“I’m done running. I’m exhausted. I don’t want that life (of an undocumented) anymore.” This is the outburst of Jose Antonio Vargas in his lengthy confession entitled ‘Life as an Undocumented Immigrant” published with the New York Times on June 22, 2011.
Pulitzer prize winner Jose Vargas admitted in his article that he is an undocumented immigrant since he was 12 years old. After 18 years, he courageously admitted not only his real status as an undocumented but also how he entered the US and engaged in varying fraudulent schemes.
Jose committed the following fraud and misrepresentations. First, a “cayote” smuggled him into the United States using a passport and a visa, which did not belong to him. His mother introduced him to a man who he addressed as “uncle” and who accompanied him to the United States. Upon arrival in the United States, his uncle disappeared with his passport. His grandparents who are both US citizens took physical custody of him.
Second, as Jose was growing up he used a fraudulent “green card” as proof of his immigration status.
Third, Jose used a fake student visa stamped on his Philippine passport, which he used to obtain a genuine social security number.
Fourth, Jose claimed US citizenship on his applications for employment.
Not an Ordinary Undocumented Youth
While varying schemes were used, Jose should not be held accountable for the errors of judgment of his mother and grandfather. As a child, he was an innocent victim of the fraud. He never had any participation in the decision to come to the U.S. as an undocumented. What happened to Jose remains true to tens of thousands of minors who are taken to the U.S. by parents who decide to stay in the U.S. even after their authorized stay expires. These are parents who either never bother to take steps to legalize the status of their children or simply have no legal options to legalize.
To provide for a better future for the children is oftentimes the parents’ reason for their decision to take their children to the U.S. and allow their visas to expire. But the reverse happens to most of these children when they finish their education.
Usually, the harsh reality of being a “TNT” (Tago ng Tago, undocumented) manifests before they graduate from high school. When they begin their path to independence, they usually obtain driver licenses. This is what happened to Jose. At age 16, he went to the Department of Motor Vehicles to obtain a license just to be told that he possesses a fake green card. As an intelligent child, Jose initially was concerned but did not stop him from achieving his dream.
With his strong determination to succeed coupled with the support of his family and network of friends, he was able to finish college at the San Francisco State University. He was able to intern and be employed as a reporter for major news publications like the San Francisco Chronicle, Washington Post and Harrington Post. And to top it all, he was also part of the team that received a Pulitzer Prize making him the second Filipino next to Carlos P. Romulo to receive this prestigious award.
After four years in the US, Jose became cognizant of his undocumented status and his subsequent misrepresentations. But Jose was never himself. He was conflicted as he revealed in his confession – “I knew what I was doing now. I knew it wasn’t right. But what was I supposed to do?”
Jose expresses clearly what he wanted to impart, “ I learned that no amount of professional success would solve my problems or ease the sense of loss and displacement I felt.” Jose and the thousands of undocumented students whose decision to come to the United States was not their own are facing personal dilemmas. They try hard to be part of the mainstream U.S., acting like they are true Americans, devoting their time and energy to education and their professions. In the end, they are still going to be sent back to their true homeland after a removal or the court renders a deportation order.
Should Jose Be Deported?
The facts are clear that Jose is in violation of immigration law and probably criminal law. If his what he said in his confession are true, there is no question that he is deportable under the law. However, he is entitled to due process and has a right to a hearing. He shall be provided an opportunity to present waivers and other relief that may be available to prevent him from being deported.
While there are approximately 11 million undocumented immigrants most of these individuals are not all detrimental to the United States. In fact, the undocumented youth and the generation of Jose are mostly brilliant and hardworking. They represent the educated workforce needed for the US to compete in a global economy. They are pursuing the American dream immersing themselves into a nation that unfortunately undervalues their worth.
Instead of penalizing individuals like Jose, the Obama Administration should make good his promise of a comprehensive immigration reform law which includes the DREAM Act (Development, Relief and Education for Alien Minors) that shall provide a pathway to citizenship to undocumented youth .
Jose Vargas is a courageous man. It did not matter anymore to him that he is a Pulitzer Prize winner and a very successful journalist. He is remorseful and ready for the consequences of his actions. Having publicly revealed his story, he did not wish solely to attain legalization for himself. Jose in his confession gave a human story and a voice to tens of thousands of undocumented youth who all deserve a second chance. He should not be deported.
(Tancinco may be reached at law@tancinco.com or at 02 887 7177 or 02 721 1962)
