U.S. Rep. Tom Tancredo is pressing federal authorities to deport the family of an 18-year-old honor student and undocumented immigrant who couldn't afford to attend a Colorado university because of his immigration status.
Jesus Apodaca, who graduated with honors from Aurora High School this spring, was the subject of an Aug. 11 Denver Post story examining the fact that he couldn't afford to attend a state university because federal law prevents state institutions from offering financial aid or in-state tuition to illegal immigrants.
It is unprecedented for a federal lawmaker to seek deportation of an individual or family, numerous immigration advocates said.
"I'm just astounded. I must say we've never heard anything like this," said Frank Sherry, director of the National Immigration Forum.
Based on Apodaca's admission that his family has been in the country illegally for five years, Tancredo said he contacted the U.S. Immigration and Naturalization Service in Denver and asked that Apodaca and any other undocumented family members be deported. Apodaca's father, mother and four siblings are illegal, family members have said; two other siblings are legal U.S. residents.
"The message this sends is that you can be so brazen as to not have the slightest concern about going on the front page of The Denver Post and telling everybody that you are here illegally," said Tancredo, a Republican from Littleton. "It's turning the law on its head. It's making a mockery of justice."
Tancredo's demand came a day after Apodaca learned that an anonymous donor had offered to pay his first semester's tuition at the University of Colorado at Denver to study computer science. While students like Apodaca must pay out-of-state tuition, most Colorado universities admit students regardless of immigration status.
Apodaca's mother was angry and fearful when she heard of Tancredo's deportation request.
"I wish I had (Tancredo) here, face to face. I'd ask him, 'Do I seem like a bad person? Does my son seem like a bad person?"' said Maria Madrid. "All I've ever wanted is that my son fulfills his dream" of going to college.
Apodaca's father earns $1,200 a month working as a ranch hand outside Greeley.
The director of the Denver office of the Immigration and Naturalization Service, Mike Comfort, confirmed that his office has heard from Tancredo. But, citing an ongoing investigation, he wouldn't comment on the nature of the conversation or how the agency will respond.
Comfort said the agency normally focuses on immigrants who have committed crimes such as theft or assault or, since Sept. 11, pose a national security threat.
"When you look at the resources available in this district, you have to assign tasks based on priority. National security is now our top priority, and after that, tracking down" those who have committed other crimes, he said.
Tancredo said Comfort promised that the INS would take action.
Deportation, Tancredo said, is necessary.
"It is a very bad idea to reward people for breaking your law," said Tancredo, who heads the Congressional Immigration Reform Caucus and is a leading advocate for tighter immigration laws. "Instead of the penalties that should be imposed for doing this, we are debating what benefits they (immigrants) should receive."
Some immigration opponents backed Tancredo.
"If illegal aliens are so cavalier about their immigration status that they are so willing to flaunt it publicly, it's obvious that our immigration laws have become nothing more than a joke," said David Ray, associate director for the Federation for American Immigration Reform.
But former Colorado Gov. Dick Lamm, who backs stricter immigration controls, said targeting one family rather than overall immigration policy could backfire.
"I think Tom Tancredo has shot himself in the foot. This violates people's sense of fairness," Lamm said. "It's taking public debate to a personal level that I think is inappropriate and wrong."
Immigration advocates said Apodaca had a right to speak out about the tuition issue without facing deportation.
"You have an elected member of Congress going out of his way to get an A student, accepted to CU, picked up and deported," Sherry said. "Tancredo is using his power to be a bully."
Condemnation also came from the Mexican government, which had initially asked local colleges and universities to help Apodaca.
"This is an arrogant use of power," said Mario Hernandez, a spokesman for the Mexican consulate in Denver. "This family is looking to improve the lives of their children. I don't think Mr. Tancredo realizes what he is doing to this family, which is already vulnerable."
Madrid said her family has ridden an emotional rollercoaster since Tuesday. If Apodaca stays in school, he could be the first in the family to graduate from college. But after she heard of Tancredo's call to the INS, the family briefly fled its home Wednesday, then returned.
Jesus "said that we should stay here. If (the INS) comes here and we have to go back to Mexico, then that's what we'll do," Madrid said.
A Washington group that specializes in immigrant legal issues has offered a lawyer, but it wasn't clear Thursday whether the Apodacas would accept.
Congress is considering legislation to ease the way for students such as Apodaca. Already, four states, including California and Texas, have extended in-state tuition to any graduate of a state high school.
Immigrants make up 8.6 percent of Colorado's population. At least 50,000 students in the state's public schools don't speak English well, though there is no estimate of how many are here illegally.
A 1982 U.S. Supreme Court decision gave children the right to a public education through high school, regardless of immigration status.
<Marie>
Posted
Could you post the web address where you are getting this and every other news story you post.
A lot of people like to see for themselves ; )
<News Bulletin>
Posted
Why, you don't believe me?
<Marie>
Posted
I didn't say I didn't believe you. I just like to have references.
<Anna>
Posted
I think that I read the Tancredo article in the weekly bulletin from ilw.com. ("Immigrant's Weekly From ILW.com")
<Anna>
Posted
Knew I'd seen it before! Here is the link, I got it from this week's "Immigrant's Weekly From ILW.com": http://www.denverpost.com/Stories/0,1413,36%257E53%257E856399%257E,00.html