Mistake costs illegal immigrant dishwasher $59,000

[mRx 16]

MIAMI, Florida (CNN) -- For 11 years, Pedro Zapeta, an illegal immigrant from Guatemala, lived his version of the American dream in Stuart, Florida: washing dishes and living frugally to bring money back to his home country.

Pedro Zapeta, an illegal immigrant, managed to save $59,000 while working as a dishwasher for 11 years.

Two years ago, Zapeta was ready to return to Guatemala, so he carried a duffel bag filled with $59,000 -- all the cash he had scrimped and saved over the years -- to the Fort Lauderdale-Hollywood International Airport.

But when Zapeta tried to go through airport security, an officer spotted the money in the bag and called U.S. customs officials.

"They asked me how much money I had," Zapeta recalled, speaking to CNN in Spanish.

He told the customs officials $59,000. At that point, U.S. customs seized his money, setting off a two-year struggle for Zapeta to get it back.

Zapeta, who speaks no English, said he didn't know he was running afoul of U.S. law by failing to declare he was carrying more than $10,000 with him. Anyone entering or leaving the country with more than $10,000 has to fill out a one-page form declaring the money to U.S. customs.

Officials initially accused Zapeta of being a courier for the drug trade, but they dropped the allegation once he produced pay stubs from restaurants where he had worked. Zapeta earned $5.50 an hour at most of the places where he washed dishes. When he learned to do more, he got a 25-cent raise.

After customs officials seized the money, they turned Zapeta over to the Immigration and Naturalization Service. The INS released him but began deportation proceedings. For two years, Zapeta has had two attorneys working pro bono: one on his immigration case, the other trying to get his money back.

"They are treating me like a criminal when all I am is a working man," he said.

Zapeta's story became public last year on CNN and in The Palm Beach Post newspaper, prompting well-wishers to give him nearly $10,000 -- money that now sits in a trust.

Robert Gershman, one of Zapeta's attorneys, said federal prosecutors later offered his client a deal: He could take $10,000 of the original cash seized, plus $9,000 in donations as long as he didn't talk publicly and left the country immediately.

Zapeta said, "No." He wanted all his money. He'd earned it, he said.

Now, according to Gershman, the Internal Revenue Service wants access to the donated cash to cover taxes on the donations and on the money Zapeta made as a dishwasher. Zapeta admits he never paid taxes.

CNN contacted the U.S. Attorneys office in Miami, U.S. Customs and the IRS about Zapeta's case. They all declined to comment.

Marisol Zequeira, an immigration lawyer, said illegal immigrants such as Zapeta have few options when dealing with the U.S. government.

"When you are poor, uneducated and illegal, your avenues are cut," he said.

On Wednesday, Zapeta went to immigration court and got more bad news. The judge gave the dishwasher until the end of January to leave the country on his own. He's unlikely to see a penny of his money.

"I am desperate," Zapeta said. "I no longer feel good about this country."

Zapeta said his goal in coming to the United States was to make enough money to buy land in his mountain village and build a home for his mother and sisters. He sent no money back to Guatemala over the years, he said, and planned to bring it all home at once.

At Wednesday's hearing, Zapeta was given official status in the United States -- voluntary departure -- and a signed order from a judge. For the first time, he can work legally in the U.S.

By the end of January, Zapeta may be able to earn enough money to pay for a one-way ticket home so the U.S. government, which seized his $59,000, doesn't have to do so

http://www.cnn.com/2007/US/09/27/immigrant...ref=mpstoryview

[one...two...tree 2,762]

Poor guy.

[William33 110]

Hmmmm, illegal earnings by an illegal alien. I say tax the 59K and bounce him with the balance. He did, afterall, earn it.

[Nagishkaw 510]

"They are treating me like a criminal when all I am is a working man," he said.

He lived here illegally for 11 years. That is not criminal ???

[Krikit 1,164]

What a sad story. In every respect.

[LaL 418]

"They are treating me like a criminal when all I am is a working man," he said.

He lived here illegally for 11 years. That is not criminal ???

no, that, in itself is a civil offense.

[Nagishkaw 510]

riiiiight

[William33 110]

He was/is illegal.

Would it be fair to give him the "taxed balance" of the work he did, and ban US entry for life, no waiver available?

Any further entries would result in prison?

That would be fair.

[Dan J 277]

He was/is illegal.

Would it be fair to give him the "taxed balance" of the work he did, and ban US entry for life, no waiver available?

Any further entries would result in prison?

That would be fair.

If he is getting pay stubs, what he earned was likely already taxed.

[peejay 327]

"They are treating me like a criminal when all I am is a working man," he said.

He lived here illegally for 11 years. That is not criminal ???

no, that, in itself is a civil offense.

La-dee-dah! And what is tax evasion, identity theft, fraud, using counterfeit documents, and all the other minor infractions that these misaligned illegal aliens manage commit in addition to the civil offense of illegal entry?

Voluntary departure for poor old Pedro? Only in Miami! His azz should be in an ICE detention center until he gets deported. Then he can try to get his confiscated $59,000 of ill gotten loot from Uncle Sam from Guatamala.

It's about time these folks get made an example of instead of being catered to. No wonder we have a festering and exploding illegal immigration problem.

What we sow is what we reap. And this stupid way of dealing with illegal immigration is reaping more and more of the same old sh*t.

[Nikita2Charles 32]

Remember the Pilgrim and all those folks from Europe who came to the us and took this land from the Native american, at one point or another we were all ILLEGAL ALIEN, but we kill the indians the few left we put them on the worst part of the country under so call name (Reservation) most money comes from Gambling CASINO. So this guy came here in the search of a better life, just like those white folks who came here centuries ago, IF his money is not already been taxed, Tax the money and give him his due share, this is his hard working, long hours sweat, He didn't steal, or robbed people to get that money as such he's entitle to what is His.

[William33 110]

Touché Peejay, I agree in part.

However, having personally lived in and seen "poor individuals” from many countries, one should not be that "hard-line". Well, if you have any empathy…..

Severe Penalties imposed for illegal presence, yes. Gestapo like expulsion and persecution, I think not.

Given this case: Tax heavily, Ban and expel permanently. That is a fair solution.

[Addie_Goodvibes 0]

Hmmmm, illegal earnings by an illegal alien. I say tax the 59K and bounce him with the balance. He did, afterall, earn it.

They treated him like a criminal Because HE IS a criminal

illegal earnings made by an illegal criminal, he got what was coming to him

Hopfeully ISCIS will Deport his illegal ### and tax the hell out of his illegal earnings, and fine him for every year he was in USA illegally

then he can take whats left of his money and most likely by then it will be under 10K so he will be ok with customes while being deported

[Nagishkaw 510]

Remember the Pilgrim and all those folks from Europe who came to the us and took this land from the Native american, at one point or another we were all ILLEGAL ALIEN, but we kill the indians the few left we put them on the worst part of the country under so call name (Reservation) most money comes from Gambling CASINO. So this guy came here in the search of a better life, just like those white folks who came here centuries ago, IF his money is not already been taxed, Tax the money and give him his due share, this is his hard working, long hours sweat, He didn't steal, or robbed people to get that money as such he's entitle to what is His.

Really, in all fairness, do not lump this illegal in the same sentence as the First Nation People.

[Hilarious Clinton 452]

"They are treating me like a criminal when all I am is a working man," he said.

He lived here illegally for 11 years. That is not criminal ???

and tax evasion