Illegal Immigrants Enter Twilight Zone as Teenagers
Law: Two
pro soccer players, an Ivy League student are among thousands whose lives
are derailed
as status
emerges.
By ANNE-MARIE O'CONNOR, Times Staff Writer
She was the classic inner-city overachiever. She steered clear of gangs
and drugs and embraced
high school
honors classes.
She became class valedictorian, got a full scholarship to an Ivy League
university and graduated
a year
early.
Then, just a few weeks before starting at a prestigious law school, her
one-woman conquest of
the world
was abruptly halted.
She is an illegal immigrant--and therefore ineligible for federal financial
aid. She watched in dismay
as law
classes began without her.
Immigration experts say hundreds of thousands of young immigrants in America--innocent
bystanders
brought as children by illegal immigrant parents--are coming of age in
such legal limbo.
At least 200,000 young illegal immigrants have already reached the age--between
16 and
18--when
their status starts to limit their ability to get a driver's license, obtain
federal education aid or
get a
good job, said Jeff Passel, an immigration expert at the Urban Institute
in Washington, D.C.
Each year, 50,000 to 100,000 illegal immigrants nationwide reach this age,
he said. Unless
immigration
laws change, at least a million illegal immigrant children in the United
States--the majority
from Mexico--will
find their lives severely stunted by their undocumented status, Passel
said.
The impact is greatest in California, where a third of the about 6 million
illegal immigrants--children
and adults--are
believed to reside, experts say.
"It's a human tragedy," said Harry Pachon of the Tomas Rivera Policy Institute
in Claremont. "They
really
are stateless people. Some of these kids are 4.0 students, and have skills
to contribute to the
economy."
Los Angeles advocates traveled to Washington last week to lobby for Clinton
administration
immigration
initiatives that, if approved by Congress, would help many of the youths--though
not the
Ivy League-educated
daughter of immigrants from Colombia.
"This is like a state of psychological limbo," said the student, who came
to California as a child in
1987.
Her parents could have become legal residents--had they known they qualified
before it was
too late
to apply.
Many of these youths arrived in the late 1980s or early 1990s with immigrant
parents from
impoverished
villages in Mexico or war-torn regions of Central America. They are the
youngest
members
of an immigration boom that brought cheap labor that was welcomed by employers.
Some of the youths have temporary residence permits--but little hope of
qualifying for permanent
residency
status, experts say. This status is given to those who qualify by marriage;
those sponsored
by family
members; to employees filling specialized jobs; or to refugees or those
given asylum status, a
year after
winning such a classification. Most would not even qualify for a proposed
amnesty for
immigrants
who have lived in the United States since 1986 because they arrived too
late.
Not all are Ivy League bound. But, as these young people come of age, they
all face a crisis: They
have all
the expectations of U.S.-born children, but a fraction of the opportunities.
They speak poor
Spanish
and have only the vaguest memories of the countries they left behind. For
them, coming of age
with dubious
legal status is a headache, a heartache and a Kafkaesque legal labyrinth.
"So many of these kids are ashamed," said Judy London, staff attorney for
the Central American
Resource
Center, which helps immigrants attain legal status. "They feel like they've
done something
wrong."
Being Haunted by the Past
Two soccer players for Los Angeles' Galaxy team hit this wall recently.
Tomas Serna and Jose
Retiz,
stars of their Santa Ana high school soccer team, turned out to be illegal
immigrants. They were
drummed
out of the Galaxy last month. They could not be paid because they entered
the country
illegally
and didn't have the required documents.
"Having your past come back to haunt you is something that is only supposed
to happen to
politicians,"
said James Smith, an immigration expert at Rand Corp., a Santa Monica-based
think
tank.
"This is something that happened when you're 5 haunting you. Every time
they succeed and
achieve,
their secret comes forth. It's purgatory."
Glenn Spencer, president of Voice of Citizens Together in Sherman Oaks,
said that if Proposition
187 had
been implemented--excluding young illegal immigrants from public schooling,
hospitals and
other
services--these young people would not face this bottleneck because they
never would have
made it
this far.
"The social and economic costs of illegal immigration have already been
catastrophic to America,"
Spencer
said.
"Wouldn't it be better if these bright people were back helping their country
of origin? We don't
want to
strip-mine every country of their best and brightest."
Not all the children are from illegal immigrant families, experts say.
Matt Tallmer, spokesman for the American Immigration Lawyers Assn. in Washington,
said many
parents
of the undocumented young people are legal residents who erroneously assumed
their status
automatically
covered their children. Others are the adopted children of American-born
parents who
assume
their citizenship automatically extends to their adopted children.
For most of these young immigrants, the clock is ticking. Their 18th and
21st birthdays are legal
deadlines
that, once passed, make it much harder for them to obtain legal status.
If they are caught with fraudulent documents or convicted of a felony,
they lose their chance for
legal
status.
Before 1996, it was much easier to resolve such cases, experts say. Back
then, a judge had
discretionary
authority to grant a green card, allowing people to work and remain permanently
in the
United
States. This applied to any illegal immigrant who had been here for seven
years and could
demonstrate
"good moral character" and extreme hardship, INS spokesman Dan Kane said.
Stiffer Standards Since 1996 Law
The 1996 Illegal Immigration and Immigrant Responsibility Act brought stiffer
standards. Children
now must
be able to prove that they have been here at least 10 years and demonstrate
that their
deportation
would inflict "extraordinary and unusual" hardship on their parents, spouse
or children.
The stricter rules left young people such as Tony Lara out in the cold.
Lara's family fled the Salvadoran civil war when he was 10. Lara's mother,
like Cuban castaway
Elian
Gonzalez's, died coming to the United States. He heard that she drowned
while crossing the
border,
or more disturbingly, was murdered. His father was deported for dealing
drugs, leaving Lara
and his
sister alone.
Lara's sister was quickly adopted by an Irish immigrant and his family.
Lara, then 12, was
abandoned
by a series of relatives. He ended up in a rat-infested storage garage
with some friends.
Somehow,
he also became a state wrestling champion at El Camino High School.
"I used to hide it really well. Everybody thought I lived with my family,"
Lara said. "I only told
people
who I really trusted."
One of them was his coach, Terry Fischer. Fischer already knew several
families who had taken in
unaccompanied
immigrant children. So he invited Lara to live with his family.
"He was such a good kid, and he had no place to go," Fischer said. "We
lose so many kids like
this through
the cracks, kids who don't make it or get killed. I guess I can never run
for president
because
I have an undocumented alien living with me."
The Fischers tried to register Lara as a foster child or adopt him. They
say authorities told them
they were
harboring an illegal immigrant and subject to a $200-a-day fine.
In January, U.S. Sen. Dianne Feinstein (D-Calif.) introduced private immigration
bills to grant
permanent
resident status to Lara and to Guy Taylor, an orphaned Canadian who lives
with his
grandmother
in Garden Grove.
There are 90 private immigration bills pending before Congress, including
a bill to give Elian
Gonzalez
U.S. citizenship.
The efforts to deal with such cases have their roots in the Cold War, when
the federal government
permitted
immigration from regimes hostile to the United States, such as Cuba and
Nicaragua, but
threw
obstacles in the way of immigrants from friendly nations, such as El Salvador
and Guatemala.
Now many immigrants, such as Rigoberto, 23, stand a good chance of legitimizing
their status
through
the Nicaraguan Adjustment and Central American Relief Act, known as NACARA.
Among
other
things, the act allows tens of thousands of Salvadoran and Guatemalan asylum
applicants who
have been
here since 1990 to apply for permanent residency. But applicants must make
it through a
thorny
thicket of legal regulations to qualify--and many fall through the cracks.
Rigoberto--his middle name--began his senior year at UCLA in deportation
proceedings. He said
officials
told him that because the war in El Salvador was over, his political asylum
application had
been turned
down. Because his family brought him to California in 1988, he is applying
for permanent
residency
under the relief act.
But his pending status makes him ineligible for federal education aid,
so financing college has been
a four-year
struggle. He took semesters off to earn money to pay for the next semester.
He took out
bank loans.
"I could end up going to medical school or I might get deported," he said.
"It's pretty much like
being
in limbo."
Many young immigrants in the lurch will be able to formalize their status
if Congress amends the
relief
act to give Haitians and other Central Americans benefits similar to those
of Cubans and
Nicaraguans.
Life Could Be Transformed
Supporters want to attach the parity amendment, along with the new amnesty,
to legislation to
increase
the number of visas for high-tech workers--which is expected to come up
in Congress
sometime
in the next few weeks.
Jaime, a Cal State Northridge student, is one of those whose life could
be transformed if the
legislation
passes, and he was among the Los Angeles advocates who traveled to Washington
last
week to
urge its passage.
A soft-spoken and articulate 22-year-old, Jaime came from El Salvador in
1991.
Now completing his junior year, he has already done paid research on AIDS
and cancer at
Northridge
and UCLA. He wants to earn a doctorate in biochemistry.
But he arrived a year too late to apply for legal status on his own under
the immigrant relief act and
turned
21 before his mother was granted permanent residency. INS officials say
his mother could still
apply
for a visa on his behalf--but that could take five or more years, and he
would have to leave the
country
in the interim.
Now he's here on a work permit tied to a pending asylum application. Experts
familiar with his
asylum
claim believe it probably will be denied.
Since he can't receive college loans and financial aid, Jaime works nearly
full time to pay school
fees of
$1,000 a semester. A single chemistry book cost him $119.
Officials say there are many such stories out there. Los Angeles Community
College District
officials
say that one reason more qualified low-income students don't apply for
financial aid is because
some are
illegal immigrants.
Experts say the scope of the problem will grow as more immigrants come
to the United States.
"These kids face enormous psychological problems," immigration expert Passel
said. "It strikes me
as very
wasteful to have invested in kids who are ready, willing and able to make
contributions to the
larger
society, and we won't take them. American society is relegating them to
a second-class,
underground
existence."