B.C. health-care worker and family win court battle to stay deportation back to Mexico

A family who fled Mexico to find refuge in British Columbia has had its deportation stayed by a federal court.

Health-care worker Claudia Zamorano and her family applied for permanent residency in Canada last year but were set to be deported back to Mexico on Dec. 19 after the Canada Border Services Agency issued a removal order.

"They can breathe a sigh of relief that deportation will not go ahead on that date, and they can celebrate Christmas together with their family and community here in Vancouver," said Omar Chu, a member of the migrant advocacy group Sanctuary Health.

According to Chu, the family's permanent residency application has not yet been processed, and the family had applied for a judicial review of the deportation order.

In a decision posted Wednesday, Justice Russel Zinn ordered that the removal order be stayed until the judicial review is complete. However, the family's status in Canada is still in limbo while it waits for its application to be processed.

"Now, hopefully [that] the deportation has been stayed, it gives more time for this decision that we think should already have been made to finally get done," said Chu. "We're still calling on the minister to ensure that their permanent residence decision gets decided in a positive way so that the family can stay here and have peace of mind permanently."

Zamorano, 27, came to B.C. with her husband, nine-year-old daughter, mother-in-law and brother-in-law.

The family fled Mexico almost five years ago following death threats from organized crime groups in the west coast city of Colima, and the family applied for permanent residency in Canada on humanitarian and compassionate grounds a year ago.

The family's imminent deportation drew media attention because of Zamorano's job as a housekeeper in the COVID-19 ward at New Westminster's Royal Columbian Hospital.

Health Minister Adrian Dix publicly stated his support for the family to be allowed to stay in B.C. in October, saying that British Columbians have relied on workers like Zamorano throughout the pandemic.

"After years of helping keep B.C. families safe during their time of need, we owe it to the Zamorano family to keep them safe and strongly urge the federal government to suspend their deportation," said a statement from Dix's office at the time.

Not a unique situation, says advocate

The family has also tried to remain in Canada under a federal program for refugees providing direct patient care, but Zamorano did not qualify as a housekeeper.

However, Chu says despite the spotlight, Zamorano and her family are not unique.

"This family is one of many families across the country that are dealing with the same types of issues, the same stress, the same uncertainty of not knowing if they're going to be deported to a country where they fear death and persecution."

Chu, whose group fights to win access to services for all people based on need regardless of their immigration status, says Zamorano's case shouldn't only receive attention because of her job in the health-care sector.

"There's so much more than their jobs, and they are valued members of our community and our friends and people that have value to us so much beyond just what they do for work."

Sanctuary Health is participating in a Status for All rally in front of the CBSA office in downtown Vancouver on Sunday to advocate for caregivers' and domestic workers' rights.