A Hypothetical 'Undocumented' Situation - What would You Do?

2008-07-03T23:57:30Z

I believe that it is paramount to see and understand an issue from another person's perspective before casting judgments about them. Unfortunately, the most extreme anti-immigrant activists and nativists simply treat "illegal immigrants" as a homogenous case with no, and I mean no, lee-way, variations or extenuating circurmstances. It is simply "tough luck" from their point of view. I wonder how much of it would be "tough luck" if one of them got ripped from their home, family and friends, and got accidentally deported.

You are a U.S. citizen, fall in love and marry an undocumented immigrant. There is no way of legalizing his status without returning to his country and a separation of up to ten years. You are both forced to move to Mexico instead of undergoing separation. Tough luck?

Your naturalization is derailed and you are detained by the ICE since you forgot to update your home address, making them charge you for a felony! You lose your legal permanent residency and are set for deportation. Tough luck?

You are twice denied citizenship and set for deportation since you failed to show up for fingerprints. Why? You are a quadriplegic on a ventilator. Tough luck?

You are six years old and an American citizen. Your father is apprehended and detained by the ICE in your presence and you do no get to hear from him for months. Tough luck?

Legally Here, Only to be Deported

2008-05-12T17:23:42Z

That is the story 89,683 legal permanent residents of the United States last year, who were denied naturalization and are now facing deportation proceedings.

The CIS is turning down more cases of naturalization than ever before since the 1996 law that increased scrutiny of citizenship applications. In some cases, the Board of Immigration Appeals (BIA) has had to step in and overturn CIS decisions. One notable case is the Matter of Lovo in 2005 where the BIA overturned several CIS decisions against family petitions that included a post-operative trans-sexual and her/his partner. And despite internal memos, transgender and overtly feminine or masculine applicants for citizenship continue to face harassment and inappropriate scrutiny from immigration officials.

Why is it so difficult to naturalize after gaining legal permanent residency? Well, the reason could be as small as forgetting to update your home address and be charged with a felony for ignoring a notice sent by immigration officials. And this "aggravated felony" (yes, unopened and returned mail to the CIS) precludes someone from gaining U.S. citizenship. And before you know it, you are being deported for not updating your home address. Or you could fail to show up at the INS for being fingerprinted since you are a quadriplegic as in the case of Marin Turcinovic who is now fighting deportation. More cases of former legal residents now fighting deportation can be read at the New York Times here.

legal permanent residents at Brave New Films

A Hypothetical 'Undocumented' Situation - What would You Do?

Legally Here, Only to be Deported