No human is illegal.
This has been the battle cry of advocates for undocumented immigrants for years. Can we now expect a greater understanding of their plight and marked change in legislative policy in the United States?
Ruben entered the United States in 2002 as a B2 visa holder. He used the B2 visa several times before his last entry in 2002. After six months of authorized stay, Ruben married Jessica, a US citizen. Jessica filed a petition for Ruben but after two months, Jessica withdrew the petition. Ruben fell out of status but decided to stay in the country. From 2003 to the present, Ruben held only one job as a caregiver for an elderly patient. His employer wants to petition him but was told that Ruben was not qualified for adjustment to immigrant status. Ruben pays taxes every year and has no criminal record. He has heard about the proposed immigration reform bill and wants to know if he would be qualified to apply for “legalization.”
Ruben is just one of the many individuals who are looking forward to legalization of their status. He is one of the many, many undocumented individuals who for so long have been pejoratively referred to as “illegals.”
In the coming months, the US Congress is expected to enact a Comprehensive Immigration Reform law. This law is expected to provide a pathway to citizenship for some 11 million undocumented immigrants. According to a study conducted by Pew Hispanic Center and the Department of Homeland Security, the number of undocumented immigrants remained steady since 2010. Three-fifths of of the undocumented immigrants are said to be Mexican nationals, while the rest are from different countries, mostly from Central America and the Philippines.
The US Bureau of Census estimated 2.5 million Filipinos residing in the US. They comprise the third largest Asian group with the highest number of naturalized US citizens and the fourth largest group of green card applicants. Considering the nature of their status, the exact number of undocumented Filipinos is not known. However, the profiles of Filipinos who were born in the Philippines and are without status in the US are identifiable.
Overstayers, DREAMers
Unlike nationals of the border countries, most of the Filipinos who immigrate to the US are holders of valid nonimmigration visas. Instead of departing before their authorized stay expires, the “overstayers” decide to violate their status and reside without lawful documents.
Some Filipinos are petitioned by US citizen spouses or fiancés and enter on valid visas. They live with their partners for a short period then report problems in the relationship which affect their immigration status.
The case of Maria, for instance, is a compelling example. Maria was petitioned as a fiancé. She has no other relative in the US. Her husband became really abusive and he withdrew the petition for Maria. As a result, Maria fell out of status. Without valid legal documents, Maria could not find a decent job. While eligible for a visa as a victim of domestic violence, she was unable to provide sufficient documentation to prove her case. Maria and those similarly situated are also hoping for an opportunity to legalize their stay.
Aside from victims of domestic violence, there are also those who lose their status because of the abuses of their recruiters or agencies.
We also know of the young undocumented immigrants who were brought to the US by their parents who remain out of status. The temporary deferred action for childhood arrivals (DACA) has limited applicability and does not cover all young undocumented immigrants. The DREAM Act is more comprehensive in scope and should be included in any proposed immigration reform. Youngsters covered by this act are referred to as “DREAMers.”
A broken system
For most individuals like Ruben, Maria and the DREAMERs, their plight as undocumented immigrants was a result of a broken immigration system. The current immigration law does not provide an opportunity for them to obtain legal status even if they possess the qualifications to become productive citizens. Hopefully, the immigration reform bill will address all these issues and look at the undocumented immigrants from a perspective that is humane, just, sensible and compassionate.
It is easy to denigrate undocumented immigrants, particularly in a slow economy. It is easy to use them as scapegoats, easy targets of blame for the country’s ills. This, of course, is not true. It is belied by statistics; it is belied by history, and decades upon decades of the immigrant experience in the US.
Most of the undocumented immigrants we profiled are highly educated, well motivated, tax-paying individuals, typically the head of their families or are committed to support family members in their homeland. Since they bring with them their skills and experience, the hope of most of them is to be able to land jobs that match their skills. Unfortunately, because they lack the legal documents to lawfully work, they end up taking odd jobs that drastically lessen their earning capacity and limit their potential. Whatever jobs they take, however, most of these undocumented immigrants are hardworking individuals who take pride in and give value to their work.
The undocumented immigrants are not “illegal.” They contribute to this nation’s growth, and are critical to the overall economy. They are woven in the fabric of this country’s very soul.
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Atty. Lourdes Tancinco may be reached at law@tancinco.com or at 8877177 or 7211963 or visit her website at www.tancinco.com