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An update on Luis Fernandez from the Square Diner
As neighbors told us last week, Luis Fernandez, a longtime waiter at the Square Diner, was arrested by ICE last month after reporting — as requested by the agency — to an immigration office on Long Island. He is now in a federal detention center in Texas, leaving his wife and two US-born children panicked. But his co-workers have started a GoFundMe account to help him navigate this crisis. You can contribute here.
“[Luis] is not a criminal, we all love him, the whole neighborhood is devastated, and trying to help bring him back,” they wrote on the page. “Luis needs to pay legal fees and cover personal expenses. Please find in your heart to make this rough road a little less hard for him.”
The press office for ICE responded to my questions about his case this weekend with the following statement:
U.S. Immigration and Customs Enforcement arrested Luis Florencio Fernandez Palaguachi, 50, of Ecuador, on June 24, on Long Island, New York. Fernandez Palaguachi is an illegal alien with two prior convictions from 2003 and 2014. He is currently being held in ICE custody.
The agency added that he entered the US on an unknown date before September 18, 2001. He will remain in ICE custody pending immigration removal proceedings.
The Tribeca Trib talked to his lawyer, who said that he will stay in Texas until a bond hearing. From The Trib: “[Lawyer Pamela] Rosero said she is in the process of compiling a case for that hearing, arguing among other things that Fernandez is not a danger to the community or a flight risk…’It’s been devastating on his family, especially his son,’ said Rosero, who met with the family. ‘We’re urging ICE to release him so that he can return to them while his case is reviewed.'”
Also, US Rep. Dan Goldman’s office sent out a press release with instructions on how to help those with a scheduled court appearance, such as Luis’, who may be targets of the Trump administration’s policies:
Have them complete this form and share it with someone they trust. If detained, that trusted contact can reach out to our office, and we will communicate with ICE on their behalf. ICE will not provide information to our office unless we have this completed form signed by the person in custody.
You can find more information here about your rights when interacting with immigration enforcement here.
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Thank you for your continued coverage on this.
What were the convictions in 2003 and 2014?
DUI
“An ICE spokesperson told CBS News New York Fernandez is ‘an illegal alien with two prior convictions,’ both for driving while intoxicated, from 2003 and 2014.”
https://www.cbsnews.com/newyork/news/tribeca-square-diner-waiter-detained-ice/
Yes I am also curious about what happened 11 and 22 years ago! Open container? Speeding violation? If ICE is not forthcoming I’m guessing they are extremely minor infractions
Read on CBS News that ICE reported both convictions were DUI’s
Apparently both were for driving while intoxicated
So DUI means he was driving while drunk or impaired by drugs….. twice. He put people at significant risk each time he did that. What if he had killed someone. He should have been removed from the country back then. It’s a failure of the system and needs to be fixed. This is what happens when you have a sanctuary system and a government that refuses to enforce laws. Now you have someone 11 years later who has a family and enforcing the law can cause pain to the innocent children There are no easy answers but if people do not like laws they should change them. Not ignore them for convenience.