Family thwarts deportation to Australia for teen schoolmate attack in San Francisco

Deportation thwarted in schoolmate attack

SAN FRANCISCO — A 13-year-old boy who faced deportation to Australia after he was arrested for punching a schoolmate and stealing 46 cents was granted a green card, as his American stepfather criticized the San Francisco immigrant policy that had threatened to tear the family apart.

The boy and his mother, Tracey Washington, received green cards Wednesday, according to their attorney, Angela Chan of the Asian Law Caucus.

Immigration officials learned that Washington and her two sons — the other is 5 — were in the country on expired visa waivers after the 13-year-old was turned over to them following his arrest in January.

They were ordered to leave the country by March 5 before receiving a reprieve.

The case called attention to a city policy requiring officials to turn over to immigration authorities any minor arrested for a felony and suspected of being in the country illegally.

The policy was instituted by Mayor Gavin Newsom in July 2008 after the city was accused of protecting young offenders from deportation who then went on to commit other crimes.

Charles Washington, the teen’s stepfather and a city bus driver, said in a letter to Newsom the policy “hurts families and tears children away from their parents.”

“Our family’s luck in this case was unique, but Mr. Newsom, the pain we felt when our family was facing deportation as a result of your policy is not unique,” he wrote.

Tony Winnicker, a spokesman for the mayor, said Newsom was happy for the Washingtons but stood by the rule.

“The case validates our current sanctuary policy, where San Francisco reports undocumented juvenile arrests and Obama administration officials exercise discretion and judgment in deportation decisions,” he said.

The Washingtons married in April 2009. Charles Washington said a federal agency had wrongly told them there was no deadline for his wife and two stepsons to apply for legal residence.