Fight continues for Arizona entrepreneur facing deportation

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(The Center Square) – A bipartisan duo continues to speak against the deportation of an Arizona restaurant owner.

Kelly Yu is detained at the Eloy Detention Center in Eloy, Arizona. She is facing deportation to her native China.

Lisa Everett, the GOP chair for the Arizona Legislative District 29, is working with Brent Peak, a Democrat. They told The Center Square that Yu “fled China” 18 years ago when Yu was 21 years old. Yu was pregnant at the time and wanted to get out of China because of its one-child policy.

“Kelly is the type of immigrant we want,” Everett told The Center Square. “She owns two restaurants, sponsors the high school baseball team, employs 30 people, pays her taxes, has a daughter in college, speaks our language, helps her community, and cares about her neighbors.”

Kelly and her husband, Aldo Urquiza, plan to open a third restaurant.

Urquiza is an American, and their recent marriage leads Peak to argue that Yu is “eligible to file a Motion to Reopen her case and apply for Adjustment of Status,” giving Yu a path to legal residency.

“Deporting her would be a senseless act of cruelty that separates a U.S. family and wastes resources, when granting a stay would allow her to complete the legal process and be formally permitted to remain in the country where she has established a successful life,” said Peak.

Everett and Peak, co-chair of progressive activist group Northwest Valley Indivisible, have appealed to Arizona’s federal legislators for help. The Center Square sought comment from Republican Rep. Abe Hamadeh and Democratic U.S. Sens. Mark Kelly and Ruben Gallego but did not receive a response.

Hamadeh represents Glendale and Peoria, where Yu’s restaurants are located.

Kelly met with Yu in August. He also wrote the Trump administration in September to ask that officials not remove Yu from the United States. Gallego was part of that letter, as were Reps. Greg Stanton and Yassamin Ansari, D-Arizona.

“Arizona's federal delegation should help Kelly Yu because she is a highly visible, successful, non-criminal resident whose detention directly contradicts core American values,” Peak told The Center Square. “Intervening now protects the economic stability of her business, prevents the unnecessary separation of a U.S. citizen family, and ensures that ICE resources are focused on genuine threats to public safety, rather than wasting taxpayer dollars detaining compliant individuals whose removal is likely stalled indefinitely by a foreign government.”

Meanwhile, Everett met with Peak and Urquiza this week. Everett said Urquiza is carrying a load on his shoulders right now.

“He is an amazing stepdad to Zita,” said Everett of Yu’s daughter, but noted Urquiza is essentially living the life of a single parent. "He runs the business alone, and that is a tremendous responsibility.”

Urquiza and Yu speak at various times during the day. Everett said Urquiza “tries to remain positive” for his wife.

The U.S. Department of Homeland Security did not respond to a request for comment this week from The Center Square. However, Homeland Security Assistant Secretary Tricia McLaughlin told The Center Square in August that DHS stood by its actions.

“Lai Kuen Yu, an illegal alien from Hong Kong, has had a final deportation order from a judge since 2005,” said McLaughlin. “She was arrested illegally crossing the border by U.S. Border Patrol in Arizona on February 4, 2004, and two days later was released into the country.”

McLaughlin went on to state that, on Nov. 14, 2013, the Board of Immigration Appeals dismissed her appeal and upheld the final order for Yu’s removal.

"On Aug. 23, 2016, the U.S. Court of Appeals for the Ninth Circuit denied her appeal,” said McLaughlin. “On June 12, the Board of Immigration Appeals granted her a temporary stay of removal while they consider her motion to reopen. She will remain in ICE custody pending her removal proceedings."

McLaughlin noted ICE does not export U.S. citizens.

"It’s her choice,” said McLaughlin. “Parents are asked if they want to be removed with their children, or ICE will place the children with someone the parent designates."

The U.S. is offering illegal immigrants $1,000 and a free flight to self-deport themselves, McLaughlin said.

"We encourage every person here illegally to take advantage of this offer and reserve the chance to come back to the U.S. the right legal way to live American dream. If not, you will be arrested and deported without a chance to return.”

McLaughlin said illegal immigrants can take control of their departure with the CBP Home App. CBP stands for U.S. Customs and Border Protection.

“I pray for her daily,” said Everett about Yu.