Since October, Arturo Hernandez has sought sanctuary in the basement of a church of the First Unitarian Society of Denver, Colorado after fleeing a threat of deportation.

Immigration policy won't let agents enter a house of workshop to deport someone unless they have committed a serious crime.

At the time he sought sanctuary, Hernandez said, "I want the public to know about my case. There are so many families just like mine that have come here to work and look for a future for our children ... We are part of this country and not a threat."

When President Obama announced his executive action to reform immigration in November, Hernandez met the criteria. Originally from Mexico, he has been living and working in Colorado for 15 years. He's married, and his father-in-law is a citizen. His mother-in-law a resident alien, and he has two daughters of ages 9 and 15. And he has not been convicted of a crime, but he is threatened with deportation anyway.

"It's difficult, frustrating. I thought 'the program is here, I'm qualified,'" Hernandez told the AP.

Hernandez is facing deportation because of an incident when he worked at a construction firm in 2010. A co-worker complained he was assaulted; Hernandez was arrested but found innocent after a trial. By then, immigration authorities were notified he was in the country illegally under the Secure Communities program.

The controversial program relied on partnerships with federal, state and local law enforcement departments to consult a centralized database if they arrested someone who was undocumented. The person would then be detained for 48 hours while ICE issued a warrant. The Department of Homeland Security agency was using the system to deport those with criminal records, but many others were getting swept up in the program, leading to chaos for many families. The program was very unpopular with law enforcement, and many departments are now publicly rejecting the program as it leaves them exposed to lawsuits for unlawful detention.

Three Democratic members of Colorado's congressional delegation have asked immigration officials to hold off while Hernandez appeals his case. His wife and daughters flew to Washington on Tuesday with other immigrant families seeking shelter from deportation from ICE to ask for a reprieve.

"It's hard because we've always been together, but at this moment we're not together," said his wife, Ana Sauzameda.

First Unitarian Society of Denver's Rev. Mike Morran said the church circulated petitions calling for ICE to drop Hernandez's deportation and delivered them to the agency. The church's board of trustees will review Hernandez's sanctuary in three months if there are no developments.