Jose Walter Castro-Cruz is the father of 2 U.S. citizens, has lived in New Orleans for nearly 10 years, after moving there to help with the reconstruction of the city after Hurricane Katrina. Both of his children were born in Slidell, Louisiana, the only place they know as home.

Last year Jose was returning home from walking his son to the bus stop on his way to school. He encountered immigration agents who were looking for someone else, and in an effort to help, ended up sharing that he had a 2012 DWI charge. He was taken into custody, and ordered deported last December. 

The New Orleans ICE office has insisted in keeping him detained and continuing his deportation process because they consider him to be “priority” for deportation under the Department of Homeland Security (DHS) guidelines. DHS considers a DWI charge “significant” and a “that to public safety.” But ICE also has guidelines to evaluate people case-by-case, specifically when they have a DUI charge. Jose’s arrest did not involve an accident and he was not cited for reckless driving, he completed 2 years of supervised probation, he went through a driver improvement and substance abuse program and finished the Mothers Against Drunk Driving (MADD) victim impact program, and  he is eligible for expungement of his conviction and has filed an application. Jose’s case is the definition – by ICE’s own standards – of a case that warrants discretion.  

Jose’s recent deportation also makes him a “priority 3,” considered the “lowest” level of priority, for people ordered deported after January 2014. But even with his immigration history and his criminal record, he could qualify for the President’s deferred action program, and ICE could still use prosecutorial discretion in his case.

His family is working with the New Orleans Congress of Day Laborers to make sure that immigration authorities consider all factors in Jose’s case, including the economic impact and emotional suffering of his family and children, his contributions to the New Orleans community, and the efforts that he has made to recover and keep his family together.