do not commit any crime that would make them removable under immigration law. She also said he was arrested last year for driving without a license and paid a fine for the violation.
The couple met at the Pollo Royal restaurant in Revere in 2011 where they worked. Magana, who grew up in Portland, Maine, said the pair moved into an apartment in a three-family home her mother owns in Lynn a few years ago.
She acknowledged Mendoza arrived from the border illegally at age 20 and came to Massachusetts where his sister was waiting for him, she said.
For the last six years, Mendoza has been working for a MetroWest flooring contractor.
His boss, who asked to remain anonymous for fear of reprisals from U.S. Immigration officials, praised Mendoza as one of this best workers.
“He’s my go-to guy,” the company’s owner said. “He’s great and has become a friend. He’s a fast learner, shows up on time, is polite, and is always available when I need him. I count on him because he’s skilled and he’s great with our customers who are typically owners of single- and multi-family homes.”
The owner said he recently wrote a recommendation on behalf Mendoza’s request for a green card that was submitted to the court.
The couple finally breathed a sigh of relief on Sunday.
Mendoza said he happy to be back with his family and his immigration troubles are behind him.
“It means not fearing losing the most important part of my life, my family,” he said. “Now, I will be able to provide better for them.”
What to do when ICE men cometh:
- The American Civil Liberties Union (ACLU) advises not opening the door to your home unless agents can show a warrant signed by a judge. They recommend you ask to see it through a window or slipped under the door.
- ICE administrative warrants don’t allow agents to enter a home without consent. Residents can ask through the door why the agents are there and request an interpreter if they need one.
- If there is no warrant, tell the agents to leave the information outside the door.
- If agents force their way into the home, don’t resist, and tell everyone in the residence to remain silent.
- If you are arrested remain silent and do not sign anything until you speak to a lawyer.
- ICLU also advises undocumented immigrants to have a plan in place for what they will do they are arrested, including who will care for children.
- Important documents, including passports, birth certificates, marriage certificates and medical records should be organized and stored securely.
- It is important that neither you nor your family give ICE your passport.
- Do not lie to ICE, but remember you do have the right to stay silent.
- Take notes of badge numbers, number of agents, time, type of car and exactly what happened.
SOURCE: American Civil Liberties Union
