THURSDAY, MARCH 15, 2012

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VIRGINIA

Trial of couple over kids tardies to resume in May

BY

E MMA B ROWN

TONI L. SANDYS/THE WASHINGTON POST

From left, Jorge Steven Acuna; his father, Jorge Acuna; and his mother, Blanca, attend a rally at Rockville Town Center. The Acunas came from Colombia in 2000. They were to be deported but gained a one-year reprieve. I For more photos from the rally, go to postlocal.com.

MARYLAND

Immigrant family released from custody

Student had widespread support while facing possible deportation
BY

P AMELA C ONSTABLE

Jorge Acuna, 44, was walking his dog early on March 8 when a government van pulled up outside his house in Germantown. His wife, Blanca, and son, Jorge Steven, a senior at Montgomery College, were inside asleep. Within minutes, all three members of the Acuna family immigrants from Colombia who had lived in the United States for more than a decade were under arrest and being transported to a federal detention center on the Eastern Shore to await deportation. I would not wish on anyone what we went through, Acuna, trembling and tearful, told supporters and journalists in Spanish at a rally in Rockville on Wednesday. I saw my own son manacled by the hands and feet, for no crime other than wanting to be in this country and study. The rally, planned by immigrant and student activists to protest the familys plight, turned into a celebration for Jorge Steven and his parents, who were unexpectedly released from federal custody late Tuesday and granted a one-year reprieve from deportation after a week of growing media and political attention to the case. Nicole Navas, a spokeswoman for the federal Immigration and Customs Enforcement agency, said immigration officials in Baltimore had decided to exercise spe-

cial discretion in the case, allowing the family to go home and Jorge Steven to finish out his final year in college. The Acunas came to the United States in 2000, fleeing from endemic violence in their native country, and applied for political asylum. Their petition was denied in 2005, appealed and denied again in 2006. Ever since, they have been living in Maryland with a pending deportation order bound to catch up with them. Although now free, they could still

This young man is a poster child, a role model for the potential of our youth.
Nancy Navarro, a member of the Montgomery County Council

be deported in the future. Surrounded by about 100 cheering supporters Wednesday, many of them young Hispanic immigrants like himself, Jorge Steven said he hoped his familys ordeal would draw attention to the plight of others in similar situations. There are many people who are hidden and voiceless, but who still have dreams, he said in Spanish. To the immigrant advocates and student groups that supported Acuna, the governments action Tuesday was a small but dramatic victory for two causes: halting deportations of longtime, otherwise law-abiding immigrants who are not in the country legally

and promoting Dream Act legislation that would allow talented students such as Jorge Steven to receive government tuition discounts, even if they do not have legal immigrant status. This young man is a poster child, a role model for the potential of our youth, Nancy Navarro (D-Eastern County), a member of the Montgomery County Council, said at the rally. All nine members of the council signed a letter to federal authorities last week, expressing concern about the Acuna family and asking the White House and Department of Homeland Security to intervene in this terrible situation. Rep. Chris Van Hollen (D-Md.) also expressed concern about the family, and on Wednesday he applauded their release, calling it a fair and humane decision. Supporters organized by the immigrant rights group Casa de Maryland also launched an online petition drive last week calling for Jorge Stevens release, gathering more than 4,000 signatures in several days. The young man, who came to the United States at age 8, was an honors graduate of Northwest High School in Germantown and is now a deans list student at Montgomery College who hopes to go to medical school. The activists said they hoped this case would increase public support for Dream Act legislation, which has been stalled at the state and national levels. In Maryland, a bill was passed by legislators last year, but then was suspended after opponents gathered more than 100,000 signatures for an unprecedented online petition against it. A statewide referendum will be held on the issue this

year. Jorge was the most dedicated and motivated student I ever met. Thats why I came here today to support him, said Daniel Esteban, a teacher at Roberto Clemente Middle School in Germantown, who taught him in 2005. A lawyer now representing the Acuna family, Enid Gonzalez Aleman, said she did not know the details of their asylum petition but that their original lawyer had mishandled the case. The family declined Wednesday to discuss their asylum claim. Colombia has long been wracked by violence from guerrilla insurgents, paramilitary groups and drug gangs.
constablep@washpost.com

A Loudoun County couple whose children have often been late to school went to court Wednesday to be tried for a crime they contend doesnt exist under Virginia law: too many tardies. Judge James B. Robeson heard only a fraction of the expected witness testimony before deciding that the trial could not be concluded in one session. It will resume in Loudouns juvenile and domestic relations court May 3. This seems like its going to go on a lot longer than I thought, Robeson said. The defendants are Amy and Mark Denicore, each charged with three Class 3 misdemeanors and facing fines of up to $3,000. Their three children were late to Waterford Elementary School about 30 times between September and mid-January, or about one in every three school days. Most of those tardies were for three minutes or less, according to school records. The case, widely covered in the media, has sparked debate about whether the school system is overreacting over a minor offense or rightly clamping down on a habit thats disruptive to teachers and other students. In court Wednesday, Robeson a retired Prince William County judge who agreed to hear the case after Loudouns own juvenile court judges recused themselves allowed prosecutors to introduce additional allegations against the Denicores. Now, the parents will not only have to answer for tardies from this school year but also for more than 30 tardies per child from the second semester of the 2010-11 school year and for absences from both years (about 13 for each child, including a five-day family vacation in October). The Denicores, who are both trained as lawyers, requested that the judge throw the case out. They argued that whatever ones view is of their parenting, the county has no authority under Virginia law to accuse them of a crime. Besides, they said, they have

solved the underlying problem their kids havent been late to school since the court intervened in late January. Weve reprioritized our childrens morning routines in order to achieve this understandable goal, said Mark Denicore, acting as attorney for himself and his wife. Weve taken these allegations seriously. The couple has been charged under the states compulsory education law, which says parents have to send their kids to school for the same number of days and hours per day as public schools are in session. The Denicores contend that this section of the code which makes no mention of absences or tardies is meant to ensure that parents enroll their kids. Its not meant to deal with truancy, they say and if it is, then its unconstitutionally vague. Is a parent committing a crime if their child is late to school one time, five times, 10 times, 20 times? It doesnt say, Mark Denicore said. Prosecutor Alejandra Amato urged the judge to look at the code holistically, arguing that its common plain meaning is clear: Kids need to be in school when school is in session. The judge said he would not decide whether to dismiss the case until hearing all the evidence, including testimony from about a half-dozen witnesses Waterford Elementarys principal, several teachers and attendance officer Lori Melcher. There was only enough time Wednesday to hear from Melcher. She said that before referring the Denicores to court, she sent two certified letters about the tardies and set up a meeting to discuss the problem. The Denicores refused to attend the meeting, she said. At the judges request, Melcher confirmed that the three Denicore children have not been late since Jan. 27, a few days before their parents were summoned to court. Theyve been doing extremely well, she said.
browne@washpost.com

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VIRGINIA

Ouster of Alexandria schools head sought

BY

P ATRICIA S ULLIVAN

Alexandria Vice Mayor Kerry Donley on Tuesday called for the resignation of Superintendent Morton Sherman as a result of the external audit that found the management of the school systems capital improvements budget was dysfunctional. Donley, who previously criticized the lack of basic financial and accounting controls in the school system, said again that he was disconcerted by the series of criticisms in the audit. In the end, it comes down to accountability and responsibility, Donley (D) said. It is my opinion and I am speaking mainly as a member of Alexandria City Council and within my capacity as a fiduciary steward of the citys taxpayers it is my opinion the superintendent should resign. Sherman, who has been super-

intendent since 2008, reports to the elected Alexandria School Board. His contract was renewed in September through June 30, 2015, at his current salary of $250,000 a year with a $40,000 tax-sheltered annuity. He has blamed the controversy on renegade, rogue employees and two higher-level managers who should have known what was going on. In a statement, Sherman said: I am sure that Mr. Donley is frustrated and angry about the CIP situation, but not nearly as frustrated and angry as I am. The facts are clear: As soon as I knew that there was a problem, I alerted the board and the board attorney, stopped what was going on in the facilities department, called for an independent audit, made personnel changes, and began to make changes in procedures and controls. The School Board, which will

meet March 22, said in a statement that it wants an independent compliance audit within 45 days. I was very disappointed that Mr. Donley chose to make his opinion public last night, School Board Chairman Sheryl Gorsuch said Wednesday. The School Board is taking the external CIP report very seriously. We, too, are concerned and, frankly, share some of the same questions the council asked last night. Donley said that what he finds troubling is that all weve heard since (the audit came out) is rogue employees, pointing blame and . . . weve stayed within our CIP. That kind of response that weve gotten is a mischaracterization of what is the true scope, and it doesnt get to the heart of the issue, and the heart of the issue for me is accountability and responsibility. A resignation is in order.
sullivanp@washpost.com

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