Yadkin County immigrant who protested in Charlotte out of jail

Risking deportation to Mexico in order to protest U.S. immigration law was worth it for Martin Rodriguez, an honors high school graduate from Yadkin County who was raised in the United States but is not authorized to live here.

"I think we got the message out to other undocumented students that there is no need to fear because we are not criminals. We're human beings," Rodriguez said Thursday, the morning after he got out of a Mecklenburg County jail.

Rodriguez is one of 15 people arrested during a sit-in rally Tuesday in Charlotte.

Charlotte-Mecklenburg police officers charged most of them with misdemeanor disorderly conduct and impeding traffic after several protesters sat in the middle of a busy intersection, blocked traffic and shouted chants such as "Education, not deportation!" and "The people united will never be divided!"

The rally and subsequent arrests were aimed at raising awareness about immigrants such as Rodriguez. They want Congress to pass legislation known as the Dream Act, which would allow young, educated immigrants to correct their immigration status and go to college or join the military.

Ten of the 15 arrested are illegal immigrants, rally organizers said.

Because Rodriguez was one of them, he ran the risk of being deported to Mexico, a country he says he does not remember. However, Immigration and Customs Enforcement officials opted not to pursue deportation proceedings against him and at least six other immigrants, attorneys handling the case said.

It is unclear why ICE did not take action against the illegal immigrants arrested during the rally.

Rally organizer Domenic Powell, a founder of the N.C. Dream Team, said federal authorities may have been following a directive handed down in June by ICE Director John Morton and supported last month by President Barack Obama.

ICE officials were told to give priority to more serious criminal cases that pose a higher degree of danger to the public in order to use agency resources more efficiently.

While Morton's directive might have been a factor, the spotlight that the media put on the rally and arrests might have been a factor as well, Powell said. Initially, he said, ICE was planning to send one of the immigrants — Manuel Vasquez of Raleigh — to the agency's regional detention center in Lumpkin, Ga.

"At some point, an internal decision was made not to do it," Powell said. "There is public pressure now. But what happens when you roll a stop sign in Winston-Salem? You still risk deportation."

As of Thursday, it was still difficult for Powell to determine whether the rally had been a success, in his view. Only three of the 10 illegal immigrants had been released by the morning. Four more were expected to be released later Thursday, but the fate of the remaining three was still unclear, he said.

On Tuesday afternoon, in a scene reminiscent of the 1960s civil rights and antiwar movements, Rodriguez was arrested as he sat in the middle of East Fourth Street and South Kings Avenue as drivers honked horns. Charlotte-Mecklenburg police officers picked him up by his arms and led him to a caged police van. Meanwhile, a crowd of supporters chanted "Undocumented!"

"Unafraid!" Rodriguez shouted back.

Most of those arrested were charged with misdemeanor disorderly conduct and impeding traffic.

In the moment that police arrested Rodriguez, he risked being deported to Mexico.

On Wednesday, ICE opted not to open deportation proceedings.

That night, about 11 p.m., Rodriguez was released from Mecklenburg County Jail on unsecured bond, but only after his case took an unusual turn. To show solidarity with others still in jail, Rodriguez had initially refused to sign his own release paperwork.

"They were all confused — the inmates, the magistrate, the police officers," he said. "One inmate was like, 'Hey, let me take your place.'"

Rodriguez must still go to court Oct. 27 to resolve the misdemeanor charges that stemmed from the rally. (Being in the U.S. without authorization is a civil offense, not a criminal one.)

Rodriguez's case highlights the complexity of the immigration debate.

Many Democratic and Republican lawmakers and the Obama administration agree that criminals who pose a serious danger to public safety should be deported and that border security should be tightened. But divisions become clearer when the discussion focuses on immigrants such as Rodriguez — those who would qualify for the Dream Act.

In North Carolina, there are about 51,000 such immigrants, less than 1 percent of the state population.

In the Yadkin County area, Rodriguez's former teachers and current church leaders have spoken highly of him, describing him as a straight-A student and active church member. In Yadkinville, Mayor Hubert Gregory also spoke positively about Rodriguez after having met him and other members of his group known as El Cambio, which is based there.

"He is a very fine young man," Gregory said. "It's a sad situation for a child. He was brought here. He didn't have a choice about coming."