In 2011, the coming out of two Filipino nationals who are undocumented received public attention. Their disclosures created an impact on the current political debate on immigration. These are the stories of two “Joses”.
Jose 1
At the age of 12, Jose used a fraudulent traveling document to go to the United States. This was just the first step in his immigrant journey. Jose was able to attend U.S. schools and graduated on top of his class. He became a journalist, an extraordinarily talented one. He is a Pulitzer Prize winning reporter for the Washington Post.
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 the fact that he was an undocumented immigrant and instead made a decision to study and work hard. His belief then was that if he tried to work hard and achieve enough, he would be rewarded with a legal status or a pathway to U.S. citizenship.
Having been advised to keep a low profile like any undocumented immigrant, Jose instead went against the odds and took on political assignments that would expose him to the American public. In fact, he was given access to places where only citizens who had undergone strict security checks are permitted to go. Three years ago, he even covered and wrote news stories about the presidential campaigns and election.
On June 22, 2011, in an article he wrote for New York Times, he finally admitted that he is undocumented. In his own words he said that he is done running and is exhausted. He got tired of living a life of deceit and made a decision to advocate for the passage of a bill that will help individuals who are similarly situated. He still remains in the United States and the Department of Homeland Security has issued no deportation order on him yet.
Jose 2
The case of Jose 2 is distinct in many ways. He arrived in the United States when he was fifteen years old with his parents. He entered legally with a valid passport and a valid visitors visa. A few months after his entry, his parents filed an application for political asylum. Jose and his parents were able to obtain employment authorization to work in the United States. Jose attended U.S. schools and graduated with 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 eligibility requirements that would constitute “persecution.” Jose and his parents were put in proceedings. After the court rendered a decision denying their applications only his parents departed voluntarily for the Philippines. The young Jose was left in the United States.
Unlike the first story, this second Jose tried to keep a very low profile. His U.S. 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 to obtain his status in the United States. To make matters worse, his appealed case was dismissed and he was being ordered to depart last November 2011.
After staying under the radar for many years, Jose made his case publicly known through various press releases and television appearances. He sought the assistance of an organization that assisted him to advocate stopping his deportation and extensively used the social media. After an effective advocacy, lobbying elected public officials and widespread support from the immigrant community, the Department of Homeland Security extended his stay in the United States 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 United States and have promising careers. Every year, they pay their taxes. They are DREAMers, the children who were brought to the United States when they were young and whose decision to migrate was not their own. The DREAMers are those who are being penalized by law for decisions or mistakes made by their parents.
Unfortunately, current US immigration law does not have provisions that will allow them to continue to live in the United States. Unless the Development, Relief, Education for Alien Minors (DREAM) Act is pass into law, thousands of individuals who are similarly situated will also be facing 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)
