Grant Deferred Action for the Ricardo Family

Daniel Ricardo is a four year old American citizen with a severe hearing impairment who lives in Morgantown, WV. Daniels significant hearing loss requires four days of specialized preschool instruction, which includes nearly two hours daily of individual therapy. In addition, he has regular medical appointments, audiological checks for hearing aid monitoring and maintenance, and weekly home visits from a School for the Deaf parent advisor.
The early childhood development years are crucial and without the proper medical care and specialist help from school audiologists, Daniel may not receive the proper treatment to mitigate the difficulties he will face later in life from his hearing disability. These early years are crucial to Daniels growing brain. Correct treatment now will mean the difference between the some semblance of a normal life and increased difficulties of living with his hearing disability. However, pending actions of the United States Immigration and Customs Enforcement may cause him to spend the most crucial developmental years in Mexico, away from the critical medical services he needs.
This is because Daniels father, Benjamin, is an undocumented alien facing deportation on May 14, 2009. The United States Constitution mandates that every person born on American soil is automatically an American citizen. Daniel is a United States citizen by his birth at Ruby Memorial Hospital in Morgantown, WV. Benjamin has lived in the United States since he left Mexico when he was fifteen years old. After spending fourteen years in America, he now considers it his home. He has no home to return to in Mexico and very few contacts there. Benjamin has completely assimilated into American life. He has a home, a family, and speaks fluent English.
Mr. Ricardo-Apolinar would have been the ideal candidate for a form of relief called cancellation of removal based on his sons disability. He meets the criteria of cancellation of removal in that he has good moral character, no criminal history, a United States citizen son with a medical condition, and over ten year residency in the United States. However, a technicality in the law requires ten years of continuous physical presence in the United States. Unfortunately, Mr. Ricardo-Apolinar went home to Mexico in 2003 for six months to get married and exceeded the three month absence allowed by law.
The only form of legal relief now available is deferred action based on his sons condition, support from the community, length in the United States, and good moral character. Under current, internal Immigration and Customs Enforcement (ICE) policies and procedures, Mr. Ricardo-Apolinar is eligible for this relief. However, the decision to grant this relief is completely up to the ICE District Director in Philadelphia, PA. The publics support in encouraging ICE to exercise this discretion and allow Mr. Ricardo-Apolinars family to stay in the United States will go a long way in encouraging the immigration bureaucracy to act appropriately and comply with its own internal policies.
It is therefore our strong belief that this family should be allowed to stay in the United States and that ICE should grant Benjamin Ricardo-Apolinar deferred action so his son can receive the care he needs and deserves.