“No human is illegal”. This has been the battle cry of advocates for undocumented immigrants for years. Are we now seeing a shift in the way the country describes unauthorized individuals living in the United States enough for us to expect a greater understanding of their plight and hope for a marked change in legislative policy?
Ruben entered the United States in 2002 as a B2 visa holder. He used the B2 visa many times before his last entry in 2002. After six months of authorized stay, Ruben married Jessica, a U.S. citizen. Jessica filed a petition for Ruben but after two months, Jessica withdrew the petition. Ruben fell out of status and decided to stay in the United States. From 2003 to the present, Ruben held only one job, as a caregiver for an elderly patient. His employer wants to petition him but his employer was told that Ruben will not be qualified to adjust his status to an immigrant visa holder since he is not 245i eligible. Ruben pays taxes every year and has no criminal record. He heard about the immigration reform that is being proposed, he asked if he is qualified to apply for “legalization”.
Ruben is just one of the many individuals who are looking forward to a legalization of their status. He is but one of the many, many undocumented individuals who for so long have been pejoratively referred to as “illegals”.
In the coming months, the U.S. Congress is expected to enact a Comprehensive Immigration Reform law. Aside from fixing the current broken immigration system, 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 11 million undocumented immigrants remained steady since 2010, 3/5 of which are made up of Mexican nationals, while the rest are from different countries mostly from Central America and the Philippines.
The U.S. Bureau of Census counted 2.5 million Filipinos residing in the United States, the third largest Asian group with the highest number of naturalized U.S. citizens and the fourth largest in green card applicants. Considering the nature of their status, the number of undocumented Filipinos is not specifically determined. Despite it being an “unknown” number, the profiles of Filipinos who were born in the Philippines and are without status in the United States are identifiable. Let us describe a few of these profiles.
Overstayers, DREAMERs, Victims of Circumstance
Unlike nationals of the border countries, most of the Filipinos who immigrate in the US are holders of valid non-immigration visas. Instead of departing before their authorized stay expires, the “overstayers” decide to violate their status and reside without lawful documents.
Some Filipino immigrants are petitioned by U.S. citizen spouses or fiancés and enter on valid visas who, after a short period of living together, contend with problems in the relationship affecting 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 United States. Her husband became really abusive and she 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 hoping for an opportunity to legalize.
Aside from victims of domestic violence, there are also who lost their status because of the abuses of their recruiters or agencies.
Of course, we also know of the young undocumented immigrants who were brought to the United States by their parents who remain out of status. The temporary deferred action for childhood arrivals or the 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.
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 immigrants who lost their status from a perspective that is humane, just, sensible and compassionate.
It is easy to demagogue the undocumented immigrant, particularly in a slow economy. It is easy to scapegoat him as a source of the country’s ills, the cause of stark wages, the reason for rising unemployment. 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 United States.
Most of the undocumented immigrants we profiled are highly educated, easily assimilated, 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 immigrant is not “illegal”. He and countless others contribute to this nation’s growth, he is critical to the overall economy and is woven in the fabric of this country’s very soul.
(Atty. Lourdes Tancinco may be reached at law@tancinco.com or at 887 7177 or 721 1963 or visit her website at tancinco.weareph.com/old)
