An Immigrant’s Nightmare?
The recent focus on terrorism concerns and national security casts a rather odd light on a little reported story playing out in Saugerties, New York, a little hamlet along the Hudson River in the state’s 22nd congressional district. There we find Emilio Maya, an immigrant from Argentina, along with his sister, his wife and their small child embroiled in a battle with the ICE. (U.S. Immigration and Customs Enforcement) As the linked article tells the story, Emilio is a hard working man who runs a small cafe with his sister, working to realize the American dream. Then one day last November his world was thrust into turmoil.
He said he woke up early that day, as he always does, got ready for work, kissed his wife and baby, and headed out the door about 6:30 a.m. for another day of work at Café Tango.
But as he put the key in the ignition of his car, armed immigration officers swarmed around him. Maya said he was yanked from the car at gunpoint by a dozen federal agents.
Armed with a search warrant, the agents stormed the home where Maya’s wife, Kseniya, their 10-month-old daughter, Valentina, and the infant’s baby sitter remained.
Maya said he was shackled and handcuffed and taken by immigration officials to a jail in Pennsylvania, where he sat for 20 days awaiting deportation.
“I’d never been in a prison cell before,” he said. “For me, it was all too much. The fear, the stress. I don’t know what is happening.”
That sounds pretty horrific, doesn’t it? But there’s a bit more to this story than first meets the eye, buried well down in the article. Why would ICE be interested in the hard working Emilio and his sister? What is his current status as an “immigrant” in the United States and how did he arrive where he finds himself today?
MAYA’S SAGA dates back to 1998, when he traveled to the United States from Argentina to visit relatives. Maya entered the U.S. under the Visa Waiver Program, which allows people from certain countries to be here for up to 90 days without obtaining a visa. Until the 2001 collapse of the Argentine economy, that South American country was among those with which the United States had such an agreement.
It is unclear how Maya remained in this country following the initial 90-day period allowed by the Visa Waiver Program. It seems apparent, however, that he was here with the knowledge and approval of the U.S. Immigration and Customs Enforcement (formerly the U.S. Immigration and Naturalization Service), which Maya said repeatedly issued him a work permit.
He said his most recent work permit was valid through April 2010.
A bit more digging into information provided by local readers in comments and some local radio coverage, however, seems to indicate that it’s not at all “unclear” how he remained in the country for more than a dozen years after his waiver expired. There seems to be no indication that Maya took the required steps to get a long term visa or obtain citizenship. (The article helpfully describes Emilio as someone “who dreamed of becoming a U.S. citizen.” Unfortunately, current law requires one to do a bit more than dream.) And given the way that government agencies fail to share and cross check information, work permits are routinely renewed for people without the requisite investigation to see if they would be entitled to one.
True, immigration is very complex and time consuming, particularly since 9/11, and if Mr. Maya has dotted all the i’s and crossed all the t’s but is simply being held up by some administrative red tape snafu, then fine. Perhaps his application would just need a good shove from higher up. But the fact is that Congressman Maurice Hinchey has already jumped into the fray, forcing a 90 day stay on Maya’s behalf, but has produced no information indicating that his approval for citizenship is pending. Also, reporters have had more than adequate opportunity to ask Maya about his status and apparently he hasn’t provided any indication along those lines. ICE is refraining from comment, saying Emilio was arrest on an “immigration violation” but does not elaborate, citing “confidentiality rules.” What privacy is being protected here? Are they being secretive or honoring Maya’s wishes not to release the details?
If, as reports seem to indicate, Mr. Maya has stayed in the country without following the laws for acquiring citizenship, what are we to do? There’s no indication that he’s up to anything nefarious, but particularly in light of our current immigration and watch list concerns, do we just give him a pass on good behavior? Or is this the time to ask if we are serious about enforcing the law and actually keeping track of all the people entering and leaving the country?
Your thoughts?
8 Responses to “An Immigrant’s Nightmare?”
sheesh; regardless of his status, is it really necessary to make such a public display of bringing him in? Armed officers, shackles…you'd think there was a nation-wide man hunt for him, or that he was one of the FBI's 10 most wanted.
Call me crazy, but it seems like it would have been much easier to send him a letter saying something like “you've overstayed your allotted time, come in as soon as possible to renew”. He was already working with the system; I'm sure he would have squared this all away so he could continue to work for his family.
That's certainly possible, jchem, but unless ICE decides to stop clamming up, it's not a clear call. I wish they would give us a bit more than that clipped phrase and tell us exactly what alerted them to his status and what prompted them to show up in force and take him in. Of course, the fact that they later agreed to temporarily let him go home for the duration of the stay of deportation, I'm doubting it's anything like suspected AQ ties or whatever.
They could also have sent him a letter saying, “Please come in as soon as possible because you have to leave the country until you get your application in order” but would he then have been a flight risk? I'm just asking here.
I 'm not sure he would have responded to a letter.
Much as I sympathize, I find myself marvelling at his sense of entitlement.
I am puzzled as to what tipped off the Feds, and it seems we probably will never know. But whatever it was, I still find the way they arrested him was a tad bit, um, excessive. I also found this to be a bit upsetting:
So basically the Feds say “get out, because we said so”? I know the debate on immigration reform is fast approaching, but wherever anyone stands on that, could we at least modify the current system to let this man (and probably many more) present his case? Otherwise, it just seems that the Feds can round up whoever they want to and not face any kind of fight for it.
“Otherwise, it just seems that the Feds can round up whoever they want to and not face any kind of fight for it.”
More accurately they could round up people who entered the country with a visa waver program, lets say Canada, who then overstay. You know people who are allowed to enter without any application, screening, or decision making involved.
This issue has been around for *years*. I remember the Clinton years where the main concern of immigration was to kick out the criminals. Due to general confusion and red tape, men (and maybe women) were stuck in INS cells in limbo, waiting to either stay or be deported.
Unfortunately, with economic concerns, immigrant= illegal. That in and of itself is used for political fodder. If Obama does take the bull by the horns, this would be a good start…streamlining legal immigration, then deal with illegal immigration
Nice job of researching and tying together a lot of loose ends Jazz.
Seems to me that 'what should we do' boils down to one question: Does he have a legal right to be here? If yes, then I welcome him with open arms. If no, deport his butt forthwith.
Just some background facts: 1) A government agency cannot comment on specific cases because of the Privacy Act. ICE is not trying to hide anything, but cannot comment on specific cases and cannot release information on specific cases execept in very general terms. 2) You cannot adjust your status in the U.S. after admission except by applying for political asylum or marriage to a U.S. citizen. Clearly there is not evidence of either in this case. Any legitimate work permit would have been based on either. In this article he does not mention any marriage to a US citizen or mention asylum. 3) Only legal permanent resident aliens can apply for citizenship. Many confuse legal permanent residence with citizenship. If anything the person mentioned is applying for legal permanent residence or asylum, not citizenship. 5) He does not differ from any other “hard working” alien here illegally.
What I think happened is that he entered on the Visa Waiver Program, decided he wanted to stay and then, probably using a crooked attorney, filed some sort of application based either on asylum or marriage to a US citizen, or obtained work authorization fraudulently or purchased or obtained from a crooked attorney work authorization that he did not know, but should have, was fraudulent.
Other than asylum and marriage to a U.S. citizen, you just cannot come to the U.S. on the Visa Waiver program and remain.