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Undocumented parents sweat out debate on immigration reform

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t1larg.justin.immig.girls.cnn1Tough new state immigration laws are striking fear in the hearts of illegal immigrants with American-born children.

 

"I worry about my children," says one father of two young kids in Carrollton, Georgia. He didn't want to give his name, because he has no legal right to reside in the United States. "My kids were born here. What will happen with them? We don't know, and that's the fear we have."

Georgia, like Alabama, Arizona and Utah, recently passed a tough immigration law.

The longer Congress waits to deal with immigration reform, the louder states seem to scream for action. According to the National Conference of Legislatures, an all-time high of 1,538 bills dealing with immigrants and refugees have been introduced in state legislatures this year alone. These measures include things like employment verification requirements for businesses and restrictions on public health services and college access for illegal immigrants. But the most worrisome for many parents are those giving local law enforcement more power to do federal immigration checks.

"Don't worry!" is a message Atlanta immigration lawyer Charles Kuck gives his clients all day long. He's one of those challenging the Georgia law's constitutionality in federal court.

"These laws are bad, and they're going to have a tremendous effect on the community. But for now we say, 'Calm down.' This law is meant to silence people, and we have to at this time not be silenced. We have to be vocal and not shut up."

But for parents who fear separation from their American children, it's easier said than done. About 2.5 million families in the U.S. have undocumented immigrant parents and American-born children, according to the Pew Hispanic Center's Jeff Passel.

"I'm planning to move to Miami, where I have some family," says one undocumented mother of three who lives in Georgia. "But they tell me that the law is also being considered there."

State lawmakers acknowledge many of these bills are meant to send a message to Washington.

"This problem is never going to be solved completely until the federal government deals with it," says Georgia Republican State Rep. Matt Ramsey, author of the Georgia immigration bill.

So far, Washington has shown little reaction to states' enacting immigration bills. "The drive for comprehensive immigration reform has shown unsuccessful," House Majority Leader Eric Cantor, R-Virginia, told the Atlanta Press Club on May 20.

Two weeks earlier, Homeland Security Secretary Janet Napolitano told the club only that that she didn't like a patchwork of states taking on immigration reform.

As federal immigration reform languishes, undocumented immigrant parents of American children gain time. If they can avoid deportation until their firstborn turns 21, that child can apply for his or her parent's legal status.

Last Updated (Tuesday, 14 June 2011 15:37)

 

Ga. college student a reluctant immigration symbol

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ATLANTA – Jessica Colotl has always tried to keep a low profile — obeying the speed limit, making sure her car's lights work properly — knowing that a brush with law enforcement could lead to her deportation and cost her a college diploma.

After a few close calls, her fears were realized last spring, when she was stopped for a minor traffic violation, charged with driving without a license and turned over to immigration authorities. She spent 37 days in a detention center in Alabama before authorities let her out and said they would give her a year to finish her studies at Kennesaw State University.

Before her arrest, Colotl had revealed her immigration status only to her closest friends. In the five weeks she was held last spring, her sorority sisters marched to have her freed, her case went viral and she was thrust into the national spotlight.

She emerged a reluctant symbol, seized upon by both sides of the debate over illegal immigration.

"It was a very beautiful and scary case at the same time," said Georgina Perez, who was brought to the U.S. illegally as a young child, as was Colotl. "When they let her go, we were all so happy. But then when I saw how the anti-immigrant people went after her, I became scared."

Advocates for tighter restrictions on illegal immigrants argued in letters to the editor and complaints to the Georgia university system that illegal immigrants like Colotl shouldn't be allowed to attend state schools and should be deported.

"I think it's grossly unfair to the real immigrants who have followed the rules to come here legally," said D.A. King, founder of the Dustin Inman Society, which advocates stricter enforcement of immigration laws.

Through it all, the soft-spoken Colotl has been left wondering, "Why me?"

"I don't like it at all," she said of the intense scrutiny she's endured. "I've never liked to be the center of attention, especially for a controversial issue."

Colotl, 22, is among hundreds of thousands of young people who have been brought into the U.S. illegally by their parents. Many hold out hope that Congress will eventually provide a path to legalization for certain illegal immigrants brought here as children. A group of U.S. senators on Wednesday reintroduced the DREAM Act, which would do just that. Similar legislation has failed in Congress several times before, most recently in December.

Groups of illegal immigrant students around the country have staged high-profile actions over the past year to draw attention to their plight and urge lawmakers to act. Last month, Perez was one of seven illegal immigrant youths who demanded greater access to higher education by sitting down in an Atlanta street blocking traffic until police arrested them.

Unlike the students who have revealed their illegal status voluntarily, Colotl didn't choose to go public. She supports their actions, she said, but has been too busy with school and her sorority to participate.

"I know a lot of people in the community sometimes wish she would come out more, but it's completely understandable with everything she's been through that she doesn't want to," Perez said.

 

Veteran struggles to bring Thai wife legally

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FOUNTAIN VALLEY – Wade Grant knew it wouldn't be easy.

lis1w1-b78773119z.120110328095756000g05u6t3e.11The 45-year-old Fountain Valley man figured there would be something of a delay in getting his Thai wife an immigrant visa.

Still – pretty certain that Kampong Pinongram and their U.S.-born son would join him in time for the holidays – he bought a Christmas tree and wrapped gifts for both of his loves. Three months later, Grant still waits while the presents under his Christmas tree collect dust.

Some might think Grant, a quick-witted U.S. citizen who served his country as a Marine and is now a disabled veteran, might have the odds stacked in his favor. Instead, the born-and-bred Orange County resident has been forced to navigate through an immigration bureaucracy governed by a law as complicated as the tax code. Exasperated with his ordeal, he's taken to the Internet to detail his experience.

He insists on bringing his 28-year-old wife to the U.S. legally by petitioning the government.

"I want to do it the right way," Grant said.

But what was supposed take a few months has become an ordeal of more than a year that's shaken his trust in the immigration system and tested his convictions. At one point, he was even tempted to bring his wife illegally.

Grant said he is only certain of one thing.

"The system is broken," he said. "And ... trying to get someone to listen to you when you know it's broken? It's disheartening. Most people don't know what you have to go through ... the hardship and suffering, I've had to go through to legally get my family here."

U.S. Citizenship and Immigration Services spokeswoman Mariana Gitomer said the agency cannot comment on specific cases.

"All I can tell you is that we are aware of this case and are looking into it," she said in a written statement.

LOVE AND MARRIAGE

Grant met his wife in 2006 while he was working in electronics calibration in Chon Buri in Thailand. A first encounter turned to love and the couple became engaged a year later. Grant brought his wife to the U.S. on a fiancée visa and married her in August 2008 in Laguna Hills.

That's about the time the economy took a nose dive. Soon, Grant was laid off from three different jobs and moved across the country for work. At the same time he and Pinongram had a son, named T.J.

Grant's precarious financial situation made him ineligible to file for adjustment to her legal status because he wouldn't meet the income requirements.

Then Pinongram's mother in Thailand became very sick. That's when the couple reached a turning point.

Pinongram, who feared her mother would die before meeting her new grandson, knew leaving the United States would be risky because she hadn't yet received legal residency. Grant knew he'd have to petition for her to return legally from abroad again once she left, but said he couldn't deny his wife's desire for their son to meet his grandmother – possibly for the last time.

A VISA JOURNEY

About a year ago, Pinongram left for Thailand. That's when the nightmare started, Grant said.

As soon as he was able to find a steady job in June, he petitioned for his wife to get another visa. After a minor technicality, Grant received a text and email in late August from U.S. Citizenship and Immigration Services, stating that his petition had been accepted and forwarded to the California Service Center for processing.

However, in September, T.J. got sick. A Thai doctor diagnosed him with bronchitis – a condition that likely stems from a bout with pneumonia when the boy was younger, Grant said.

T.J.'s health problems have since deteriorated. While Pinongram takes her son to a rural hospital, about 45 minutes from her village, Grant believes T.J. needs better medical care in the United States.

Grant said he considered bringing his son back to the U.S. to live with him. But that would present a host of new problems, he explained. Grant works full-time and can't afford child care, he said. This means he would have to work less or quit his job to take care of his child. The Catch-22 is that he would then become ineligible to petition for his wife because he'd fail to meet the income requirements to do so.

In addition, the boy doesn't speak English and is very much attached to his mother, having spent very little time with his father.

Instead, Grant asked U.S. Immigration and Citizenship Services to expedite his wife's visa, which required travel to Thailand. There he gathered T.J.'s medical information – translating multiple documents from Thai to English at $25 a page – to complete the application for an expedited request.

Overwhelmed with petitions, USCIS officials told Grant that the agency had transferred his case from California to the Texas Service Center to expedite it. However, back-and-forth correspondence between Grant and various agents show inconsistencies. While one agent told him they'd received his case, other agents told him they hadn't.

Even though Wade had a reference number showing the agency had gotten the case, agents on the phone told him there was no record of it in their system, he said. At the same time, USCIS sent him a letter stating that his case had been approved.

While he attempted to clear the matter, Grant said he got nowhere with the agency.

"It was a mess," Grant said.

A veteran who became disabled when he was diagnosed with Crohn's Disease in the military, Grant's illness worsened with the stress.

 

Deportation divides Orange County family

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As Martha Morales stood before the altar at the Cathedral of Our Lady of Guadalupe in Tijuana her thoughts were focused on one thing – her children.

"Make sure that they have everything they need," she prayed. "Make sure that nothing happens to them because they are going to be all alone."

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That was May 8, 2008.

A day earlier, Martha had been separated from her six children – then ages 1 to 23 – when she was taken into custody by Immigration and Customs Enforcement. At 6 a.m., at the family's Orange County home, she was handcuffed and taken to the ICE facility in Santa Ana.

Her husband, Juan Manuel, a welder, was already at work, but he was also ordered to appear at the facility. By day's end, the couple – in the United States for 19 years – were deported to Tijuana. They left behind their six children, three undocumented and three U.S. citizens, on their own.

Increasingly, as more undocumented parents are deported, such separations are becoming common, leaving families with a painful decision – leave U.S. citizen children behind, or pull them out of the only country they've ever known.

In the past decade, the number of U.S. citizens born to undocumented immigrants more than doubled, to 4.5 million, according to data released last month by the Pew Hispanic Center, a nonpartisan research organization.

In the same period, immigration officials have cracked down on the undocumented, more than doubling the number of deportations. In 2010, ICE statistics show that 392,862 undocumented immigrants were deported.

Naturally, the trend has become fodder in the immigration debate. Some politicians want to repeal the right to citizenship granted in the 14th Amendment. Meanwhile, immigration activists and others are speaking out against such a move, calling it fundamentally un-American.

But behind closed doors, in the homes of families separated by legal deportations, the people paying the full price in this battle are children.

In January, I traveled with a news team from KCET's series "SOCAL Connected" to the border town of Tecate, Mexico. That's where Martha and Juan Manuel live, in a friend's home, with their youngest daughter, Aileen, now 4, a U.S. citizen. Their sons, Rodrigo, 16, and Rigoberto, 12, with the help of Rigoberto's godparents, drove down for a visit. The two-hour trip has become a ritual for the brothers, both U.S. citizens, on weekends and holidays.

The two-day visit felt more like two minutes, as the parents crammed in as much love as they could. Martha oohed and aahed over Rigoberto's artwork. She made the boys' favorite foods. She knew that, soon, her sons would be out of reach.

Martha crossed illegally into the United States in 1989. Juan Manuel had likewise entered the country illegally six months earlier. For the next 19 years, until the day they were deported, Juan Manuel worked steadily for the same boating company. Martha worked as a seamstress and, later, in a hotel laundry.
 
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