On an early Saturday morning, as we were anticipating passage of legislation for children of undocumented immigrants, I was disheartened by the news that the DREAM Act was short by 5 votes and failed passage in the US Senate. The DREAM Act (Development, Relief and Education of Alien Minors) was a proposed legislation to give legalization under certain conditions to children who arrived as minors in the US. The US Congress, despite the support of President Obama, again denied legalization for thousands of undocumented children. For us DREAM advocates, we were all frustrated by the outcome. But we surely cannot imagine how much harder it is for those who are personally affected by this failed legislation as their future is shattered once again.
Those without legal status are not the only ones suffering the effects of failed legislation that is needed to reform US immigration law. Glenn, a 10-year old student who was born in San Francisco is a US citizen and has no immigration concerns himself. He was sitting in our conference room, teary-eyed and staring blankly at me. I was not aware that he understood every word I was telling his parents during consultation. I was explaining in Tagalog the effects of denied petitions filed by US employers; and, the possibility of deportation/removal hearings. When I noticed that he was staring at me, I asked him what his wish from Santa Claus was. He cried and said that all he wishes for is for his Mom and Dad not to be separated from him. I readily sensed this child as experiencing severe anxiety. I wish he were not in the same room with the parents during the consultation. But the parents said that the child knows about their undocumented status because he always catches her mom crying. According to the mother, he wanted to hear what I had to say to them during consultation.
It is unfortunate that children are caught in the middle of their parents’ or relatives’ immigration dilemmas. Much as we all want our children to be isolated from a parent’s problems, the enforcement policy of the Obama administration makes it difficult to accomplish that.
Who is to Blame?
There are varying views on why the immigration reform bill never passed into law. Immigrant advocates blame the Republicans and the Tea Partiers for being too conservative in refusing to support an immigration bill. There are those among us who point the finger at President Obama for his weakness and failed leadership on immigration.
Despite having a Democratic majority in both houses of Congress, still the favored bills initiated by the Democrats did not get passed during the latest 111th Congress. When newly elected Republicans take control of the 112th Congress this January, the chances of an immigration bill being passed into law becomes even harder.
Nightmare to the Children
When 10-year-old Glenn said that his wish was for his parents not to be deported, we know that his main concern is “family unity”. He did not want to see his parents leave him. In reality, when the situation calls for it, Filipino parents hardly abandon their children and they make conscious decision to bring their children with them. It is the transition period when the children are separated from their parents in the event of an immigration arrest that is considered a nightmare to these families. There are definitely positive ways of preventing these types of situations. But the culture of fear among immigrants has been established by a decade of immigration enforcement. Instead of taking objective and proactive steps, there are those who prolong their agony and procrastinate.
Realistic Perspective
Despite the lack of movement on immigration legislation and the heightened enforcement of immigration laws, there is still hope that major changes will eventually come someday. I say that it is the prolonged recession that is the cause of these anti-immigrant sentiments. Eventually, soon we hope, the US economy will recover and there will once again be a shift in the priorities of Congress. As soon as the economy recovers to a sustainable economic growth, labor demand follows and immigration will once again be perceived as a solution rather than a problem. Instead of blaming the Republicans or the lack of leadership of the Obama, maybe a more viable approach is to work together to gain economic recovery. For this coming new year, here is a wish of prosperity for everyone.
(Tancinco may be reached at law@tancinco.com or at 887 7177 or 721 1963)
