LOCAL

After minor offenses, deportation surprises Bonita man, separates family

Alexi C. Cardona
alexi.cardona@naplesnews.com; 239-403-6153

Before Victor Arriaga left his Bonita Springs home earlier this month for his annual immigration check-in, he joked with his daughter that he hoped he wouldn’t get deported to Mexico.

His check-ins over the years were usually uneventful. He would show his papers to an immigration officer, who would tell him to check in again the next year, Arriaga said.

His kids were used to hearing from their dad within a few hours when he was out of the Immigration and Customs Enforcement Office in Miramar and on his way back home to Southwest Florida.

March 8 was different.

“My sister called me and was worried because our dad wasn’t home yet,” said Arriaga’s 23-year-old son, also named Victor Arriaga. “No one had heard from him for most of the day.”

The 48-year-old father, who suffers from liver disease, later called from the Krome Detention Center in Miami-Dade County to say he was facing deportation. He was sent to Mexico on March 16.

“We didn’t get to talk to him before he left,” said the younger Arriaga, who served in the Marine Corps almost two years. “We talked to him when he could call from Krome. Then, one day, he called from Mexico.”

Arriaga was not considered a deportation priority under the Obama administration. But his deportation shows how immigration enforcement has changed under President Donald Trump's tougher immigration policies.

An immigration judge issued a voluntary departure order for Arriaga in February 1997. Because he never left the country, a final deportation order was issued last month, ICE spokeswoman Tammy Spicer said.

More: Estero student could face deportation under Trump order

Spicer said between March 2005 and Oct. 2012, Arriaga was issued citations alleging several misdemeanor violations. They included driving with a suspended license, violating an open-container ordinance, making an improper U-turn and failing to vaccinate a pet.

None of those violations triggered deportation under the Obama administration. Arriaga was allowed to continue living in the U.S., and he checked in with ICE annually.

Arriaga's removal order was accompanied by an order of supervision, which was why he had to check in with immigration officials, according to Pablo Hurtado, his attorney. The order of supervision allowed Arriaga to work.

When Hurtado heard of his client's detention, he and his colleague, Dan Cavanaugh, filed to delay the deportation but were denied.

"We also filed an emergency motion with the immigration court that issued the order of removal," Hurtado said. "But obviously the removal took place, so the motion is moot."

The attorneys also filed a motion to reopen, which might allow Arriaga to come back to the United States. That motion is pending.

Although Arriaga’s four children, including two born in the U.S., are grown, his son said his absence over the past couple of weeks has put a strain on them.

The younger Arriaga was taking midterm exams at the University of South Florida in Tampa when he learned his father had been detained. His father was deported while the college student was visiting Bonita Springs during spring break.

More: Florida Republicans push Trump-style immigration bills

It’s not the first time the family has dealt with deportation. Arriaga’s mom, Elida Arriaga, was deported when he was a freshman at Estero High School in 2009.

“We’re going through this all over again,” Arriaga said.

“When my mom got deported, we were still kids. It was more difficult back then and we didn’t really understand what was going on.

"Now we’re adults, but it’s still upsetting. I’ll be fine, and I’ve told everyone it’s not good to freak out. We have to stay strong for each other.”

The siblings are working out how to handle their dad’s house and his belongings. They wonder when they’ll be able to see their parents again.

The son didn’t get to see his dad before he was sent to Mexico.

“Now I don’t know when I’m going to get to see him again,” Arriaga said. “It’s been almost 8 years with my mom. I hope it won’t be that long for my dad.”

The siblings’ greatest concern is their father’s health. He was diagnosed with end-stage liver disease, and it's unclear whether he will receive the treatment he needs in Mexico.

More: Protesters ask sheriff to end Collier County's aid to deportation process

Arriaga said he thought his father might not have been seen by a doctor or received medication for his condition while in custody.

Spicer, the ICE spokeswoman, said in a statement: “ICE takes very seriously the health, safety and welfare of those in our care. ICE’s detention centers are staffed with medical and mental health care providers who monitor, diagnose and treat residents at the facility.”

Arriaga had been sober for some time, his son said, before the diagnosis. He thinks his dad’s drinking began after his mother’s deportation.

“He’d never tell me that was why, but I think that was one of the reasons why he drank,” Arriaga said. “He was working a lot, supporting two households —  here and my mom in Mexico — and living paycheck to paycheck.”

The elder Arriaga recently reunited with his wife in Nuevo Laredo, a city just across the border from Laredo, Texas. Elida Arriaga said she is happy to be with her husband again, but her husband is upset that he’s in Mexico while his children and three grandchildren are in the U.S.

More: Brent Batten: Change coming for ICE data

Arriaga said he is in pain from the swelling in his body caused by his medical condition, but he went to see a doctor he hopes can treat it.

Arriaga and his wife hope to be reunited with their children and grandchildren someday.

“I came to (the U.S.) to work and support my family, not to steal or do anything bad,” Arriaga said.

“I went to immigration to do what I was supposed to do, and now I’m here without my kids.”