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?