Free Francisco: A Federal Judge Has Ordered Francisco Aguirre Released. For Now, At Least

Portland Mercury:

Francisco Aguirre has, at this point, worked for years to advocate for his community. By all accounts, he's been a family man and champion of undocumented laborers who face very thorny situations (and whose presence yields a lot of unquestionable economic benefits). Mayor Charlie Hales even took long minutes this morning—out of a press conference on something completely different—to speak out for Aguirre, the local immigrants' rights worker whose shaky legal status has thrown a spotlight on immigration enforcement in Portland and beyond. To the Oregon US Attorney's Office, though, Aguirre is a liar who shamelessly taps community ties to further his goals, and whose decade-and-a-half old drug dealing conviction means he should be locked up while the federal courts sort out whether he's here illegally. Federal prosecutors are also strongly suggesting, though not outright saying, that Aguirre sells drugs to this day. "We have examined the defendant, and are troubled by some indications for flight," Assistant US Attorney Greg Nyhus said this afternoon, at Aguirre's first hearing on charges he illegally re-entered the US after a 2000 deportation. "He presents risks to the community." For now, it seems Aguirre will go free. US Magistrate Judge Janice Stewart (no stranger to newsworthy immigration cases) ordered him released pending trial, which is scheduled in January. Let's back up. Aguirre is the coordinator at Voz Worker Education Project who's sought sanctuary in a northeast Portland church since immigration agents tried to arrest him in September. He's here without permission, he confesses. And he was convicted in 1999 of drug trafficking, after selling heroin to undercover officers, a ruling that led to deportation. That past means nothing to the people who've rallied around Aguirre in recent weeks. These folks—including the Portland City Council, apparently—say he's a valuable member of the community, and are calling for US Immigrations and Customs Enforcement (ICE) to leave him be. (The agency picked up on Aguirre's presence in the Portland area after he was arrested for drunk driving in August, and has made him a priority for removal ever since.) Many of those supporters lined pews in Portland's swank Mark O. Hatfield US Courthouse this afternoon, a day after Aguirre was arrested on a federal warrant while attending a hearing for the DUI.
The arraignment was short, like all arraignments, but offered up plenty of opportunity for Nyhus to throw hefty shade on Aguirre's past. He detailed, in brief, a 1999 sting that led to more than 20 counts against Aguirre (most were eventually dismissed). Nyhus also suggested the man's recent history isn't as laudable as his supporters say. "The defendant is willing to secret himself (in a church) to avoid prosecution," the prosecutor said. "He's willing to use others to further his agenda." And Nyhus strongly suggested Aguirre was still involved in clandestine activities, arguing income the defendant listed for authorities wasn't enough. "Where does the extra income come from?" Nyhus said. "How is the household solvent?" Nyhus also mentioned that ICE has removed a formal "detainer" on Aguirre, "for reasons that aren't immediately clear to the government." And he acknowledged the man isn't a danger to anyone. Aguirre's federal public defender, Ellen Pitcher, argued her client's income was legitimate. And she descrived Aguirre's brutal childhood in his native El Salvador, where she said he was "kidnapped, tortured, and otherwise abused." "He has absolutely no intent of fleeing this country to El Salvador," Pitcher said, "nor would he be welcome there." So Aguirre is back free for now, unless ICE comes to arrest him again. It's unclear if he'll return to his home or continue living in the church. He's not allowed to leave the state, or use alcohol. Prosecutors tried to get Stewart to order Aguirre not to work—since he probably can't legally—but she just told him to obey all laws (which might amount to the same thing). He faces up to 20 years in prison if he's found guilty of illegal re-entry, Pitcher told reporters outside of the courtroom. "This is how we use our money," she said. By the way, Hales, in this morning's press conference, called Aguirre's arrest "tragic" and a "very draconian enforcement approach." "There are a lot of us who have not been perfect in our lives," he said. "If we practice forgiveness and allow people to redeem themselves and see results why should someone's immigrations status matter?" [ Subscribe to the comments on this story ]

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