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A Florida high school valedictorian who was on the brink of deportation has received some good news: She won't be forced to leave the country - for two years, anyway.
Daniela Pelaez, 18, came here when she was four, when her parents entered the U.S. illegally, according to local news reports. And on Monday of last week, a judge ordered her, and her older sister, out of the country.
Daniela "texted me that afternoon, 'Life sucks, I can't believe this. I have to get out by March 28th,'" Emily Sell, Pelaez's best friend, told msnbc.com over the phone on Wednesday. "And I said, 'That's not going to happen. I'm not going to let that happen.'"
Sell started a petition for Pelaez, which she said collected more than 15,000 signatures, and organized a protest at North Miami High School, where nearly all of Pelaez's 2,600 classmates joined in a walk-out last Friday in solidarity, according to The Miami Herald.
"Over my dead body will this child be deported," Miami-Dade Superintendent of Schools Alberto Carvalho, holding Pelaez's hand, said on Friday, reported NBCMiami.com.
High school students fight valedictorian's deportation order
But it wasn't until Tuesday of this week that Pelaez's attorney heard from Homeland Security thatdeportation order had been deferred.
"Two years is good, but it's not the goal," Pelaez's attorney, Nera Shefer, told the Miami Herald Wednesday, adding that Pelaez is "very happy she’s going to be able to finish high school and go into finals with a clear mind."
Superintendent Carvalho echoed those sentiments on Thursday.
"I'm elated over what I believe is a temporary win," he told msnbc.com. "I hope this incites a national dialogue that will address the sentiments of students and young people who find themselves in no man's land. It's time for the nation to take on this issue in a non-partisan way."
The Pelaez family -- both parents, as well as Daniela, her brother, Johan, and her sister, Dayana -- came to the U.S. in 1998. The Miami office of Immigration and Customs Enforcement would not tell msnbc.com why it chose to defer, and not dismiss or uphold, the deportation decision, saying it had “exercised prosecutorial discretion in Daniela and Dayana Pelaez’s case and will defer action for two years."
ICE uses "prosecutorial discretion," in which an agency decides what charges to bring and how to pursue legal action, on a case-by-case basis, the agency said.
"ICE is focused on smart, effective immigration enforcement that prioritizes the removal of criminal aliens, recent border crossers and egregious immigration law violators, such as those who have been previously removed from the United States and returned,” Nestor Yglesias, a public affairs officer, said in a statement.
Repeated calls to Shafer, Pelaez's lawyer, were not returned on Wednesday.
Not everyone agreed Pelaez should stay.
"She should be deported," Linda Simmons, who has a son in ninth grade at North Miami High, told NBCMiami.com last week. "Her parents broke the law."
Read Pelaez's story on NBCMiami.com
Sell, Pelaez's best friend, told msnbc.com she received a lot of hate mail while she was campaigning for Pelaez.
"But I've gotten more positive emails, and I deal with a lot of the hate emails. It's worth it in the end," she said. "She would do this for anyone."
Best friend: 'She helped me through the foreclosure'
Sell told msnbc.com that she met Pelaez two years ago when Sell transferred to North Miami High School.
"I actually transferred to the school sophomore year because our house got foreclosed," she said. "Daniela and I always clicked. We were always close academically. We became friends very quickly. She helped me through the foreclosure. That was a very hard time for me. I like repaying her for that."
The two girls are in an international baccalaureate program, which Sell says has just 80 students, at their large high school.
"In our senior class, there are 30 [students]. We're very close. For Daniela to get deported, it's like a family member to get deported," she said.
Pelaez was invited to meet Sen. Mark Rubio, R-Fla., on Wednesday.
Before boarding her flight to Washington on Wednesday to meet with Rubio, Pelaez told NBCMiami.com, "I'm excited because I've never been to Washington ... I'm very happy and relieved that there's gonna be some help."
Rubio, as well as several other Florida representatives, had publicly supported her staying in the U.S. Pelaez's school superintendent told msnbc.com he reached out to his state lawmakers as soon as he heard about her predicament.
"From the very first day that I learned about this, which is the day that the judge issued the deportation order, I called a number of politicians, and the result has been pretty obvious," Carvalho said. "I'm pleased that people of good minds and good intentions have been able to find common ground."
Pelaez told NBCMiami.com last Thursday that she has no memory of Colombia and loves her friends and this country.
"I've been asked the question before: 'Do I feel American?' or 'Do I believe I am?'" she said. "And I don't think it's a question. I'm American. I know the national anthem. I know the laws. I know what it is to be an American."
Her older sister, Dayana, is 26, and couldn't go to college because she's not a citizen, Sell told msnbc.com. She works to help support the family.
Pelaez's older brother is in the Army and is a citizen; her father obtained citizenship through her brother, NBCMiami.com reported. Their mother had divorced their father and returned to Colombia for health reasons shortly after moving to the U.S., said the station.
Pelaez has a near-perfect GPA and has applied to numerous Ivy League schools, and she dreams of being a cardiac surgeon, Sell told msnbc.com.
“She's the best in bio," Sell said. "She did a medical program with the University of Miami, and she was literally salivating at it! She was like, 'I looked at cadavers today!' She wouldn't get to do that in Colombia."
Pelaez has been overwhelmed by all the attention her case has garnered, Sell said, but hopes it brings change for other kids like her -- whether they're class valedictorians or not.
"Immigration is extremely controversial," Sell said. "A lot of people have polar feelings on it. Immigrants can make it in society. Daniela is destined for so much greatness. There are so many other kids and adults that aren't exactly like Daniela, but they deserve to stay here just as much."
More content from msnbc.com and NBC News
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If this person is illegal ,then deport them.
Another criminal walks away with a big sack of money. There's a lot of that going around. The schools don't teach the difference between right and wrong. The parents don't teach the difference between right and wrong. The Government doesn't know the difference between right and wrong. The Justice system doesn't know the difference between right and wrong. The Police don't enforce the law.
And, you don't know the difference between right and wrong. Babel on. Justify your immediate gratification. Consume those goods you saw advertised on TV. Go back to sleep. Your society is all just a big joke.
How many of you think it would be fair if you were punished for something your parents did when you were four years old?
Be honest, you'd be screaming bloody murder about it and you know it. But because someone said the word, "illegal," your mind is closed. Just because there is a law does not mean it is just or fair or should be enforced. Some laws need to be changed and until they are they should not be enforced. Open your minds and use your brains. There are plenty of laws on the books that make no sense and are not enforced for that reason or because they are not a priority for law enforcement. Let our police spend their scarce resources chasing down thieves and murderers and leave future doctors alone.
Those who don't care about how laws effect human being and just say illegal is illegal should have to pay a fine or go to jail for having oral sex with their spouse, since this is illegal in some states.
If my parents robbed somebody, and the government found out, the money would be confiscated and they would be tried for the crime they committed. Any assets purchased with that money would be confiscated as well.
Is that punishing me?, or righting a wrong.
At this point, I think the rational decision is to let her finish high school (provided her parents have been paying local school taxes). Then, allow her apply to American Universities under a student Visa. If she's accepted, great. If not, deport her. Also, since she's not a citizen, she should not be eligible for federal aid, or student scholarships earmarked for citizens. After her college years she can apply for job and work visa, then apply for citizenship.
It's one thing to argue she's destined for great things, but the only way she earns her stay is to not only be successful, but she better get in line for citizenship NOW. Two years will pass her before she knows it.
She is here illegally? Then she should be kicked out of the country. It is that simple.
Hey everybody around the world, come to the United States.
Our government is giving it away !!!
Along with all of our hard work that built us !!!
Criminals welcome !!!!
Citizens of the United States not welcome !!!
Come destroy our beautiful land ( watch out Indians, you think we were bad ! )
Does anyone realize how hard it is to become a US citizen? I have a friend who came here legally 20 years ago, she applied for citizenship 15 years ago, she did everything required and submitted all the papers, and she's STILL waiting to become a citizen. She has a lawyer working on it but he's getting nowhere. Any wonder we have so many illegals here, it's amost impossible to become legal!
Tell her to kill a United States citizen.
Then tell her contact the ACLU.
They will convince the Supreme Court that we took her land, and that she just wanted it back.
She will become legal, get free medical, a totally free education for her and her kids, and college tuition-room-board at any state funded college in the United States, and any company that hires her over one of us will get tax breaks.
Our government will probably force her family to apologize for stealing her land, or face incarceration.
She may not have been born here, but she's an American, and we should be proud to have her. How can you tell her to go back to a country that isn't hers?
When the economy is good, immigration is good and when the economy is bad, immigration is bad - totally ridiculous. Unquestionably our greatest historic economic advantage has been that people from other countries want to live here.
So, to the idiots on here who want to know where we "draw the line" as to how smart you have to be to get a free "citizenship card," I don't have an answer, but I know that valedictorian puts you on the right side of it. There are cases where a "slippery slope" argument makes sense and this (like many other instances where one is used) just isn't one of them.
She is not an American.
She is too; she is a "South American".
How can you say that ????? ; )
Kinda looks like she ate America though.
Most Of You People Just Talk Stupidity
First, a four year old cannot commit the crime she is being held responsible for. Think about it, she did not bring herself into this country. She had no choice in the matter. The only thing she is guilty of is being a good student.
As for "illegals," it's about time some of you folks took a second look at your opinions about our immigration laws, because we have waited for our politicians to work things out for far too long.
Presently there are two concerns regarding Illegal Aliens in the U.S. Crime and Taxes. If the only thing that makes them a "criminal" is their I.N.S. status, then they are not a criminal concern.
If we gave all "illegals" amnesty:
And, provided them with:
And, required that they maintain such status for a number of years, then their immigration status would be considered again, with the stipulation that "Should they be discovered harboring an illegal alien at any time in the future they negate such agreement and need to get on the bus back to their previous country of residence" would it benefit us as a Nation?
The reason I say this is because our government has sat on immigration law changes for far too long. Jose who has been in this country for years, goes to work every day, and does not commit a crime cannot stay in this country. But, we will let somebody from the "middle east" easily enter this country and go to school to learn how to fly a jetliner. So, obviously there is something wrong with our immigration policies and procedures.
The important thing now is to identify who is who, so we know who the "bad guys" may be. And, to quit giving those that are sincere about wanting to stay in the U.S. the right to pay taxes and get off the "free ride" ticket. Then to severely restrict future "illegal" movement into the country.
Face it, this Country needs good people. And, I will bet that at least 70% of those you want to run out of town are good people just looking for a better way of life. What we do not need is a bunch of tax burdening, gang members, terrorists, and criminals. This Country needs to identify the "good guys" first, and they need do it now.
What is not needed is a bunch of racist hypocrites acting like their are better than others and screaming how much the Mexican has displaced them from employment because the Mexican got a job picking vegetables down the road. First off you don't want that job, and second you are too damn lazy to work that hard anyway.
Enough said?
She received benefits from that crime. Those benefits should be relinquished.
O.K. - My mom robs a bank, gives me the money.
I get to keep the money because I did not rob the bank?
I am totally disappointed about this decision on many levels. I am not heartless, but a law has been broken and broken by an illegal. Why do we even have any laws on the books. It would appear immigration laws only apply to those coming from Japan, the Philipines, etc, in other words, you wait your turn. Why would there be an exception?... just because she is smart. Okay, then why not let everyone just pick the laws they want to obey, pay the taxes they want to pay, etc? It would not work.
The laws are for everyone.. legal, illegal.
And as a side note.. I am citizen and so is my husband, our kids have worked hard and graduated from the state university with honors, yet no one has asked them to go to Washington D.C., nor have they received special consideration when searching for a job, etc. Our families have played by the rules to a fault. Never received any special assistance of any kind in the 100+ years our families have been in this country.
For God's sake, she's been here all those years and she's an asset to the country, let her stay.
"ICE uses prosecutorial discression," That is like saying Osama Ben Laudin was a nusiance. ICE totally ignores its responsibilitys to the American people. ICE refuses to do its job every day in every way. It refuses to stop illegal employers from taking bread out of the mouths of American families. It is in conspirasy with the U. S. Chamber of Commerce to allow all the meat packing, construction, and manufacturing jobs to be filled by contractors that use illegal aliens, evade taxes, lower work standards, and then they say, after they have sat in their offices for a decade doing nothing, "You can't deport all these people." You traitors make me sorry I defended your sorry asses. ICE (Nepalitano) needs to tell the white house that colluding with Obama to shut down a statutory enforcer like ICE is a crime, and they don't do crime. They need to go get his family that is here illegally and deport them first.
I just did an image search for Daniela Pelaez and got "Grimace" from the McDonalds commercials.
Too funny, it looks just like her !!!!!
If Obama looses the election this will be the issue that does it. Nobody I know can tolerate his anti law positions; his criminal facilitation. He can't jail the rich criminals and criminal employers because they fund him and he can't deport illegals until after the election. The democrats use phoney serveys to back their amnasty push, but everyone is looking at each other saying, "Did you tell them to keep them here?" Actually, no one did except some Hispanics, about five percent of the population, and of course the one percent that are getting rich on employing them. The teasters want to push him out on healthcare and gay rights. They are totally missing the point. When we say the economy we mean jobs, and when we say jobs we are smart enough to know that immigrants are the only people getting jobs because Obama is allowing and facilitating them getting our jobs. Politition is getting to be a real dirty word synonomous with criminal.
didn't even bother to read the story after "illegally" how about honor the verdict and a big your welcome for the free education and whatever else it cost the us to raise them- Im sure their country needs them now!
Let all these bleeding hearts be assess for all the past costs of this student's education and an assessment for any other American student who's cost of schooling and who's position in the schooling she has taken over. Then let them pay for any money that has been given by the government to this girl and her family to help them live here. As a tax payer, I"m sick of bleeding hearts (many of whom don't pay taxes) giving my hard earned tax money away.
If Romney doesn't hammer Obama on immigration then he will lose. Romney isn't most people's pick but he will do to get rid of Jeffe Obama. He certainly couldn't be much worse than Obamaquez.
This is an unfortunate situation, but if you are in a country illegally, you need to be ready to face the music. America is no exception. It might be land of the free and home of the brave, but there are rules...not for just some people.
And for all of you liberals, trying staying in another country when they find you to be illegal. They will walk you to the plane!
I hate to use this poor child as a scapegoat but someone tell us where we are going to draw the line. I like the concept that ICE goes out the door tomorrow and jails all the illegal employers that hired one or one million illegal aliens. I like the idea of canceling legal immigrant work permits, of all types, whenever there is three percent unemployment. I like the idea of illegal employers having to make restitution to the treasury for all the wages that they didn't hold taxes on in paying their illegals. I don't care if they are destitute. Let them work it off on the chain gang. Cruel and unusual you say? No, what is cruel and unususal is making a citizen of this country stand outside the only workplace in town while illegal immigrants work inside, and the government protecting the illegal employer.
Why should she get to stay? Just because her parents broke the law and she didn't. Ok, did she attempt to gain citizenship? No! Did he family member try to get citizenship? No! Her sister couldn't go to college because she was not a US citizen bu she is working. So she is work and NOT PAYING TAXES! The people defending her and her family should pay their taxes if your so concerned. Why should I go to work everyday and have to pay taxes to live her when there are immigrants begging to live her but don't want to pay taxes. FREELOADERS! We have enough of them. You people need to learn more about international policy and this school needs to get their act together and stop supporting people who break the law....Oh wait they already have that by allowing child molesters to work in our childrens schools...America is on a down hill spiral and we are letting it happen. People make me sick!
What law do American citizens get a free pass on? Should we all get a one free crime coupon? Entering illegally is only the first law they break. But illegals are more protected, have more rights and get more benefits than citizens.Free healthcare, free meals, housing assistance, - alot of these benefits that they would not qualify for without lying. By the time they get settled in they have broken so many laws, lied, cheated the system, why worry about one more? The blame should be placed solidly on the shoulders of the parents who made a decision to become criminals. Why should we CONTINUE to reward the same kind of behavior that would result in a citizen being incarcerated?
A lot of those wing nuts who think Miss Palaez should be deported probably are descendents of immigrants. Perhaps all of them are. Until the Chinese Exclusion Act was passed in 1882, anyone could freely immigrate to the United States.
It is interesting the first restrictions on immigration to the United States had their origins in racism.
There is a huge difference between immigrants and lawbreaking illegal aliens. Like the difference between drawing your own money out of a bank or robbing it. Its not a tough concept. Come here the legal way and we will welcome you as a proud new citizen.
Rubio is such an ass. It's not surprising that he involved himself in this case. Whoever picks this liar for VP won't be getting my vote.
Republicans who continue to oppose comprehensive immigration reform are driving the Latino voters to the other side and, in the process, condemn themselves to permanent minority status.
This issue is totally Obama now. He is on the hotseat over his criminal facilitation of illegals working here. The current flood of illegal immigrants, that are coming in to fill the emerging economy, is his doing. He owns the new wave of illegal aliens and the employers that work them. He has convinced ICE to abandon their mission. it wasn't hard. They don't want to work anyway.