"In an exercise of discretion, ICE has granted Jesus Armando Berrones-Balderas a one-year stay of removal on humanitarian grounds", ICE said in a statement Monday. "ICE issued a previous one-year stay in June 2016".
Berrones' five children are all USA citizens: two from a previous relationship and three with Garcia, who is pregnant.
The one-year stay granted Monday will allow Berrones to receive a work permit and remain in the USA while he tries to have his deportation case reopened so he can apply to remain in the country legally through his US citizen wife, Wilkes said.
Berrones was first deported in 2006 at the age of 19 when he was caught driving with a fake license.
Berrones chose not to show up at to his ICE appointment for deportation Monday.
Instead, Berrones took sanctuary at the Shadow Rock United Church of Christ in Phoenix. Their five-year-old son Jayden was diagnosed with leukemia in 2016 and is in the middle of a three-year chemotherapy course. "The only response we were getting was no comment", he said. Meanwhile, Berrones and his family are inside the church, praying for help.
ICE encountered him again in February 2016. Although Wilkes filed another request for Berrones to stay, the request was rejected by ICE. The church is one of hundreds of congregations nationwide that have welcomed immigrants facing deportation to until they are no longer under threat.
Lemon asked Wilkes why Berrones was not elgible for the Deferred Action for Childhood Arrivals (DACA) program, which provided undocumented immigrants who were brought to the USA as children protection from deportation.
According to the Associated Press, Berrones, 30, was brought to the U.S.as a toddler, and reports say he is now granted permission to stay in the USA, for another year. "This man crossed the desert I think twice, put his life at risk in order to be a father and to take care of his family".
Who says the Trump administration has no heart? He was sentenced to 90 days in federal prison on a criminal misdemeanor charge, ICE officials said.
Sonia Berrones, five months pregnant, now worries about finding a job to make ends meet.
On Monday afternoon, FOX 10 Phoenix has learned that Berrones, who was supposed to turn himself in to ICE officials at 9:00 a.m., has been granted a stay by that agency. In June of that year, ICE granted him a one-year stay of removal.
The program requires him to do regular check-ins at the local ICE office.
"My wife can not give him the pills because she's pregnant", Berrones said.