In 2011, the coming out of two undocumented Filipino migrants received public attention. Their disclosures have had an impact on the current political debate in the United States on immigration reform. These are the stories of two “Joses.”
Jose 1
At the age of 12, Jose used a fraudulent traveling document to enter the US. He was able to attend US schools and graduated on top of his class.
Jose was forced to live a life of lies and deceit after he discovered that he was “undocumented” at the age of 16. He concealed his immigration status and instead made a decision to study and work hard. He became a journalist and was part of the team of the Washington Post that won a Pulitzer Prize. His belief then was that if he achieved enough, he would be rewarded with a pathway to US citizenship.
On June 22, 2011, in an article he wrote for New York Times, he came out and admitted he was undocumented. He said that he was done running and was exhausted. He advocated the passage of a bill that would help individuals who are similarly situated. He still remains in the US Department of Homeland Security has issued no deportation order against him .
Jose 2
The case of Jose 2 is distinct in many ways. He arrived in the US with his parents when he was 15 years old. He entered with a valid visa. His parents filed an application for political asylum and were able to obtain employment authorization. Jose attended US schools and completed a bachelors degree. He was able to get a job as a “dental assistant.”
The family’s application for political asylum was eventually denied by the immigration service on the ground that his family had not met the requirements that would constitute “persecution.” His parents returned voluntarily for the Philippines. But young Jose stayed on in the US.
Unlike the first story, this second Jose tried to keep a very low profile. His US employer filed a petition for him to be able to get a visa and this petition was approved. But current immigration law still does not allow him legal status. His appeal was dismissed and he was ordered to leave last November 2011. After much lobbying from friends and supporters of immigration reform, the Department of Homeland Security extended his stay in the US for another year.
The DREAMers
The two Joses are the real life stories of Jose Antonio Vargas and Jose Librojo. They spent most of their growing years in the US and have promising careers. They are DREAMers, children who were brought to the US when they were young and whose decision to migrate were not their own. They are being penalized by law for decisions or mistakes made by their parents.
Unless the Development, Relief, Education for Alien Minors (DREAM) Act is passed into law, thousands of individuals who are similarly situated will face the same predicament.
This New Year, I remain hopeful that somehow a resolution to undocumented children will be adopted. The cases of the two Joses are stories of courage. Their coming out of the dark enlightens many of us about the realities being faced by young and talented individuals whose dreams are shattered because of a dysfunctional system. There is a glimmer of hope that this will change. Happy New Year to all!
(Tancinco may be reached at law@tancinco.com or at 887 7177 or 721 1963)