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Jailing Immigrants
August 4, 2003
By BOB HERBERT
CONGERS, N.Y. - The Al Laghetto Restaurant on Route 9W is a
well-regarded family operation that until recently was run
by Elizabeta Markvukaj, her fiancé, Vaso Nikpreljevic, and
his brother Mario.
Ms. Markvukaj is a friendly, formidable woman from Albania
who carries with her the disturbing memories of her years
in a Communist internment camp. Vaso, Mario and other
members of the close-knit Nikpreljevic clan settled in the
U.S. after fleeing Montenegro in the 1990's.
After the violence, hatreds and atrocities they witnessed
in their homelands, these refugees had managed to knit
together a life in quiet upstate Rockland County that
seemed very good indeed. Elizabeta and Vaso had a baby girl
18 months ago and were making plans for their wedding. They
belonged to a local church, paid their taxes promptly,
contributed to charity and participated in Sept. 11 relief
efforts.
It's hard to imagine a family that is less of a threat to
the peace and well-being of the United States. And yet
everything the family has worked toward is unraveling.
On Nov. 30, 2002, Mr. Nikpreljevic was pulled over for
speeding on the Connecticut Turnpike. A computer check
revealed that his immigration papers were not in order. A
nightmare scenario ensued. He was handcuffed and arrested,
and has not been out of custody since. The government has
ordered him deported. And under current law he would be
barred from any realistic chance of returning.
"He hasn't done anything wrong," said Ms. Markvukaj. Tears
streamed down her face during an interview on a large,
covered patio behind the restaurant. She described how she
took the baby, Nina, to visit Vaso in prison ("She
recognized him!"), how business has fallen off in the
restaurant and how the family is fighting with everything
it has to block Vaso's deportation.
Mr. Nikpreljevic's immigration history is complicated. His
lawyers, Theodore Cox and Joshua Bardavid, said that back
in the early-90's when he first came to the U.S., Mr.
Nikpreljevic's mother submitted a petition on his behalf
requesting authorization to apply for a green card. That
petition was approved. But Mr. Nikpreljevic submitted a
request for asylum. That was denied and he was deported.
He returned to the U.S. illegally, through Canada. But,
according to the lawyers, he paid a $1,000 penalty and was
permitted to apply for a green card and remain in the U.S.
pending a decision on his application.
As he had never been in trouble, and his relatives and
fiancée had all been able to secure citizenship or
permanent residency status, he did not anticipate a
problem.
But times (and the treatment of immigrants) have changed
since Sept. 11. After his arrest in Connecticut, Mr.
Nikpreljevic was told that his application had been
"terminated." No reason was given, his lawyers said. Mr.
Nikpreljevic has been held in a number of prisons in
Connecticut and Massachusetts since then, the latest being
the Osborn Correctional Institution in Somers, Conn.
When he is being moved from one prison to another, his
family said, officials just show up in the middle of the
night and take him away - a very frightening procedure.
Thousands of men and women, many of them completely
innocent, are ensnared in this system, which is
fundamentally uncaring and frequently cruel. Many of the
immigrants never even see an attorney.
In Mr. Nikpreljevic's case, the lawyers have challenged the
decision by immigration authorities to "terminate" his
application for permanent residency status. If their effort
is unsuccessful he will be deported, and there is little
doubt his family will be devastated.
Mr. Nikpreljevic and his relatives are exactly the kinds of
productive individuals who help a society to thrive. They
have been a boon to their local community and are assets to
the U.S. as a whole. But the law, especially in times of
great fear, does not always leave room for wise decisions.
And where immigrants are concerned, the system becomes more
of a crapshoot than ever.
So the extended family that is anchored by the Al Laghetto
Restaurant is holding its collective breath, hoping for a
merciful ruling from the courts.
The speeding charge, by the way, was dismissed. 
http://www.nytimes.com/2003/08/04/opinion/04HERB.html?ex=1061027758&ei=1&en=fa604be21d7a1d02
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