A federal immigration agent sifted thru Jose Garcia's bureaucracy ahead of gruffly telling the shackled 20-year-old he was off the hook, rescued by forces past the agent's control.

"'You higher thank Obama,'" Garcia, a summer season intern in Oakland Mayor Jean Quan's office, stated the agent informed him. Now not lengthy after, Garcia walked unfastened into downtown San Francisco after a sleepless, determined week in jail.

Garcia's surprising freedom Monday from the specter of deportation to Mexico generally is a style of what is to come back for teenagers like him -- or it'd be a fluke.

His reprieve got here a month earlier than the dep. of Place of origin Security's promised get started of a application granting deportation reduction and paintings allows to tens of millions of younger unlawful immigrants dropped at the us as kids. Attorneys consider Garcia is among the Bay Area's first to learn considering that President Barack Obama introduced the directive ultimate month.

"It's due to the June 15 coverage" that Garcia was freed, stated San Francisco legal professional Mark Silverman of the Immigrant Prison Useful resource Middle. "TYPICALLY it is ICE's mandate in the event that they to find any individual who's deportable," they are attempting to deport them.

Garcia is purely the second one individual Silverman is aware of of -- the opposite in Arizona -- to obtain this sort of reprieve.

The Division of Place of birth Safety would possibly not say if or what number of unlawful immigrants are already being helped by the policy, insisting it would possibly not be totally carried out until

mid-August. Republican lawmakers are accusing the management of getting began months early, although Hometown Safety Secretary Janet Napolitano's June 15 memo mentioned the brand new steerage to immigration marketers "takes impact immediately."

Garcia's lawyer, Laura Polstein of Oakland's Centro Felony de l. a. Raza, hasn't ever noticed a case like this.

"What came about to Jose is surprising," she mentioned. "IT IS VERY peculiar for somebody to be launched with no bond."

Immigration marketers at all times had discretion, however "there has been almost certainly a few extra forceful path from the Obama management" ultimate month to truly use it, stated Bay House immigration legal professional Randall Caudle. He stated he had heard of a handful of comparable instances across the us of a seeing that June 15.

Garcia crossed into the us whilst he was five and grew up in Oakland.

A family member recruited the eating place employee this summer time for an unpaid internship at Oakland Town Hall, the place he varieties mail and does clerical work.

He hadn't heard concerning the new coverage however seems to qualify for a piece allow and coverage from deportation. His arrest sped up his relief.

Garcia were given into bother July 2 as he drove a chum house from 74th to NINETIETH avenues in East Oakland.

He admits he was using too rapid. He additionally had a few beers in advance however mentioned he was no longer under the influence of alcohol. Still, he failed the breath take a look at and the officer arrested him on suspicion of riding beneath the affect and and not using a license. He was booked into Alameda County's Santa Rita Prison in Dublin.

Prosecutors dropped the case in court, however a fingerprint test found out Garcia was no longer a prison U.S. resident. Immigration marketers picked him up on the county prison every week after his arrest, shackling him on the wrists, ankles and waist.

"I was shocked," Garcia stated Wednesday, combating again tears. "They chain you favor a dog."

At the San Francisco immigration office, he did bureaucracy explaining how lengthy he has lived right here and the place he were given his degree. An agent known as the college and checked.

"They instructed me, 'You're going to be launched. ...A DISTANT Your file is clean.'"

Reviewing his college record, freeing him with out an order to go back for a court docket listening to and giving him data on making use of for a piece allow was unusual, professional Bay Space immigration attorneys said.

"Their perspective is usually, 'We'll record (for deportation) and you'll determine that out in court.' That is lovely uncommon," stated attorney Jackie Shull-Gonzalez of San Francisco-based Dolores Side road Neighborhood Services.

Opponents of the brand new deportation coverage are also sure the federal government is transferring prior to subsequent month's professional release.

U.S. Area Judiciary Committee Chairman Lamar Smith, R-Texas, in a July 3 letter demanded solutions from ICE Director John Morton. Smith mentioned files "show that unlawful immigrants have already benefited from the brand new policy, despite the fact that there are not any requirements in position".

He referred to as the coverage an "open invitation to fraud."

ICE spokeswoman Virginia Kice stated in an e-mail that, for now, her company is thinking about aid below the brand new coverage provided that somebody already has a looming deportation or if the individual qualifies below ultimate year's broader directive to drop low-priority cases.

Whatever made him free, Garcia, nonetheless shellshocked by the speedy flip of events, mentioned he is grateful for the chance to are living on this country.

The experience, he said, makes him wish to be a police officer.

"It opened my eyes a little bit. Now not all of the law enforcement officials are unhealthy. I met a large number of great folks in there."