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butterbean · Joined: 21 Jun 2006 Posts: 2271

The U.S. government and Elvira Arellano's legal team escalated their skirmish Thursday over an unusual federal lawsuit contending that to deport the undocumented immigrant would violate her young son's rights.

Attorneys for 7-year-old Saul Arellano say his constitutional rights would be violated if he is forced to return to Mexico with his mother even though he is a U.S. citizen by birth.

Prosecutors detailed their counterarguments in a motion filed Thursday to dismiss the case, insisting that Saul would not lose legal rights by his mother's deportation.

Arellano has taken refuge in a Humboldt Park church since defying a government deportation order Aug. 15, creating a standoff that has generated international notoriety.

U.S. District Judge Amy St. Eve said Saul Arellano's lawsuit raises "novel issues." Normally, illegal immigrants contest their own deportation orders instead of having their U.S. citizen children become plaintiffs, experts say.

Legal observers and advocates on both sides of the immigration debate are closely watching the lawsuit, which could affect the 3.1 million U.S. citizen children with at least one parent living here illegally. Some say the lawsuit is a long shot but could have political benefits.

"The courtroom is only one arena in which this lawsuit is going to play out. There is also the political arena," said Rev. Walter Coleman, pastor of Adalberto United Methodist Church, where Arellano has taken refuge.

Arellano, a well-known activist for undocumented immigrants, and the government have been in a stalemate since she took refuge at the church. Arellano said she is not leaving the church. Immigration officials say they don't plan to enter the church to get her even though she is a fugitive.

For now, Arellano's hopes rest on Saul, who had already taken center stage at sympathetic rallies, quietly playing with a Spiderman action figure or a TV microphone cord.

Arellano said she does not want to take Saul to Mexico because she fears that he will return to the United States as she did: with no knowledge of English and little formal education. Arellano said she has never seriously considered leaving her son behind either.

Federal prosecutors, in their court filings Thursday, said allowing Arellano to stay in the U.S. because of her son would grant her a benefit that Congress never intended. They implied that Arellano was hypocritical in turning to the court after ignoring the government's orders.

"Ms. Arellano should not be permitted to ignore the law and yet use the law through the means of a legal fiction by challenging the order through her son," prosecutors argued.

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http://www.chicagotribune.com/news/local/chicago/chi-0609080239sep08%2C1%2C3699855.story

Arellano is a law-breaking illegal alien who has been given more chances than she derserved to leave America. No one is stopping her from leaving with her son. Confused