How One Man Built a Life, Then Lost Everything

An immigrant love story: When Roberto Hurtado first saw Maria Sevilla at a Salinas fish joint 25 years ago, he knew it was meant to be. “I saw her one time, and that’s it,” he says. “We fell in love.”

They’ve lived together for more than two decades, Hurtado eventually becoming Sevilla’s primary caregiver after she suffered a back injury that led to disabilities. He supported her with his job as a janitor at the Community Hospital of Monterey Peninsula, where he won awards for being an outstanding employee. And over the years Hurtado, originally from Mexico, also sent money home to his sister, who was dying due to complications from diabetes.

For years Hurtado and Sevilla, an Austrian-turned-American, avoided marriage, afraid Hurtado would be exposed as undocumented. That problem evaporated in May, when the 56-year-old was arrested for identity theft: He’d been using someone else’s Social Security number for employment.

“I know I did something wrong and I regret it,” he says, “but if the United States could be more understanding…”

If Hurtado had been a citizen, he would likely have been released from jail to await a court date for the misdemeanor, says Angela Chan, an attorney at San Francisco-based Asian Law Caucus.

Instead, Hurtado was fired from CHOMP and spent three months in Monterey County Jail. Then the U.S. Immigration and Customs Enforcement (ICE) took him to a San Jose detention center, where he awaited possible deportation.

Sevilla, desperate for help, got the attention of Asian Law Caucus. The nonprofit has been fighting ICE holds: the practice of local jails detaining undocumented inmates an extra 48 hours, at the feds’ request, so ICE can pick them up.

Asian Law Caucus attorney Alison Pennington says detaining and deporting minor offenders doesn’t match federal priorities, which ostensibly aim to expel undocumented immigrants convicted of major and violent crimes.

Some California counties (soon to include Monterey County; see accompanying story) have stopped obeying ICE hold requests for some offenses. A California bill called the TRUST Act would enact rules on what inmates qualify for holds.

But that comes too late for Hurtado. He was released a few hours after entering the detention center, but authorities say they’re still going to pursue his deportation, which could happen as soon as Sept. 18.

The cupboards of the couple’s small Marina condo are bare, many of their belongings stuffed in boxes around the living room. Because Hurtado lost his job of 13 years, he’s unable to afford rent much longer. And if he goes to Mexico he won’t be able to support Sevilla, who has to stay behind because of her disabilities, including lumbar disc disease and depression.

With little else to lose, Hurtado and Sevilla married late last month. Their union gave her his last name, but it won’t give him a chance at citizenship.

“I will commit suicide if they take my husband,” Maria says with wild, bloodshot eyes, while Roberto silently clasps her hand. “He is my soulmate. He is the one who helps me with my sickness.”

She hopes ICE will use its discretion to not deport him. “After 30 years, he should be able to stay in this country,” she says. “He’s an American.”