An undocumented Mexican living in South Carolina is fighting his deportation, with the support of Luis Gutierrez a Democrat from the U.S. House of Representatives. The case could put validity to the new discretionary policy on deportation. Gabino Sanchez’s fate will be decided on Tuesday in immigration court in Charlotte, North Carolina.

The case for Gutierrez will prove whether the ICE memorandum mandating priority for deporting undocumented criminals has any weight. Sanchez, says the Congressman, should not be sent home, he is an immigrant who should stay.

Gutierrez said if the White House administration was serious about the new policy of discretion, it should end this case in favor of the immigrant. At the age of 14, Sanchez arrived in the U.S. He lives in South Carolina working in construction and gardening. He is married and has two children.

Last November he was stopped by police for speeding. Since he is undocumented, does not have a valid driver’s license, and has fines from the past for driving without a license, the police turned him over to immigration officials.

ICE issued a new policy last summer in a memorandum and if those new guidelines are applied in this case, then Sanchez, who does not have any criminal record, and has two children who are U.S. citizens, should not be in line for deportation.

Gutierrez plans to be with Sanchez at the hearing, as he was for the two previous ones, as he wants to make sure ICE complies with the memo that was issued by its director John Morton last summer.