Who is Virginia Gutierrez? 

Virginia is a 2007 honors graduate from North High School in Phoenix. She was awarded three scholarships and planned to attend ASU this fall.  She was well liked by her teachers at North, active in school organizations and from all accounts, a positive role model for her friends.  She was “responsible for other kids doing well in school,” one friend said.  “She never ‘ditched’ and she always got good grades.”  People looked up to her.

But on the night of Aug. 11, two weeks before ASU classes began, police pulled Virginia over for driving without lights.  The police said she lacked a valid license and impounded her car.  On Aug. 14, when she tried to get her car back, she was arrested and charged with forgery for showing what law enforcement officials said was a fake driver’s license from Mexico.  She was immediately detained.  Her friends said that the original charges were later dropped, but by then it was too late.  Forgery is a Class 4 felony and the police had informed Immigration and Customs Enforcement (ICE) that she was in custody. 

It appears that Virginia never saw a judge or a lawyer.  She never saw family or friends, though she was able to make some phone calls from her holding cell.  Her friends said she mostly called her mom.  On Aug. 16, she signed a voluntary return order and was transported by bus to Nogales that same day. Why did she sign the order? Virginia isn’t here to answer that question so we can only guess. Perhaps it was because she trusted people.  This was her home.  She was brought here by her family when she was 8 years old and in the 4th grade. She’d never been in any trouble.  She played by the rules. She learned English, did well in school, graduated and was making plans for her future.  “She wanted to give back to her community,” her friends said.  Or perhaps she signed because she was frightened.  If she thought her chances of coming back were better if she were voluntarily deported, it might have made sense to her to sign.

But truly, this makes no sense at all.  We’ve all invested in Virginia and our investment was paying off.  What is accomplished by dropping her on the streets of Nogales?  What kind of a message are we sending to students who are working hard and finding success in our schools?  That a routine traffic stop by the police -- who say that public safety is their priority, not immigration status -- will land you in a place you hardly remember or might not even know? And perhaps, more importantly, what does it say about us?  That we’re the kind of people who look the other way when authorities set rules that deny an 18-year-old girl the chance to see her family?  That we think it’s OK to use our tax dollars to leave a young woman on the streets of Nogales?

It’s not OK and it’s time we said so.  We’re all frustrated at the lack of comprehensive immigration reform, but criminalizing kids can’t be part of anybody’s solution. Let’s tell our elected officials that we expect them to work on real immigration reform that takes into account that we’re talking about people, not just policy.  And it the meantime, let there be no more deportations of students, voluntary or otherwise, who are after all, just kids.  And let’s bring Virginia home.

Update:  According to the Maricopa County Attorney’s Office, a commissioner for the Arizona Superior Court has “issued a bench warrant for (Virginia’s) arrest because she did not show up to her preliminary hearing.”  (See link to article in Arizona Republic above.)  The hearing was set for Aug. 28; Virginia was voluntarily deported to Mexico on Aug. 14.