Deportation stay denied for woman in sanctuary at Tucson church

An undocumented Tucson woman who took refuge in a Tucson church to avoid deportation remains in legal limbo after immigration officials on Monday denied her request to stay in the country.

The night before she was set to be deported earlier this month, Rosa Imelda Robles Loreto, her husband Gerardo and their two sons, ages 11 and 8, began staying at Southside Presbyterian Church. 

Despite several letters of support and qualifications usually considered for administrative closure, Loreto's request for one-year stay was denied.

Although U.S. Immigration and Customs Enforcement denied her request, the agency said that officials would not take immediate action to arrest her.

Instead, the agency said officials have "decided to exercise prosecutorial discretion by not taking immediate action on Ms. Robles Loreto's removal order."

The lack of resolution in the case leaves Loreto open to arrest and potential deportation to Mexico.

“We simply do not understand why local officials continue to disregard the stated directives of President Obama," said Margo Cowan, the family's attorney. "On several occasions the president has made clear that we should not be deporting people like Rosa just because we can. We ask the administration to reconsider their decision and grant Rosa a stay of removal or deferred action.”

The family will continue to stay at the church, said Rev. Allison Harrington, Southside Presbyterian's pastor.

"We will continue to ask ICE to issue a stay of removal for Rosa Robles Loreto until the agency fully understands that thousands of Tucsonans, faith leaders and elected officials have or are preparing to act on behalf of this super-achieving mother and community member," Harrington said.

The Loreto case is taking much the same path as Southside Presbyterian's last sanctuary effort.

In May, Daniel Neyoy Ruiz and his family took sanctuary at the church and ICE sent a similar response, denying the request for a stay and also making it clear that the agency would not attempt to arrest Neyoy Ruiz.

Ultimately, Neyoy Ruiz was given a one-year stay on June 9, nearly a month after he went into sanctuary at the church,

A Mexican national, Loreto and her husband have lived in the United States almost continually since 1999, except for a three-year period when she stayed with family in Hermosillo, Mexico, for the births of her two sons.

Loreto meets many of the qualifications usually considered for administrative closure, Cowan said earlier this month. She came into the country on a visa, her two sons will be eligible for deferred action when they turn 18, she has worked continuously as a housekeeper and has paid taxes, according to Cowan.

Also, Gerardo helps coach a little league team and the couple own their home, said Cowan.

The family has already had trouble with immigration authorities when Gerardo was stopped in a separate incident, however, his case was closed because he met the same conditions for administrative closure, said Cowan.

Loreto has been fighting to stay in the country since 2012, when, according to ICE, an immigration judge with the Department of Justice's Executive Office for Immigration Review granted Loreto a voluntary departure request. Loreto later appealed the judgement, but in June 2014 her departure order was reinstated and set to expire in August. 

In such cases, ICE has wide discretion on removal orders based on a 2011 memo issued by former ICE Director John Morton. Immigration officials can consider a person's ties and contributions to the community, as well as criminal history, to make a determination.

Additionally, the memo outlined places that were considered "sensitive" including schools, hospitals and churches where immigration officials would not make arrests unless they had prior approval. The memo outlined some exceptions to this rule, namely national security, pursuit of a felon, destruction of evidence, or the possibility that someone could be harmed. That policy was passed into law in 2013.