Waiting it out[side]

Everyone is waiting with baited breath for the much-anticipated executive action to be announced by President Obama this evening at 8 pm. Everyone who sees immigration as an important issue, that is. My coauthor Nathaniel Hoffman described how most of immigration is a waiting game in Chapter 3 of Amor and Exile, The Binational Labryinth:

“Immigration to the United States, whether legal or illegal, is a waiting game. You wait to be eligible for a visa and then for your visa to be approved. Sometimes you wait five years or sixteen or twenty-three years for that visa. You wait three days to get deported or you wait a year for the immigration courts to clear their backlog before you get your hearing. You wait for your brother or your father to fill out the paperwork for you, for a letter back from the National Visa Center. You press two for Spanish and wait, on hold. You wait for a pardon. You wait and watch as Congress takes up immigration reform and drops it and takes it up again. You wait up at night for your loved ones to return home from work. You wait for dark to fall, for the floodlights to pass and then you run across the line and wait for transport. You wait for another mule with trunk space.”

Even if I were waiting, I wouldn’t even be able to listen in to the announcement, because I’ll be teaching English (I currently work nights) while it happens.

Part of me it not really waiting at all though. I was, for a few months. I wrote and circulated an open letter to President Obama in August when it became clear the plan for executive action was in the works. I spoke with  Center for Public Integrity reporter Susan Ferriss about my thin hopes for inclusion earlier this week for her piece, “U.S. spouses of ousted immigrants await Obama plan.” However, when recent reports began to point to a probable emphasis on relief for parents of U.S. citizen children, I knew we’d probably be waiting this one out. There will likely also be the perfunctory nod to “highly-skilled” workers. There *might* be a bone thrown in for spouses of U.S. citizens via extended “Parole in Place,” but whether that will happen or not is yet to be seen, and even if it were, it probably would not extend to any of those undocumented spouses of those U.S. citizens who happen to be outside of the country.

No matter what happens, we will have to be clear about what this executive action is and what it’s not. The run-up to this executive action is being billed by some as “fixing the broken immigration system,” but please.  You can’t possibly argue that giving tenuous relief to a small fraction of the individuals who need reform is a fix of a broken system. As immigration lawyer and advocate Prerna Lal puts it, she’s “still concerned about the millions left out by the plan specifics.” So this executive action is a Band-Aid, at best. Of course, human rights advocates like Ellin Jimmerson, Director of The Second Cooler, a documentary about the wide human rights offenses committed by the immigration system, narrated by Martin Sheen, have been saying it all along: if widespread human rights aren’t advanced by immigration reform, in the end, it’s not net progress. Sure, it’s a step, albeit small one. Even Obama knows that. Advocates and legislators alike believe that no matter the reach of this executive action, it’s no substitute for Congressional reform.

So no, this executive announcement probably won’t make a lick of difference for my family, especially because we are currently in Mexico. If we had decided to stay in the U.S. and wait it out under the radar as millions of others have done, there might be a slight chance we’d get relief from this. That remains to be seen, as it’s uncertain whether the action will extend to all individuals with 9(c) inadmissibilities. So yes, if it were that 9(c) cases could get relief from this, then yes, we would be left behind for having left the country to try and “get in line.”

‘Course, I won’t be alone in this, hundreds of thousands, probably millions of us will get left out. But this seems to be a recurring pattern, one that I’m not sure will ever be entirely rectified, even by a bill as large as HR15, for reasons which activists like Jimmerson expand on amply.

Which is why, for the moment, I am boycotting the waiting game. In my final chapters in Amor and Exile, I describe how I’ve toyed with the idea of pulling out of the waiting game entirely, not willing anymore to pin my life hopes on an act of Congress or an executive action such as the one on November 20th, 2014.

Ironically, November 20th is the Anniversary of the Mexican Revolution. I wonder if that was just coincidental? Most everyone down here is working today because we already celebrated the occasion on Monday (they do long weekends early), but instead of going to the downtown parade or to a party, I spent it with the editorial team for Amor y Exilio—the Spanish translation of Amor and Exile that is currently underway.

Even with the question of “did we miss out?” potentially shadowing over me during the aftermath of executive action, I would rather take the bull by the horns when it comes to the possibility of arrepentimiento. Rather than regret or question any of my past decisions to move to Mexico, to make this leap of faith, pasa lo que pasa, I would say no, I have no regrets. I prefer to embrace the fact that my husband was duly safe, at no risk of detention in these last 8 years. I am grateful for the freedom to have built our own home, in a lovely climate, and to have made lovely friends and to be making a life for ourselves.

Sure, it’s nice to think of what the future could hold when and if my husband is permitted to travel and/or reside alongside my daughter and I to my home country. Yes, I will be frustrated if the system once again fails to reward people who are trying to do the right thing. And there will still be that glaring recollection that Congress’s failure to move forward on a real fix is what’s brought us to this point.

But our time has not yet arrived. And so in the meantime, I see no reason to wait—just every reason to keep trying to move forward.

old goodies2
We’ll also try to keep smiling, because if we don’t laugh about this, we’ll cry. Photo of the author and her husband from 2009 in San Mateo, California.

P.S. Today’s featured image was chosen for no other reason than it’s throwback Thursday, and it’s our 10-year wedding anniversary in just under one month.


President Obama: Before You Act on Immigration

Note: If you want to show your support, please leave your name, state, and # of your congressional voting district in the comments. 

Querétaro, Mexico | August 7, 2014

Dear President Obama,

I’m aware that you are contemplating taking action on immigration and that White House staff is hard at work researching your options. Before anything happens, I wanted to make sure you heard my story, because I’m one of millions of Americans who stand to be affected by any decision you take—but our story is not often heard.

It’s been another hard year for us to be away from the United States. Not any harder than the last eight years that I have been away from my home country. But hard for different reasons.

When my father in New York was ill last December, I was unable to go visit and help him.

In California, where I lived and worked for seven years as a science teacher, two good friends had baby sons. I have not been able to meet them. One of my former students got married but I could only attend the wedding ceremony virtually.

From my home in Central Mexico, I watched one friend after another travel freely between the United States, Canada and Mexico, accompanied by their family members. I found out that a long-time dream I’ve had, to be a research associate of my alma mater, Cornell University, would not be possible. Even though the director of a lab was interested in collaborating, the University does not allow off-campus appointments.

Every time I experience these disappointments, I handle them the way I have in these past eight years of exile in Mexico—I focus on the other positive things happening in my life.

Exile? Yes, I have been living in exile in Mexico since 2006. I don’t like the sound of it, and I can’t say my plight is equal to that of other famous exilees, such as the Dalai Lama, Nelson Mandela, or Malala Yousefi. But the reasons are ultimately the same—because of a political reality in my home country, I am forced to live away from my birthplace, and have been obligated to call another country home.

Sadly, I am not alone. Hundreds of thousands, possibly millions, of Americans are either forced abroad, torn apart from their family members, or forced underground in their own country, for the same reason that I am in Mexico: our broken immigration system. Thousands of us live abroad in isolation, subject to abject poverty and violence. Thousands of Americans’ family members—spouses and parents alike, are waiting indefinitely in their home countries to be reunited with their families. Thousands of Americans are living in the shadows in the U.S., as I once did with my husband, from 2001 to 2006.

What could possibly be causing this epidemic of Americans in exile? Why have I been unable to return to the U.S. all these years? The answer lies deep within the technicalities in current immigration law, statutes that were introduced with the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), signed into law by former President Bill Clinton in 1996. This law led to the plight I am in—that hundreds of thousands, perhaps millions of Americans are in—today.

I’ve probably talked with thousands of people about this issue. The vast majority of Americans I speak with are truly confounded by this state of affairs. They ask me, “But why can’t your husband immigrate legally? You’re married!?”  So I coauthored the book Amor and Exile: True Stories of Love Across America’s Borders (Cordillera West 2013) with journalist Nathaniel Hoffman, to try and answer that question. But even as we explored many different reasons behind the plights of families like mine, I am still no closer to accepting the status quo. I actually sent you a copy of the book last summer. After publishing, we raised enough money to deliver over 600 copies of our book to legislators and officials on Capitol Hill. And we’ve continued to share our stories with thousands of Americans since then. I hope you or someone in your staff had an opportunity to read it.

Because my husband was subject to a 9c immigration bar before we began dating in 2001, even when we were finally married in 2004, I was unable to confer legal status on him. He had come to the U.S. to work without papers, and had been stopped and sent back. Prior to the 1996 law, my husband would not have received a 10-year immigration “ban” for that. But in the true spirit of the marriage vow for better or for worse, I chose to stay with my partner, and that meant I took on the burden of his immigration status, even when we were told by lawyers that the only way we could obtain legal status for him was to leave the country for 10 years, in the hopes of being able to someday apply for a pardon and then maybe a visa.

This December is our tenth wedding anniversary.  We have been in Mexico together for eight years. My husband has not seen my only living grandmother since then. He has not seen my only sister-in-law since we left California in 2006. I have not had income above the U.S. poverty level since then. I am afraid that even though we may make it ten years in Mexico, we will not be able to afford the legal process to try and return to the U.S. someday.

So much furious debate on immigration has yielded so few actual solutions in our Congress since I married my husband. Amor and Exile gives a thorough account of efforts like these and the history leading up to them, as well as other ideas for future relief. Some bills were more openly anti-immigrant than others. But finally, in 2013, we had hope with the comprehensive immigration bills, SB 744 and HR 15, which would grant relief to millions of hard-working undocumented immigrants. The American Families United Act, HR 3431 (now with several bipartisan co-sponsors), would help families like mine. Both bills would provide an opportunity for my husband to apply for a waiver immediately rather than continuing to wait.

But the frequent rise and fall of these bids leaves our families hanging on for dear life on this roller coaster ride on which our very futures depend. We hope and pray for legislative relief every day. Now, the long-term failure of Congress to act may finally compel you, Mr. President, to do something of your own accord. You tried for many years to prove you were “tough on immigration,” and you have received criticism for record-high deportation levels.

President Barack Obama Delivering 2013 Inaugural Address Photo: White House/Lawrence Jackson
President Barack Obama Delivering 2013 Inaugural Address Photo: White House/Lawrence Jackson

I knew you were doing this to try and provide the right conditions for Congress to move a comprehensive reform bill forward. But in the end, all that hard bipartisan work to pass a bill has been taken hostage by the radical Right. So I applaud you, Mr. President, for wanting to do something about the immigration impasse. It’s the right thing to do, especially in a nation of immigrants.

But here’s my fear: when that executive action is revealed, the one you have been deliberating for quite some time now, it will leave families like mine—like hundreds of thousands of others—out in the cold. I’m also afraid that after executive action goes into effect, backlash in Congress could make it even harder to pass bills that would provide relief to families like mine. If we can’t get relief from either executive action or these bills, our hard-working American families, who exemplify cherished American family values so much that we’re willing to risk life and liberty for our kin, will be left to languish in limbo, and left out of the opportunity to “get right” with the laws and live under one roof together today, in America, without fear.

I support the multitude of rationales to include millions of de facto Americans who contribute to our society on a daily basis with humane executive action. My family must be included in this reform as well. My spouse should be able to seek citizenship alongside me, as our daughter has, with all the attendant privileges citizenship confers, without the cruel and unusual punishment of a ten-year waiting period abroad with no guaranteed outcome. I should have the autonomy to decide where I will live with my family. As an American citizen, I should not have to choose between my husband and living in the U.S. My great-grandparents did not have to make that choice. Nor should hundreds of thousands of my counterparts have to choose between their family and their country.

President Obama, restore my faith that you kindled in your inaugural address last year, when you said, “Our journey is not complete, until we find a better way to welcome the striving, hopeful immigrants who still see America as a land of opportunity; until bright young students and engineers are enlisted in our workforce rather than expelled from our country.”  Be as creative as possible and use the full extent of your powers to take the lead in finding a way to include my my family—my husband—hundreds of thousands of our American familiesin that vision, and in any executive action you take on immigration, so we do not have to make the decision between family and country anymore.


Nicole R. Salgado

California Voting District 18

and the Undersigned

Amber Henderson, Georgia, District 4
Rebecca Amirah Barragan, Texas, District 15
Jane McGroarty Sampaio, Massachusets, District 9
Meggan Macchado, Massachusets, District 9
Charlcie Cubas, Wisconsin, District 7
Krystal Loverin, Oregon, District 2
Linda Cedillos, Virginia, District 4
Shayna Elizabeth Diaz, California, District 4
Emily Bonderer Cruz, Texas, District 16
Rob Woodall, Georgia, District 7
Amy Koenig Da Silva, Massachusets, District 9
Shannon Ledezma, Texas, District 23
Israel Sanchez, California, District 53
Susan A. Davis, California, District 53
Elizabeth Sommo, Texas, District 15
Hannah Hoover, Texas, District 14
Kimberly Griffith, North Carolina, District 15
Angela Hernandez, Minnesota, District 4
Kamie Timms, North Carolina, District 10
Elizabeth Huerta, Texas, District 16
Laurie Hernandez, South Carolina, District 1
Madina Salaty, Kansas, District 2
Sylvia Malagon, North Carolina, District 4
Amelia da Silva, New York, District 23
Lucindia Dawn Torres, Oklahoma, District 1
Amanda Cameron, Colorado, District 1
Valeriano Serradilha, Georgia, District 6
Crystal Costella Mendez, Pennsylvania, District 8
Peggy Soto, Indiana, District 9
Sany Figueiredo, Georgia, District 7
Laura Lopez, Wisconsin, District 8
Maria Ferreira, Pennsylvania, District 13
Edgar Falcon, Texas, District 16
Allyson Batista, Pennsylvania, District 1
Kim Repp, Virginia, District 3
Raquel Warsing, Pennsylvania, District 3
Lana Janelle Heath Martinez, Virginia, District 7
Curt Clawson, Florida, District 19
Dawn Naveja, Illinois, District 5
Pamela Deligiannis Monroy, Virginia, District 7
Shirah Cahill, New York, District 22
Diana Cahill, New York, District 25
Moshe Cahill, New York, District 25
Ilana Stevenson, New York, District 25
Sonia Estrada, Oregon, District 5
Heather Ruark, Georgia, District 5
Joanna Eros, Pennsylvania, District 16
William Ruark, Virginia, District 7
Dana Cawthorn Bautista, Florida, District 19