But the undocumented immigrant, who has no criminal record, had previously been deported in 2005 after crossing into the United States from Mexico. Because of new enforcement orders from President Donald Trump’s administration, Juan must leave the country again, on July 6.
Though many people were deported during president Barack Obama’s terms, the removals targeted criminals, Juan’s attorney, Matthew Kolken, told Seven Days. That’s all changed under Trump, said Kolken, who is based in Buffalo, N.Y.
“When individuals are found inside the United States after having been previously removed — even if they’ve been here many, many years and have established substantial ties to the country — rather than giving them an opportunity to request relief from removal, they are just reinstating the previous deportation order … and basically destroying a family in the process,” Kolken said.
Juan said he first came to the U.S. in 2003 and settled in New York. But he was caught by Immigration and Customs Enforcement in 2005 and deported. He returned, undocumented, that same year and settled in Panton, where he met Kirsten Lee, an American citizen. They married in 2009. She had four children from a previous marriage; the couple also have two young children together.
In 2014, ICE ordered Juan to its St. Albans office, where officials detained him and took his fingerprints.
“I thought they were going to send me back then,” Juan said.
But the Obama administration “did not want to split up families,” Kirsten said. Instead, ICE allowed Juan to stay in the country under an “order of supervision,” which gave him authorization to work and live in the country — as long as he followed the laws and continued to check in with authorities each year — without fear of deportation.
“He has a driver’s license; he pays taxes,” Kirsten said. “Every year he goes in for his check-in. They basically ask if we live in the same location, how things are going and that’s it.”
That all changed during Juan’s June 6 visit to ICE in St. Albans.
“We were sitting in the waiting room and the officer came out, looked at my husband and said, ‘Give all your belongings to your wife; we have orders to detain you.’ And I just lost it and begged them to do something,” Kirsten said.
The couple’s 18-year-old son was to graduate from high school that week and Kirsten asked for more time. The officers relented, she said, and allowed Juan 30 days to get his affairs in order.
“I told them I’ve been trying to do the right thing — I have a family, a farm I run, a community that supports me,” said Juan. “I don’t know what else I can do. I’ve been here 14 years and now everything is coming down in 30 days.”
An ICE spokesman confirmed Juan must return to Mexico.
“Should he fail to leave the country by the required date, he will be considered an immigration fugitive,” public affairs officer Shawn Neudauer said in a statement.
The family has since worked with Kolken to find any avenue of relief. Vermont’s congressional delegation sent a letter — signed by Sens. Bernie Sanders (I-Vt.) and Patrick Leahy (D-Vt.) and Congressman Peter Welch (D-Vt.) — to the ICE regional director in Massachusetts asking him to reconsider.
The family learned Thursday that their request for relief had been denied.
“We’ve been grasping at straws since the first time he was required to check in,” Kolken said. “But it’s pretty dire right now.”
Kirsten said she depends on Juan’s income and help around the house. She runs a daycare, while he tends their herd of 70 sheep and their chickens. He also works as a meat cutter at Green Pasture Meats in New Haven.
Their just-graduated son had planned to go to the Netherlands June 20 for a 10-week internship, Kirsten said, but delayed it because he felt “he has to be the man of the family” and help earn money.
It’s been confusing and heartbreaking for all the children, but especially the youngest, Kirsten said.
“Our daughter, who is 5, says, ‘Papa has to go to Mexico because he’s Mexican?’ Then she looks at her own skin and says, ‘But I’m Mexican too! Do I have to go?’” Kirsten said. “She doesn’t understand.”
Moving the family to Mexico is likely out of the question, Kirsten said. She fears for their safety there, and said it would be difficult to earn a living.
Kirsten said the entire Vergennes community has rallied to help the family. A GoFundMe page has raised nearly $15,000 as of Thursday morning for legal expenses. And people have continually called or dropped in, asking how they can help, she said.
“The community support has been awesome,” Kirsten said. “People have been reaching out to us who we don’t even know. I’m not the type of person who asks for help — I’m usually the giver — so it’s been very difficult. It doesn’t come naturally for me to ask for anything.”
Juan agreed that the community support has been fantastic. But he remains frustrated by a system that doesn’t consider the person — just their status.
“I don’t know why I can’t get a second chance,” he said. “I know I screwed up when I got deported from New York, but I didn’t do any crime. They sent me back because I’m illegal, because I didn’t have documents. As far as I know, that’s not a crime.”
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“I don’t know why I can’t get a second chance,” he said. “I know I screwed up when I got deported from New York, but I didn’t do any crime. They sent me back because I’m illegal, because I didn’t have documents. As far as I know, that’s not a crime.”
What kind of dumb ass doesn’t understand that if something is ILLEGAL then it is a CRIME?
Our immigration policy needs to have more heart. We will sell green cards through the EB-5 program but won’t cut this poor guy some slack. These poor children now will have a broken home. So sad!
Hey Juan didn’t you understand after being deported the first time that it is illegal to enter the USA without a visa or over stay on a student or work visa? I feel for your family but what did you think was going to happen just because you got married and had some kids the law should not apply to you anymore. Stop playing the poor me card and take responsibility for your decisions. Go back to Mexico and apply for citizenship the legal way. As for your wife saying that Mexico is not safe I agree and that is why the USA needs to enforce our laws in order to keep our citizens safe from those that make Mexico so dangerous coming here. Im sure you are a nice guy but that does not put you above the law. I truly hope you can be reunited with your family soon but do it the legal way. If you had done that 14 years ago you could have avoided this entire situation. And I would not try to cross illegally again Trumps solar wall is going to be hot. And Vermonters remember your elected officials put illegals “rights” before your rights. #timetovotethebaldguysout
Bullcrap with the statement that “she fears for their safety there.” Mexico is a huge country with some cities and states with high crime rates and others that are actually safer than most urban or even rural areas in the USA. As for earning a living, yes you can do it in Mexico too. So tired of that crap story.
Gene, did you skim over the part where it says how ICE has been allowing him to stay under supervision? I suppose you don’t care about that given your track record of hateful comments on here. This man is a father, an extremely hard worker who PAYES taxes and someone who the community here relies upon. Keep your hate to yourself.
Forget about Juan . Even if you feel badly about his situation , forget about Juan . How is this policy of removing all the illegals that can be caught , regardless of whether they are paying taxes and contributing to the American economy, how is removing them good for the USA ? So from a purely selfish approach , why is this a good idea ? Do people think spending lots of money to expel the Juan’s is somehow going to stop illegal immigration ?
One other more . It’s the “good” illegals that are easy to catch . The bad hombres are a lot tougher to round up .Nothing more then political theater . Even a dumb ass should get that .
Courtney where did it state that he pays taxes?
Courtney where did it state that he paid taxes? You have to have a social security number to pay taxes and if he has one he must have got it fraudulently which is a crime. Juan states that he has no documents so I’m willing to bet he has not paid any taxes. It’s time for the IRS to investigate his farm and his wife’s daycare to ensure that all their taxes are in order. Also I bet the 18 year old son had to have paperwork and a visa to go on his internship over seas and that was only for 10 weeks is it fair for Juan to come to America for 14 years with nothong?
Oh I don’t know “Citizen”, how about right here:
“He has a drivers license; he pays taxes, Kirsten said. Every year he goes in for his check-in. They basically ask if we live in the same location, how things are going and thats it.
You want the IRS to investigate them to make sure their taxes are in order but you are supportive of the guy in the white house who won’t release his for public record? Which is worse for the country?! Actually, I already know what you will say.
What’s worse for our country a President that paid millions in taxes and created thousands of jobs as a private citizen of an illegal that crossed into our country illegally twice and apparently committed a crime when he got his license because last time I checked you need identification to obtain a license such as a birth certificate or social security card to get a license. So you are right Courtney I would say Trump is a better man than Juan and more honest too. How about having some pride in your country and respect for it’s laws. Those are things you probably never learned at what ever snowflake school you attended. You should try walking into Mexico sometime without papers and see how long they let you stay. I feel bad for you that you have no clue how civilized nations work. Have fun when MS13 moves to your neighborhood. Maybe you can become a snowbunny.
Haha! Wow, snowflake school and snow bunny…god can any of you 45 lovers EVER come up with more creative insults?
Sell the farm and move to Mexico, Juan first.
The negative responses show ignorance. Maybe your thinking will change when Mr Trump takes away your health care. I hope you don’t have children.
Hey Janet I work for a living and provide health care for all my company’s employees so the government does not give me or anyone that works with me a thing more people should try it. When you are not dependent on the government you can truly be free. But I’ll keep working and paying taxes because millions on welfare are depending on me. I’m sure Juan and people like him have no clue what goes into making our country work and have no regrets about putting it in trillions of dollars of debt that your kids kids will be left to pay off but let’s just keep letting these law breakers come and drain our country. Good idea.
Hey @citizen, actually you don’t need a social security number to file taxes. Last year alone, undocumented immigrants contributed an estimated $24 billion in federal taxes to the United States economy using ITIN. Don’t go calling people names and spouting baseless information until you at least have a fact-based argument.
http://www.npr.org/2017/04/17/523634144/tax-filings-seen-dipping-amid-trump-crackdown-on-illegal-immigration
Ember how many of those illegal immigrants just filed in order to collect a refund? I don’t know the answer so I’m hoping you do. But filing just to collect the minimum rebate is not paying taxes it is just sucking more out of the system. You know there is a difference right. And if these illegals can take the time to file taxes how come they can’t take the time to apply for citizenship? Why do people turn a blind eye to people breaking the laws of this country would you turn I blind eye if I came and took your wallet I don’t think so. In the story it states that Juan checked in every year as required, I’m sure in at least one of those checks someone told him to apply for citizenship. It also states that his lawyer told him to lay low he should have got a better lawyer and started the process instead he waited till it was to late. TO BAD.
And Mr “Citizen” who hides behind an anonymous moniker – it took me ten seconds to find out that you can get a driver’s privilege card in Vermont without a birth certificate or social security card. Stop telling lies to support your baseless accusations. I guess you have learned from the master liar…your hero Trump….who sues at the drop of a hand, won’t release his taxes and notoriously doesn’t pay for work done.
@citizen I would go out on a limb and say most Americans file their taxes because they want, need, and WORKED for that refund. Last time I checked that wasn’t illegal.
I never said filing was illegal but being here without permission is and obtaining forged documents is too. So stop protecting illegals. Your enabling does not help America. As for illegals getting licenses it is a sign that politicians don’t care a bit about the citizens of this country. Of the licensed illegal drivers how many are properly insured? I bet your tune would change if one hits your car and leaves you holding the tab. And how about all the citizens families that have been killed by illegal immigrants either purposefully or by accident? What do you tell them that the laws that should have prevented the illegals from entering the country are meaningless and that their loved ones are just collateral damage. That seems heartless to myself and millions of others that follow the laws of America. But I know we are just mean racist people. Welcome to reality my friends. And just to be clear Trump is not the one making up stories about the Russians and how Comey was fired for doing his job. Those are lies being told by the best liers of all the Democrats.
Seven Days should really stop allowing anonymous comments; it just stupids the place up.
Citizen –
Keep drinking that kool-aid buddy, and keep supporting the largest threat this country has had in decades. (Trump, if you could not figure that out).
Btw, the first lady worked in the U.S ILLEGALLY for over 2 years (Juan was actually legal btw to do so). But of course most of Trumps supporters ignore that fact because you know ‘She’s hot’ or ‘She’s been vetted for years now so it doesn’t matter’.
How about all the illegal people who work for his hotels who DON’T have paperwork? Isn’t Trump in the wrong for that?
The orange turd doesn’t even pay his bills.
But you know, MAGA!
The headline ought to have read “Illegal alien who lives in Vergennes is being legally deported under United States laws.” Juan is not being forced to do anything and it’s ludicrous to say he is. That he is a father has nothing to do with anything. Nice try for the sympathy play. My rights and safety as an American citizen comes before that of any illegal alien. Want to stem the illegals flow more? Do the obvious: require able-bodied U.S. citizens who are on the dole to work those jobs; allow people on disability who are capable of working some jobs to not lose all their benefits if they work more than the allowed amount if they are able. In Vermont we encourage slackards.
He stole his occupation from a citizen and he stole that woman (now his wife) from another man. An American man. Those were bad decisions he made way back then. So now karmic wheel has turned. And when are the citizens of Mexico going to taker their own country back? Why don’t they fight for things to change in their own country. Why does the USA have to be Mexico’s steam valve?
Phil Moore…you are so ignorant…like a woman in America is property…to be stolen….what an embarrassment you are. I can’t believe this is 2017 and you are making a comment like that. Go back to your cave and don’t make comments on people that you don’t know.
Juan De La Cruz and his family’s situation is good example of why Congress should pass immigration reform. Unfortunate Bernie Sanders joined many other Democrats (and far right Republicans) in voting against immigration reform proposed by President Bush in 2007. There were enough centrist Republicans that if the Democrats had hung together, it would have passed (& was 90% similar to the later “Gang of 8” proposal that failed under Obama). But they were determined to not compromise with the Republicans and give them a “win,” making one wonder just how much the Democrats really believe their rah-rah immigrant rhetoric versus seeking to use it solely as a wedge issue. Whatever he says now, Bernie contributed to the situation facing this family by voting against immigration reform that would have let Juan eventually achieve legal status.
It is also truly astonishing the lengths the Vermont congressional delegation will go to in order to intervene on behalf of this (admittedly sympathetic) illegal alien but when it comes to 12,000 plus US citizen and legal immigrant constituents negatively impacted by the F-35 fighter jet basing, including the working-class, elderly and legal immigrant refugees, the delegation has refused to meet with even a single person! Who do they really represent? Apparently Texas Lockheed-Martin executives and illegal aliens go to the front of the line.
Juan is not being deported because he’s an immigrant; nor because of his country of origin; but solely because he is an illegal alien who failed to comply with US law. The failure was more than once, and thus willing and intentional the 2nd time. Although ignorance of the law is no defense either; try that when you’re nailed for speeding; but officer, I didn’t know the speed limit; see how far that gets you.
Sally I agree that women are not property and Juans wife is free to be with who ever she wants. But I’m sure you are part of the group that says things like Islam is a peaceful religion and that illegals should just be allowed into America. The only problem I see with your comments is this in Islam women are property and a large number of the women that are enslaved in America’s sex trade are illegals that are forced into it by the smugglers that bring them here illegally. Nice double standard you have.
he most likely committed crimes in mexico and ran away to america and came in illegally , and that is why some people come in illegally , commit crimes in america then try to go to Canada or mexico they won’t let you in . we have a drug problem in usa and its coming mostly across the mexico border
Love the “stole an American woman from an American man” crap. Something tells me that Phil isn’t much of a catch.
These comments went off on a weird tangent. If I follow correctly, Juan De La Cruz is a Mexican criminal who sneaked into the United States to avoid prosecution in his home country. Once in the United States, he completely destroyed the will of the American worker by working on a farm he owns with his wife, who, by the way, he stole from an able-bodied American man. He went on to pay taxes only so he could file a tax return and steal money from American taxpayers, which is seemingly why the national debt is so high. He may or not have brought sex slaves with him when he sneaked across the border and he probably adds to terrorism because his sex slaves make Islam a threatening religion.
It’s a good thing they kicked this guy out of the country.
Juan is a freeloader.
First he illegally entered/invaded the country, not once, but on two occasions.
Secondly, he seized the opportunity of ransacking this poor lady’s heart (she is a bit overweight and probably very lonely for love/companionship), all while through an act of marriage: (A) Dubiously clutches at the poor lady’s farm that was never his to begin with, and (B) Successfully produces two anchor babies.
Too bad Juan, your plan has been foiled.
Mr De La Cruz is way, way down on the list of things Vermonters should be worried about: the opioid crisis, the cost of health care, the decline of manufacturing, the future of family farms, the price of milk, the marijuana bill, the Yankee Power Plant, wind farms, Berlin Pond, Lyme disease, GMOs, EB-5 investors, the cost of a college education and your next vehicle inspection. Let Mr De La Cruz mind his own sheep, and you can mind yours. That’s what real Vermonters do.
He is a criminal. Deport the criminal and ban him from re-entering, for life. Arrest the wife for harboring a criminal.
Canada, a far more civilized country than this one, allows Mexican citizens to enter freely without a visa as part of a new policy. “The Government of Canada has made it a top priority to re-establish and strengthen our relationship with one of our most important partners, Mexico. To this end, Prime Minister Trudeau today announced Canadas intention to lift the visa requirement for Mexican visitors to Canada beginning December 1, 2016. Lifting the visa requirement will deepen ties between Canada and Mexico and will increase the flow of travellers, ideas, and businesses between both countries.” Perhaps Juan can fly to Montreal regularly and his family can drive up so they can keep spending time together. Please donate to make it possible.
Joe Blow Juan has used up all the free money he could over 14 years in the USA illegally. He and his family can pay for their vacation. And notice Canada allows visitors no where does it say Mexicans can stay indefinitely without a visa.