Nearly two weeks ago, a Brazilian couple walked into the offices of U.S. Immigration and Customs Enforcement at Second and Chestnut and asked a clerk whether he'd like to deport them.
Livia Maria Borges, the wife, was so nervous she had to squeeze back tears. Her husband, Welismar De Jesus, was a little calmer. Their lawyer had assured them there was little risk of their having to say goodbye to the good, though illegal, life they had built in Northeast Philadelphia during the last decade.
In fact, getting before an immigration judge was the goal of the June 15 visit, because in 18 years of practicing law, David Piver had not seen a stronger argument for making an exception to the rules that govern what happens when illegal immigrants turn themselves in.
As Piver imagined it, an enforcement officer would issue a notice for the couple to appear before a judge. Then Piver could plead for something called a cancellation of removal, which the law allows in special cases.
And this case was special. The couple had satisfied the basics - they had lived in the country for a decade and committed no crimes. They had even paid taxes on earnings made under the table - you can do that with a taxpayer ID number.
But one last element made their case most compelling:
Their deportation would result in unusual hardship to their youngest daughter, who choked 18 months ago while eating, leaving her with permanent brain damage.
The 3-year-old, Cindy Borges-De Jesus, no longer speaks or walks. She is totally dependent on those who care for her - her parents and the nurses who spend 16 hours a day with her.
Because she was born here, Cindy is a U.S. citizen. And taxpayers are picking up the cost of her care. Her parents say they wanted to come clean so they could end a decade of limbo and be better able to support her.
In the last three years, Piver had taken 10 clients to ICE for processing, and in half of those cases a judge granted permanent residency. Piver considered the Brazilians "the poster children for cancellation of removal cases."
But it's hard to get a hit if you can't get up to bat. After about 90 minutes of conferring, ICE officials turned the couple away.
According to Piver, the enforcement officer and his supervisors said the office had a policy not to open cases against people who were looking for relief in court.
Piver isn't sure there is such a policy. Maybe, he said, it's that the law is applied inconsistently.
