“I have incredible news to share with you,” Attorney Marilyn Orbach-Rosenberg said, delivering life-changing news to the Garcia family.

“Your Mom is now on the path to receiving her legalization in the United States.” 


What You Need To Know

  • Fermina Garcia is the primary caregiver for her American-citizen daughter who is paralyzed and bedridden

  • She faced deportation for going to the wrong courthouse for hearing

  • Attorney for Garcia filed motions to reopen the case but says, “There was no action, no movement. They were not responding to us at all"

  • After NY1 aired her story, her attorney says the Department of Homeland Security notified her they will not oppose reopening the case

“Oh my God, that’s great news,” daughter Dalia Garcia reacted.

“Honestly, I am left speechless. I am very happy. I’m still in shock,” said her mother Fermina Garcia in Spanish.

“She’s in shock. I’m in shock as well,” said Dalia.

NY1 introduced you to Dalia Garcia over Thanksgiving. She fractured her spine in a car accident two years ago. The 25-year-old is paralyzed and completely dependent upon her mother’s care.  

“She’s basically like my motor. Like, if I want to do something, she has to help me,” she told us in November.

But her mother, Fermina Garcia, lived in fear of immigration agents arresting her.

Garcia was 18 when she entered the U.S. from Mexico illegally. She was ordered to appear in federal immigration court, but she went to the wrong courthouse. So, she was given an order of deportation.

Her attorney filed an appeal, but President Trump rescinded an Obama-Biden policy of allowing immigration judges to consider family ties in the U.S. and “humanitarian factors" such as "a seriously ill relative" in deciding whether to deport certain undocumented immigrants.

“There was no action, no movement. They were not responding to us at all,” Orbach-Rosenberg said.

That is until NY1’s story aired. Garcia's attorney said the Department of Homeland Security notified her they will not oppose reopening the case.

“NY1, you guys are amazing and great and we’re so thankful that you were able to air this story," Orbach-Rosenberg said, "and we got justice for this family.”

“I give thanks to God and thank our lawyer who helped me. Most importantly, for my daughter, because she needs me the most," Garcia said in Spanish.

Dalia, an American citizen like her sister and father, knew if her mother was deported to Mexico, she would have to go with her because her father works full time.

“Everything would have just fallen apart and I was just so stressed and depressed about it," said Dalia, "I wouldn’t sleep. I wouldn’t eat. It's just very hard thinking, what if today’s the day they deport my mother.”

Now that’s not going to happen, her lawyer says, and with the government on their side, once this moves through the courts, a green card will likely be in Fermina Garcia’s future.

“I’m super thrilled, I’m so happy because without my mother I wouldn’t be able to function," Dalia said, "I’m just so happy. This is a like a great start to a new beginning.”