High court may decide deportation case

? The U.S. Supreme Court may have the final word on whether an immigrant mother must leave her husband and son – both American citizens – and be deported next month to her native Mexico.

Now that the Senate has reached an agreement on immigration reforms, the plight of 31-year-old Myrna Dick could also become part of the contentious debate under way in Washington, her attorneys say.

The government first tried to deport Dick in 2004, charging she lied about her citizenship while crossing the U.S. border. She was pregnant at the time of the deportation order, and a federal judge allowed her to stay, saying her fetus essentially was already a U.S. citizen.

Since then, Dick’s attorneys have argued in several federal courts that she never claimed she was a U.S. citizen, but instead told officials she was attempting to enter the country illegally.

Next week, they will ask the U.S. Supreme Court to take up the case, and to stay a deportation order that would force her to leave her family by June 10.

“We’ve put the house on the market, I’ve requested all my medical records, and we’re taking carloads of our things over to the church,” said Dick, who has spent most of her life in the U.S. and now lives in the Kansas City suburb of Raymore. “But my husband and I are still hoping that somehow we can stay and fight the case here.”

She sees a fraction of hope in a proposal sponsored by Rep. Emanuel Cleaver, D-Mo. The draft bill could allow some illegal immigrants who are married to Americans and have children born in the U.S. to remain in this country.

The proposal would create a new legal step to require the government to review such cases while keeping the best interests of the children in mind.

“There are probably thousands of people in this situation across the country and little boys like Myrna’s son have rights,” said Danny Rotert, a spokesman for Cleaver. “We have an obligation to protect their rights as well.”

Cleaver may introduce the proposal as an amendment when the House-Senate conference committee meets to resolve the differences between the two immigration reform packages passed by Congress, Rotert said.

But unless the high court decides to stop her deportation order, Dick will likely need to return to her home state of Chihuahua, Mexico, while lawmakers wrangle over the contents of a massive immigration overhaul.