Javier
UPDATE: Javier can reunite with his family! We are overwhelmed with joy and relief.
(His fully story is below and worth a read.)
A short bit ago, Javier received a positive credible fear determination — meaning that he passed the initial step to apply for asylum in the U.S. On top of that, we learned that ICE plans to release him from detention imminently, making it possible for him to reunite with his wife and young children.
We are deeply grateful to our RAICES attorneys — Briana Perez, Alvin Rodriguez, and Krystle Cartagena — who used every legal tool at their disposal to ensure Javier has a fighting chance to call this country home and reunite with his family.
Legal representation is crucial to the success of an asylum case — and Javier’s story proves that, when a person has a community of experts, advocates, and supporters who will fight relentlessly by their side, they can win.
While we celebrate this news, we also can’t forget that this family experienced immense trauma and the pain of family separation because of cruel state and federal policies that aim to deport families like theirs back to the harms they escaped.
Our attorneys, case managers, and advocates are ready to meet the challenges that face our asylum-seeking community members — and our nation. And, together, we must pressure our elected officials to take urgent action to protect the legal and human right to seek asylum.
Families like Javier’s shouldn’t have to navigate a maze created to keep them out on their own — especially when we know that legal representation keeps families together and free.
Aug 30
We just learned there’s more than just barbed wires and buoys in the Rio Grande River — there may also be dangerous razor wires hidden just below the water.
Our client, Javier (last name is withheld because of fear of retaliation), is a political asylee who narrowly escaped torture and death in Venezuela and journeyed to the U.S. with his wife and children to seek safety.
Javier, his wife, and their three young children are victims of Operation Lone Star, paired with harsh federal policies that aim to deport families like theirs back to the country they escaped.
In a sworn declaration by Javier, a disturbing story unfolded about his journey to seek asylum in the U.S. Javier says after escaping a kidnapping attempt by armed men in Piedras Negras, Mexico, they arrived at the Rio Grande, where they encountered dangerous razor wires hidden below the water as they approached the shore. His 5-year-old daughter’s ankle was cut by the razor wires.
Officers, who we believe were likely border agents, warned our client that he would be criminally charged if the wire was damaged.
Javier carried his injured daughter on his back as agents signaled them to walk downstream. They walked for about eight hours while officials yelled at them to go back to Mexico. Others threw water bottles at them.
After they crossed exactly where and how the agents instructed, Javier was torn apart from his family by Texas police and charged with criminal trespassing.
Javier was set up. Texas officers sent him to prison and then immigration detention. He has not been reunited with his family — and he is facing the very real possibility of deportation.
He is currently in the custody of Immigration and Customs Enforcement (ICE) and was placed in expedited removal proceedings — a tool used by the Department of Homeland Security to curb immigration, dismantle our asylum process, and put families seeking asylum on a fast-tracked deportation pipeline.
This is all playing out in real-time — and our RAICES attorneys are doing everything in their power to ensure this family is reunited and has a fighting chance to win their asylum case. Javier just completed his asylum interview — and we will know at any moment whether he can move forward with his asylum application or be placed in removal proceedings.
Access to legal representation is crucial to the success of an asylum case. Having an attorney increases the opportunity for favorable outcomes in immigration proceedings by anywhere from two to five times, depending upon the circumstances — and up to 10 times for family units.
Fathers like Javier are being persecuted for the crime of seeking safety and security for their young families — but Javier has a community of experts, advocates, and supporters who will fight relentlessly against these cruel policies so he can reunite with his family.
