The New Faces of America

By Karlene Punancy and Edmund Cosentino

Real life stories of immigrants coming to the United States. The struggle and pain involved in coming here. A motivational guide for immigrants on how to get through the immigration system the legal way. Stories that explain to the rest of us; long-time Americans and legal residents, why compassion toward our newest neighbors is essential for this country to continue to grow and prosper. The latest information on immigration legal programs. Interesting, fast reading, great insight into the entire immigration process from beginning to end. Based on more than 25 years as an immigration attorney representing thousands of immigrants through the system. The secrets to immigration are revealed.

• Language: English
• Publisher: BookBaby
• Release date: Jul 13, 2014
• ISBN: 9780988976306

Book preview

pools.

CHAPTER 2

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Life on the Run:

Behind the Scenes

N

ot everyone benefits from our U.S. immigration laws. Some cases may have been weak, missed deadlines, or missed documents. Their cases were denied. Perhaps, there was simply no law to protect them under their specific life circumstances. A large number of people have never even tried; they don’t trust the American legal system. For the approximately 12 to 15 million living here illegally, it is a tough life. Some entered the U.S. illegally by crossing borders with absolutely no intention of complying with immigration laws. They may have been stopped at our borders in California, Texas, or elsewhere, and given a court hearing to show up before an immigration judge. However, many simply focus on how they will survive in this new country. They do not have the strength, time or finances to focus on legal issues.

Then there is another group that came here to become legal residents and ultimately citizens. They enter the U.S. illegally, but intend somehow to make it work. They hire legal representation, and follow the procedures. Still, even this group narrows down as cases are denied. They apply for programs such as political asylum or rely on family petitions where close family can help with the process. But for reasons ranging from late filing to entering the U.S. without inspection, these programs too are of little value. Others have applications that grew old; the children on the application got married while the application was being considered or the children became 21 years of age. One by one, the number of illegal immigrants in our country grew to what it is today. Allow me to pull the curtain aside so we may see what really goes on behind the closed doors, the application process, the crush of immigration life.

Dealing with bad news

Having a case heard before an immigration judge in one of our many immigration courts around the country, can be terrifying. I know, I can sometimes see the hands and knees of my clients shaking. Some have fainted, vomited, cried, begged, and pleaded for mercy and compassion. So much is at risk; their future, and the future of their children are all to be decided on one day - at the final individual hearing.

So, what happens to those who stand before an immigration judge? The judge will carefully listen to all the facts of the case. The judge will decide whether there is enough proof to grant the case and whether the application was completely truthful. The judge will then apply the law to the case and make a final decision. The judge has a tough job. They must decide, "Did the witness tell the truth? Did she give me all the facts, or is she hiding something? Did all the witnesses give the same version of the story? At the end of the case, the judge will either grant or deny the case.

Sometimes, if the case is denied, the judge may give the person a chance to leave the U.S. voluntarily. A promise must be given to leave within a few months, to pay for the plane ticket, and to leave the U.S. by a specific date. This is a ‘privilege’ that very few people want and most never ask for. It is called Voluntary Departure. Most are happy to have a few extra months to get their affairs in order. But in 25 years of representing clients before the immigration courts, less than a handful have actually left. Nearly everyone will continue to live illegally in the United States.

A second chance: Hope for a denied case

Some will appeal their decisions, waiting for the Board of Immigration Appeals to possibly change the decision. The board is a higher court based in Virginia where a panel of three judges takes a close look at denied decisions. Few cases are ever reversed, unless an error by the judge occurred. However, while the judges are making their decision, there is nothing to stop the deportation process. If the decision is not changed, it may be possible to challenge the decision again in an even higher court. Few will continue. Why give up the fight? By this time, most have exhausted their savings. They simply cannot afford to hire an attorney. They no longer trust the legal system to work for them. As some have described; they feel like the walking dead – living without a home and without a future. Occasionally, if the facts of the case are interesting, an attorney just might take the case to a higher court for free.

What happens while the wheels of justice are turning? Children are born, more people enter the U.S. illegally, and others overstay their visas. The number of people living illegally in the U.S. continues upward. The problem of illegal immigration gets worse, and we create a generation of worried, suffering, and anxious children, not sure what the next day will bring for them.

A shocked group of kids

It is the children that I worry so much for. To see their small bodies, often wrapped in fear and confusion. The kids I grew up with are nothing like the kids that come to my office. These children, from the ages of five, have certain noticeable traits that I have never seen before. The first common trait - they don’t smile! I’m not a psychologist, but when I was growing up, I was laughing, running, jumping, having a good time. Isn’t that normal for a kid? Well, these kids sit dead quiet and still. They have the fear of death in them. These kids know nothing about the legal process. Still, their parents have put a fear in them, which is not unfounded. Don’t get too comfortable, we don’t know where we will be tomorrow. Can you imagine growing up like this?

Living the life of an ‘illegal’ immigrant

Most people, once their case has been denied, will stop trying. They give up on their attorneys, if they had one, and start hopping around from one new residence after another. They have to move. Once the date to leave the U.S. has passed, an order of removal is created. This is serious. If they get stopped or found out, they will most likely be deported. Nearly 500,000 people were removed from the U.S. in 2011 alone, and 2012 numbers were equally high. Even with the prospect of new immigration reform, deportations continue. Maybe not as many, but my guess is that hundreds of thousands will be deported in 2014. Sadly, those with criminal records will not represent most of the total number removed.

Where to hide?

For those who don’t leave, they try real hard to blend in with society. But, it is not easy. They have no work permit, no drivers’ license, and they may be questioned on the job. Some may lose their jobs. Life in the U.S. with no income is a harsh reality. They really cannot leave because in most cases they have family already here. They will unlikely be allowed to apply for government assistance programs. However, under present law, their U.S. citizen children may apply for certain government assistance programs such as WIC, food stamps and Medicaid. Yes, their parents are illegal, but these kids would not be able to eat regularly if it weren’t for these government programs. They would go hungry.

Every day we read about one government program or another that wasted millions of dollars on some theoretical research program. I really don’t mind one bit if our government spends money on a group of underprivileged children whose parents have no legal status in the United States. Yes, this is not a popular opinion. But when I look at these kids sitting on my wife’s lap, tired, hungry, disappointed, the spirit of compassion falls upon me, as it would anyone else.

Life on the run

So, once the denial has been read, tears roll, and plans are formed. These are not good plans. They are plans to run, escape, and hide. They will unlikely leave because their children are still going to school. Perhaps they have a paying job, and they often have other relatives who are depending on their earnings and support. Some of these relatives are elderly or sick and need to be cared for. Remaining in the U.S. is often an absolute necessity.

Others who get bad news from the judge, change their address and phone number, and I never hear from them again. After all, their address is a matter of record with immigration authorities. ICE could go to their homes and arrest them. They may leave their apartments, but they seldom leave town.

What is it like to live illegally? Life is hard for this group. They must convince their employers, and even their neighbors, that they are legal residents or citizens. There are plenty of U.S. residents and citizens who report illegal immigrants to the authorities. Often, these reports result in arrests and deportations. It is a difficult life always looking around, hoping not to get caught in a work-related raid, or traffic stop. People with orders of removal - they have already been ordered to leave the U.S. - change addresses frequently. When driving, they try hard to drive slowly. They try not to break any of our rules. It is a life full of fear, and often this fear is passed on to their children. Immigrants living in the U.S. illegally truly feel like second-class citizens.

I once asked an ICE officer how he decides to stop and ask someone about their immigration status. The officer said that most people living illegally in the U.S have a look to them. They have it written all over their faces. They just don’t belong here. In addition to their physical appearance, the officer said he looks at their car for plaques, or stickers in another language, maybe even a home country flag. They can be dead giveaways just from all the junk they put on their car.

Years ago, I had a good friend who was on the police force. He would come by the office once in a while to say hello. The waiting room would be full with maybe 20 to 25 people, but by the time he left, the waiting room was empty. Absolutely no one! Warm cups of coffee quickly abandoned, pastries and pastelitos left on the seats, a mass exodus because of the uniform he was wearing. They left because of a fear of discovery.

People who live illegally are very cautious of authority figures. But not all hide below the radar. Many have been caught visiting the state drivers’ license office. Others, in search of specific facts regarding their cases, have made appointments through a process known as Infopass. The process involves creating an online appointment at one of the USCIS (United States Citizenship and Immigration Services) offices. These appointments give people the chance to speak to an officer. However, some have gone to discover they have an order of removal. This order means they are required to leave the U.S. immediately. In the past, arrests have been made of those searching their immigration status at one of the USCIS offices during the Infopass appointment. The removal orders can be seen on the computer. These orders are like arrest warrants.

Being arrested for losing a case

There was a very scary time during my career as an immigration attorney. It was a time when if someone lost their case before an immigration official, they would immediately be taken into custody by ICE, the immigration police with all the power and authority to enforce our laws. When the final decision was read, and it was a denial, as soon as that individual walked outside, they were led away by ICE officers. Not a pleasant moment for young children to witness. Seeing your client taken away rubs salt into the wound for attorneys who have fought sometimes for years on a case. The worst part was when the young children began crying and shouting for their lost parent. The emotional pain to the family cannot be described. I hated these times, and if ever there was a time I wanted to quit this area of law, it was then. These were shameful times that continued for some years.

After the judge denied a case, and the attorney reserved the right to appeal on behalf of the client, the immigration enforcement process would continue. Usually, those who were taken into custody were not seen again. They were brought to an immigration detention center and deported. In Miami, the detention center is called Krome, as it is located on Krome Avenue, which is next to an Indian reservation casino.

Recently, instead of immediately deporting those with clean records, ICE has been registering people for a supervision program, much like a criminal on parole. To be accepted into this program, they must have a non-criminal record, report weekly to an ICE office, and wear an ankle monitor. These monitors fit uncomfortably around the ankle and must be worn at all times. These monitors are not worn for days or weeks. I have clients who have worn monitors for months.

This enforcement requirement is a way movement can be monitored. The laws that were broken are immigration laws. Someone has entered the U.S. without legal authorization or has overstayed their visa. Breaking our laws is never the right thing to do. However, is it so criminal in nature that a parent or young adult should be treated this way? Those who come to court are at least making a good faith effort to fight their case in open court before an immigration judge.

Winning in court

Immigration court is the place to go for those applying for certain legal programs. What kind of programs? There are legal programs such as asylum, based on persecution, or cancellation of removal, based on living in the U.S. for at least 10 years. These are just a few types of cases the immigration judge might consider. These final decisions are very important because they decide whether someone will stay or leave. These decisions affect generations to come.

The last hearing

So, the final individual hearing date is a big day. This is the day when the application is studied carefully by the immigration judge and the government attorney. The government trial attorney is usually an experienced lawyer who handles hundreds of cases. These attorneys are called assistant chief counsel for ICE. Every immigration official falls under the authority of the Department of Homeland Security.

When a case goes before an immigration judge, it is a very serious matter, and no one is smiling. Who is present on this day? In the courtroom, there will be the judge, the trial attorney, the respondent’s attorney if they have one, a court reporter, the clerk for the judge, and if necessary, a translator. Yes, every word will be translated from English into the home language of the respondent. Every word spoken is recorded onto a recording system and printed into a transcript. The respondent is asked to take an oath that the information on the application is truthful, that the testimony (answers to the questions asked on this day) will also be truthful. Once the oath is given, the respondent will take the witness stand. This is usually a separate desk where the respondent will sit, usually nervously, and answer questions from the judge, the trial attorney, and the respondent’s own