Deportation order withdrawn against Jose Figueroa in time for Christmas
'After all this time, we have suffered so much. It's very, very joyous,' says Jose Figueroa
Jose Figueroa is going to have a lot to celebrate next week: his birthday, Christmas and his liberation.
The Langley man has been living in the Walnut Grove Lutheran Church for the past two years, after he took sanctuary when the Canadian government moved to deport him for his political activities in El Salvador nearly two decades ago.
Yesterday he learned he can stay in Canada, and plans to leave his sanctuary on Dec. 23, his birthday.
Minister of Immigration, Refugees and Citizenship John McCallum found "sufficient humanitarian and compassionate considerations" in his case to warrant an exception.
"As you can imagine, after two or more years being locked up in the church, me and my family and anybody who is supporting us, there is so much joy," said Figueroa.
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Not a terrorist group
When Figueroa claimed refugee status in Canada in 1997, he was open about his involvement with Farabundo Marti National Liberation Front (FMLN) a player in the Salvadoran Civil War that morphed into a left-wing political party after peace accords were signed in 1992.
But in 2010, years after Figueroa came to Canada and had three children, immigration officials ruled him "inadmissible "and moved to deport him.
His wife and Canadian-born son and daughters were allowed to stay, but he was told to return to El Salvador and parent by Skype, according to his lawyer.
Finally after 18 years we will be home.- Jose Figueroa
Instead Figueroa, who had lived in Langley 16 years, refused to leave his family and took refuge in the church.
Figueroa said he became a target because of his affiliation with FMLN, a group involved in the insurrection movement against El Salvador's former military dictatorship.
"I do not regret having given my support to the FMLN in El Salvador. The Canadian government they know about my involvement with the FMLN since 1997. It seems the C.B.S.A. officers who were assessing my file didn't have any knowledge about what we El Salvadorans faced during the civil war. The violence in that country still continues," he told CBC today.
Humanitarian exception
Figueroa's situation changed on Dec. 21 when he got a letter from immigration officials, granting a rare exception:
"On May 5, 2010, you were found inadmissible to Canada...for being a member of the Farabundo Marti National Liberation Front, an organization that, on reasonable grounds, is believed to have engaged in terrorism."
"On Dec. 16, 2015, the Hon. John McCallum, Minister of Immigration, Refugees and Citizenship found that there are sufficient humanitarian and compassionate considerations in your case to warrant an exemption."
Lawyer Peter Edelman said the use of this type of exception is exceedingly rare, and was almost phased out under the Conservative government.
"What happens with terrorism provisions is ... You have given the officers this hammer and they run around looking for nails. They try to find somebody or something to use this section on. In this case they found Mr. Figueroa," Edelman told CBC today.
Home is now Canada
With his letter of exception in hand, Figueroa plans to celebrate his birthday Dec. 23 with his family, and won't be missing graduations anymore, like he had to for his 18-year-old son.
"It was joy because this is something that we were waiting for for a long time. Finally after 18 years we will be home."
