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Luis Fernandez from the Square Diner will be released within 24 hours
UPDATE: Tribecan Kris Brown, who has been tracking Luis Fernandez‘s case, said today that he will be released within 24 hours with a $5k bond. The GoFundMe account started by one of his fellow waiters has raised $21,000 to date and will cover that cost.
His lawyer submitted the motions and paperwork last Thursday. And at first glance it seemed his chances for being released were low — not because of the merits of his case, which are good, but because ICE and the courts are being ruthless, and even old offenses (in Luis’ case, two DUIs from 2014 and 2003) are being used to justify deportations.
But things turned around this afternoon.
Fernandez, a longtime waiter at the Square Diner, was arrested by ICE in June after reporting — as requested by the agency — to an immigration office on Long Island. He is now in a federal detention center in Texas, his wife and two US-born children remain in their home on Long Island.
The press office for ICE responded in July to my questions about his case 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.
I will update this post with any other news.
10 Comments
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This is wonderful news for Luis, his family, co-workers and everyone in the community. We will be so glad to see you return Luis.
Why should we celebrate someone convicted on DUI 12 years apart in the country illegally let free. I point out the recent case in NJ were Raul Luna-Perez who was also arrested twice for DUI and not deported or turned over to ICE becasue of “sanctuary” laws who killed Maria Santos Pleitez and her 11 year old daughter in a head on crash. He was 3x times the legal limit. We have laws for a reason and criminals who put other in danger should not be granted the privilege of staying in the US. I know it sounds heartless but this is the position we are in becasue of decisions made to not enforce our laws.
AaronK: Well stated.
Many in our government, including the head of Homeland Security, have managed to forgive the current Sec’y of Defense of similar things.
The way you have phrased your statement @AaronK is misleading.
Luis Fernandez did not kill Maria Santos Pleitez (or her daughter). The person that did has been arrested and is being charged for their deaths. That is how our laws work and they are being enforced (agnostic of their immigration or citizenship status).
Well then why were all the January 6 rioters pardoned?
Its pretty clear that is not what I said. This person has broken three of our laws, two of which put people in harms way. The other is being in this country illegally. We can have sympathy for those who have been here for a long time and have built lives but that ends (at least for me) when someone has twice put people’s lives at risk and is no different than shooting a gun and not hitting anyone. Being granted Citizenship is a privilege and not a right. This person, by his actions and by the laws of this Country, does not deserve it.
AaronK: Well stated, again.
Laws are important and need to be enforced. Unless you are merely crapping on the Constitution and are serving as the only convicted felon living at the White House.
Nothing in the Constitution bars felons from the Presidency, but whatever.
“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”
– Article II, Section 1, Clause 5