Arrested DREAM team members ponder fate

Jose Torres has been staying in Charlotte, waiting for his sister to be released from jail.

Torres’ sister, Alicia Torres, was arrested by the Charlotte Mecklenburg Police Tuesday after she and fellow members of the N.C. DREAM Team sat in the street protesting inequalities toward undocumented immigrants.

Alicia and Jose are undocumented immigrants. While both of them attended the protest, Alicia was the one taken into custody by police in a 287(g) county, meaning that local law enforcement officers have access to search federal databases to check a criminal’s immigration status.

Jose said he will remain in Charlotte until his sister is released.

“We grew up together,” he said. “We were best friends, and my role right now is to support her.”

On Tuesday, members of the DREAM team, an advocacy group for undocumented minors, gathered on the campus of Central Piedmont Community College to rally for equal access to education.

After the event, activists walked off campus to the intersection of 4th Street and North Kings Drive, where several members sat in the middle of the street, blocking traffic.

Torres and 14 other protestors were arrested.

Robert Fey, public affairs officer for the Charlotte-Mecklenburg Police Department, said police received several complaints from residents in the area.

According to the 287(g) policy, after local criminal charges are resolved, the undocumented immigrant is typically turned over to the federal government for removal proceedings.

But because of a memorandum issued by the director of U.S. Immigration and Customs Enforcement this past June, Torres and her fellow incarcerated DREAM team members will probably not face deportation.

Deborah Weissman, a law professor at UNC, said she received an email from lawyers representing Torres and others, which stated that the immigration cases were not going to be prosecuted.

The memorandum suggests officers and trial attorneys working for immigration services exercise discretion in who they pursue for deportation.

“At the bottom of the list are certain people they have been encouraged not to pursue such as people with the DREAM team,” she said.

While this memorandum encourages more discretion in the deportation process, Weissman says it still does not prevent all undocumented youth — like Alicia Torres — from getting deported.

“Discretion isn’t a mandate, so you’ll have some trial attorneys who will want to fulfill the spirit of the memo and recommendation. We’re seeing a handful of good outcomes, but it is not a fix at all.”

Amy Fischer, a member of the team who was at the event, said members of the group were aware of the risks they were taking.

“Simply driving in a 287(g) county is a risk any day,” she said.

Fischer said members of the DREAM team are still reviewing footage of the arrests and deciding how they will proceed.

“Once we have a better hold on the legal situation, then we’re going to be able to delve a little bit further into some of the other issues,” she said.

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