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by deadlinediva from Lexington, NC

Last Post 13 days, 13 hours Ago


It went from elation to devastation in a matter of seconds.

23-year-old Marxavi Angel Martinez was all smiles when Judge Russell Eliason rebuffed the assistant US attorney‘s request to keep her in custody. Sitting in front of a federal courtroom, she turned around and blew a kiss toward her parents. Her father smiled. To secure her freedom - albeit home incarceration - a close family friend had volunteered his home as a place for her to remain in third-party custody so she could spend time with her 15-month-old son. It would mean she could not leave the home without the friend, or his wife.

The judge asked if she understood if she violated the order, she could go to prison for 10 years and pay a $250-thousand dollar fine. She smiled, shook her head, and said, “Yes, sir.” In spite of handcuffs and shackles… and being flanked by her attorney and three deputy US Marshals… you could the thrill, the delight in her face. But it was to be short-lived.

Within moments of being processed for release, another motion from Immigration and Customs Enforcement (ICE) remanded her to federal custody again - keeping her in jail. The extremely petite - maybe four-foot-six librarian… young mother and wife… would stay in her dark blue jail garb and her family would leave the courtroom in tears. In spite of what side you fall on regarding illegal immigration, the sight was still emotional.

 Marxavi came to this country in the arms of her parents as a three-year-old. Her mom and dad, and baby sister, came to this country LEGALLY. They had proper documentation, but then stayed beyond their visa. At which point, ALL became illegal immigrants. Over the past 20 years, Marxavi’s dad has worked hard in kitchens as a cook and dishwasher - working on the side in construction. He made money - more money than he would have made, he says, than in Cancun, Mexico. Marxavi and her sister went to school… graduating in the top of their classes. Marxavi met her high school sweetheart there and two years ago, they married, rented a mobile home and started a family. She also went back to college to become a kindergarten teacher. But it was during this time, she had a social security number - it can be traced back in her school records.

Eventually, Marxavi got a job as a librarian, working for Alamance county. But on her paperwork, where it asked citizenship status, law enforcement says she checked “citizen”. Her co-workers say they loved her gentle, sweet spirit. And the fact that she ALWAYS had a smile on her face. They supported her through her pregnancy… thrilled for the new life within her. But it was during her pregnancy, when she went for prenatal care at the Alamance County Health Department, that put her illegal status in the spotlight. Unbeknownst to the young mother-to-be, as she was getting prenatal treatment, a health director was being investigated by the SBI, which led to names of illegals being dropped, which led to other investigations by a myriad of law enforcement agencies, including local, state and federal agencies investing her and other. Marxavi was arrested, taken away in handcuffs from her job at the local library. Friends and co-workers who witnessed it say they were appalled - not understanding why someone with her pristine record and personal - would be arrested in the first place.

But law enforcement officials say there was nothing they could do. By possessing a social security card that was not issued to her - rather a man who had died in the 1940s - and for claiming to be a US citizen, while putting on her baby’s birth certificate she was born in Mexico, she had broken the law - the federal law.

So, now, her husband Marco Miranda has been arrested - he, too, is illegal. Her parents and sister turned themselves into ICE on Tuesday, admitting to their illegal status - being arrested on administrative charges but released on their own recognizance - as a family member cares for the 15-month-old baby boy. However, when asked if it was worth it, coming to America, her father says it was. Now, they’ll support their daughter’s fight for deportation, knowing the reality is, they’ll all likely head back to Mexico when all is said and done.

So, what do think? Is this fair or not? Should the system be changed or not?

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Member Comments Total Comments: 75
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smithville
Jul 24, 2008 | 8:05 PM

I don't think that our system should change for anyone, for any reason. If a U.S. citizen went to Mexico and done the same thing they would throw us in prison and forget about us. Plus I'm not about immediate deportation but when they commit felonies or federal crimes then no sympathy should be awarded or even considered!!!!!!!

northdavidsondad read my blog view my photos
Jul 24, 2008 | 9:24 PM

Personally, I do NOT feel sorry for any of them. They all knew that they were ILLEGAL!! Should deport all of them, along with the judge that was gonna let her stay here!!!

homeschoolmom read my blog view my photos
Jul 24, 2008 | 9:48 PM

I think your title says it all. There is a price to pay and too many don't have to pay it. Our authorities are finally trying to do something about illegal immigration and now all the sad stories start. This family knew from the beginning that this could happen, but they continued to live the lie. Now they are having to pay the price. Do I feel for this family? Yes. Do I think the laws should change? Only if they get tougher on illegal immigration.

tree123456789
Jul 24, 2008 | 10:27 PM

why are they so worried about this family when our sheriff, Terry Johnson, failed to review the I-9's when hiring for the construction of the new jail (where they now house illegal immigrants, ironic isn't it). Use them, then jail them, is that fair??

salvadoran2007
Jul 24, 2008 | 10:33 PM

Unfortunately, for many people it is easy to say that they support these new immigrations laws. What they do not realize is that these immigrants are of skin and bone like everyone else. Their determination to better themselves has brought them to an alien country where they work hard to earn a living with the constant fear of being punished for doing so. Among developing countries, America is the epitome of hope and we pride ourselves in carrying that title, however, when people are punished for working, we applaud it because they do ILLEGALLY. Never do we question whether or not there is really a way for them to do so the "legal way".

Loafy read my blog
Jul 24, 2008 | 10:53 PM

I agree with northdavidsondad they are illegal
go to wal-mart or anywhere they are there with 3 or more kids and using food stamps when us Americans are struggling to keep food on the table and a roof over our families head.If I have to go to Apply for food stamps or medicaid I get denied but let them go in and OH BOY!!! THEY GET IT ALL.SEND THEM BACK THATS WHAT I AM SAYING I AM TIRED OF IT!! Its About time someone is doing something GO ICE GO ICE!!!!!!

ThackerAgency read my blog view my photos
Jul 25, 2008 | 1:10 AM

"They had proper documentation, but then stayed beyond their visa. At which point, ALL became illegal immigrants."

Maybe I'm missing something or I'm wrong. This is obviously a 'tear jerker' story trying to 'prove' that they should stay. . . but isn't that the exact thing that the 9/11 hijackers did?

So for some reason now since they just overstayed their visa ILLEGALLY and didn't swim across the river ILLEGALLY we should feel sorry for them?

It isn't about whether they are good people or not. If you want to support them Caron, then let them stay in your house and eat your food. If you think they should be allowed to stay here, that's what you are forcing on the rest of us.

It was said before. . . if we were illegal in any other country there wouldn't be a question. . . they would send us back in a second.

It takes a bit of arrogance to feel that sending these people back to the country they came from is 'punishment'. I'm sure there are many Mexican nationals that prefer Mexico to America. Imagine an American citizen crying that it was punishment to be deported back to America because you were an illegal alien in another country.

It's preposterous. The shame is that the federal government should have been policing this long ago. I don't blame them, I blame the federal government. But we can't afford them.

ppmharley
Jul 25, 2008 | 6:01 AM

salvadoran2007 writes:
Jul 24, 2008 | 10:33 PM Unfortunately, for many people it is easy to say that they support these new immigrations laws. What they do not realize is that these immigrants are of skin and bone like everyone else. Their determination to better themselves has brought them to an alien country where they work hard to earn a living with the constant fear of being punished for doing so. Among developing countries, America is the epitome of hope and we pride ourselves in carrying that title, however, when people are punished for working, we applaud it because they do ILLEGALLY. Never do we question whether or not there is really a way for them to do so the "legal way".

Let me as an American DIRECTLY affected by these illegals coming to America ! Yeah that's right... I've been affected personally.

They come here and steal OUR id's and gain from that. That's illegal !! And we're suppose to applaud that? and the fact that they use theft to gain work and then pay no f** ing taxes? I think NOT !

My child is a minor and just going into High School. Back in 2004, we filed our income taxes and were denied a refund and then was audited. For two years !! I ran around while having back and neck operations, while my husband HAD to work to keep a roof over our heads, to drag up 2 yrs of paperwork, light bill, morgage payments, school records, dr's records, you name it ! I had to get people to sign and write notes saying who we were, that we are the parents of our children, etc, etc.. It took over 60 pages and we had to PAY an tax preparer to help us get it to the

ppmharley
Jul 25, 2008 | 6:06 AM

Continued: IRS, who didn't get it over and over ! They then started taking money from my husband's $9 an hr pay check, to pay the IRS back
for claiming and child that I gave birth too and carried for 9 freaking months ! Before we got it all settled, my 32 yr old husband had a
heart attack and had to be put into Baptist to undergo an operation. I'm just healing from operations myself and am in a wheel chair. I go
to Social Services and see there are most only Mexican's in the offices asking for help. We have NO income now, but was denied help ! They
said because we have NO income next month, they couldn't help us. Went to Salvation Army and United Outreach and still was told the same
thing. We finally lost our home, that we only owed 6 yrs on and our only car, because we had NO income ! I had to call the govern's office
to get 6 month worth of food stamps...
We finally in 2007, got it all sorted out and was finally issued a refund, but they would not tell us why we were audited.
Well a few months ago, I found out what it had all been about. I was informed by a state employee that my children's SS#'s had been used
by someone making well over $40,000 a year. I did some digging and they'd been using it since the year before our audit and WE were having
to prove that we're legal, etc, etc and we lost EVERYTHING because of it and because our governmen is so wrapped up in kissing their
backsides, to help their own !
Now, what have I been doing? Running around, calling every place that I'm told to call to make sure this guy pays, but see? He won't !
He's stil

ppmharley
Jul 25, 2008 | 6:08 AM

Continued-
He's still being allowed to run around and use my child's #'s and make money, while gas is eating away at the budget that we again have
to live on !
Now you tell ME where the hell am I suppose to get some sympathy for these freaking theives that claim to come here and work so hard...
it's only to make money and send back to their home, and to bring more of them over here.
I say before they deport this family, they should have raided their homes, because I know someone who was deported and he had over $30k
under a mattress and he asked his friend to take it over the boarder, so he could pay to be resmuggled right back in ! Now how many hard
working American's can stash that much money under their mattresses.
Answer this question for me poster !
WHO is going to pay me back for loosing my home, because my husband was so stressed over something a Mexican done, that he had a heart
attack? WHO is going to pay me for all the time, gas money, etc, etc that I had to put out just to prove who we are and that I am the mother
of my own child? WHO is going to pay the taxes to the IRS that this illegal has NOT been paying to the IRS all these 4 yrs now? WHO is going
to pay to correct my child's destroyed credit record? WHO?? You??
It sure isn't going to be that theif of a Mexican !
They hurt WAY more than they do any good for the US.

ShaneKSmith read my blog view my photos
Jul 25, 2008 | 6:47 AM

Someone is feeling very powerful to disrupt this young lady and her family’s lives. I bet the SBI and ICE are embarrassed to be a part of this case. We have people coming into our Country that want to blow us up. Then we have people in our Country that want to work their asses off to make America Stronger. At least the Judge made an effort to show some compassion. What most of you is missing is that this case could be used as an example of how those hard working people that want to be part of our Country could make things right, get legal and get out of your pockets and off of your backs. Almost everyone is saying all she had to do was get legal! Can you see now why she didn’t want to open up the can of worms that will disrupt so many lives! I doubt it. Tunnel vision must be terrible. Take your blinders off! Instead of setting an example to encourage illegals to take the right steps now they will just dig a lot deeper. Cancun might be an ideal place to be on a permanent Spring Break but not far from the tourist trap is a different world.

virtualsub
Jul 25, 2008 | 7:38 AM

This young lady is a librarian, not an uneducated worker. She would have known that she had stolen the social security number of an innocent victim---in this case a victim who was dead. If she'd taken this man's ring, or shirt or anything else, we'd call it grave robbing. She stole from the dead. More, credit and other things are based on social security numbers-each time she gave her social, and someone ran it, she would have been using his good social security related reputation.

Then, if she was here for 20 years, she (and her family) would have been here during the SAWII program. SAWII aka amnesty program. That means that having overstayed their visas, when the federal government offered amnesty for anyone who had been here more than 5 years just for the asking---and equally that folks who had not been here 5+ years to return to their country of origin and reapply---, this family choose not to abide by even that "free pass".

Then, when accounts indicated that her husband was a US citizen or legal resident, she did not apply based on marriage. Now, of course, the story has changed and just coincidentally he is also not a legal resident. I suspect if our heart strings had been tugged based on this woman's "plight" (ie the requirement that she a "law abiding innocent" actually abide by the law), then the next arguement by the "appalled" friends would be that of course we couldn't apply the law and separate a family!

Speaking of family, there is a child involved who is a US citizen....but again, an educated woman who is quite capable of using the library to lear

dakotahighpoint
Jul 25, 2008 | 7:50 AM

What I don't see people talking about is the fact she had a Social Security number. That means she was using someone elses number and that is identiy theft. That subject never comes up when talking about ILLEGAL immigration. Not only are they here illegally but many times to stay they steal identies. What would you say if she had your number.

dansham
Jul 25, 2008 | 8:12 AM

Personally, I don't feel sorry for any of them. They all knew that they were wrong and they know it. They sneak into our country, they take our benefits, and our jobs. They should stay where they belong.

Buttwiggles read my blog view my photos
Jul 25, 2008 | 8:17 AM

The whole issue here is that the law was broken...time to pay up. News people that focus so much on stories like this, trying to tug at the heartstrings of people, need to also tell more stories like ppmharley's....why is something like that not in the spotlight too? Look what has happened to that family. Look how they have suffered? Was there anyone to run and help them? I am sorry that your family had to go through that.

sirwilliam read my blog
Jul 25, 2008 | 9:12 AM

Never mind "changing" the system, just enforce the laws that the system provides! Good job ICE, keep it going. There's alot more out there, and they're not hard to spot. They're the ones that keep looking behind themselves!!

fishoutofwater
Jul 25, 2008 | 10:18 AM

i don't get it, they wave their flags and and have parades and say how proud they are to be from whatever country they come from, why when the law says you must go back, they cry about it? if you are not proud put your flags away and wave the american flag, the flag that can really give you the freedom and pride if you are legal.
we americans pay for everybody that comes over here illegely and we can't get anything we pay our taxes for. there is always a problem when we need assistance from our own government. i'm tried of seeing people with gold jewelry, fly cars, homes, a lot of children and living on my tax dollars.

Tiggersmommy read my blog view my photos
Jul 25, 2008 | 1:28 PM

I am *so* sick of hearing all about how she came here in the arms of her parents at the tender age of three, or that she had no choice in the matter at all of whether or not she was here illegally. The *woman* is no longer three, she is 23 - 5 years over the legal adult age. That means she had 5 years to make things right and become legal. Some say that she was too scared, had to live underground, avoid detection. She had a city job and 4 cars among other thngs for heavens sake. Looks more like she didn't care to even try. It really looks like she tried to milk the system for all it was worth while the getting was good.

ShaneKSmith... I give you respect and honor for your insightful and well thought posts. I normally agree with you on most issues but I have to respectfully question this one statement... "we have people in our Country that want to work their ***** off to make America Stronger." How was she working to make our country stronger? By taking a job that only a legal citizen was supposed to fill? Maybe by filling out a tax form - with a number that belonged to someone else? Or was it by using a service like the Alamance Co Health Dept that was founded, funded and *only* for legal Alamance Co citizens? I humbly request you clarify your statement, without expletives, please. :) Thanks

While I understand she was involved in no other criminal activities, "that we know of", what she did **is still a felony**. She knowingly used someone else's SSN number hundreds of times over the past 5 years since she beacme a legal adult. That is a crime and it is punishable by

Tiggersmommy read my blog view my photos
Jul 25, 2008 | 1:29 PM

(cont.) That is a crime and it is punishable by US law. Fact not opinion. Now, I do advocate that she be sent back, but not for good. If she is, as she states, really determined to become a law abiding citizen than send her and her family back to Cancun and put them all on a fast track to came back the right way. Shoot, it can't be too bad... thousands of people pay hundreds of dollars to go to Cancun for vacation every year. Someone else mentioned that it would be just like Spring break for them. And with their combined money they would be living like millionaires down there. Branglina - eat your heart out ;)

deadlinediva read my blog view my photos
Jul 25, 2008 | 2:08 PM

This topic is no doubt a hot button. People seem to be for or against sending her back to Mexico. There is no lukewarm water here! In tracking down info, the social security card was originally given out to a man from California. He died in 1942. Also, she had the card during her time as a middle/high school student in Burlington.

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deadlinediva

TV Reporter, NASCAR wife, Mom. From the time I was 10 years old, I knew I would become a journalist. That was when I had my first article published in the St. Petersburg Times. The story was about our class trip to the Museum of Fine Arts, but I was hooked. And I'm still a news hawk - I admit it. I feel extremely privileged to tell other people's stories. I love people, I love being out in the field interacting with people and wouldn't trade it for anything. I was born and raised in the Sunshine State. A fifth-generation Native Floridian, I graduated from Florida State University (go Seminoles!) - the same university my mom, my aunts, my cousins and even my sister attended. I am married to Danny "Chocolate" Myers. Chocolate was the gasman for the late Dale Earnhardt for nearly 20 years and still works with Richard Childress Racing, only now he's in "management". He also hosts a radio show each day from 11 to 3 on Sirius Satellite Radio Channel 128 called "Tradin' Paint." I lost a 10-year-old daughter, Brandy, to leukemia. She was sick for five years. During that time, I spent countless nights at the Ronald McDonald House and logged countless hours with her in and out of the hospital, going through bone marrow aspirates and spinal taps and finally an autologous bone marrow transplant. She was bright and beautiful and I thank God every day for the time we had together. I am also blessed to be the mother of Alexi Nichole. Alexi attends Davidson County Community College, works at the Childress Vineyards and is a "semi-professional wake-boarder!" Last year we sold our old home in Lexington and moved fulltime to the log cabin on High Rock Lake. Some of my favorite sayings are: "God is good all the time, and all the time, God is good." "The events of my life, the circumstances of my life and the people around me in my life do not MAKE me the way I am, they REVEAL the way I am." "Carpe Diem - Seize the Day" and "Here am I, Lord, send me."

Member Since: 9/9/2006