One day during my sophomore year in high school, the director of a summer program that I had been participating in pulled me aside and looked at me with regret. “I’m sorry, Jin, but I’m afraid foreign aliens are not allowed to be a part of our program.”
I descended into stunned silence and in response I could only manage a feeble “I understand.” I had gleaned from years of late night conversations between my parents that our presence here was not welcome, but these murky sentiments of exclusion that I had sensed throughout my childhood had suddenly manifested themselves in front of me.
My mother, father, and I are undocumented Americans. Although I have been granted relief from deportation under President Obama’s executive order to use prosecutorial discretion, my parents still live each day with the fear that they may be deported from this country.
I distinctly remember the move. It was June 2003, and after months of patient anticipation and hopeful expectation, my parents and I had been granted a temporary visa to reside in the United States after living the majority of my childhood in South Korea. The few possessions we had brought with us still fit in a broom cupboard—three suitcases and a carry-on bag—as we took a leap of faith into a nation that I only knew by The Jurassic Park and the game “Space Invaders” on the Atari 2600.
I was eager to learn the language and culture of a new and unfamiliar environment. I worked hard and felt bolstered by a supportive community and a responsive nation that seemed to recognize and reward hard work. I discovered a passion for science and history, and availed myself of every opportunity I could, with the conviction that the chance to live and thrive in this nation was a privilege.
However, after we moved to the States on a temporary visa, we petitioned the government for an EB-3 visa, which was rejected because our sponsor had failed to pay taxes promptly. With that rejection, we became part of the population of more than 11 million undocumented immigrants, categorically dismissed yet living each day with the desire to contribute to the nation we know and love. We are undocumented, and as a result, we are criminals in the eyes of many.
“The stories of undocumented people that are told in the mainstream media are very narrow in nature,” says Julissa Arce, the director of development for Define American, a nonprofit organization devoted to telling “more nuanced and accurate stories” of undocumented immigrants living in the United States. “We come from diverse backgrounds and have unique stories, yet there is a single story that is told: the Mexican immigrant who crossed the Rio Grande and is stealing jobs from U.S. citizens.”
By many in the current political arena, sometimes on both ends of the political spectrum, undocumented immigrants are characterized as a cartoonish group of outlaws, which is far from the truth on multiple levels. Characterizing undocumented immigrants as one monolithic group is fundamentally specious; within the group of 11 million, countless stories and backgrounds exist. But perhaps the biggest differentiating factor between undocumented immigrants is also the most important—how each became “undocumented’ to begin with. Despite being lumped under the same umbrella term, immigrants who have crossed the border without authorization are quite distinct from immigrants who have simply overstayed a valid visa. Both are undocumented but have substantially different legal status.
Being present in this country unlawfully under an expired visa, for example, is not a violation of the U.S. Criminal Code, but a civil offense that is punishable by a civil penalty such as deportation. According to a report by the U.S. Government Accountability Office from July 2013, “each year, millions of visitors come to the United States legally on a temporary basis either with or without a visa.” Since the initial temporary visit is legal, these individuals who subsequently fail to renew their visa or change their immigration status are not committing a criminal offense, but a civil one. The Pulitzer Prize-winning fact-checking website PolitiFact.com reports that based on an estimate released in May 2006 by the Pew Hispanic Center that “out of between 11.5 million and 12 million illegal immigrants in 2006, ‘between 33 percent and 50 percent are visa overstayers.’” In contrast, entry or attempted entry into the United States without proper designation is a violation of Title 8, Chapter 12 of the U.S. Criminal Code, and is punishable by anything from a fine to imprisonment. This distinction is just one of many nuances that are rubbed away in the friction that divides Congress and in the reductive journalistic approaches of popular media.
Another distinct group among the larger undocumented population are those individuals who were brought to the United States when they were children, and who have grown up in this nation. DREAMers, whose name derives from a legislative proposal that would provide conditional permanent residency for eligible students of “good moral character,” are among those fighting to bring a change to the nation’s broken immigration system.
“Being a part of the immigrant rights movement has allowed me discover my own political power,” said Anahi Mendoza ’15, the director emeritus of Act of a Dream, a student organization committed to pushing for reform and equality for all immigrants. “As educated undocumented students we carry a privilege that our undocumented parents, relatives, or friends do not have and thus it is our responsibility to lobby not only for ourselves but those who do not yet feel like they have the voice to advocate for themselves.”
The Pew Hispanic Center estimates that there may be as many as 1.5 million undocumented children residing in the United States. Furthermore, as the organization Educators for Fair Consideration shows, around 65,000 undocumented students graduate from high school each year, and 7,000 to 13,000 undocumented students are currently enrolled in college. DREAMers have been a political flashpoint in election after election, and they are American in every single way but on paper. We have been raised in America, know ourselves to be American, yet this crucial aspect of our personal identities is eclipsed by a blunt and ignorant caricature.
I do not raise these distinctions to abate the illegality of the actions that undocumented immigrants have taken to remain in or enter this country, but to highlight the need for a change in the way many approach the nature of this issue. The only thing that we all have in common is the desire to not be treated as though our undocumented status is the most definitive part of our identities as Americans. Though not all of us achieved our status in the same way, and though we are not equal under the law, all of us, regardless of background, are more than the action we took to hope for a better future.
According to many who oppose a pathway to citizenship for all 11 million 0f us, any action on our behalf is instant “amnesty,” and efforts to carve out a place for us in the country we call home does not do justice for all of the others who have waited patiently in line. A similar attack is that undocumented immigrants drain our nation’s resources. The media perpetuates these sentiments by frequently neglecting to discuss the countless undocumented individuals who have made contributions in this country, the many who choose to pay taxes by procuring a special taxpayer I.D., and the invaluable cultural diversity and principles of perseverance that have made the fabric of this nation so rich and multivariate.
Further, those who maintain that “laws are laws” and propose no comprehensive solution to our nation’s broken immigration system forget that America is a nation founded upon hopeful ambition and driven by compassion. There is no way to enter the country legally for everyone who wants to get in line. In fact, there simply is no line for unskilled and poor immigrants who want an opportunity for a better life for themselves and their children. The immigration code is largely structured around those who are highly skilled, seek asylum in the United States, or join family here. However, accepting impoverished and marginalized immigrants with compassion and open arms is a historical hallmark of America—one that we must not forget in future discussions about immigration policy.
According to the American Immigration Council, a nonpartisan group, “there is no correlation between immigration and unemployment. In fact, immigrants—including the unauthorized—create jobs through their purchasing power and their entrepreneurship, buying goods and services from U.S. businesses and creating their own businesses, both of which sustain U.S. jobs.” Instead of condemning undocumented immigrants for seeking a way to feed and provide for our families, we must shift the conversation toward creating an actual pathway to eventual citizenship that does include the concessions and fines that follow a violation of law.
The simplistic narratives provided by many politicians and news anchors are out of touch with the facts that everyday Americans face. Undocumented immigrants are not a hypothetical group of individuals to be argued over at Capitol Hill. They are your peers, colleagues, and neighbors—all with hopes and dreams. We are human beings, not just data points to be meddled with.
As is the case with most complicated issues, the solution is not black and white. President Obama’s executive orders to temporarily relieve many undocumented immigrants from deportation are not amnesty, and neither are they a permanent solution. A permanent solution can only come from Congress and, ultimately, you, the voter who places representatives in the position to enact comprehensive immigration reform.
Should undocumented immigrants be penalized for their actions? Yes, undoubtedly so. As an American, I recognize that our nation is a sovereign one with laws, and a violation of those laws must have consequences that are humane and in accordance with the values of this nation. However, stopping at just that, and proposing no comprehensive and permanent solution to our broken immigration system undermines the very ideals that have made America the beacon of hope and opportunity for so many.
Image source: Wikimedia