In light of all the celebrating regarding Obama's proclamation that the government will be reviewing all current deportation cases and granting worker's permits to qualifying immigrants I wanted to take some time to explain what it means to have a worker's permit. I feel this will be helpful information to the thousands of immigrants who will--hopefully--gain a workers permit over the next few month as a result of this new policy. There are certain things a worker's permit entitles an immigrant to; and certain things it doesn't. I don't want to rain on anybody's
parade but I feel it is better to be armed with knowledge rather than just optimism.
My husband has had a worker's permit for years while he has fought his case in the U.S. immigration judicial system. It was granted to him as part of the fees he had to pay to file his appeals. Now, because he cannot be deported and we no longer have any legal avenues left to fight his deportation, he has to apply for a worker's permit every year that he resides in the U.S. This is quite costly and is currently over $400.00 a year. The government reserves the right to increase these fees at anytime. Most years that Khalid has filed for a worker's permit the fee has gone up.
According to the DHS officer who handles Khalid's case, an immigrant who has a worker's permit shows up as having the same status as a citizen in the government's e-verify system. Theoretically speaking that seems to be a positive situation. However, whenever Khalid has applied for another job--unless it's a retail position--the employer always asks if he is a U.S. citizen. Khalid tells the truth and says no. Then comes the inevitable questions..and to make a long story short he is never called back for an interview.
Luckily, my husband already has a stable job as an electrical technician and they are well aware of his immigration status. However, he is not fairly compensated for his electrical knowledge or degree and could get paid a substantial sum more if he could find another job in electrical engineering. In order to make ends meet he has to work two jobs: one as an electrical tech and another in a retail store.
To make a long story short a worker's permit oftentimes only allows an immigrant to procure a very low wage job. It is, in no way, akin to having a green card. Most employers nowadays only want to hire a green card holder, or a citizen. Activists cannot rest until our immigrant friends and family are given an adjustment of status. Anything else is essentially a waste of our time.
Showing posts with label Homeland Security. Show all posts
Showing posts with label Homeland Security. Show all posts
Saturday, August 20, 2011
Sunday, May 22, 2011
After the Rapture
Well...here I am blogging as another summer approaches. It is also the day after the Rapture, and as far as I can tell, the only thing that has been Raptured is my checking account balance--oh yeah, and my patience with the immigration system. Ho-hum...
Even though it has been many months since I last blogged, not much has occurred in my husband's case. About the only thing we have learned is that his adjustment of status has been denied along with the waivers. Interestingly enough we never received a denial in the mail for the waivers-- although Khalid's Deportation Officer conveniently had the denial in her hands when we visited Homeland Security in March. Of course, as is customary in this labyrinth of immigration bureaucracy, there was no reason given for the denial. Even the Deportation Officer found it curious that no reason was given since legally a reason has to be given.
To get specific information about the reason for denial the Deportation Officer advised us to make an inquiry at the local immigration services center in Albany--which we did. We made an appointment and the people there told us we would need to make a formal written inquiry to the main processing center (in Nebraska if I remember correctly.) We did what they told us.
After a few weeks we received a written reply from the Nebraska processing center stating that they did not have the information and that we would need to go back to the Albany office to get the reason! Ugh! So, basically we are just getting the run around. Now we have to make another appointment with the office in Albany and it looks like I am going to have to get assertive with these people. We can't consult a lawyer without having a reason for denial in writing!
I am so sick of these hoops that this damn immigration system makes people go through. This is all beyond mere bureaucracy and borders on complete ineptitude. Anyone who denies that the American immigration system is broken and dysfunctional please tell them to contact me and I will put them straight!
What I really wish was Raptured yesterday was the whole damned immigration/ immigration judicial system in the United States!
Even though it has been many months since I last blogged, not much has occurred in my husband's case. About the only thing we have learned is that his adjustment of status has been denied along with the waivers. Interestingly enough we never received a denial in the mail for the waivers-- although Khalid's Deportation Officer conveniently had the denial in her hands when we visited Homeland Security in March. Of course, as is customary in this labyrinth of immigration bureaucracy, there was no reason given for the denial. Even the Deportation Officer found it curious that no reason was given since legally a reason has to be given.
To get specific information about the reason for denial the Deportation Officer advised us to make an inquiry at the local immigration services center in Albany--which we did. We made an appointment and the people there told us we would need to make a formal written inquiry to the main processing center (in Nebraska if I remember correctly.) We did what they told us.
After a few weeks we received a written reply from the Nebraska processing center stating that they did not have the information and that we would need to go back to the Albany office to get the reason! Ugh! So, basically we are just getting the run around. Now we have to make another appointment with the office in Albany and it looks like I am going to have to get assertive with these people. We can't consult a lawyer without having a reason for denial in writing!
I am so sick of these hoops that this damn immigration system makes people go through. This is all beyond mere bureaucracy and borders on complete ineptitude. Anyone who denies that the American immigration system is broken and dysfunctional please tell them to contact me and I will put them straight!
What I really wish was Raptured yesterday was the whole damned immigration/ immigration judicial system in the United States!
Monday, March 22, 2010
Reclaiming a latent talent
I’ve always been known for being an expert sleeper. When I was a child I could literally sleep in any position, sitting up, on my head, scrunched up in a doll’s crib, and even upside down. I could fall asleep in the car, amongst a loud group of people and while listening to heavy metal music. Nothing-- I repeat nothing-- would get between me and a good night’s sleep. (or a good nap)
It hasn’t been until recently, that I’ve become aware of how my talent for sleeping has been compromised. Since about 2006, when I became aware of Khalid’s immigration situation, my penchant and talent for sleep has gone awry. It’s not that I have shunned practicing. On the contrary, I was horribly distraught and tired most of the time. As a result I coveted the peace that sleep time brings.
But apparently, when the chores of the day were completed, and my head hit the pillow, I was unable to quiet my mind. I incessantly obsessed over the dark tidings the future had in store for us. It seemed it was fated that my husband and I would be separated and every night was spent wondering whether this would be the last night we would spend together.
I have spent four years worth of unrelenting and merciless nights-- tossing and turning, pondering, anticipating and surmising the worst. I have caught only the briefest glimpses of the ever-flickering fragments of my nightmares because I would awake intermittingly throughout the night.
I was exhausted, annoyed, anxious and angry most of the time. The worst part of all is—I didn’t know it. I thought--despite the circumstances—that I was doing fine.
I didn’t know any different until the last visit we made to Homeland Security and the Deportation Officer admitted they could not obtain the travel documents to India. That night I slept like the dead. There was no tossing, no turning and no waking up during the night.
In fact, every night since that day I have known nothing but peace during the night. Besides having my husband by my side, peace is the most valuable element in my life.
Oh--and also the satisfaction of reclaiming a latent talent...
It hasn’t been until recently, that I’ve become aware of how my talent for sleeping has been compromised. Since about 2006, when I became aware of Khalid’s immigration situation, my penchant and talent for sleep has gone awry. It’s not that I have shunned practicing. On the contrary, I was horribly distraught and tired most of the time. As a result I coveted the peace that sleep time brings.
But apparently, when the chores of the day were completed, and my head hit the pillow, I was unable to quiet my mind. I incessantly obsessed over the dark tidings the future had in store for us. It seemed it was fated that my husband and I would be separated and every night was spent wondering whether this would be the last night we would spend together.
I have spent four years worth of unrelenting and merciless nights-- tossing and turning, pondering, anticipating and surmising the worst. I have caught only the briefest glimpses of the ever-flickering fragments of my nightmares because I would awake intermittingly throughout the night.
I was exhausted, annoyed, anxious and angry most of the time. The worst part of all is—I didn’t know it. I thought--despite the circumstances—that I was doing fine.
I didn’t know any different until the last visit we made to Homeland Security and the Deportation Officer admitted they could not obtain the travel documents to India. That night I slept like the dead. There was no tossing, no turning and no waking up during the night.
In fact, every night since that day I have known nothing but peace during the night. Besides having my husband by my side, peace is the most valuable element in my life.
Oh--and also the satisfaction of reclaiming a latent talent...
Thursday, March 4, 2010
Another trip to Albany
This past Monday we travelled once again to Albany New York and paid a visit to the office of Homeland Security. After being kept waiting for hours during some of our previous visits we decided that we weren't ever going to give them the opportunity to detain us for an entire day--so we now arrive around 2:00-3:00 PM. That gives Homeland Security only 1-2 hours of our time to waste before the office closes at 4 in the afternoon.
We were not left waiting very long on this particular visit. After only about 10 minutes Khalid's deportation officer came out. Curiously, she came right out and sat opposite us in the waiting room. She usually meets us in the waiting room, however, it was curious that she sat down. Normally she stands up when she speaks to us.
She seemed very relaxed and spoke in a casual manner. She told us that there were no new developments. They haven't procured the travel documents and it was unlikely that they would. She even added that the Indian consulate won't even return her phone calls. I thought it very curious that she divulged that bit of information.
She asked about Khalid's work permit and he mentioned that he had received it. Then she turned to me and started asking me about my work. I wasn't inclined to maintain a long conversation--why? Well..because conversing with a deportation officer is akin to speaking to a police officer while you are under arrest: "anything you say can and will be held against you..." It's best to keep answers short and sweet.
Another curious thing occurred at the end of the meeting. She told us that if it was necessary, to come back in six months. Then she warmly shook my husband's hand and then my hand and said take care.
We were both shocked because she had never shook our hands before but had always maintained a professional, assertive and detached demeanor. My husband and i spent a substantial portion of the drive back to Utica contemplating these strange happenings. We both agreed it felt as if she was saying goodbye--but why?
Was she planning on leaving Homeland Security? It is no secret that employees who work for Homeland Security have low job satisfaction.
Are they going to be transferring Khalid to a Syracuse office? She has mentioned that its a possibility that a DHS/ICE office may be opening up in Syracuse.
Or does she have an inclination that the waiver may be approved? She did mention that the excludability waiver has the best chance of being approved.
We will just have to wait to find out. In the meantime Khalid and I will look forward to the upcoming Summer season without having to fear separation. That is a blessing beyond measure!
We were not left waiting very long on this particular visit. After only about 10 minutes Khalid's deportation officer came out. Curiously, she came right out and sat opposite us in the waiting room. She usually meets us in the waiting room, however, it was curious that she sat down. Normally she stands up when she speaks to us.
She seemed very relaxed and spoke in a casual manner. She told us that there were no new developments. They haven't procured the travel documents and it was unlikely that they would. She even added that the Indian consulate won't even return her phone calls. I thought it very curious that she divulged that bit of information.
She asked about Khalid's work permit and he mentioned that he had received it. Then she turned to me and started asking me about my work. I wasn't inclined to maintain a long conversation--why? Well..because conversing with a deportation officer is akin to speaking to a police officer while you are under arrest: "anything you say can and will be held against you..." It's best to keep answers short and sweet.
Another curious thing occurred at the end of the meeting. She told us that if it was necessary, to come back in six months. Then she warmly shook my husband's hand and then my hand and said take care.
We were both shocked because she had never shook our hands before but had always maintained a professional, assertive and detached demeanor. My husband and i spent a substantial portion of the drive back to Utica contemplating these strange happenings. We both agreed it felt as if she was saying goodbye--but why?
Was she planning on leaving Homeland Security? It is no secret that employees who work for Homeland Security have low job satisfaction.
Are they going to be transferring Khalid to a Syracuse office? She has mentioned that its a possibility that a DHS/ICE office may be opening up in Syracuse.
Or does she have an inclination that the waiver may be approved? She did mention that the excludability waiver has the best chance of being approved.
We will just have to wait to find out. In the meantime Khalid and I will look forward to the upcoming Summer season without having to fear separation. That is a blessing beyond measure!
Saturday, August 29, 2009
A Biometrics appointment
We did it! We got through the biometrics appointment! It was really quite simple, painless and fast! The worst part is getting up so early in the morning. It is one hours drive to Syracuse, New York so we had to be up at 6AM at the latest!
Well... we actually got up at 6:20PM. Basically, it was every man...and woman for himself as we zipped around the apartment getting ready.
Thank goodness for GPS! We found our way to the federal building on Warren street and amazingly, got there on time.
Of course, the building was closed when we got there yet there were people waiting in line. At least the doors did not have bolts on them. It's amazing how the absence of one little detail can make you feel at ease!
I would have posted a picture of the building but it is "forbidden" (i.e. illegal) to take any pictures of the outside or inside of any Homeland Security office. Interesting....
Bioimetrics is such a curious term. Khalid joked that they probably were going to inject him with a little microchip underneath his skin with GPS and surveillance capabilities. One wonders how long it will be before the government actually implements this. Apparently, "they have the technology." (insert cheesy Bionic Man music here.)
Actually, the appointment consisted of having his fingerprints taken, a photograph and his signature validated. His fingerprints will be scanned into a police database. They will compare his fingerprints to any found during unsolved investigations. This has already been done twice before, once when he was convicted of reckless endangerment in 1993-1994, and when he was detained in 2003.
While this was going on I was watching the various people come and go. There were at least three couples, all consisting of an American citizen and an immigrant. One couple was having an extremely hard time because the immigrant didn't have his birth certificate. Apparently, while coming over the border, an immigration official had confiscated it for some unknown reason. Now, the adjustment of status was put on hold waiting for a duplicate copy of the birth certificate and the official translation. There was no telling how long the duplicates would take! The couple was visibly and understandably frustrated and disheartened.
Immigration has most undoubtedly become a nightmare for all of us!
Well... we actually got up at 6:20PM. Basically, it was every man...and woman for himself as we zipped around the apartment getting ready.
Thank goodness for GPS! We found our way to the federal building on Warren street and amazingly, got there on time.
Of course, the building was closed when we got there yet there were people waiting in line. At least the doors did not have bolts on them. It's amazing how the absence of one little detail can make you feel at ease!
I would have posted a picture of the building but it is "forbidden" (i.e. illegal) to take any pictures of the outside or inside of any Homeland Security office. Interesting....
Bioimetrics is such a curious term. Khalid joked that they probably were going to inject him with a little microchip underneath his skin with GPS and surveillance capabilities. One wonders how long it will be before the government actually implements this. Apparently, "they have the technology." (insert cheesy Bionic Man music here.)
Actually, the appointment consisted of having his fingerprints taken, a photograph and his signature validated. His fingerprints will be scanned into a police database. They will compare his fingerprints to any found during unsolved investigations. This has already been done twice before, once when he was convicted of reckless endangerment in 1993-1994, and when he was detained in 2003.
While this was going on I was watching the various people come and go. There were at least three couples, all consisting of an American citizen and an immigrant. One couple was having an extremely hard time because the immigrant didn't have his birth certificate. Apparently, while coming over the border, an immigration official had confiscated it for some unknown reason. Now, the adjustment of status was put on hold waiting for a duplicate copy of the birth certificate and the official translation. There was no telling how long the duplicates would take! The couple was visibly and understandably frustrated and disheartened.
Immigration has most undoubtedly become a nightmare for all of us!
Friday, August 14, 2009
A Request from Homeland Security
We received a letter from Homeland Security yesterday. I was the "lucky" one to first spot it in our mail box because Khalid was working late. After a long day at work the last thing you want to see in your mailbox is something from The Department of Homeland Inefficiency. Surprisingly, they weren't as inefficient as I would have liked: we just filed the adjustment of status papers two weeks ago. Darn, why can't government agencies live "down" to their reputations?Just a mere glimpse of the Homeland Security logo filled my heart with trepidation. There's really no way to describe it. It's one of those things that unless you've been through it, you can't really understand the different levels of fear the human mind can conjure within a split second!
I get the same feeling when we go to the Homeland Security offices in Albany. All Homeland Security offices look like prisons. and of course, the militarized touch pad bolts on the doors don't exactly give the place a warm homey feel. I guess a hand embroidered welcome sign, a tea cozy and lace doilies are not staples in the Homeland Security yearly budget? 'Tis a shame...they get so much money might as well live it up a little.
My hands shook slightly as I reached for the "letter of doom". I was afraid they had decided to reject our adjustment request. So, I was relieved-- when Khalid came home and opened the letter-- to find they were only requesting additional information. Phew!!
They were requesting two things. One is to get some medical testing and vaccinations from a Homeland Security approved doctor. (I guess that Homeland Security sanctioned doctors are the only ones qualified to do such routine examinations--or, more likely,they are the only ones who can botch them up!)
The other request may be a trifle more problematic. They were requesting Khalid's birth certificate. When Khalid was born, India was not issuing birth certificates. Great! So now, Khalid has to prove that India did not issue birth certificates at that time, which shouldn't be difficult. DHS "should" already know that anyways.
Khalid has contacted his Father so he can sign a notarized statement about the lack of a birth certificate and stating that Khalid was born in India, when and where. Additionally, his brother is contacting the Indian embassy to see what they can provide. Ho-hum..there's tons more fun where that came from!
So, stay tuned to find out what else arises. Whatever it is, it will no doubt be an adventure!
Thursday, August 6, 2009
A Distinction Between Aliens
Few people realize that there exists a distinction in immigration law between different types of “illegal aliens”. The media tends to lump all aliens together. Not all aliens are created—or defined equally in the quagmire known as the U.S. immigration judicial system.
As a result of the contemporary wave of xenophobia all “illegal” aliens are criminalized-- even those immigrants who overstay their VISA’s which is legally considered a civil violation. James Sensenbrenner, a U.S. Representative explains in the following quote:
"...under current law, illegal entry into the United States makes an alien subject to a Federal criminal misdemeanor with a maximum penalty of 6 months in prison. However, unlawful presence itself, such as by overstaying a visa, is not a criminal offense, but only a civil ground of inadmissibility...
This distinction really doesn’t make a big difference because both violations are treated the same way in the courts and are likely to end in deportation. The only observable difference is that criminal violations can result in jail time-- which translates into wasteful spending of millions of taxpayer dollars.
Additionally, trials for immigrants, who commit both criminal and civil violations, follow the same scenario. Whether the immigrant has committed a civil or criminal violation they must come before an immigration judge in a separate court system run by the Department of Justice.
The immigration judge conducts the entire trial. He is judge, jury and executioner. The only other people within the room are the accused immigrant, and-- if the immigrant can afford one: an immigration lawyer. The immigration judge asks questions, determines whether the alien qualifies for some form of relief or asylum status. Otherwise, the deportation mandate is normally reinstated or is handed out.
There is no jury-- nor is legal counsel available for the immigrant unless the immigrant can afford one. Consequently, many immigrants are unable to afford legal counsel and are compelled to defend themselves. As imagined, this can be nearly impossible for an immigrant who doesn’t speak English or doesn’t understand American culture.
Additionally, immigration law is very complicated and changes constantly. Most Americans find it difficult navigating in the tumultuous seas of immigration law, imagine how impossible it would be for an immigrant to stay afloat?
Proceedings in immigration court are distinctly different than those conducted in criminal courts. Whereas there are certain safeguards put in place to protect the accused, no such protections are extended to immigrants. Basically, once the accused is charged with a criminal or civil violation of immigration law, it is up to the accused to prove they are innocent.
The idea of “innocent until proven guilty” does not apply in immigration courts. Furthermore, in the past, immigration judges were allowed some leniency in handing out deportation mandates, depending on individual mitigating circumstances. This is no longer true. Judges are now compelled by law to hand out deportations no matter what the circumstances are--unless the alien qualifies for some sort of relief. The granting of relief and the approval of asylum status is rarely meted out.
There has been a movement within conservative groups to make overstay a criminal violation as well. The following excerpt, taken from Deseret News in Utah on 12/30/2005 explains further:
"Right now, illegal aliens are in violation of immigration regulations. Freeway speedsters are bigger scofflaws. But to jack unlawful residency violations up to felonies shows not only callousness, but a lack of imagination on the part of lawmakers. It also displays a complete lack of understanding of the havoc the move will create. If the House has its way, when the student visa of a father of four from India expires, when a tourist from England overstays her welcome or a contracted worker from Colombia doesn't get his papers renewed on time, they become 'desperadoes' -- desperate criminals on a par with the thugs who rob liquor stores at gunpoint. Please. The only desperate souls here are the lawmakers who choose to throw good people in the clink and throw up their hands because they are bankrupt of ideas."
Making overstay a criminal violation poses many problems for lawmakers, not the least of which is determining where to house a substantial influx of more immigrant “criminals”. Maybe we should just reopen Alcatraz for all the immigrants who have suddenly been rendered “dangerous criminals” of the highest order.
It will be interesting to observe how these lawmakers are going to convince the American public to funnel millions of dollars for the jailing of these benign violators of immigration law.
Maybe a more creative solution is appropriate. Perhaps, we should just kick all the rapists, murderers and pedophiles out of our prisons and replace them with the dangerous, degenerate and blood thirsty throng known as “illegal aliens”. tsk tsk...
As a result of the contemporary wave of xenophobia all “illegal” aliens are criminalized-- even those immigrants who overstay their VISA’s which is legally considered a civil violation. James Sensenbrenner, a U.S. Representative explains in the following quote:
"...under current law, illegal entry into the United States makes an alien subject to a Federal criminal misdemeanor with a maximum penalty of 6 months in prison. However, unlawful presence itself, such as by overstaying a visa, is not a criminal offense, but only a civil ground of inadmissibility...
This distinction really doesn’t make a big difference because both violations are treated the same way in the courts and are likely to end in deportation. The only observable difference is that criminal violations can result in jail time-- which translates into wasteful spending of millions of taxpayer dollars.
Additionally, trials for immigrants, who commit both criminal and civil violations, follow the same scenario. Whether the immigrant has committed a civil or criminal violation they must come before an immigration judge in a separate court system run by the Department of Justice.
The immigration judge conducts the entire trial. He is judge, jury and executioner. The only other people within the room are the accused immigrant, and-- if the immigrant can afford one: an immigration lawyer. The immigration judge asks questions, determines whether the alien qualifies for some form of relief or asylum status. Otherwise, the deportation mandate is normally reinstated or is handed out.
There is no jury-- nor is legal counsel available for the immigrant unless the immigrant can afford one. Consequently, many immigrants are unable to afford legal counsel and are compelled to defend themselves. As imagined, this can be nearly impossible for an immigrant who doesn’t speak English or doesn’t understand American culture.
Additionally, immigration law is very complicated and changes constantly. Most Americans find it difficult navigating in the tumultuous seas of immigration law, imagine how impossible it would be for an immigrant to stay afloat?
Proceedings in immigration court are distinctly different than those conducted in criminal courts. Whereas there are certain safeguards put in place to protect the accused, no such protections are extended to immigrants. Basically, once the accused is charged with a criminal or civil violation of immigration law, it is up to the accused to prove they are innocent.
The idea of “innocent until proven guilty” does not apply in immigration courts. Furthermore, in the past, immigration judges were allowed some leniency in handing out deportation mandates, depending on individual mitigating circumstances. This is no longer true. Judges are now compelled by law to hand out deportations no matter what the circumstances are--unless the alien qualifies for some sort of relief. The granting of relief and the approval of asylum status is rarely meted out.
There has been a movement within conservative groups to make overstay a criminal violation as well. The following excerpt, taken from Deseret News in Utah on 12/30/2005 explains further:
"Right now, illegal aliens are in violation of immigration regulations. Freeway speedsters are bigger scofflaws. But to jack unlawful residency violations up to felonies shows not only callousness, but a lack of imagination on the part of lawmakers. It also displays a complete lack of understanding of the havoc the move will create. If the House has its way, when the student visa of a father of four from India expires, when a tourist from England overstays her welcome or a contracted worker from Colombia doesn't get his papers renewed on time, they become 'desperadoes' -- desperate criminals on a par with the thugs who rob liquor stores at gunpoint. Please. The only desperate souls here are the lawmakers who choose to throw good people in the clink and throw up their hands because they are bankrupt of ideas."
Making overstay a criminal violation poses many problems for lawmakers, not the least of which is determining where to house a substantial influx of more immigrant “criminals”. Maybe we should just reopen Alcatraz for all the immigrants who have suddenly been rendered “dangerous criminals” of the highest order.
It will be interesting to observe how these lawmakers are going to convince the American public to funnel millions of dollars for the jailing of these benign violators of immigration law.
Maybe a more creative solution is appropriate. Perhaps, we should just kick all the rapists, murderers and pedophiles out of our prisons and replace them with the dangerous, degenerate and blood thirsty throng known as “illegal aliens”. tsk tsk...
Wednesday, August 5, 2009
Like tip-toeing through a mindfield
Khalid and I have made a critical decision. We have decided to file the adjustment of status papers, and the excludibility waiver that should negate his inadmissible status. It has cost us over 1,500 dollars to file all these papers, but it may be our best--and last chance.
Despite the fact that we have gotten some contradictory information about Khalid's ability to file the waivers we are acting on our gut instinct. We have reason to believe that this might actually work. Perhaps, at a later time I will discuss the conclusions that we have come to that have prodded us to act. For now, lets just say that some of the pieces of this perplexing immigration puzzle have finally come into place.
Technically, and legally speaking he should be able to adjust his status with the filing of the excludibility waiver. Basically, this waiver states that he can adjust his status because it has been 15 years since his conviction for reckless endangerment. He has shown himself to be a good and moral individual and has lead an exemplary life since 1993.
I also have a compelling hardship waiver that uses medical, financial and personal statements that prove I would have profound hardships should my husband be deported from the United States.
Additionally, we possess an approved I-130 VISA petition which states that our marriage is bona-fide and allows Khalid back into the country should he be compelled to leave. This is important because we have been told this is one of the hardest documents to procure.
Today we received a notice from Homeland Security notifying Khalid of a Biometric appointment in Syracuse on August 27th at 8:00 AM. Biometrics sounds like a new aerobic routine but it is actually an appointment whereby Khalid's fingerprints and other vital statistics are documented. We may even be interviewed. This is a necessary step in the adjustment of status process.
After the appointment we may be left waiting for 6-7 months until they make a determination. Until that time we will be on pins and needles. It is entirely possible that they will deny the petition and waivers. In that case, we would be forced to reapply when-- and if-- Khalid is actually deported. Yes, that would mean the U.S. government would get an additional 1,500 dollars of our hard-earned money. Gotta love the capitalistic spirit!
The filing of the papers should stop any attempts at deporting my husband. I say "should" because we are dealing with the government, and basically, if they get it in their heads to do something--they find a way.
Because Khalid has an American wife, it should afford him some protections that other deportees do not enjoy. He has noticed some significant changes in how Homeland Security has treated him since being married to me.
But, in the mercurial winds of the U.S. immigration judicial system there is no way of knowing if any of this will do any good. During the entire duration of this precarious immigration situation it feels like we are tip-toeing through a minefield. We never know what small steps we take will result in explosions and detriment and what large leaps might lead to safety and freedom.
We are taking a gigantic leap of faith. What we need more than anything are prayers and good wishes...so please...add us to your prayers this week. Thank you!
Despite the fact that we have gotten some contradictory information about Khalid's ability to file the waivers we are acting on our gut instinct. We have reason to believe that this might actually work. Perhaps, at a later time I will discuss the conclusions that we have come to that have prodded us to act. For now, lets just say that some of the pieces of this perplexing immigration puzzle have finally come into place.
Technically, and legally speaking he should be able to adjust his status with the filing of the excludibility waiver. Basically, this waiver states that he can adjust his status because it has been 15 years since his conviction for reckless endangerment. He has shown himself to be a good and moral individual and has lead an exemplary life since 1993.
I also have a compelling hardship waiver that uses medical, financial and personal statements that prove I would have profound hardships should my husband be deported from the United States.
Additionally, we possess an approved I-130 VISA petition which states that our marriage is bona-fide and allows Khalid back into the country should he be compelled to leave. This is important because we have been told this is one of the hardest documents to procure.
Today we received a notice from Homeland Security notifying Khalid of a Biometric appointment in Syracuse on August 27th at 8:00 AM. Biometrics sounds like a new aerobic routine but it is actually an appointment whereby Khalid's fingerprints and other vital statistics are documented. We may even be interviewed. This is a necessary step in the adjustment of status process.
After the appointment we may be left waiting for 6-7 months until they make a determination. Until that time we will be on pins and needles. It is entirely possible that they will deny the petition and waivers. In that case, we would be forced to reapply when-- and if-- Khalid is actually deported. Yes, that would mean the U.S. government would get an additional 1,500 dollars of our hard-earned money. Gotta love the capitalistic spirit!
The filing of the papers should stop any attempts at deporting my husband. I say "should" because we are dealing with the government, and basically, if they get it in their heads to do something--they find a way.
Because Khalid has an American wife, it should afford him some protections that other deportees do not enjoy. He has noticed some significant changes in how Homeland Security has treated him since being married to me.
But, in the mercurial winds of the U.S. immigration judicial system there is no way of knowing if any of this will do any good. During the entire duration of this precarious immigration situation it feels like we are tip-toeing through a minefield. We never know what small steps we take will result in explosions and detriment and what large leaps might lead to safety and freedom.
We are taking a gigantic leap of faith. What we need more than anything are prayers and good wishes...so please...add us to your prayers this week. Thank you!
Tuesday, August 4, 2009
Memorial #2: Farouk Abdel-Muhti
Farouk Abdel-Muhti in detentionFarouk Abdel-Muhti was a Palestinian immigrant who made Queens, New York his home. He produced radio programs that were critical of American and Israeli foreign policies. He was also out of status.
Upon being arrested at his home in Queens by FBI officials in 2002, Farouk was transferred from various detention centers, jails and prisons across the country. Transferring detainees multiple times is a common procedure for the Department of Homeland Security. The excuse made for this bizarre behavior is the significant overcrowding in detention facilities. The scope of these harsh immigration laws has made existing detention facilities burst at the seems. It is not unusual for detention facilities, designed for 300 individuals, to house 700 or more.
Upon being arrested at his home in Queens by FBI officials in 2002, Farouk was transferred from various detention centers, jails and prisons across the country. Transferring detainees multiple times is a common procedure for the Department of Homeland Security. The excuse made for this bizarre behavior is the significant overcrowding in detention facilities. The scope of these harsh immigration laws has made existing detention facilities burst at the seems. It is not unusual for detention facilities, designed for 300 individuals, to house 700 or more.
But a more insidious reason may lurk beneath the surface. Moving detainees multiple times makes it harder for family members, friends or even lawyers to keep track of or visit the detainee. Relatives are not notified when their loved ones are moved and even attorneys are not made aware their client is now incarcerated two states over. Without the support of family members, friends and legal counsel it is more likely the detainee will be deported.
The rate of arresting and incarcerating illegal aliens has expanding much faster than the contractors can build new detention facilities. These new non-violent "criminals" are often housed in county jails and federal prisons alongside dangerous and violent felons.
The rate of arresting and incarcerating illegal aliens has expanding much faster than the contractors can build new detention facilities. These new non-violent "criminals" are often housed in county jails and federal prisons alongside dangerous and violent felons.
The following quote is taken from the book Targeted:Homeland Security and the Business of Immigration by author Deepa Fernandes:
"During his two-year detention, Farouk spent eight straight months in solitary confinement in a tiny York County jail cell with no light for twenty-three hours and fifteen minutes per day. He was subject to extensive interrogation and was often denied food. He stated publicly that he was repeatedly abused, physically and verbally. On the rare occasions he was allowed to visit a health clinic, Farouk was handcuffed and shackled. After two years and extensive pro-bono support from the Center for Constitutional Rights, a federal judge ordered that Farouk be deported, charged, or released. As with so many other cases, all the government could accuse Farouk of was being out of status--for which he was treated like a criminal of the worst order." (page 89 of Targeted by Fernandes)
Eventually, after significant pressure from supporters and the hard work of his lawyers, Farouk was released in 2004. He became a tireless activist speaking for social justice and human rights across the country.
Unfortunately,this is a memorial in the traditional sense because Farouk actually collapsed and died after giving a speech in Philadelphia about human rights violations in the U.S. and Palestine. Undoubtedly, the stress and abuse suffered within the various prisons and detention facilities he was held in eventually caused the heart attack Farouk suffered from on that fateful day. It is interesting to note that he was not treated for his heart condition the entire time he was in detention.
May we, who strive to follow humbly in his footsteps, never waiver in our determination to fight discrimination and racism wherever it exists. Whether is shows it's distorted face in distant lands or right here within the land of the "free"-- may we always have the courage to speak truth to power.
Sunday, August 2, 2009
Disposable bodies
Grace Chang wrote about the plight of undocumented woman immigrants in her book Disposable Domestics: Immigrant Women Workers in the Global Economy. She characterizes these woman as being disposable for several reasons. The most integral reason is that undocumented workers are necessary for the functioning of American society yet they are simultaneously cast aside for cheaper employees and then run out of the country.
Let me repeat that: undocumented workers are necessary for the stability of the American economy...
As a side note here: woman are particularly exploitable because of their subjugated status in society--yes, even our modern society. The fact that thousands of woman are assaulted, raped and killed in America every year attests to the fact that woman are still considered second class citizens. Furthermore, woman are still paid seventy cents to every man's dollar.
Why does the American economy need undocumented workers? America's economic system is capitalistic. Capitalism always needs surplus labor in order to expand. In capitalistic societies, in order for the consumerist machine to keep functioning it needs to keep a large pool of cheap, highly exploitable workers in the wings for future utilization.
Additionally, different segments of the working population are pitted against each other in an endless competition for the few jobs that are available. Sexism, racism and xenophobia are all societal ills that capitalism uses to its advantage.
This is evident with the observable increase of sexism and racism in economic downturns: like the one we are having now. This inherent competition allows capitalists to continually drive wages down for every worker.
Undocumented workers are the most exploitable and vulnerable workers in America. Employers do not have to offer any benefits, pensions, vacations, or health insurance to these particular employees. More importantly, employers of undocumented workers do not have to follow labor laws.
Additionally, undocumented workers do not get any government assistance in the form of social security benefits, welfare, food stamps, etc. The idea that undocumented workers drain funds from national coffers is a myth.
After the last round of so-called "immigration reform" in the mid 1990's all benefits were withdrawn from undocumented workers. Realistically speaking; undocumented workers prop up the American economy--they do not drain it dry.
Within this new super-capitalistic global economy, woman are not the only disposable bodies. Any black, brown or immigrant worker is also rendered disposable.
America needs to acknowledge its own role in the influx of undocumented workers into our borders and our contradictory attitudes toward them . On one hand we encourage the migration of illegal workers into our country simply because we can not afford to hire natives to do certain labor intensive and menial work. On the other hand we are persecuting the same people for residing and working illegally.
In addition, we need to hold ourselves accountable for the influence America holds within international lending institutions like the IMF and The World Bank. The lending policies of these institutions commonly undermine economic sustainability in developing countries. Many writers including Joseph Stiglitz, former head of The World Bank, has documented these abuses.
Consequently, many world citizens find themselves unable to provide the basic necessities for their families. They have no choice but to migrate to the centers of capitalism in order to survive. Many of them come here to America.
In conclusion, no human being is disposable.
Let me repeat that: undocumented workers are necessary for the stability of the American economy...
As a side note here: woman are particularly exploitable because of their subjugated status in society--yes, even our modern society. The fact that thousands of woman are assaulted, raped and killed in America every year attests to the fact that woman are still considered second class citizens. Furthermore, woman are still paid seventy cents to every man's dollar.
Why does the American economy need undocumented workers? America's economic system is capitalistic. Capitalism always needs surplus labor in order to expand. In capitalistic societies, in order for the consumerist machine to keep functioning it needs to keep a large pool of cheap, highly exploitable workers in the wings for future utilization.
Additionally, different segments of the working population are pitted against each other in an endless competition for the few jobs that are available. Sexism, racism and xenophobia are all societal ills that capitalism uses to its advantage.
This is evident with the observable increase of sexism and racism in economic downturns: like the one we are having now. This inherent competition allows capitalists to continually drive wages down for every worker.
Undocumented workers are the most exploitable and vulnerable workers in America. Employers do not have to offer any benefits, pensions, vacations, or health insurance to these particular employees. More importantly, employers of undocumented workers do not have to follow labor laws.
Additionally, undocumented workers do not get any government assistance in the form of social security benefits, welfare, food stamps, etc. The idea that undocumented workers drain funds from national coffers is a myth.
After the last round of so-called "immigration reform" in the mid 1990's all benefits were withdrawn from undocumented workers. Realistically speaking; undocumented workers prop up the American economy--they do not drain it dry.
Within this new super-capitalistic global economy, woman are not the only disposable bodies. Any black, brown or immigrant worker is also rendered disposable.
America needs to acknowledge its own role in the influx of undocumented workers into our borders and our contradictory attitudes toward them . On one hand we encourage the migration of illegal workers into our country simply because we can not afford to hire natives to do certain labor intensive and menial work. On the other hand we are persecuting the same people for residing and working illegally.
In addition, we need to hold ourselves accountable for the influence America holds within international lending institutions like the IMF and The World Bank. The lending policies of these institutions commonly undermine economic sustainability in developing countries. Many writers including Joseph Stiglitz, former head of The World Bank, has documented these abuses.
Consequently, many world citizens find themselves unable to provide the basic necessities for their families. They have no choice but to migrate to the centers of capitalism in order to survive. Many of them come here to America.
In conclusion, no human being is disposable.
Tuesday, July 28, 2009
A Stinkweed by any other name...
There is a significant amount of information available from newspapers, books, reporters and personal accounts of immigrants to justify characterizing Homeland Security as being a racist institution. Some writers and journalist use felicitous words such as nativism or prefer to defend xenophobic policies by proclaiming them as necessary in order to safeguard American lives, but despite being cloaked in misleading semantics these dubious actions are obviously rooted in centuries of sublimated racism.
To paraphrase a popular cliché: a stinkweed by any other name still smells as sour.
This post was inspired, in part, by a recent New York Times article posted on July 25, 2009 entitled: Racist Web Posts Traced to Homeland Security.
An article appeared in a local newspaper about the DHS raid of a migrant farm in Western New York that elicited a rash of racist commentary, some of which were traced in an investigation to Homeland Security computers.
This is not the first time Homeland Security and their employees have been accused of racism. In 2003, two African American women were terminated from their jobs and replaced by two white men. Subsequently they placed a lawsuit against the agency charging it with discrimination.
Indeed, when reviewing the hiring practices of Homeland Security it becomes clear that Caucasians are preferred over minorities. Over sixty percent of employees are Caucasian*
Creating a workforce comprised of mainly white employees indoctrinated into American exceptionalism, the supremacy of Western civilization, xenophobia-- and who are not familiar with the lifestyles and vulnerabilities of an immigrant population they have jurisdiction over can easily translate into callous and racist acts. When these ideologies are institutionalized it becomes easy to blur the line between safeguarding American interests and crossing over into dangerous territory and engaging in blatant expressions of racism.
One has to wonder how much desensitization must occur in a workplace to render racist actions as commonplace and benign.
One such instance occurred in 2007. A Homeland Security employee wore a blackface/prison costume with long dreadlocks to work for Halloween. He was awarded a prize by Julie Myers, Assistant Secretary of Immigration and Customs Enforcement. After a significant amount of criticism surfaced after posting pictures on an internet site , she later apologized to the National Association of African Americans in DHS for the incident, but not before damage was done to the agency’s already tarnished reputation.
It should come as no surprise that Homeland Security participates in racism. The Immigration and Naturalization Service-- once an independent agency (now incorporated into the larger division of Homeland Security)-- has a long history of racist policies and comments made by officials. The following quotes are from a former Western Regional Commissioner of the Immigration and Naturalization Service in the 1980’s:
“Harold Ezell, was infamous for comments made about ‘illegal aliens’—that they should be ‘caught, skinned and fried.’ Senator Dennis DeConcini reportedly complained that Ezell used the term “wets”, apparently a shortened version of the pejorative term ‘wetbacks’, to refer to undocumented immigrants seeking to cross the Rio Grande.”*
There is presupposition towards discrimination and racism in an institution that is designed to function simultaneously as a public service agency that naturalizes the newest influx of mostly black/brown immigrants into American society and a militarized retribution unit that imprisons and deports the same group of immigrants. Militarization and public service do not make compatible bedfellows simply because they operate under different assumptions and aspire to dissimilar goals. One of the two must become dominant-- and it is obvious which one triumphed based on the large number of charges and lawsuits that have been filed against Homeland Security because of their aggressive and racists tactics.
The moral panic that ensued against Muslims after September 11th created ample opportunity to engage in government sanctioned racism. Despite the fact that the perpetrators were Arab Muslims, this racial profiling ensnared all black or brown minorities. This can be witnessed in the numerous workplace raids that target businesses that hire substantial numbers of minority workers. Unfortunately, many U.S. citizens, and green card holders have also been “mistakenly” lassoed in these raids and have been subjected to interrogations, detentions and sometimes even deportations simply based on the color of their skin. This posturing is also observable in the numbers of black and brown people who are detained and interrogated at airports.
Racism is also evident within the many rogue local police offices that enforce immigration law with Homeland Security’s blessings. Without provocation, many immigrants are pulled over in their cars by police officers and asked for documentation that proves they are in the country legally. Their only transgression is looking like an illegal alien: which normally requires being a black or brown minority. If they are unable to provide documentation they are locked up in jail cells. Such aggressive policies sanctioned infamously by Sheriff Joe Arpaio of Arizona are currently being investigated by the Department of Justice, but not until numerous abuses of power and rampant racial profiling have destroyed many immigrants lives.
We must stop concealing racist agendas under the pretense of national security. There is no evidence that indicates that immigrants, illegal or otherwise, commit more crimes than citizens. Many studies have showed the opposite to be true. We cannot hold entire groups of black and brown people accountable for the terrorist activities of a few degenerate individuals. Racism lives whether we label it xenophobia, nativism or ethnic cleansing.
To use another cliché in its original form: If it walks like a duck, quacks like a duck, it must be a duck.
· (Source) http://www.citizenorange.com/orange/2008/02/photos-surface-of-ice-employee.html
Other sources:
http://www.azcentral.com/arizonarepublic/local/articles/2009/07/26/20090726dhs-suit0726.html
http://www.alternet.org/blogs/peek/67442/homeland_security_employee_wore_%22blackface%22_costume_at_work_all_day/
http://www.nytimes.com/2009/07/25/nyregion/25immig.html?_r=2
http://www.aclu.org/intlhumanrights/racialjustice/40069prs20090630.html
http://www2.tbo.com/content/2008/aug/18/me-land-law-amendment-targetsvestigesofracism/
To paraphrase a popular cliché: a stinkweed by any other name still smells as sour.
This post was inspired, in part, by a recent New York Times article posted on July 25, 2009 entitled: Racist Web Posts Traced to Homeland Security.
An article appeared in a local newspaper about the DHS raid of a migrant farm in Western New York that elicited a rash of racist commentary, some of which were traced in an investigation to Homeland Security computers.
This is not the first time Homeland Security and their employees have been accused of racism. In 2003, two African American women were terminated from their jobs and replaced by two white men. Subsequently they placed a lawsuit against the agency charging it with discrimination.
Indeed, when reviewing the hiring practices of Homeland Security it becomes clear that Caucasians are preferred over minorities. Over sixty percent of employees are Caucasian*
Creating a workforce comprised of mainly white employees indoctrinated into American exceptionalism, the supremacy of Western civilization, xenophobia-- and who are not familiar with the lifestyles and vulnerabilities of an immigrant population they have jurisdiction over can easily translate into callous and racist acts. When these ideologies are institutionalized it becomes easy to blur the line between safeguarding American interests and crossing over into dangerous territory and engaging in blatant expressions of racism.
One has to wonder how much desensitization must occur in a workplace to render racist actions as commonplace and benign.
One such instance occurred in 2007. A Homeland Security employee wore a blackface/prison costume with long dreadlocks to work for Halloween. He was awarded a prize by Julie Myers, Assistant Secretary of Immigration and Customs Enforcement. After a significant amount of criticism surfaced after posting pictures on an internet site , she later apologized to the National Association of African Americans in DHS for the incident, but not before damage was done to the agency’s already tarnished reputation.
It should come as no surprise that Homeland Security participates in racism. The Immigration and Naturalization Service-- once an independent agency (now incorporated into the larger division of Homeland Security)-- has a long history of racist policies and comments made by officials. The following quotes are from a former Western Regional Commissioner of the Immigration and Naturalization Service in the 1980’s:
“Harold Ezell, was infamous for comments made about ‘illegal aliens’—that they should be ‘caught, skinned and fried.’ Senator Dennis DeConcini reportedly complained that Ezell used the term “wets”, apparently a shortened version of the pejorative term ‘wetbacks’, to refer to undocumented immigrants seeking to cross the Rio Grande.”*
There is presupposition towards discrimination and racism in an institution that is designed to function simultaneously as a public service agency that naturalizes the newest influx of mostly black/brown immigrants into American society and a militarized retribution unit that imprisons and deports the same group of immigrants. Militarization and public service do not make compatible bedfellows simply because they operate under different assumptions and aspire to dissimilar goals. One of the two must become dominant-- and it is obvious which one triumphed based on the large number of charges and lawsuits that have been filed against Homeland Security because of their aggressive and racists tactics.
The moral panic that ensued against Muslims after September 11th created ample opportunity to engage in government sanctioned racism. Despite the fact that the perpetrators were Arab Muslims, this racial profiling ensnared all black or brown minorities. This can be witnessed in the numerous workplace raids that target businesses that hire substantial numbers of minority workers. Unfortunately, many U.S. citizens, and green card holders have also been “mistakenly” lassoed in these raids and have been subjected to interrogations, detentions and sometimes even deportations simply based on the color of their skin. This posturing is also observable in the numbers of black and brown people who are detained and interrogated at airports.
Racism is also evident within the many rogue local police offices that enforce immigration law with Homeland Security’s blessings. Without provocation, many immigrants are pulled over in their cars by police officers and asked for documentation that proves they are in the country legally. Their only transgression is looking like an illegal alien: which normally requires being a black or brown minority. If they are unable to provide documentation they are locked up in jail cells. Such aggressive policies sanctioned infamously by Sheriff Joe Arpaio of Arizona are currently being investigated by the Department of Justice, but not until numerous abuses of power and rampant racial profiling have destroyed many immigrants lives.
We must stop concealing racist agendas under the pretense of national security. There is no evidence that indicates that immigrants, illegal or otherwise, commit more crimes than citizens. Many studies have showed the opposite to be true. We cannot hold entire groups of black and brown people accountable for the terrorist activities of a few degenerate individuals. Racism lives whether we label it xenophobia, nativism or ethnic cleansing.
To use another cliché in its original form: If it walks like a duck, quacks like a duck, it must be a duck.
· (Source) http://www.citizenorange.com/orange/2008/02/photos-surface-of-ice-employee.html
Other sources:
http://www.azcentral.com/arizonarepublic/local/articles/2009/07/26/20090726dhs-suit0726.html
http://www.alternet.org/blogs/peek/67442/homeland_security_employee_wore_%22blackface%22_costume_at_work_all_day/
http://www.nytimes.com/2009/07/25/nyregion/25immig.html?_r=2
http://www.aclu.org/intlhumanrights/racialjustice/40069prs20090630.html
http://www2.tbo.com/content/2008/aug/18/me-land-law-amendment-targetsvestigesofracism/
Tuesday, July 21, 2009
Parchment and deceit--Part 2
I started running even before my brain consciously registered the danger. Khalid grabbed my hand and pushed me in front of him. The sudden change in motion caused a momentary loss of balance and I almost fell over a log in the path ahead of me. I quickly regained my physical equilibrium but my emotional state was not as easy to redeem. Something was amiss. The ominous footsteps behind us had ceased. Everything in the courtyard was stagnant and silent. Trouble was close at hand.
Suddenly, darkness descended upon us and I looked towards the sky long enough to see the large silhouette of the dragon flying overhead. The dragon’s body nose-dived and appeared ready to swoop down upon us.
I motioned for Khalid to look up with a twitching hand. I heard an unintelligible exclamation coming from his mouth as he pushed me painfully through and underneath a large hedge of hydrangea bushes.
“We’ve got to get inside that castle” Khalid said, while shaking his head in frustration. “I have to get inside and find the emancipation chamber. That is where I will find the document that proves the King granted me asylum.”
Khalid is a from Caldonian: a small kingdom located in the farthest reaches of the Ander Mountains. Caldonians are feared by my people because they possess a rare ability. They are masters at interpreting body language and perceiving subtle shifts in vocal tones. This sensitivity allows them to uncover deceit and strong emotions.
Suddenly, darkness descended upon us and I looked towards the sky long enough to see the large silhouette of the dragon flying overhead. The dragon’s body nose-dived and appeared ready to swoop down upon us.
I motioned for Khalid to look up with a twitching hand. I heard an unintelligible exclamation coming from his mouth as he pushed me painfully through and underneath a large hedge of hydrangea bushes.
“We’ve got to get inside that castle” Khalid said, while shaking his head in frustration. “I have to get inside and find the emancipation chamber. That is where I will find the document that proves the King granted me asylum.”
Khalid is a from Caldonian: a small kingdom located in the farthest reaches of the Ander Mountains. Caldonians are feared by my people because they possess a rare ability. They are masters at interpreting body language and perceiving subtle shifts in vocal tones. This sensitivity allows them to uncover deceit and strong emotions.
As a result of their abilities, Caldonians were considered dangerous and a security risk. My home of Wyndsber has a long history of war, strife, and economic calamities-- so the act of scapegoating: blaming a particular group for the kingdom's woes--was not unusual.
About ten years ago the Wyndsber ruler at the time, a ruthless man by the name of King Burrik, made a proclamation that Caledonians were a menace to society and must leave the Kingdom immediately. They were given a choice: either leave voluntarily or be imprisoned and forcibly removed—or worse. Burrik’s propaganda machine worked tirelessly to convince the public that Caldonians were evil deviants that only used their abilities to harm people.
This harsh tactic was necessary because Burrik ignored normal protocol when The High King died. Rather than sending an emissary to fetch the rightful heir of the throne he seized it for himself. He claimed the actual heir had died in battle. The Caldonians in the court uncovered the corruption, verified that the rightful heir was alive and threatened to expose the deceit. Consequently, Burrik did not want his sins to be unveiled by the intrusiveness and inconvenience of any Caledonians so he decided to rid himself of this one small problem.
Subsequently, all Caledonians were publicly executed and a proclamation was issued that demanded all other Caldonians leave the kingdom immediately or face the same fate. Any Caldonians that did not leave: whether from illness, family attachments or compulsion, were detained and placed in prison. The prison conditions were so deplorable that many died of starvation or exposure. Any who survived were rounded up and either killed on the spot or deposited in the treacherous Ander Mountains to die there.
Summoned by the Caldonians, Cantis Nuray--the rightful heir to the throne-- came back from his travels and accused Burrik of seizing the throne without proper authority. Nuray insisted that he was the next in line and he should have been notified. A brutal battle ensued between Burrik’s supporters and Nuray’s. The battle lasted three months and it appeared that Buttrik’s army would be victorious, but suddenly, hundreds of soldier’s became ill and died on the battlefield. Only Nuray’s army was immune. By the end of the month only Burrik and a handful of followers remained. They quickly took shelter within the Obsidian Forest.
Cantis Nuray became Wyndsber’s new regent and a brief period of calm settled over the weary nation. Nuray was a fair and noble ruler and during his short reign peace and prosperity descended on the land. Although King Nuray could not completely overturn Burrik’s old proclamation banning Caldonians from Wyndsber he tried to lessen the effects. Burrik’s propaganda was successful and he had poisoned a substantial percentage of the populace against Caldonians. King Nuray knew that any sudden measure to allow mass migrations into Wyndsber would result in significant uprisings.
Instead, he decided to grant asylum to a few trusted Caldonians he had met and befriended while abroad. Having these Caldonians was helpful to Nuray in many ways. Imagine the advantages of having advisers who can perceive the deceit and manipulations of any enemies to the throne. Eventually, when the fear subsided, Nuray was planning on opening the borders between both kingdoms..
My husband was one of the few Caledonian advisers to King Nuray. He swore an oath before the King and three of his clerics to uphold the honor of the King and to keep all revelations secret. After the ceremony they presented Khalid with an official document that outlined his asylum status. This document was to be kept within the walls of the emancipation chamber and sealed in a vault. Only two keys for the vault were made, one for the King and one for the individual Caldonian.
Caldonians were advised to keep their nationality a secret-- but if a situation arose that revealed their identity, they could appeal to the King and verify their asylum status with the document. The clerics put a charm on the document and the Caledonian so that the asylum status was ensured even if the King Nuray died. No person could kill a Caldonian with asylum status without incurring death himself.
Or, at least that’s what my husband was told—indeed what he thought, until Burrik came back.
This harsh tactic was necessary because Burrik ignored normal protocol when The High King died. Rather than sending an emissary to fetch the rightful heir of the throne he seized it for himself. He claimed the actual heir had died in battle. The Caldonians in the court uncovered the corruption, verified that the rightful heir was alive and threatened to expose the deceit. Consequently, Burrik did not want his sins to be unveiled by the intrusiveness and inconvenience of any Caledonians so he decided to rid himself of this one small problem.
Subsequently, all Caledonians were publicly executed and a proclamation was issued that demanded all other Caldonians leave the kingdom immediately or face the same fate. Any Caldonians that did not leave: whether from illness, family attachments or compulsion, were detained and placed in prison. The prison conditions were so deplorable that many died of starvation or exposure. Any who survived were rounded up and either killed on the spot or deposited in the treacherous Ander Mountains to die there.
Summoned by the Caldonians, Cantis Nuray--the rightful heir to the throne-- came back from his travels and accused Burrik of seizing the throne without proper authority. Nuray insisted that he was the next in line and he should have been notified. A brutal battle ensued between Burrik’s supporters and Nuray’s. The battle lasted three months and it appeared that Buttrik’s army would be victorious, but suddenly, hundreds of soldier’s became ill and died on the battlefield. Only Nuray’s army was immune. By the end of the month only Burrik and a handful of followers remained. They quickly took shelter within the Obsidian Forest.
Cantis Nuray became Wyndsber’s new regent and a brief period of calm settled over the weary nation. Nuray was a fair and noble ruler and during his short reign peace and prosperity descended on the land. Although King Nuray could not completely overturn Burrik’s old proclamation banning Caldonians from Wyndsber he tried to lessen the effects. Burrik’s propaganda was successful and he had poisoned a substantial percentage of the populace against Caldonians. King Nuray knew that any sudden measure to allow mass migrations into Wyndsber would result in significant uprisings.
Instead, he decided to grant asylum to a few trusted Caldonians he had met and befriended while abroad. Having these Caldonians was helpful to Nuray in many ways. Imagine the advantages of having advisers who can perceive the deceit and manipulations of any enemies to the throne. Eventually, when the fear subsided, Nuray was planning on opening the borders between both kingdoms..
My husband was one of the few Caledonian advisers to King Nuray. He swore an oath before the King and three of his clerics to uphold the honor of the King and to keep all revelations secret. After the ceremony they presented Khalid with an official document that outlined his asylum status. This document was to be kept within the walls of the emancipation chamber and sealed in a vault. Only two keys for the vault were made, one for the King and one for the individual Caldonian.
Caldonians were advised to keep their nationality a secret-- but if a situation arose that revealed their identity, they could appeal to the King and verify their asylum status with the document. The clerics put a charm on the document and the Caledonian so that the asylum status was ensured even if the King Nuray died. No person could kill a Caldonian with asylum status without incurring death himself.
Or, at least that’s what my husband was told—indeed what he thought, until Burrik came back.
Tuesday, July 7, 2009
What all this means for us...
As a result of this legal labyrinth my husband is considered inadmissible which means he is unable to adjust his status to legal permanent resident. Even though he is not deportable based on the conviction, through the stealthy flick of a magic wand the immigration judge determined he was deportable based on his VISA overstay. That is what his deportation mandate says: "deportable due to overstay violation." He can't rectify his VISA overstay because he is inadmissible based on his "crime" (i.e attempt at self preservation) which is considered a "particularly serious crime". It goes around in a circle: overstay----particularly serious crime---denied asylum---inadmissible---can't adjust status--overstay, etc: with no way to get out of the loop.
I recently spoke to a reporter from California who was flabbergasted that he was being deported based on an overstay violation yet he was married to an American citizen. Apparently, she is familiar with a lot of Mexican immigrant cases in which the individuals had overstayed their VISA's but had been allowed to stay because they are married to U.S. citizens. I had no explanations for her, other than the circle metaphor I wrote about in the previous paragraph.
She kept asking if he had ever left the United States and tried to re-enter without inspection. I told her "no" at least three times. And then she couldn't believe that he was being deported based on overstay and not on the conviction. I explained to her that the one conviction of reckless endangerment is not a deportable offense. I told her I would be happy to send copies of official documents that corroborate what I was saying. At the end of the conversation she said that his case is unlike any she has ever encountered and that basically it was too complicated for her but she would pass the story onto a co-worker in New York.
The honest truth about Khalid's situation is it has not followed any predictable or standard format for immigration cases. I believe the reason for this is because he is Muslim and has dark skin. I have done enough research and read enough books to confirm my hypothesis. Despite the experiences of the reporter in California, there are numerous cases of Muslim men, married to American citizens, who have been deported based on overstay alone. Oftentimes, the man has not overstayed and is a legal permanent resident, or has a green card pending but is deported anyway. There is a documentary entitled Out of Status that outlines just such a case. If you can get it I recommend viewing it--it will knock your socks off.
Khalid was simply at the wrong place (U.S.) at the wrong time (2001)and was caught up in the moral panic that ensued against Muslims shortly after 9/11. Based on his name, where he came from and his religion--and not on who he actually was-- he was labelled as a possible terrorist. When Homeland Security found out otherwise it was too late. The damage had been done, too many mistakes had already been made and the case had gone too far for them to admit they were wrong. The cards were stacked against Khalid the first time he went before an immigration judge. Once he was deemed deportable it did not matter how much money Khalid spent or what his lawyers said or tried to undue, he would never be able to shake that horrible label.
As far as lawyers go, they have been impotent at best. I honestly don't think most immigration lawyers have the knowledge or appropriate experience to deal with a case as complex as Khalid's. We have been told different things from different lawyers on what Khalid's status as inadmissible means. Some have told us that he cannot file his waivers or the paperwork that would allow him to adjust his status to that of legal permanent resident here in the United States. Instead, he would have to travel to India and file the paperwork with the Indian consulate. Then the State department would have the option of denying it and making Khalid wait another 1-3 years.
Yet, another lawyer said that because Homeland Security misplaced his passports he does have the option of filing for an adjustment of status. But it would be a long shot. A better option would be to hire a lawyer to overturn the conviction. Of course, this would require excessive amounts of money, that honestly, we just don't have.
Another possibility; and by the way, this is not coming from a lawyer but rather a personal suspicion (not unreasonable in light of how difficult my husband's case has been): the State department could refuse to let him back in the country at all. This is despite the fact that he qualifies for a waiver stating he is eligible because it has been over 15 years since the conviction. Mercy, do the complications ever end???
The few positive aspects of all this include the following: Khalid came to the States legally, has a social security number, a work permit, has been paying taxes, plus he’s married to a U.S. citizen. This should work in our favor! Because of these factors he should not be barred from re-entering the normal 10-20 years undocumented immigrants normally are(immigrants who enter without papers and/or without inspection). But then again—his case has not followed standard procedures: so it is nearly impossible to predict what will happen.
So..what does this all mean for us? We are kept guessing at what our future holds. We cannot make plans to buy a house or have a family. We have to show up at Homeland Security at intervals of time, scheduled at their discretion. It could be monthly or every three months. We cannot go away on vacation outside of New York for more than 3 days without notifying Homeland Security. It's possible our phones are being monitored. We are living in a soft cage--but a cage none-the-less. In essence, what all this means is we cannot really plan our future because we don't know if we have one.
I recently spoke to a reporter from California who was flabbergasted that he was being deported based on an overstay violation yet he was married to an American citizen. Apparently, she is familiar with a lot of Mexican immigrant cases in which the individuals had overstayed their VISA's but had been allowed to stay because they are married to U.S. citizens. I had no explanations for her, other than the circle metaphor I wrote about in the previous paragraph.
She kept asking if he had ever left the United States and tried to re-enter without inspection. I told her "no" at least three times. And then she couldn't believe that he was being deported based on overstay and not on the conviction. I explained to her that the one conviction of reckless endangerment is not a deportable offense. I told her I would be happy to send copies of official documents that corroborate what I was saying. At the end of the conversation she said that his case is unlike any she has ever encountered and that basically it was too complicated for her but she would pass the story onto a co-worker in New York.
The honest truth about Khalid's situation is it has not followed any predictable or standard format for immigration cases. I believe the reason for this is because he is Muslim and has dark skin. I have done enough research and read enough books to confirm my hypothesis. Despite the experiences of the reporter in California, there are numerous cases of Muslim men, married to American citizens, who have been deported based on overstay alone. Oftentimes, the man has not overstayed and is a legal permanent resident, or has a green card pending but is deported anyway. There is a documentary entitled Out of Status that outlines just such a case. If you can get it I recommend viewing it--it will knock your socks off.
Khalid was simply at the wrong place (U.S.) at the wrong time (2001)and was caught up in the moral panic that ensued against Muslims shortly after 9/11. Based on his name, where he came from and his religion--and not on who he actually was-- he was labelled as a possible terrorist. When Homeland Security found out otherwise it was too late. The damage had been done, too many mistakes had already been made and the case had gone too far for them to admit they were wrong. The cards were stacked against Khalid the first time he went before an immigration judge. Once he was deemed deportable it did not matter how much money Khalid spent or what his lawyers said or tried to undue, he would never be able to shake that horrible label.
As far as lawyers go, they have been impotent at best. I honestly don't think most immigration lawyers have the knowledge or appropriate experience to deal with a case as complex as Khalid's. We have been told different things from different lawyers on what Khalid's status as inadmissible means. Some have told us that he cannot file his waivers or the paperwork that would allow him to adjust his status to that of legal permanent resident here in the United States. Instead, he would have to travel to India and file the paperwork with the Indian consulate. Then the State department would have the option of denying it and making Khalid wait another 1-3 years.
Yet, another lawyer said that because Homeland Security misplaced his passports he does have the option of filing for an adjustment of status. But it would be a long shot. A better option would be to hire a lawyer to overturn the conviction. Of course, this would require excessive amounts of money, that honestly, we just don't have.
Another possibility; and by the way, this is not coming from a lawyer but rather a personal suspicion (not unreasonable in light of how difficult my husband's case has been): the State department could refuse to let him back in the country at all. This is despite the fact that he qualifies for a waiver stating he is eligible because it has been over 15 years since the conviction. Mercy, do the complications ever end???
The few positive aspects of all this include the following: Khalid came to the States legally, has a social security number, a work permit, has been paying taxes, plus he’s married to a U.S. citizen. This should work in our favor! Because of these factors he should not be barred from re-entering the normal 10-20 years undocumented immigrants normally are(immigrants who enter without papers and/or without inspection). But then again—his case has not followed standard procedures: so it is nearly impossible to predict what will happen.
So..what does this all mean for us? We are kept guessing at what our future holds. We cannot make plans to buy a house or have a family. We have to show up at Homeland Security at intervals of time, scheduled at their discretion. It could be monthly or every three months. We cannot go away on vacation outside of New York for more than 3 days without notifying Homeland Security. It's possible our phones are being monitored. We are living in a soft cage--but a cage none-the-less. In essence, what all this means is we cannot really plan our future because we don't know if we have one.
Wednesday, July 1, 2009
Inside the Dragon's Lair--Part 1
Slithering in between the tangles of blackthorn and ivy, my husband and I stealthily picked our way through the dense bushes lining the medieval fortress that lay just outside the castle gates. The old gnarly witch in the Obsidian Forest told us Ashcroft Castle was protected by an powerful magic and no one could gain entrance without the purple crystal key. The key was buried underneath Pan's statue which was located near Wygham Lake in the furthest eastern corner of the kingdom. Our goal was to retrieve the key and journey to Ashcroft Castle; find a doorway in the fortress marked with a rune called raido: a symbol that approximates the look of a letter "r" with a slightly askew leg on one end. It was here that my husband could find an ancient document that would finally grant him his freedom.
Finding the purple crystal key was relatively easy, except for the few ornery trolls we had put to sleep with a tranquility spell. Trolls aren't easily susceptible to serenity and it took our combined efforts along with a sharp hit on the noggin of one particularly difficult troll to ensure the entire group got it's fair share of tranquility.
However, trying to find the doorway with the rune mark was particularly difficult. We had circled the entire fortress and had not discovered the necessary doorway. They all looked the same: plain withered planks of splintered wood with an odd diamond shaped keyhole.
The only protection that was offered to us was the dense brush of blackthorn and we often had to jump quickly back into those thorny bushes when the King's Brigade came by. Once they marched a safe distance away we ran to the next nearest door. I quickly pulled the crystal key from a pocket deep in my bronze cloak. There wasn't a discernible mark on the expanse of the door but I tried to fit the key in the lock anyway and was amazed when both the key and the lock eerily metamorphosed shape into the mark of the rune. The knob turned and we carefully pushed the door open.
A magnificent garden greeted our tired and surprised eyes. I had to blink multiple times before my eyes could adjust to the penetrating golden light and the flurry of color. It was unlike any garden I had seen: filled with meandering plants of such girth and height that obscured every object in the garden with a thousand flourishes of unusual blooms. In the middle of the courtyard there was a glittering gold fountain and torrents of silvery liquid that cascaded over multi layered tiers of stone chiseled seashells.
On either side of the fountain, approximately 1000 feet apart, stood two massive black gargoyle sculptures with terrifying grimaces and large, slightly oblong ears that diminished to long, curled tips at the ends. Their sleek and massive wings stood immobile but partially unfurled on either side as their twisted and slick talons held a stone sphere cruelly in each paw. I looked at them in fascination for a few minutes and then slowly turned to catch my husband's gaze. But as my head started to turn I could have sworn my eyes registered some movement in my peripheral vision. I quickly turned back to look at the statue but it was completely still. Bemused I was about to say something to my husband when I heard him say: "Beth, get behind me."
My head snapped quickly back to my husband. The alarm in his voice was initiated by an animated gargoyle towering over my husband in a predatory stance. He was about four feet away from him, close enough for the monster's breathe to move the hair on my husband's head.
A loud growl ensued from a different direction and I swiveled my head to the left and gazed in horror at the visage of the other gargoyle. He was no longer perched benignly on the marble pedestal but was instead flapping his wings passionately and focusing his red eyes intently in my direction. From a distance, I heard the deep, evil cry of the other gargoyle, but I could not turn my attention from the monster in front of me. I gripped the spear at my side and raised it slowly. I took a quick step forward but the gargoyle was quicker and knocked the spear out of my hands with his long snout.
I deftly dodged the flap of his massive left wing and took cover under the billowy leaves of a willow tree. I had to get my spear back-- and fast. The stupid beast was not aware of my hiding place and seemed to be looking for me on the dense bushes of blackthorn. I ran out from under the cover of the willow and grabbed my spear. The gargoyle turned in pursuit. As it lunged for me I raised the spear and threw it right into the monster's heart. The creature stumbled, stopped and then collapsed-- all the while snorting and thrashing to the ground.
I turned and looked for my husband. The other beast had also collapsed to the ground but I could not find my husband. I called for him but heard nothing in return. After what seemed to be an eternity I finally heard the muffled voice of my husband. I ran to where the sound came from. I saw my husband's hand peaking out from under the wing of the massive beast. Grunting with the effort, I lifted the wing just enough for my husband to crawl out.
"That was a close one", he said as he wiped the sweat from his forehead. He grinned sheepishly and added, "After this-- the rest should be a piece of cake."
From behind us we heard the loudest shriek we have ever heard in our lives. It sounded like a cross between an eagle, a lion and the wail of a colicky baby. The ground shook with the massive creature's substantial weight. We turned quickly to see the body of a gargantuan iridescent green dragon looking at us with a gaze of pure hatred.
I was frozen in fear and the only thought that came clearly to mind was that it wasn't going to be all that easy to gain my husband's freedom.
Ok..time for some truth-telling: the trip to Homeland Security wasn't quite as bad as the former story. However, the drama queen in me couldn't help embellishing the real story a trifle. And of course--I'm sure you have surmised already-- Khalid was safely returned home.Otherwise, I wouldn't have been up for such story-telling. In all honesty, this whole situation seems surreal and much like a fantasy novel: with unseen enemies, surprises, miracles and hazardous journeys. So the fantasy story seemed strangely appropriate.
Indeed, the trip went well. We were only kept waiting for about 20 minutes--a record. Usually we are there for three hours or more. Khalid's Deportation Officer was very nice and congenial. She told us there were no new developments and to come back in three months. There were no trolls, no gargoyles and no dragon. There was also no freedom for my husband either.....so at least that part was true!
Finding the purple crystal key was relatively easy, except for the few ornery trolls we had put to sleep with a tranquility spell. Trolls aren't easily susceptible to serenity and it took our combined efforts along with a sharp hit on the noggin of one particularly difficult troll to ensure the entire group got it's fair share of tranquility.
However, trying to find the doorway with the rune mark was particularly difficult. We had circled the entire fortress and had not discovered the necessary doorway. They all looked the same: plain withered planks of splintered wood with an odd diamond shaped keyhole.
The only protection that was offered to us was the dense brush of blackthorn and we often had to jump quickly back into those thorny bushes when the King's Brigade came by. Once they marched a safe distance away we ran to the next nearest door. I quickly pulled the crystal key from a pocket deep in my bronze cloak. There wasn't a discernible mark on the expanse of the door but I tried to fit the key in the lock anyway and was amazed when both the key and the lock eerily metamorphosed shape into the mark of the rune. The knob turned and we carefully pushed the door open.
A magnificent garden greeted our tired and surprised eyes. I had to blink multiple times before my eyes could adjust to the penetrating golden light and the flurry of color. It was unlike any garden I had seen: filled with meandering plants of such girth and height that obscured every object in the garden with a thousand flourishes of unusual blooms. In the middle of the courtyard there was a glittering gold fountain and torrents of silvery liquid that cascaded over multi layered tiers of stone chiseled seashells.
On either side of the fountain, approximately 1000 feet apart, stood two massive black gargoyle sculptures with terrifying grimaces and large, slightly oblong ears that diminished to long, curled tips at the ends. Their sleek and massive wings stood immobile but partially unfurled on either side as their twisted and slick talons held a stone sphere cruelly in each paw. I looked at them in fascination for a few minutes and then slowly turned to catch my husband's gaze. But as my head started to turn I could have sworn my eyes registered some movement in my peripheral vision. I quickly turned back to look at the statue but it was completely still. Bemused I was about to say something to my husband when I heard him say: "Beth, get behind me."
My head snapped quickly back to my husband. The alarm in his voice was initiated by an animated gargoyle towering over my husband in a predatory stance. He was about four feet away from him, close enough for the monster's breathe to move the hair on my husband's head.
A loud growl ensued from a different direction and I swiveled my head to the left and gazed in horror at the visage of the other gargoyle. He was no longer perched benignly on the marble pedestal but was instead flapping his wings passionately and focusing his red eyes intently in my direction. From a distance, I heard the deep, evil cry of the other gargoyle, but I could not turn my attention from the monster in front of me. I gripped the spear at my side and raised it slowly. I took a quick step forward but the gargoyle was quicker and knocked the spear out of my hands with his long snout.
I deftly dodged the flap of his massive left wing and took cover under the billowy leaves of a willow tree. I had to get my spear back-- and fast. The stupid beast was not aware of my hiding place and seemed to be looking for me on the dense bushes of blackthorn. I ran out from under the cover of the willow and grabbed my spear. The gargoyle turned in pursuit. As it lunged for me I raised the spear and threw it right into the monster's heart. The creature stumbled, stopped and then collapsed-- all the while snorting and thrashing to the ground.
I turned and looked for my husband. The other beast had also collapsed to the ground but I could not find my husband. I called for him but heard nothing in return. After what seemed to be an eternity I finally heard the muffled voice of my husband. I ran to where the sound came from. I saw my husband's hand peaking out from under the wing of the massive beast. Grunting with the effort, I lifted the wing just enough for my husband to crawl out.
"That was a close one", he said as he wiped the sweat from his forehead. He grinned sheepishly and added, "After this-- the rest should be a piece of cake."
From behind us we heard the loudest shriek we have ever heard in our lives. It sounded like a cross between an eagle, a lion and the wail of a colicky baby. The ground shook with the massive creature's substantial weight. We turned quickly to see the body of a gargantuan iridescent green dragon looking at us with a gaze of pure hatred.
I was frozen in fear and the only thought that came clearly to mind was that it wasn't going to be all that easy to gain my husband's freedom.
Ok..time for some truth-telling: the trip to Homeland Security wasn't quite as bad as the former story. However, the drama queen in me couldn't help embellishing the real story a trifle. And of course--I'm sure you have surmised already-- Khalid was safely returned home.Otherwise, I wouldn't have been up for such story-telling. In all honesty, this whole situation seems surreal and much like a fantasy novel: with unseen enemies, surprises, miracles and hazardous journeys. So the fantasy story seemed strangely appropriate.
Indeed, the trip went well. We were only kept waiting for about 20 minutes--a record. Usually we are there for three hours or more. Khalid's Deportation Officer was very nice and congenial. She told us there were no new developments and to come back in three months. There were no trolls, no gargoyles and no dragon. There was also no freedom for my husband either.....so at least that part was true!
Tuesday, June 30, 2009
Senseless
The word senseless has flickered through my mind during this whole immigration ordeal. Although it is completely pointless I keep trying to determine why Homeland Security is adamant about deporting my husband. What is the advantage of spending thousands of dollars and countless hours in order to deport him? How exactly is the deportation of my husband going to make America a better and safer place? What possible good can come out of deporting a husband, an employee and a tax payer? My husband is not a terrorist, a drug addict or drug dealer. He has never physically hurt or abused anyone! The man does not possess one mean, callous or disrespectful bone in his body. The deportation of my husband will not result in anything positive or good--it will only result in misery and strife.
And if they were so intent on deporting him, why didn’t they just do so the first time he was in detention in 2003? These are all questions I will never have the answer to—and it is driving me insane. Why in the world did the U.S. government allow him to adjust his status before the 2nd circuit hearing and then rescind it? Unfortunately, I cannot stop myself from pondering the reasons why this senseless situation is unfolding this way.
In addition to all these questions, I can’t help but think about everything Khalid has been through and how this situation has affected him mentally and physically. He has been separated from his family since the late 1980’s. I cannot fathom what that was like and how lonely he must have felt during these years. And now, in addition to everything else he has lost, he is now being separated from his wife here in the States. He has worked hard his whole life, even holding down two jobs while doing countless hours of overtime, training other people and taking any additional challenges his employer has asked of him. None of this has made a bit of difference.
Some people answer this question by saying that life just isn’t fair. No, life isn’t fair. But does that justify the horrible, wretched, inhumane things people do to each other? Life is all about distributing scarce resources and determining who gets a larger chunk of the pie and who is left fighting for the crumbs. The scarcest resource of all is love and the bitterest struggle: its procurement.
And if they were so intent on deporting him, why didn’t they just do so the first time he was in detention in 2003? These are all questions I will never have the answer to—and it is driving me insane. Why in the world did the U.S. government allow him to adjust his status before the 2nd circuit hearing and then rescind it? Unfortunately, I cannot stop myself from pondering the reasons why this senseless situation is unfolding this way.
In addition to all these questions, I can’t help but think about everything Khalid has been through and how this situation has affected him mentally and physically. He has been separated from his family since the late 1980’s. I cannot fathom what that was like and how lonely he must have felt during these years. And now, in addition to everything else he has lost, he is now being separated from his wife here in the States. He has worked hard his whole life, even holding down two jobs while doing countless hours of overtime, training other people and taking any additional challenges his employer has asked of him. None of this has made a bit of difference.
Some people answer this question by saying that life just isn’t fair. No, life isn’t fair. But does that justify the horrible, wretched, inhumane things people do to each other? Life is all about distributing scarce resources and determining who gets a larger chunk of the pie and who is left fighting for the crumbs. The scarcest resource of all is love and the bitterest struggle: its procurement.
I am reminded of a wonderful Indian author named Arundhati Roy and her book The God of Small Things. If you haven't read it I recommend it highly. In this book she explores the nature of love and how it is artificially distributed in society based upon arbitrary designations of rank, wealth and power. More specifically the story centers around the tragic love story between an upper class Indian woman and a poor Untouchable laborer. A particular quote from the book comes to mind and I will share it with you now:
"They all broke the rules. They all crossed into forbidden territory. They all tampered with the laws that lay down who should be loved and how. And how much."
This quote has become quite poignant to me now. I realize that the problems our country is currently facing: including the debate about gay marriage, the excesses of greed, racism, sexism and the discriminatory immigration judicial system; can all be linked by this distribution of love-- and who deserves it and who doesn't.
So, here I am, sitting in my living room-- ironically watching a special on Michael Jackson and fearing that this will be the last day I will spend with my husband and wondering where our share of the love is.....
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