Many lives hinge on migrant's court case

The future of perhaps hundreds of thousands of longtime illegal immigrants in the United States rides on the court case of a deported Utahn.

A favorable decision for Humberto "Bert" Fernandez-Vargas could pave the way for many to become legal permanent residents and ultimately U.S. citizens. A ruling against him would block that from happening and possibly result in countless deportations.

"I think it matters a lot to a bunch of people," said David M. Gossett, a Washington, D.C., lawyer representing Fernandez-Vargas.

Many of those people would be undocumented immigrants who, like the former Ogden resident, were removed from the country, came back and established productive lives.

The U.S. Supreme Court agreed last month to hear the case to clarify the rights of longtime undocumented immigrants to seek permission to stay in the United States. Oral arguments are anticipated next spring.

In court briefs, Department of Justice lawyers say the question is of "significant practical importance" to the enforcement of immigration laws. Immigration lawyers as well as anti- and pro-immigration groups around the country are watching it closely.

"This case has picked up a lot of attention," said David Leopold, an American Immigration Lawyers Association executive committee member.

At issue is whether a law that provides for the reinstatement of a previous deportation order against a person who illegally re-entered the country applies to those who arrived before its April 1997 effective date.

"It's pretty straightforward," Gossett said. "Why should the government apply a law passed in 1996 to people who are already in the country? It doesn't make sense."

Government lawyers say the reinstatement statute is no different than a new property tax or zoning regulation. "Just as a new property tax is applied on a going-forward basis, (the statute) reflects Congress' intention to apply new rules for the reinstatement of removal orders on a going-forward basis," according to court documents.

The justice department did not return telephone calls seeking comment.

The Federation for American Immigration Reform also finds the issue straightforward.

Fernandez-Vargas came into the country illegally and shouldn't be rewarded for it, said Ira Mehlman, FAIR spokesman.

"Every step of the way, he knew what he was doing was illegal," he said, adding it doesn't matter that he now happens to be caught in between the law.