The Bumpy Road to Victory

Rivers of tears formed on my cheeks as my counselor explained my situation to me. It was the year 2006, my family had illegally migrated to the United States 10 years earlier, and I was starting my freshman year of high school in the small Texan town of Weslaco. My father and mother wanted better lives for my younger sister Dulce and I, so they decided to cross over to the “Promised Land.” My family crossed the Rio Grande River on a chilly September night. I remember walking for hours until we were picked up by a cousin at a nearby gas station. I was only six years old at the time and even though I was very young I somehow knew that my life had just changed dramatically.

My father was an alcoholic, and because of our “situation” his alcoholism only got worse. Sometimes he would come home so mad that he would just beat my mother while I just watched helplessly because I was so terrified of him. I cried so much every time I saw him beat her because I loved her so much, and I felt like such a coward. My poor mother never pressed charges for fear of deportation. This was my everyday life, constant fear.

I sat in that small cushion chair in front of my high school counselor as she explained that without a Social Security number I was not able to apply for college. Even though I knew I was in the U.S. illegally I never thought that it meant I was going to be prevented from pursuing higher education. My counselor explained that even if a college did accept me without a Social Security number, it would just be too expensive for me since I did not qualify for financial aid. From that day forward, my perspective on my future changed completely. Being in high school and a teenager did not help at all. Feeling trapped in a life that I didn’t choose, I started acting up a lot in school. I just didn’t care anymore. I would ask myself, “Why does it matter?”

One afternoon my little sister Paula thought it would be funny to play a prank on me. That same day my father was drunk. Again. Paula told my dad I was smoking weed, after my dad confronted me about it, he kicked me out of the house. Stranded, I ended up staying at a friend’s house for a week. My parents had apparently called the police and told them I had run away; they classified me as a “Runaway Child” which is almost the same as being called a “Delinquent.” After the police brought me back home I knew things were going to be bad. I expected my dad to beat me so hard he would put me in the hospital. My legs quivered as I walked up my drive way. I saw my parents sign some papers the officer gave them, and then he got in his police car and drove away. How ironic, I thought, as I read the words “To Protect and Serve” in bold black letters on the side of the car grow smaller and then vanish around the corner.

My father screamed at me about how worried he was that I had left the house. Every time I tried to explain how he had kicked me out, he would only yell louder about how I was ruining my life. I cried to him how it just didn't matter anymore what I did with my life because I wasn't going to actually have one. I told him I didn't have a chance at college and that I was bound to work at an under-the-table-job for the rest of my life. My father’s “Promised Land” had nothing promising for me. As I sat on my bed drowning in my tears me, my father asked what I wanted in life. I told him I wanted to go to college. I wanted a degree in medical science. I wanted a decent job that could support me. I wanted a better life.

My father stood there motionless. When he finally did move he sat next to me. At that moment, my father made what must have been the most difficult decision in his life. He asked me if I wanted to go live with Jessica and her husband Stephen. Both were old friends of my family and were in a better position to care for me than my own parents. I knew I had a better chance of going to college if I went to live with them. That same day I called Jessica and Stephen and told them my situation and without hesitation they took me in. My parents and Jessica and Stephen signed the Custody Agreement and the next week I was on a plane from McAllen, Texas to Philadelphia, PA.

Arriving in the big city, I was astonished at everything around me—so many huge buildings, so many people. A couple of weeks later I started public school in Philadelphia where I discovered the meaning of the “urban language.” Everything seemed to be going well, I had great friends, a nice family to live with and my track career was at its peak. That's when colleges started noticing me. I couldn’t believe it, but colleges were actually recruiting me. That's when Jessica and Steven decided to get parental rights over me and help me get my permanent residency.
Jessica called a lawyer and explained my situation to them. The lawyer said that based on my past living experiences with my family in Texas, I would qualify for Special Immigrant Juvenile Status (SIJ). The first step in the procedure was for my parents to relinquish their parental rights, meaning that I was essentially “abandoned” and “dependent.” By relinquishing their parental rights I was able to be placed in the care of American citizens and declared dependent by the court. Later, I had to take a Bio-test and had to get my fingerprints taken and after several months and a lot of work I received my green card. That was a glorious day for me. I finally qualified for health care. I quickly applied for my social security number, and in about five weeks my Social Security card arrived in the mail. With my social security number I can finally acquire my driver’s license, apply for college and qualify for financial aid. Now, I am getting ready to graduate from high school and I am heading to college. I see a very bright future now.

Before, all I could see in front of me was a giant wall. I was feeling like I had no future. I couldn’t see past the wall. Now things are so much better for me. The wall is no longer an obstacle in front of me. Now, I am perched on top of the wall and I can see my potential. I know it is up to me to make something out of myself. I will be starting college this fall and soon I will have a proper job. I love knowing that I will succeed.

Alarming Effects of Local Immigration Enforcement Trigger Congressional Hearing IPC Lauds House of Representatives' Inquiry into 287(g) Program

April 1, 2009
Washington, DC - Tomorrow, two House Judiciary Committee's Subcommittees will be holding a joint hearing on the 287(g) program at 10 a.m. in the Rayburn House Building, Room 2141. The following is a statement by Angela Kelley, Director of the Immigration Policy Center (IPC) in Washington, DC.

"The Immigration Policy Center (IPC) applauds Chairman Conyers, Chairwoman Lofgren, and Chairman Nadler for bringing desperately needed attention to the problematic and controversial 287(g) program.

The 287(g) program - in which local law enforcement establishes a partnership with Immigration and Customs Enforcement (ICE) that allows them to enforce immigration laws locally - has grown over the last several years. Yet, as recent reports by Justice Strategies and the University of North Carolina and the ACLU point out, a growing array of alleged civil rights infractions and incidences of racial profiling have come with the program's expansion.

The Government Accountability Office (GAO) took a look at the program and found that ICE provides little guidance and oversight of the program, and inconsistently articulates the objectives of the 287(g) program and the authority it grants to local law enforcement. While the 287(g) program is intended to target violent criminals and threats to the community, police have allegedly engaged in racial profiling and used their authority to arrest immigrants with no criminal records - clogging local jails and taking resources away from finding dangerous criminals. Meanwhile, trust between the police and communities is eroding, and in several cases, U.S. citizens have been detained - and even deported.

Americans need police to protect communities not check papers. Rather than loading local police with federal responsibilities, Washington needs to enact immigration reform that secures our borders, legalizes undocumented workers, and re-establishes a coordinated intergovernmental immigration strategy so that local law enforcement can focus its attention on real criminals rather than economic migrants. State governments have spent the past few years jerry-rigging the immigration system locally - the time has come for leaders in Washington to address the problems with our immigration system fairly and comprehensively."

More Information from the Immigration Policy Center:
Local Enforcement of Immigration Laws through the 287(G) Program ( IPC Fact Check)
Moving Beyond the Failed Immigration-Enforcement Legacy of the Bush Era (IPC Blog Post)The Obama Opportunity on Immigration Enforcement (America's Voice Report)

MYTH: Training Local Police to Enforce Immigration Law Will Make our Communities Safer

Restrictionists often prescribe this mythological solution to the mythological problem of high crime rates among immigrants. But, it's far from the truth! But, before you throw your hands up in defeat when you hear someone repeat it, consider responding with these quick mythbusting facts!FACT: Engaging in 287(g) programs can be costly to the local police department. Three months after Arizona Sheriff Joe Arpaio of Maricopia County partnered with ICE, the office had created a $1.3 million deficit. By the end of the first month of the partnership, deputies began working 4,500 extra hours every two-week pay period (compared to 2,900 extra hours previously). In April 2007, deputies worked more than 9,000 overtime hours at a cost to the county of $373,757.FACT: Staffing the immigration beat pulls police officers away from their other duties. In Maricopa County in 2006 and 2007, patrol cars arrived late two-thirds of the time on more than 6,000 of the most serious calls for service. In order to staff the immigration team, Sheriff Arpaio pulled deputies off patrol beats and used them to staff the human-smuggling unit. Every patrol district, the trails and lake divisions, and central investigations bureau all lost deputies. Armed with fewer deputies, the districts’ response times to emergency calls increased.More mythbusting facts on this issue can be found in the IPC's Immigration Fact Check entitled "What Happens When Local Cops Become Immigration Agents?"

http://www.immigrationpolicy.org/images/File/factcheck/AZTribuneSeries8-6-08.pdf

MYTH: Immigrants Send All Their Money Back to Their Home Countries

FACT: While it is true that immigrants remit billions of dollars a year to their home countries, this is one of the most targeted and effective forms of direct foreign investment.

FACT: In addition to the consumer spending of immigrant households, immigrants and their businesses contribute $162 billion in tax revenue to U.S. federal, state, and local governments.

More mythbusting facts on this issue can be found in Immigrants have enriched American culture and enhanced our influence in the world, an article from the CATO Institute.

Maintaining America’s Global Competitiveness in a Time of World Economic Crisis

WASHINGTON, DC -- America's economy is in a tailspin. As our nation struggles to reverse the downward spiral and get back on course, America's H-1B program has come under fire. And when H-1B's are discussed, emotions run high. Recent articles have targeted the program as 'anti-American" and "unpatriotic," but what exactly is America's H-1B program designed to do? Let's set the record straight!

The H-1B program is a long-standing part of our nation's business immigration system. It was developed to give U.S. employers access to highly skilled, professional foreign talent (often students who have been educated here in U.S. universities) for up to six years and as a means for U.S. companies to stay ahead in their respective global markets. Data proves that H-1B petitions track the economy. When hiring is down, the number of H-1B petitions goes down. The program is self-adjusting. However, when the economy improves, there is no corresponding escalator. Thus, during the boom years, businesses were hamstrung by a quota that did not take into account the needs of the international marketplace. The program remained capped at 65,000 visas per year for bachelor's degree positions, with another 20,000 for advanced degree holders who graduated from U.S. universities.

Now that the economy is not booming, judicious admission of international professionals is more important than ever. Where the program was used to fill in labor shortages that no longer exist, companies have stopped using H-1B workers in those occupations. But even companies that have been laying off workers need isolated, specific skills to better compete in the international marketplace and effect their own recovery. U.S. businesses MUST have access to specialty skills without having to locate operations outside the U.S. to obtain them. Otherwise, the entire nation's economic recovery will be severely hobbled.

There remain vital areas that require that our system make adequate provision for future needs. Studies have shown that over the next ten years, the U.S. may need two million more K-12 teachers in this country. We will also need 250,000 new math and science teachers by the end of 2010. Further, nearly 80 million baby boomers are expected to leave the workforce sometime soon. In 2004, the U.S. produced 137,000 new engineers, compared to China's 352,000. It is well-documented that America is well behind the curve in producing sufficient skilled professionals to make our country "tomorrow's center" for innovation. Recent economic events have not changed these facts; they have made it all the more important that we deal with them.

The H-1B visa category is used by universities, school districts, hospitals, research organizations, and businesses competing in our global marketplace to fill needed specialty occupations. "Let's say a school district in rural Iowa or in poor urban area of Chicago needs a math or science teacher to help students be prepared to compete and innovate in our global economy," said Charles H. Kuck, President of the American Immigration Lawyers Association (AILA). "Does it really make sense for our children to go without, or should we encourage the entry of qualified educators from abroad? What about our research institutions developing new medical cures or our hospitals trying to care for an increasingly large aging population? We have to recognize that while not a panacea, the H-1B visas program, when used according to law, provides a critical resource to help drive our future economic success."

Hiring the H-1B professional seems like a good solution so long as the reason for lack of interest by U.S. workers is not low pay and as long as protections are in place to ensure that qualified U.S. workers are not replaced by foreign labor. In fact, H-1B regulations require that workers on these visas are paid the HIGHER of the prevailing wage or the actual wages of comparable U.S. workers within the company. This wage protection insures that H-1B professionals are not used as "cheap labor. In addition, H-1B regulations do not allow a company to use the H-1B category to break a strike or lockout - or to replace U.S. workers laid off the same job," Kuck stated. "In other words," Kuck noted, "protections against those abuses already are in the law."

In addition to the wage protections in the law, the fact is that H-1Bs cannot be "cheap labor." H-1Bs are hired at a high transaction cost. The government charges most employers $2,320 per application, on top of the additional legal and human resource expenses that come with an H-1B hire. Also, if the H-1B worker is fired, the employer must buy his plane ticket home-an often expensive proposition.

To put the impact of H-1B professionals in perspective, with a U.S. workforce of about 145 million, the new H-1B allotment each year accounts for less than one-tenth of one percent of the U.S. workforce.

Enforcement of the H-1B protections and requirements is critical to create a level playing field for employers and employees alike, which is why part of the fees paid by H-1B sponsoring employers are used to fund the enforcement of the H-1B regulations, as well as training programs for U.S. workers. Penalties for failing to comply with the labor protections of the H-1B category as to wages, posting requirements, etc. include a provision that a company may be barred from serving as an H-1B petitioner in the future. The typical legally compliant company uses the H-1B category because it needs skilled professionals to enhance competitiveness. This need continues in specific specialty niches in our economy, even when economic times are tough.
What is the predictable result of a reduction or loss of the H-1B category? Companies will be forced to locate overseas, where a high skilled worker pool is available, or outsource needed labor. "We need an H-1B reality check," said Kuck. "The simple solution is not cutting off an aid to our economic independence, but instead continuing to use legal immigration tools that help us improve our children's and our country's future."

Stimulus Bill Passes House Vote With H-1B Restrictions

The House of Representatives today passed the American Recovery and Reinvestment Act of 2009 (H.R.1), a multi-billion dollar set of spending and tax cut programs to help jumpstart the economy. The legislation now moves to the Senate, were Democratic leaders hope to bring it to a vote this evening. Unfortunately, the legislation includes the Sanders H-1B amendment which saddles TARP fund recipients with strict regulations for hiring foreign workers under the H-1B program that are so cumbersome as to amount to an out-and-out prohibition.

The American Immigration Lawyers Association was highly critical of the Sanders amendment, saying Congress "chose political expediency over sound policy by allowing this amendment to stand." AILA President, Charles H. Kuck, said it sends the misguided signal that "immigrants are part of the problem rather than an integral part of the solution." AILA cited the following two reports to counter the logic of the Sandres amendment, which I thought were worth including here.

The Harvard Business School published a working paper in 2008 entitled "The Supply Side of Innovation: H-1B Visa Reforms and US Ethnic Invention" which garnered some attention this week. The study draws a direct correleation between the increase of U.S. patent filings for new inventions and the increase in the number of H-1B visa admissions.

A March 2008 National Foundation for American Policy report entitled "H-1B Visas and Job Creation" proports that for every H-1B position requested by an S&P 500 U.S. technology company, overall employment at the company increased by five workers. The report also found that among companies in the study sample experiencing layoffs, for every H-1B position requested, total employment was estimated to be two workers more than it otherwise would have been.

ASPIRA of Delaware begins its 4th year of service.

ASPIRA of Delaware brings the national ASPIRA youth development and youth leadership initiatives to Delaware. ASPIRA’s successful, highly regarded programs develop self-esteem and leadership skills, enhance academic achievement, and foster cultural awareness and a commitment to community service.

For the last three years ASPIRA of Delaware has been working with Hispanic students from the greater New Castle County. In 2005 we initiated a pilot program, ASPIRA Saturday Academies, ASPIRA worked with 22 Hispanic New Castle County high school students who were interested in attending college, but had little to no chance of getting into college. ASPIRA volunteers worked with the students every Saturday through the fall, involving colleges and universities. Eighteen students completed the program and are attending college, many with scholarships and tuition assistance. Given the success of that pilot we have now formalized the ASPIRA Saturday Academy Program, which has helped approximately 80 students, gain access to colleges and universities and our college placement rate is almost 85%. During the last three years we held our sessions at Del Tech Community College in downtown Wilmington.

So what is new is that we are now being hosted at the University of Delaware, Newark Campus and have 40 students registered to benefit from the ASPIRA Saturday Academy Program.

Our academy program focuses on providing high school senior and graduates with a firm understanding of the overall admissions process and the requirements necessary to gain admission. We work with each student individually to gain an understanding of his or her strengths and abilities. This enables us to coach and advise them and to determine what colleges and universities are best suited for them given their academic capability and interest. We provide a series of workshops, career presentations, college visits along with a writing laboratory to assist the students in the completion of essays both for college admission and scholarship consideration. We also have been most successful in engaging parents to become involved and provide them with periodic updates on their students’ progress, coping skills and general information that will guide them to become more savvy with the overall college and financial aid process.

All of ASPIRA of Delaware’s work is done by volunteers. ASPIRA of Delaware has no paid staff. Our volunteer coaches (advisors) include Hispanics with a passion for education and a commitment to the educational and leadership needs of Hispanic students and parents. We are physicians, educators, attorneys, government officials, businesspersons, parents, and community volunteers with a strong history of leadership and community involvement. We have increased the number of coaches each year through personal recruitment, paying particular attention to individuals’ expertise, talent, availability and commitment.

To learn more about the ASPIRA Academy Sessions please contact Margie Rivera at 302-377-8657 or e-mail her on margaret.rivea75 AT yahoo.com

The ASPIRA web site is http://www.aspira.org/

The Academy sessions take place on selected Saturdays at 9:00am at Pearson Hall, Room 114 on the University of Delaware Newark Campus.