Last winter, Benjamin Nunez Marquez was preparing for his deportation out of the U.S. to his native country of Mexico. He was resigned to this fact – he had been preparing for this day ever since he was taken into custody by immigration enforcement in 2008.

“I have spent five years not knowing,” said Nunez with a shrug while he describes what he thought would be his final days on U.S. soil.

But just a few weeks before his deportation date, his employers Pete and Jack Helsell put on their best clothes and with Marquez and their lawyer headed for the U.S. Immigration and Customs Enforcement office in Tukwila, Wash.

“We love this guy. He is so valuable to our business and our family,” said Pete. “We’ll do whatever we have to do to keep him here.”

At the ICE office they turned in their application for a two year extension for Nunez. Months later they learned that they were able to extend Nunez’s stay of deportation for one more year – until April 29, 2014.

The Helsells said as far as they know there is nothing more they can do, but Pete said that won’t stop them from looking.

“We’re keeping our fingers crossed that Congress will enact immigration reform that will give him a path to citizenship,” said Pete, Jack’s nephew who is taking over the Helsells’ mill business, West Sound Lumber Company.

How it all started

Nunez, as he is called by locals, was one of eight people taken into custody for possible immigration violations five years ago after border patrol agents began questioning ferry riders arriving from the San Juans about their citizenship during “spot checks” at the Anacortes ferry terminal. Nunez was driving a sick, elderly woman who was afraid to fly to a medical facility.

The incident caused an uproar in the island communities and attracted attention from regional and national media. San Juan County Councilman Howie Rosenfeld was interviewed at the time by National Public Radio and conceded that the U.S. Border Patrol had the authority to conduct its inspections but wondered whether race may have been a factor as those taken into custody were Mexican.

Meanwhile, Nunez’s employers, Jack and Jan Helsell hired lawyers and applied for a year-long extension on the deportation so that they could find someone to fill his position at the mill.

But the Helsells have yet to find a replacement.

“He’s an important part of the business – we would be struggling to exist without him,” Pete told the Sounder last year.

Life on Orcas

Nunez left Mexico in 1998 and soon found work at the sawmill on Orcas. He was 22 years old and spoke no English when he started. At the mill, he initially started work as a helper to the main operator. When the other man departed in 2002, Jack asked him if he wanted to be the chief sawyer and Nunez was hesitant – he didn’t want to make a mistake, he recalled. Now Pete says that is exactly how he would feel if Nunez left.

“There is an art form in the way he works that has taken time to develop,” Pete said this fall as he, Jack, Jan and Nunez gathered for this interview in the Helsell living room.

Nunez is now 37 and works as the sawyer, heavy equipment operator, mechanic, and delivery truck driver. He also manages lumber inventory, oversees the sawmill yard, cuts and delivers logs to the mill and produces cords of firewood.

“If I ask him to do something, no matter how difficult it is, he always says, ‘I can do it,’ and then does it,” said Jack.

Over the years Nunez has learned to read and write in English and learned the trade. Pete describes him as an excellent worker, great with people and a good representation in the community of their business and their family.

“A family like this would be hard to find,” said Nunez. “The way they have treated me … it has made me stronger.”

The future

Now Nunez and the Helsells wait.

Jan listens to the news every day hoping immigration laws will come to the forefront of the daily broadcast. Their last hope is that locals might communicate with legislators about Nunez and the larger problems of immigration in the country.

“Will writing one letter help, will writing 10 letters help?” asked Pete. “I don’t know, but it’s better than nothing.”

The Helsells’ attorney Erin Cipolla, associate attorney at Gibbs Houston Pauw in Seattle, said the next step is to ask immigration for another “temporary stay of removal.”

According to a memo sent out in June of 2011, Immigration and Customs Enforcement Director Jon Morton released some specifics pertaining to  prosecutorial discretion, which basically refers to what officers will use when deciding whether to extend another year for Nunez.

The memo listed family ties like whether the person has a U.S. citizen or permanent resident spouse, child, or parent; the person’s criminal history, including arrests, prior convictions, or outstanding arrest warrants; and the person’s immigration history or if they are a public safety concern.

Cipolla said Nunez doesn’t have any points against him on the memo, but he doesn’t exactly have boosting points for him like being married to a U.S. citizen or having children born in the country.

Despite the fact that Nunez could be deported in the next five months, he is grateful to the Helsells and the people of Orcas who have tried to help him stay in the U.S. But the attention has also been a weight on his shoulders. He feels guilty that so much labor has been done on his behalf.

“We don’t care if you don’t want us to help, we are going to do it anyway,” said Pete with a smile when this interviewer met with the family.

“I am very lucky,” said Nunez in response.

Quiet and unassuming, Nunez seems embarrassed and flattered all at once for the effort.

Last year when the Sounder ran a front page story about Nunez with a large photo, several people responded online with comments like, “I’ll marry you.”

When telling Nunez about these comments in the Helsells’ living room, he looked away and laughed.

“Nunez would never be the kind of person to get married for that reason,” said Pete.

Nunez is a man of few words and when asked what will he miss if he has to leave, he responded with “everything.”

When asked what he will miss specifically he said again, “everything, what more is there?” with a playful glint in his eye.

For the Helsells, Nunez’s departure will not only be a sad day, but will be a harsh reminder of a bigger picture.

“We are sympathetic to anyone who wants to improve their life, especially people who are excellent workers and excellent people,” said Pete. “Giving people a chance is a bigger issue than just one person.”

To help, islanders can write letters on Nunez’s behalf to Pete Helsell at PO Box 141, Orcas, WA 98280 or by email to Pete at nw_eagle@hotmail.com.