The media has reported on any number of really amazing American-raised young people who have been targeted for deportation despite the obvious contributions they can make to the country. The latest is Ayded Reyes in Califonia. ESPN reports
From the outside, Ayded Reyes seems like she's living the American dream.
The 20-year-old, who attends Southwestern College in Chula Vista near San Diego, is California's top-ranked women's junior college cross country athlete. She carries a 3.50 GPA and her goal is to become an obstetrician. She is also a community volunteer who has worked extensively with children and the elderly. She is a young woman many describe as sweet, effusive and energetic, the "All-American" type.
There's just one catch: She's in the United States illegally.
Reyes' parents brought her to the United States from Mexico illegally when she was 2 years old. She has no memory of Mexico and has four younger siblings who were born here and are legal, but Reyes faces the very real possibility of being sent back.
Reyes only ended up in proceedings because she and her boyfriend were in a parked car in a public park a half hour after closing time. Her boyfriend is a citizen, but the officer demanded she prove her US citizneship. Reyes was then jailed for five days. According to Reyes, ICE officials pressured her to agree to be deported, but she refused.
The report on Reyes upset her Congressman, Bob Filnes (D-CA) and he has filed a private bill to award her citizenship. Those bills rarely pass, but they can have the effect of delaying the process.
I'm also pleased that San Diego immigration lawyer Jacob Sapochnick is handling the case pro bono. Good luck Jacob!
"I know Democrats like Durbin wants to give a special/shorter path to these people so that these people can become citizens and become the party base ever and sponsor their parents."
That's the most ridiculous statement. It's like saying Reagan legalized a bunch of Hispanics so they beef up his base. That worked out really well, did it? Just a stupid statement, propagated by the right wing. Second, you may not know, but even immediate family members are ineligible to adjust status if they entered illegally. By the time parents of DREAMers will become eligible for citizenship, most will be long dead, just do the math.
Posted by: Legal and no longer waiting | January 06, 2012 at 12:06 PM
"DREAMers have family members with voting powers, go look at the census numbers. That is something that the decision makers on these things want as if it was crack and they are crack addicts!!! So you tell me if you think the whole "is not fair logic is going to play out in their minds....remember we are talking about politicians that only care about political survival not "if it is fair". But you can DREAM!!!!"
I totally understand that DREAMERS have huge hispanic/Democratic lobby behind them. Its plain and simple ethnic politics , I get it .I know Democrats like Durbin wants to give a special/shorter path to these people so that these people can become citizens and become the party base ever and sponsor their parents.
I know some of these kids were brought in as children and why children have to suffer because their parents mistakes , the answer is two fold.
1. Unfortunately children pay for parents mistakes all the time.
2. Life is not fair .
Posted by: Sa | January 06, 2012 at 11:48 AM
"Only if Gandhi understood this theory, we would still be slaves. I am just glad that this theory is understood only by armchair experts or else I would still be serving red or white wine to a white master."
I am sure that would make you quite privileged, as millions of your compatriots would not even have a white master to serve. I believe, you put it as "a life of luxury" just a few comments earlier.
Posted by: Legal and no longer waiting | January 06, 2012 at 11:08 AM
"Totally agree , Life is not fair . Apply the same logic to DREAMERS too ."
DREAMers have family members with voting powers, go look at the census numbers. That is something that the decision makers on these things want as if it was crack and they are crack addicts!!! So you tell me if you think the whole "is not fair logic is going to play out in their minds....remember we are talking about politicians that only care about political survival not "if it is fair". But you can DREAM!!!!
Posted by: Another Voice | January 06, 2012 at 08:55 AM
"second life isn't fair"
Totally agree , Life is not fair . Apply the same logic to DREAMERS too .
Posted by: Sa | January 05, 2012 at 01:18 PM
"second life isn't fair!!! This whole conversation is pointless!!!"
Only if Gandhi understood this theory, we would still be slaves. I am just glad that this theory is understood only by armchair experts or else I would still be serving red or white wine to a white master.
Posted by: Nurse Waiting | January 05, 2012 at 12:44 PM
"Any amnesty bill will create huge problems for all the people waiting whose applications are pending with USCIS. Any amnesty can potentially add decades more long waits for applications that are already pending. 245 i is the major cause of the current waits."
2 things.....First NO amnesty bill is currently pending or is being debated, second life isn't fair!!! This whole conversation is pointless!!!
Posted by: Another Voice | January 05, 2012 at 12:38 PM
"You hear that government it has to be "FAIR" to Sa before you can do anything about the millions of undocumented people living in the US. He will tell you what to do and how to do it...... wait by the phone I am sure the call is coming to you."
Any amnesty bill will create huge problems for all the people waiting whose applications are pending with USCIS. Any amnesty can potentially add decades more long waits for applications that are already pending. 245 i is the major cause of the current waits.
Posted by: Sa | January 05, 2012 at 12:15 PM
"Legal immigration backlogs should be cleared before any one is given amnesty. I dont think a quasi GC without pathway to citizenship creates a new underclass . Legalization removes the existing "living in shadows" class."
You hear that government it has to be "FAIR" to Sa before you can do anything about the millions of undocumented people living in the US. He will tell you what to do and how to do it...... wait by the phone I am sure the call is coming to you.
Posted by: Another Voice | January 05, 2012 at 11:59 AM
"So, you are justifying creating a separate underclass in the society by... the fact that FB immigration quotas are too low to support a derivative result? That's tail wagging the dog."
Legal immigration backlogs should be cleared before any one is given amnesty. I dont think a quasi GC without pathway to citizenship creates a new underclass . Legalization removes the existing "living in shadows" class.
Posted by: Sa | January 05, 2012 at 10:53 AM
Some how the equal protection under the law and the we are a nation of laws comes into question when you hear this...... "Actually, there shouldn't be a path to citizenship for the illegals."
So some misdemeanors should be treated one way and others in a different way depends who you are talking about!!! Second class citizens are ok for some, just as long as it matches well with the political hypocrisy.
Posted by: Another Voice | January 05, 2012 at 10:47 AM
"Actually, there shouldn't be a path to citizenship for the illegals."
So, you are justifying creating a separate underclass in the society by... the fact that FB immigration quotas are too low to support a derivative result? That's tail wagging the dog.
Posted by: Legal and no longer waiting | January 05, 2012 at 10:36 AM
"Actually, there shouldn't be a path to citizenship for the illegals. It creates problems along the lines I have pointed out. Doing so would break the FB system. It also allows the Cans to say that the Rats are pandering to the Spanish community. The illegals should be given a quasi GC which never leads to citizenship. This would also satisfy those who say lawbreakers should not be rewarded. "
I know what you mean when you say it breaks FB system. I do not mind supporting a quasi GC for Dreamers as well.
Posted by: Sa | January 05, 2012 at 10:35 AM
"I always support a reasonable pathway to citizenship"
Actually, there shouldn't be a path to citizenship for the illegals. It creates problems along the lines I have pointed out. Doing so would break the FB system. It also allows the Cans to say that the Rats are pandering to the Spanish community. The illegals should be given a quasi GC which never leads to citizenship. This would also satisfy those who say lawbreakers should not be rewarded.
Posted by: USC | January 05, 2012 at 10:17 AM
"So are you an anti or a pro?"
I always support a reasonable pathway to citizenship,
Posted by: Sa | January 05, 2012 at 09:20 AM
@Jack
The article makes a fascinating case for more stringent interpretations of the laws and enforcement, doesn't it? Perhaps you would care to explain this little nugget towards the end of the article -
"Nevertheless, USCIS approved 86 percent of the 3.9 million immigration cases it reviewed between October 2008 and October 2009 — a 4 percent drop from the year before, according to the most recent data provided to The Daily."
4% drop in approval rate. Doesn't really add up, does it? If, as they claim, they are under the cosh to rubber stamp approvals, shouldn't the trend be going up instead of down? Care to explain that?
I guess between believing an agency which defines "opaque" in it's dealings and has as long and distinguished history of fudging numbers and hiding facts and a group of lawyers who all say the same thing, I think I'll take the lawyers. From the same article you quote -
"And immigration attorneys complained that it seems like officers are just looking for reasons to deny a case, and already demand a higher standard of proof than what is required. That standard is now considered a 51 percent likelihood that a fact is true."
Posted by: RR | January 05, 2012 at 09:14 AM
"Here's an expose of USCIS under Obama and Mayorkas based on Office of the Inspector General report:"
And that pressure to approve visas resulted in 4% YOY drop in approval of visas? You want us to trust these statements by anonymous individuals? Are you nuts?
Posted by: Nurse Waiting | January 05, 2012 at 09:05 AM
"I don't think many would oppose if these "kids" were given student visas with work permits and travel documents and were asked to wait in the line along with others."
Seems like an antis dream (sic) come true for you are in actuallity advocating for the elimination of all legal immigration. How?
You put 20 million illegals in line (or a subset theroff, ie the DREAMERs, the AgJobers) and anyone applying subsequently will have to wait 60 years (since the annual combined FB/EB quota is 366,000) before they get their turn.
So are you an anti or a pro?
Posted by: USC | January 05, 2012 at 01:46 AM
Today there's a lot of illegal immigrants in US and is affects the US economy with those overstaying and with expired visa's .But think of it what would happen if you will deport those people without planning .?
Posted by: jmcail | January 04, 2012 at 07:22 PM
Here's an expose of USCIS under Obama and Mayorkas based on Office of the Inspector General report:
RUBBER STAMP
Probe reveals feds pressuring agents to rush immigrant visas – even if fraud is feared
http://www.thedaily.com/page/2012/01/03/010312-news-immigration-strife-1-3/
Posted by: Jack | January 04, 2012 at 06:27 PM
"Sa, if you read all my opinions fully and in context, you might be able to understand."
One standard is "quite a comfort" for legal immigrants waiting in line and the same standard is "suffering". I personally know lot of people who came to USA as students and completed their education and found an employer willing to sponsor and waiting in the line.
My sister and brother in law came to USA as students and they waiting in line patiently , why should these students give priority over the people who came here as students and have american citizen children.
Posted by: Sa | January 04, 2012 at 01:21 PM
Sa, if you read all my opinions fully and in context, you might be able to understand.
Posted by: Legal and no longer waiting | January 04, 2012 at 12:54 PM
"In other words, immigrants who have suffered through the system are wishing other immigrants suffer too because otherwise they would be jealous. Reminds you of a patents beating the heck their kid just becuase they got wooped as a child, and it would be "unfair" to give someone a pass. You know it sucks, so that's why you wish on somebody else."
"RR, I am sympathetic to all immigrants. However, the group you are talking about does not "rot". It lives quite comfortably with almost all of the rights awarded to LPRs. I would know, I did it for 8 years.
"
As per your previous statement that is quite a comfort almost equal to LPR. Please decide whether waiting in line is suffering or "quite a comfort".
Posted by: Sa | January 04, 2012 at 12:49 PM
"You can wow all you want, but matter of fact is that 20 million illegals in this country are living luxurious compared to billions in poverty."
They are not at fault for billions living in poverty they are trying to survive like many people on planet earth and they did not have a option to come here legally due to a broken system. If they live some way or another is not free they work hard some 2-3 jobs to support their families here and back home, get a clue!!!
They get free top class schooling, free healthcare, ac houses, cable tv, phones, internet etc etc. To billions that is luxury."
Not sure if you noticed but public education is in crisis in this country. Education and healthcare are the 2 things undocumented workers use from the taxes they pay, however m,any other things their taxes go to pay for and they will never see a benefit such as SS. They rest of your list not sure where you live but is it is somewhere in the US you have to pay for all of that which means that they are paying customers and they get what they pay for....
Posted by: Another Voice | January 04, 2012 at 12:34 PM
"I don't think many would oppose if these "kids" were given student visas with work permits and travel documents and were asked to wait in the line along with others."
In other words, immigrants who have suffered through the system are wishing other immigrants suffer too because otherwise they would be jealous. Reminds you of a patents beating the heck their kid just becuase they got wooped as a child, and it would be "unfair" to give someone a pass. You know it sucks, so that's why you wish on somebody else.
Sorry, I don't subscribe to this point of view. I want everyone to have an EASIER path. Everyone.
Posted by: Legal and no longer waiting | January 04, 2012 at 12:34 PM
"Besides, kids who were brought here as infants did not make the choice themselves, unlike those waiting for EB3 who knew what they were getting into."
I guess they can apply the same logic to the kids who are waiting in the line . Documented kids did not make a choice either .
Posted by: Sa | January 04, 2012 at 12:32 PM
RR, no, the issue here is whether one group can recieve a reprieve without detriment to the other group. I am always for laws that allow immigrants to get an easier ticket, regardless of the group. People like Nurse Waiting only think it's fair if they receive relief, and if somebody gets relief and they don't, it automatically unfair. That's an intellectually dishonest position, and a divisive one at that. To support it, they also act like nobelty complaining of aweful taste of champaign in the palace, while telling those dirty commoners to mind their place. Needless to say, they don't win lots of friends that way.
Posted by: Legal and no longer waiting | January 04, 2012 at 12:18 PM
"If people like Ayded are given some (potentially long, arduous) path to getting status, it won't hurt anyone else, if the focus is narrow as I suggest it should be to start wit"
That is not what dream proposes. It carves out a special privileged path. I don't think many would oppose if these "kids" were given student visas with work permits and travel documents and were asked to wait in the line along with others. Lot of their fellow country men are waiting in line patiently , these kids can wait too. Of course , they can always carve out exemptions for individuals that are high achievers.
USCIS is utterly incapable of handling huge deluge of applications (At least 2 to 3 million of them), every application that is waiting for adjudication will suffer if they don't plan these out properly. One way to do this properly is to make these dreamers go thru the status change at consulates abroad to split the work load and timely adjudication of all applications.
Of course , I don't get to decide how the legislation is written but I get voice my opinion.
Posted by: Sa | January 04, 2012 at 11:43 AM
"Nurse Waiting, let me summarize your post. Illegals here are living the life of luxury because they are not starving to death, and you are rotting because your situation is not certain enough to buy a house. WOW."
You can wow all you want, but matter of fact is that 20 million illegals in this country are living luxurious compared to billions in poverty. They get free top class schooling, free healthcare, ac houses, cable tv, phones, internet etc etc. To billions that is luxury.
Posted by: Nurse Waiting | January 04, 2012 at 11:26 AM
@Limbo,
I think you are directing your remarks at the wrong person. If you check my comments earlier, you will see that I support legalizing these kids. I am of the opinion that the "sins of the fathers" should not be the burden of the children to carry. On a strictly economic sense, the current policy doesn't make sense. These kids have a lot of potential, and that needs to be brought out. Otherwise the investment that US made in these kids' education till now is lost with no returns.
On the other hand, I agree with most of Nurse Waiting's comments. Legal immigrants have their own issues, and in their own way, they are quite problematic for people who want to further their careers and put down roots in this country. It just amuses me to see some people "are sympathetic" to the pain of some, but have no issues keeping them in pain, while having no inclination to endure some of the pain themselves, but support totally alleviating the pain of other parties.
Posted by: RR | January 04, 2012 at 11:24 AM
Nurse Waiting, let me summarize your post. Illegals here are living the life of luxury because they are not starving to death, and you are rotting because your situation is not certain enough to buy a house. WOW.
Posted by: Legal and no longer waiting | January 04, 2012 at 11:19 AM
Jacob Sapochnick,
Best of luck with the case!
Some people may believe that Ayded's situation is extraordinarily rare, but living in Arizona and having kids involved in athletics at the highest level, it is more common than you would think.
Posted by: Limbo | January 04, 2012 at 11:02 AM
"illegals are living life of luxury"
Yeah, right. Tell that to Ayded.
RR,
Her situation is not comparable to the EB3 India backlog at all and the debate over HR3012 is NOT relevant here. Few ROW immigrants would be against legislation that gives relief to EB3 I if it did so in such a way that didn't bring the whole EB3 immigration system to the point of collapse, and give relief to one group at the direct expense of another. Besides, kids who were brought here as infants did not make the choice themselves, unlike those waiting for EB3 who knew what they were getting into.
If people like Ayded are given some (potentially long, arduous) path to getting status, it won't hurt anyone else, if the focus is narrow as I suggest it should be to start with.
Posted by: Limbo | January 04, 2012 at 10:57 AM
"However, the group you are talking about does not "rot". It lives quite comfortably with almost all of the rights awarded to LPRs. I would know, I did it for 8 years."
That "rot" is a relative term. Compared to folks who cannot immigrate illegaly for whatever reason (and really want to), illegals are living life of luxury. What are they complaining about? Atleast they are not starving to death like so many who are waiting in line in their respective countries and following all the rules.
Compared to citizens/LPRs who do not have to face visa stamping issues, no uncertainty at POE, can change jobs at will, do not stagnate in careers, can start their own companies without any restrictions, change careers, their spouses do not pay out state tuition after staying in state for 10yrs, can buy a house with a certainty, can invest in their future in this country, person waiting in GC limbo is practically rotting.
Posted by: Nurse Waiting | January 04, 2012 at 10:14 AM
Thank you Greg, this is such an emotional story and this client is very special individual. I am hoping the Court will feel the same. This is why Immigration law is such a rewarding field.
Posted by: Jacob Sapochnick | January 04, 2012 at 10:04 AM
RR, I am sympathetic to all immigrants. However, the group you are talking about does not "rot". It lives quite comfortably with almost all of the rights awarded to LPRs. I would know, I did it for 8 years.
Posted by: Legal and no longer waiting | January 04, 2012 at 08:27 AM
@LNLW,
Long lines are a fact of life that we have to live with. I don't see any administration adding resources for immigration services at this point of time unless it has to do with enforcement. So lines will be real, and the the focus will be on how these lines will be serviced.
"I am also not a proponent of "relative justice" where one group of immigrants needs to be punished (or can't get relief) just because another group is unfortunately stuck in immigrantion lines/limbo."
Sounds like 245(i), right? I guess some people should say to themselves, been there, been screwed...
@AV,
I agree with everything you say. These kids who have are now victims through no fault of their own should be brought into the mainstream so that they can be contributing members of society instead of living in the shadows. I am just amused at the hypocrisy of some people who are all sympathetic to one group of people while others rot waiting their turn.
Posted by: RR | January 04, 2012 at 08:14 AM
AV, I think you are absolutely right. I was also wondering why the heck the officer was asking about her immigration status. What does it have to do with being in the park after hours? She should have simply refused to answer any questions.
Posted by: Legal and no longer waiting | January 04, 2012 at 07:41 AM
The point that some people seem to be missing here is that you do not get to design the system or decide what is fair to you or to DREAMERS. If venting your frustration is therapeutic good riddance it still does not matter nor will it change your situation!!!
Aren't you guys tired of the "it's not fair argument" or the Legals v. Illegals. We have done it enough is time to get on with life.
Posted by: Another Voice | January 04, 2012 at 07:41 AM
RR, I am certainly not a proponent of long immgration lines for anybody (i.e. status quo). I am also not a proponent of "relative justice" where one group of immigrants needs to be punished (or can't get relief) just because another group is unfortunately stuck in immigrantion lines/limbo. Here is my logic - there are two compelling reasons to allow immigrants into the country. One is that these people are good for the country, i.e. they will be contributing members of the society and will enrich it in many ways. Those who have an offer of employment and have worked in the US fall into this group. Second is for compelling humanitarian reasons like being part of the country in some shape or form (close family, community, having grown up in the US, etc). If one of these reasons is met and there are no other obstacles like serious criminal issues, then the person should be able to immigrate to the US immediately. There is no good reason to marinate people in lines once the criteria is met. For people who don't have these criteria met (like members of family, but not immediate family), I am ok with reasonable wait.
So, there is your answer - I would not put them into any long processes or line and much less try to slow any other immgigration lines by adding these people to the mix.
Posted by: Legal and no longer waiting | January 04, 2012 at 07:37 AM
I am just wondering what, in your mind, process for legalizing these people should be? Should there be a priority date applied to each of them? Should they wait in turn at the end of the line until everyone before them is taken care of? How long would that take? Or should there be a separate visa class? I believe something like that was done in 2001. Was it 245(i), which was a major factor in clogging up the queue for people who had done everything by the book? Oh my, wasn't that "changing the rules in the middle of the game"? How do you think this should play out ideally?
As I remember, you are a supporter of status quo for legals who are rotting in line waiting their turn. Why the sympathy for other parties? Why not stay with status quo?
Posted by: RR | January 04, 2012 at 07:23 AM
The immigrants need to be better informed about their legal right to remain silent, I am sure if this young woman would have remained silent even if the cop demanded proof of her legal status. She would have been able to get out of this, she was not committing a crime and he could not charge her with anything. So when in doubt keep you mouth shot and call an attorney.....
Posted by: Another Voice | January 04, 2012 at 07:22 AM
RR, do you mind explaining to me the purpose of your question? Why do you think it should be a process of any particular length?
Posted by: Legal and no longer waiting | January 04, 2012 at 07:00 AM
@LNLW
So if they apply to be legalized, as a "human being", how long do you think their process to come out of the shadows and join the mainstream as legals should be?
Posted by: RR | January 04, 2012 at 06:49 AM
Sa, yes, you are absolutely right, they were never invited to the party. The question is whether we as human beings can use it as a justification to starve their children to death. Obviously, you are trying your best to present the case.
Posted by: Legal and no longer waiting | January 04, 2012 at 06:29 AM
"I just don't get it honestly. The way these kids are treated is shameful, regardless of the mistakes the parents have made, and regardless of how you feel about amnesty in general. The American immigration system has so many harsh, unfair and punitive aspects, but this takes the cake."
"HR3012 is like a party where some people get invited to dine at 6 p.m., and some to dine at 8 p.m. The people who agreed to be served at 8 p.m. come over to the table to be served at 6 and say, "I'm tired of waiting, so instead of asking the host if I can be served earlier like you, I've decided to come over and help myself to what's on your plate... for the sake of fairness of course"
Going by the above dinner analogy , someone could draw a conclusion saying that these parents were never invited to the dinner to begin with and now they are crashing the dinner party with the excuse of feeding the kids and their family.
Posted by: Sa | January 04, 2012 at 01:27 AM
Any step in the direction of giving people like Ayded a path to becoming legal would be worth taking. Since she is 20, I think she would be subject to the 10 year bar if she left the country and tried to re-enter. That's one thing that could be done away with.
I just don't get it honestly. The way these kids are treated is shameful, regardless of the mistakes the parents have made, and regardless of how you feel about amnesty in general. The American immigration system has so many harsh, unfair and punitive aspects, but this takes the cake.
Posted by: Limbo | January 03, 2012 at 11:06 PM
"What kind of heartless jerk would want to put these kids in Jeopardy by deporting them away from their families?"
Grassley , The hero of ROW in the context of 3012 will be the first one to oppose. You can call them heartless but Most of versions of the dream benefit only kids that came here undocumented. It gives a preferential treatment compared to other kids who are in the country legally.
Posted by: Sa | January 03, 2012 at 04:24 PM
I'm wondering if a more modest approach might get some form of DREAM passed, and thus help people like Ayded. For example, if only children that came before school age (say 6 or less) are eligible, that might make it an easier sell and make opponents look really bad and utterly void of any compassion. It would be easy to make the case that these kids only really know life in the U.S., and would have trouble integrating into culture in their country of birth. What kind of heartless jerk would want to put these kids in Jeopardy by deporting them away from their families?
It could easily be amended at a later date to make more kids eligible.
Posted by: Limbo | January 03, 2012 at 02:52 PM