INQUIRER Global Nation

CALIFORNIA, United States—On December 23, Rob, a 20-year-old Filipino who entered the United States when he was five, will be appearing before an immigration court to face deportation charges. Two days before Christmas, he should be ready to present to the court a relief why he should not be deported.

A few years back, Rob was an honor student in a US high school. After graduation, he learned for the first time from his parents that he is an “undocumented alien.” He was told that his mother’s working visa expired and that her petitioner for immigrant visa suffered financial losses resulting in denial of their green card petitions.

Considering the pressure they experienced, Rob’s parents separated and filed for divorce. His mother later married a US citizen after Rob turned 18. A petition for immigrant visa was filed by this US citizen on behalf of Rob and his mother. Unfortunately, only the mother obtained the green card and Rob was left out because he was already 18 at the time his mother married his stepfather.

Last month, Rob received this Notice to Appear from the court. He shall be deported if he does not have a form of relief that will save him from deportation.

Should this child be deported?

Falling through the cracks

Many aspire to obtain a green card to live and work in the US. For fear that their children would be left behind without proper care, parents want their children to migrate too.

In the process of legalizing the parents’ stay, the children’s status is oftentimes compromised. In the case of Rob, his parents started initially as lawful residents with valid working visas. In the meantime, Rob continued with his education and even excelled in school. His parents never revealed to him their actual status until after graduation for fear that Rob may be affected adversely.

True enough, when he found out about it, Rob became frustrated and fell into depression since he could not get into a college of his choice to pursue his studies.

Obviously, Rob’s mother was a victim of the economic downturn. Her visa was denied because her petitioner closed his business. His situation is an unintended consequence of the unfortunate situation of his mother’s petitioner.

There are children in deportation proceedings which come as a “result” of negligence of some parents. Without thinking the long-term effect of an immigration application, there are those who file for frivolous applications for political asylum in the US. Unknown to these applicants, their applications are eventually denied and their cases are brought to immigration courts after many years. There are children of political asylum applicants who are now facing deportation because of denied applications of their parents.

Children who enter the US with visitor’s visa and who eventually fall out of status may also find themselves in deportation proceedings because their parents are simply indifferent to their plight. These parents believe that just because their children are getting the elementary and secondary education as undocumented, their status will eventually be fixed. These are the bench warmers who wait every year for a change in the law that will benefit the undocumented. Many are placed in immigration proceedings and eventually receive orders of deportation.

The decision to come to the US was never made by the “undocumented children.” They never had any participation in their parents’ decision. As innocent children, they do not deserve the punishment of deportation.

Unfair to children

Many children like Rob who grew up in the US have overcome the language barriers and adjusted well to the mainstream American society. They do not even remember how to speak the Filipino language.

When they face deportation, they find it difficult to raise defenses. More often than not, their immediate relatives are also undocumented who are also incapable of conferring immigration benefits to them.

For many years now, the DREAM (Development, Relief, and Education for Alien Minors) Act has been in Congress but never had the support of majority of the legislators. If passed into law, this legislation would amend the Immigration and Nationality Act to provide a pathway for these children to obtain their green cards. This DREAM Act proposes resident status for children who are of good moral character, have lived in the US for five years, and attended high school in the US. Until this bill is passed, thousands of children will be facing deportation.

Dreaming of a better future for the family includes making long-term plans to benefit the children as well. Time is very precious for children and they should be provided a chance to excel and succeed in life. It is not fair to see children in tragic deportation situations.