Love is one of the main drivers of migration, and it always has been. As a new Biden administration executive action providing legal relief to hundreds of thousands of undocumented spouses of American citizens rolls out, it is essential that we recognize the million beautiful love stories behind the policy.
Across the United States, for decades, American citizens have been forced underground, exiled abroad and separated from their spouses for a surprising reason. Most people assume that if you marry an American citizen, your vows convey the right to citizenship. Our book told the stories of American citizens, including Nicole, who fall in love with undocumented immigrants only to find themselves trapped in a legal labyrinth, stymied by their country’s long exclusion of their partners. This Biden policy will finally correct some of this tragic story.
Our 2013 book, Amor & Exile, documents the stories of modern couples who made tough decisions to be together despite our broken immigration laws. Some chose to stay in the U.S., risking one partner’s deportation on a daily basis. Some were separated by the government. Other families, including Nicole’s, chose exile, leaving the United States for 16 years to live together abroad, trading their citizenship and comforts of home for relative security.
Announced on the 12th anniversary of Deferred Action for Childhood Arrivals (DACA), which offered some stability for people who came to the U.S. without documentation in their youth, this new policy promises to be a life-saving intervention for hundreds of thousands of American couples. And unlike with DACA, which is temporary and has proven legally unstable, the new Biden policy allows spouses who are undocumented to “parole in place” – an ominous-sounding term that means they can stay and work, and have a chance to adjust their status and to eventually become U.S. citizens. It has been successfully applied to military spouses who are undocumented.
All of this is clearly a welcome move for many mixed-status families. But it’s not perfect, comes way too late, and would still exclude many of the couples in our book, including Nicole and Margo. It also does not make up for the fact that the Biden administration has continued to militarize the border and further chip away at the right to asylum, including in the language of the executive action announcement itself.
Andrea Flores, a former administration official and vice president of immigration policy at Fwd.US, told the New York Times last week that there could be 1.1 million couples stuck in this limbo. Some organizations place this estimate at up to 2 million. But the administration’s announcement estimates that only about 500,000 will qualify under this new action. And in fact, many of the couples in our book would not have qualified, as their partners had not been in the U.S. for the required decade, or they may have other bars that exclude them from the relief.
Still, it’s a smart political move and it will definitely change the lives of hundreds of thousands of American couples, including the lives of their children, their extended families and their wider communities. Many of these families include DACA recipients as well, giving them a new option for a more permanent status.
In May 2001, then-President George W. Bush wrote to the Speaker of the House asking for an extension of 245i, a section of the immigration code that allowed undocumented people who were otherwise eligible for a visa – including a marriage visa – to apply from within the U.S., rather than being forced to return home and face a 10-year or permanent ban from the country.
“Dear Mr. Speaker: I am a strong proponent of government policies that recognize the importance of families and that help strengthen them. To the extent possible, I believe that our immigration policies should reflect that philosophy,” Bush wrote.
The 245i extension passed both houses of Congress and the House scheduled a debate to resolve differences with the Senate bill. That date was September 11, 2001.
Needless to say, the bill never passed. Since that fateful day in 2001, the U.S., a nation founded by immigrants, has become an increasingly hostile place for migrant families, even though 9/11 had nothing to do with our family immigration system – all of the 9/11 attackers flew to the U.S. with tourist or student visas.
The Biden administration is restoring a bit of dignity, a real sense of security, and a great chance at a future together to half a million American families with this action. That’s over a million love stories to be told. Let’s hear all of them, together, as a nation.
Salgado and Hoffman are the authors of Amor & Exile: True Stories of Love Across America’s Borders. In the book, Salgado tells her own story of exile with her formerly undocumented spouse. Hoffman, a former journalist, documents the stories of mixed-status marriages in the U.S. This essay represents their individual views.
In the going on 13 years I’ve been in Mexico, we’ve had to say “goodbye” to several good friends who have moved “back north” or elsewhere. In Amor and Exile, I wrote about a variety of different reasons that other expats end up down here in Querétaro and the solidarity we have being foreigners who’ve chosen to relocate here.
We hosted a reunion gathering of sorts last month when one of our dear friends who moved back to the States a few years ago finally was able to come back and visit. Kind of a big sister figure to a few of us, it was great to have her and her family here, reminisce about when our kids were toddlers and besties together, and that feeling of sisterhood while raising a family in a foreign country.
Around the same time we were hosting our good friends who were in town for the weekend, we were saying a different kind of goodbye to some other dear friends who had an immigration exile situation very similar to ours, but who finally got their break to return as a family this past summer.
Heather and Horacio (H2) met over a decade ago in Georgia, fell in love and decided to get married and start a family. As fate would have it, Horacio, also from Central Mexico (San Luis Potosí) experienced legal challenges to an adjustment of status due to having overstayed and working while on a tourist visa to the U.S. Heather ended up accompanying Horacio down to México as I had Margo. We both actually lived in Querétaro for several years without knowing it, but didn’t meet each other until we published Amor and Exile, Heather found the blog, and reached out to try and make contact.
To make a long story short, H2 didn’t have to apply for one but two waivers. Their first was an I-212, similar to ours that we applied for last June and got approved last September; and their second (an I-601) was precipitated by a torturous sort of double jeopardy penalty handed out late in his application process, at the end of his 2nd visa interview last year.
We had been waiting right alongside H2 , first for the visa interview, then for the results, for one, because that’s what friends are for, and secondly, because our paths have mirrored each other’s so closely over the last 12+ years. In fact, the things we two exiled ladies had in common in our journey are so downright uncanny we decided to keep a list of things we both have or have done:
Both are from the East Coast of the U.S.
Both are educators
Both have younger brothers
Both left the U.S. with our “inadmissible” husbands on a voluntary departure
Both stopped at the Grand Canyon on our last trips out of the U.S. with husbands
Both moved to Mexico in 2006 (3 weeks apart)
Both had a Nissan Platina car
Both lived in Querétaro (for 5 yrs w/o even knowing each other)
Both taught English in Mexico
Both had their first borns in Hospital Santa Cruz
Both first babies were born in the same room!
Same immigration lawyer (I referred them to ours)
Both had to apply for I-212 waivers for their husbands
Both had I-212 waivers approved
This running list of things in common became like a joke for us, with all of our uncanny similarities. It was one of many go-to sources of humor that our two families needed during so many months and years of darkness and despair, trying to hold out hope that we might be able to choose our destinies as a family and return to our homelands together with our families. H2 and their family did end up briefly separated for a short while while Heather worked as a schoolteacher close to family in Pennsylvania and took their two boys with her, a natural reaction to needing and wanting to command a better income to raise a family than one can in Central Mexico, and also based on the assumption that her husband would sail through his 2nd visa interview and have his green card that same calendar year. Unfortunately that plan got derailed when a consular agent decided that one waiver was not enough to clear Horacio’s name and that the family would need to prove dire hardship and greater deserving of returning together to the States than normal circumstances would dictate, and that Horacio’s overstay of his visa would jeopardize more than twelve years later.
The first and only time Heather and I finally decided to write down all our things in common was when our paths were finally about to diverge. It wasn’t when Horacio got the rejection at the consulate in Ciudad Juarez, which was earth shattering for their family, and which also shook us to the core. At their dinner table in their home a while later, Horacio related the depth of his sadness to me about when, after a series of unforgiving questioning at the bank-teller style booths in the consulate, he was shown a blue slip that invariably meant his visa application was being denied. Since we had the same lawyer (they got started on their process faster than we did), the first thought that went through my mind was “what did they do wrong?” The truth is more complex than can be described here. But beyond the facts of their case, which differ slightly from ours, on an emotional level we grieved that rejection with H2, and tears rolled right alongside them as Horacio recounted the interview and the hours that followed in the lonely hotel room in CDJ. We didn’t just know – we felt, we saw, we understood the letdown that it represented for them, and how easily that experience could be ours in a few short months.
Our two families’ shared trauma, a emotional and legal roller coaster that our children and extended families also ride, in all its grandparent-depriving, borderline bipolar parental mood highs and lows, results in a keen, unique bond uncommon to any other family friendships we’ve had. We actually led quite normal, ordinary lives here in Querétaro, both as teacher/trainers, bridging intercultural communities both at work and in our personal lives. Our WhatsApp conversations were filled with affirmative, humorous messages. Our families share a love for nature and we often had the privilege of enjoying outdoor adventures together. Then, when immigration woes invaded our consciences, there was only total, immediate, and unconditional support and understanding for each other. That is a rare privilege to share with a like-minded friend, much less in the same county two thousand miles south of home.
I write about these varying family “immigration autonomy” statuses, for lack of a better word, in Amor and Exile. Though most foreigners must apply for a U.S. visa (except those with visa waiver programs), most friends are not subject to the same level of scrutiny and decades-long processes that H2 and my family have had to endure – they also have the freedom to relocate where they so choose, whereas our family’s only real choice is to stay put if we want to stay together. H2 shared not only that same restriction with us, but also the singular drive to rail against it, and to keep trying, against all odds, to achieve familial autonomy in the eyes of the immigration system, and at its essence, an ability to relocate wherever they so choose.
The author at her first A&E reading in Querétaro, México, and Heather, at far left.
And so we weren’t surprised at all, in fact, we were impressed and delighted, to hear when H2 went ahead and applied for that second waiver (an I-601), right away, with our same lawyer. I do have to confess that I was surprised when their waiver was approved relatively rapidly, and they got their 3rd visa interview appointment in a matter of a few months the approval, while we are still waiting 10 months after our waiver was approved. But of course each case is subject to its own intricacies and order of events. We were unbelievably overjoyed when we heard that Horacio’s visa was finally approved, in the month of June this year. I was particularly happy for Heather because I knew a June approval meant she would be able to return to the school where she taught in Pennsylvania and also enroll her sons for next school year as well. The aftermath of a visa approval, when one has been out of the country for over a decade, can be complicated, as it could be for us, if Margo is granted one, due to the simultaneous timing of leaving current jobs, all the logistics associated with relocating a family, job hunting for the primary breadwinner(s), etc. But since H2 was banking on a visa relatively soon after the I-212 approval over a year ago, they were a few steps ahead in the game. I knew the relocation was to going to happen fast.
It did in fact snowball rapidly, as they had a vacation to Guatemala already planned, and that gave them a week to pack up their belongings from Horacio’s brother’s home where they had spent the last 10+ years, a week with family in the southern U.S. before school started for Heather and the boys. When we got the good news, I quickly realized that it might be my last chance to spend time with our friends before they’d be flying north, like migratory birds in springtime.
Our two families decided to go see Spiderman in a theater at a new mall that just opened not far from our home. The new fangled movie theater felt almost VIP for general admission prices, so we had a nice time. As we were leaving, I pitched stopping for drinks, milking the last private hours we would likely get with them. To my delight, they obliged, and while we sipped margaritas and the kids played, we got the skinny on Horacio’s most recent experience in CDJ, this time accompanied by both Heather and the boys. As probably only immigration/exile geeks like us would do, we replayed Horacio’s interview over chips and guacamole down to the questions and responses and what he wore. I found myself asking if my husband who has never worn a tie would have to don one – to my relief the suggestion was no. We got plenty of advice and tips from both of them, and my feelings teetered between elation and admiration for, and solidarity with them and their persistence, to fear of our own experience not working out, and selfish sadness at how much I would be missing them very soon. The night ended too soon, and was very airy and bubbly with promise and selfies, but I resolved to say goodbye with more pathos before they departed northward.
I think H2 knew how fast things were going to go with departure, but having been in similar situations myself, and knowing how the gravity of all the details and feelings associated with major events aren’t fully appreciated until you’re in the thick of them, or perhaps afterwards, I knew they would be “riding the wave” so to say and if I wanted to see them one more time I’d have to pay close attention. There was a tiny window where my impossibly packed work schedule and their own crazy schedule of getting back from their vacation and flying to Pennsylvania would cede a space of 2 hours, literally the night before they flew out. I debated whether I should add to their stress and try to see them one last time. But since I’m big on ritual in terms of life experiences, and considering how special H2 and their family have been to us in the last 5+ years, I wanted to try.
Sitting on Horacio’s brother’s couch, as she served salmon to his brother, sister, and their niece, I couldn’t help but feel like I was intruding on a solemn family goodbye dinner. They insisted it was no trouble, served us party mix, and Horacio sat on the couch with us, but I did feel like I was imposing. It was also after 7 pm and a school night for our daughter, so I resolved to be quick. I have gotten so good with not letting immigration matters get me down any more, so I didn’t expect tears. More likely, I am just internalizing and getting numbed by all the emotional horror carried by the stories from the border and the Interior under this current administration. But as Horacio began to talk about how Margo would certainly get his own visa, and as the four of us began to reminisce about the last several years, while the kids strayed in different directions, probably shell-shocked by the weirdness of the moment, my stoic facade quickly crumbled.
To present I’m still not quite sure what obsessive behavior compelled me to pull out my Notes app and ask Heather to help me write down the list of ours things in common that we’ve been compiling over the last six years since we published Amor and Exile and she found me through our book networks and showed up at our first public book talk in Querétaro. The list certainly wasn’t a priority thing she needed to do in that moment. I can’t come up with any better explanation than it was a coping mechanism, me playing journalist to my own life, knowing that the list has been important as many times to Heather as it was to me, that it helped keep her sane through all these years in exile in Mexico to know that someone else like her was surviving, even sometimes thriving; and that for both of us no matter what happened in our husbands’ immigration fates, there was someone else in the same boat, and that maybe, just maybe, if they were doing it, we could keep doing it too.
The more years you spend in exile, the more desensitized you become to the inhumane pressures of your life amounting to a ticker tape of immigration case readouts. The only thing that is keeping us whole, human, and alive with love is knowing the other faces, hearts, and hands that are swimming upstream against the waves, waterfalls, and hurricanes of hate, and persisting in the face of them all. Thank you Heather and Horacio for touching our lives, for sharing your humanity, your friendship, your generosity, your indefatigability with us. And congratulations on this huge win in the struggle to keep our families together. We will see you soon “al otro lado,” whichever “side” it may be.
The author and her friend Heather with their families over the holidays in Central Mexico.
The big day finally arrived, almost two weeks ago. September 18, 2016. Marking ten years since we drove across the border in Nogales, AZ. It now feels like ancient history.
Highway in Jalisco, Mexico, 2006
I think I sort of imagined back then that on September 18, 2016, we would be hovering over a sheaf of papers, ready and waiting to urgently send in the famous waiver application that would pave the way for Margo (and our family) to return to the U.S., soon after to be whisked back to the U.S. to reestablish our interrupted lives there. In reality, the scene at present is much more complicated, and just plain different than what I had first pictured.
The actual September 18th, 2016 went more like this for us:
The piñata
The cupcakes
The mezcal
Back in the spring of this year, we finally submitted Margo’s I-130 application, which I wrote about in my first “the tenth year” post. Rather unceremoniously, our lawyer submitted the files to USCIS, USCIS acknowledged their receipt of the application, and we haven’t heard anything back since.
Rather than sitting around biting our nails, basically, life just went on. I still work at Peace Corps Mexico, and Margo still builds thing for local folks who have requests for custom furniture. Our daughter is still attending a little Montessori school that lets us bring cupcakes in to celebrate her birthday with her classmates, complete with a lovely circle around the sun ritual that marks every year since her birth.
In fact, the only reason why September 18 is normally celebrated in this house is not because it marks the day we crossed into Mexico, nor the anniversary of my Mexican naturalization (it really does share that date) – but rather that it’s our daughter’s birthday. Why fate would have chose to combine 3 such event all into one date is beyond my comprehension, but it did make for a rather pleasant celebration opportunity this year, especially given that we have more reasons to be grateful for our life here than we have complaints – leading to a profound lack of urgency to return to the States.
Being a plant person, I’ll use a botanical metaphor. After 10 years, favorable conditions have led to our growth as a family, and we’ve put down deep roots. In the plant world, transplanting can be risky business. If the plant and its roots have been neatly contained in a smooth, enclosed container, it’s fairly straightforward to move it to a larger container or plant it out into the ground. In fact, it’ll probably be happy for you to do so, especially if it was cramped before. But if a plant has been growing freely in the ground, its roots spreading deep and wide into the rich soil, intertwining with rocks and other plants’ roots, drawing up plenty of fresh water and nutrients and leafing broadly into the bright sunshine, it’s not going to take so kindly to your digging under it, pulling it up, and severing its roots. Often, the plant dies back considerably before taking off again in another place. Sometimes it never quite survives the transplant, and just withers. In other words, if the plant is flourishing, there’s got to be a really good reason for you to go for the transplant.
I’ve pulled up roots a few times now in my life, first when I left NY to go to CA, where I met Margo; and again when Margo and I left CA. Each time the pulling up roots itself was not so traumatic – perhaps the previous conditions left my roots feeling cramped or limited somehow, and so they were ready for an upgrade. But the transplant to Mexico was complex. At first, it felt like I’d gone from fertile to rocky soil, and I wilted a bit – for a couple years. But like the mesquite trees here who slowly, but surely send their roots deep down to the subsoil to find water after which they pull it up for others nearby to share, I dug deep down inside and found inner reserves that I wasn’t previously aware of – in the form of resolve, patience, and commitment. I also discovered nourishment all around me in México, in the form of a home of our own, friends, culture, a growing family, future colleagues, and the vast beauty of the natural environment.
Considering what’s been invested into my flourishing again, I probably shouldn’t be surprised at my own hesitation at visualizing such a big move again, especially when there are no guarantees as to the outcome.
So when everyone asks, “are you going back up to the States?” (now that the 10 year waiting period has passed), the first thought in my mind is honestly “why?” and then, “flojera” (Spanish for an almost self-indulgent laziness). I have to confess, there are a few other external factors that don’t help us chomp at the bit for a return bid; namely the cost (>$5,000 USD), this year’s Presidential race ( I definitely won’t make ANY moves until after we see the outcome on Nov. 8), and the police brutality situation (my family members are brown-skinned).
Still, the main pull to return has always been, and will continue to be, the distance from family. We make it work through visits, and when they happen they are truly enjoyable. My daughter seeing her grandparents (my parents) only twice a year and me seeing my brother on average only once a year is getting old fast. But a few conditions for a move that I’ve conjured up haven’t presented themselves yet, namely, forward movement on the visa application (it’s a matter of time and then money), getting the title to our home so we can sell before a move (it’s taking forever), and me finding a really amazing job that would make a move worthwhile (I haven’t been looking, since the visa piece takes longer).
If this is painting a convoluted, circular picture as to what logic I may or may not be applying to a move northward, it’s not accidental. An unseen force seems to be holding those roots fast in place for now.
Piñata top and garambullo
I am acutely aware that a factor in my being able to stay ten years in Mexico was an initial Herculean effort to find contentment within the confines of a limited situation. Therefore, I want to inject a heathy dose of suspicion into my complacency (I’ve noticed it in myself in other areas of my life besides my thoughts on moving north), and keep it present to make sure I am not selling myself or my family short – but I haven’t quite figured out how to make sure that I’m not letting the difficult years here or the U.S. media cloud what hasn’t yet but might emerge as a dream of a life in the north.
Writing and reflecting on this question definitely helps a bit, but then when one who is prone to plant metaphors tries to type out a coherent explanation as to why she just might not know what she wants yet (in terms of where she sees herself in 5 years), and then her husband of 12 years sends her 6 year old into the house holding the first mature avocado that’s fruited from the 12″ sapling from the Sierra Gorda that she planted her yard 8 years ago, where in the background orange butterflies flit among dozens of wild sunflowers under the bright blue sky, well, answers to elusive questions seem just as hard to find as they’ve been for the last 10 years.
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.
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.
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
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 families—in 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.
Sincerely,
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
Sharing my story and my opinions about immigration and reform has always created a haphazard mix of cynicism and optimism. Cynicism due to the lack of political will in Washington for so many years to create humane immigration policies. Optimism because no matter how many people I talk to, I always meet people who are outraged to hear our story and what happened to us as a result of draconian immigration laws.
My experience during our two most recent events in Mexico — in Patzcuaro, Michoacan and in Guanajuato, GTO — were no exception. Given the fact that Amor and Exile was a moonlighting project for both of us authors, we have limited amount of time to devote to its promotion, beyond social media. And being an individual affected by the “broken immigration system,” I take the lack of forward progress in these affairs particularly personally. So as invitations started to come during 2014 to give talks in different parts of Mexico, I was super delighted to know that this issue is important to others beside my immediate family and allies.
The trip to Patzcuaro was sponsored by the Patzcuaro and neighboring Morelia book clubs, hosted by Victoria Ryan of Hotel Casa Encantada, with Dara Stillman organizing. Although the list of incidental benefits to anyone in exile is short, for me, this trip ranked high on the list — 3 nights in an incredibly gorgeous B & B in the heart of a quaint Mexican mountain town known for its Dia de los Muertos celebrations on Isla Janitzio in Lago Patzcuaro. In addition to the official event on May 9th, Margo and I spent countless hours discussing the issue with dozens of expats who were extremely interested in the issue and our story. Many people expressed a lot of disgust and frustration with U.S. immigration policies for their inflexibility and inhumanity. The event with this crowd was seminal for me in a way because both individually and collectively, they encouraged me to “let loose” a little more in my political opinions on the issue. In the past, when in the public eye, I tend to make a lot of effort to frame things diplomatically, for fear of being considered inflammatory or controversial. But at the Patzcuaro event, since the people in our audience asked me to, I felt free to express my true feelings about a specific issue without worrying about how I said it.
Nicole and family with Dara Stillman and Victoria Ryan in Patzcuaro, Michoacan.
A few uncanny coincidences also occurred in Patzcuaro. The first was that we were taken to a place that my family and I had stayed in the year before our daughter was born. We had the opportunity to converse at length with the owner, a Mexico City born intellectual who is an artist in his own right. Next, I found out that the Buddhist monk/author who had greatly helped me during my first years in Mexico had stayed across town while writing one of his books. I was invited to visit the retreat center, Casa Werma, and its amazingly beautiful grounds the day before we left. My hosts, Rine and Kai, direct the center and also offer workshops on meditation. After receiving a private session on meditation, I couldn’t help but wonder what forces were at work in the universe to introduce me to my husband 15 years ago, to the works of Chogyam Trungpa Rinpoche 13 years ago, to relocate to Mexico, struggle with relocation and more deeply understand the meaning of Buddhist wisdom as a direct result of the exile 8 years ago, begin to write of my own journey in exile 3 years ago, and then walk the same grounds where Rinpoche had written about the wisdom of “groundlessness” on Mexican soil this year. Rine called them “auspicious coincidences.” I fancy that something is going on beyond what I’ve directly perceived, and this kind of knowledge fuels my resolve to continue with this path.
In Guanajuato this past weekend and yesterday, although the events were less coincidental than Patzcuaro, they were no less auspicious. It was our first invitation to speak to a law class, and we were pleased to discover that the professor, Beth Caldwell, had found out about our book from the ImmigrationProfBlog last year and assigned parts of our book as reading. Caldwell is an Associate Professor at Southwestern University and is teaching a class in the Summer Law Institute at the University of Guanajuato during June attended by law students from the U.S. and Mexico. Upon meeting this past weekend, I was delighted to find out our families have some things in common, and appreciated how proactive Caldwell, who also has a background in social work, was about exposing her students to real-life stories that potential clients grapple with as a result of U.S. immigration policies.
Nicole and family with Prof. Caldwell at University of Guanajuato Summer Law Institute, June 16, 2014
During the talk, one of the students asked whether I thought that wider awareness or better access to information would have somehow impacted our life choices in the past. It was a really hard question to answer because it can be analyzed on so many levels — the personal for both Margo and I, the political (in terms of whether greater public awareness could influence policy). Looking back, I think my answer was more cynical than I would have liked. But then many questions later I continued to make optimistic comments, especially regarding the importance of outreach. I explained that the issue is often painful, but that sharing our story was ultimately therapeutic because it ceased to become just our own personal cross to bear. By externalizing the issue, it becomes available for others to take up — or not — and I am eternally appreciative of the compassionate souls out there who righteously recognize this issue as one of universal concern and worth shouldering along with those of us who are directly affected.
Exploring the many sides of this issue reminds me of discourse regarding evolving scientific matters — when something can be spun so many ways, and affects individuals, families and societies in so many ways, there aren’t really any simple answers. Discussion of the many facets of an issue can sometimes slow forward progress toward consensus. But one thing that is clear, and I knew this since before we even started writing the book, is that as long as so many people are in the dark about the very nature of our country’s immigration policies, and with so many people wanting to know the truth about the direction our country is headed in and how to steer it in a more humane and just direction, my moral obligation to speak out on the issue continues. I may not have the resources to bankroll political candidate’s campaigns in order to enact policies that are convenient to me, but I can keep participating in this discussion until I am unable, with whoever wants to join me.
Stained glass window at University of Guanajuato
Perhaps auspiciously, a message in a stained glass window at the University of Guanajuato states, “La verdad os hará libres.” The truth will set you free. A mantra for us all.
The authors of Amor and Exile are commemorating the first year since publication by hosting an Amazon Kindle Countdown Deal today, Saturday, May 31st, through Monday, June 2nd, 2014.
We never would have guessed that a YEAR after delivering 635 books to Congress, immigration reform STILL wouldn’t have passed! But the fight still continues.
To help get the word out there to the American public who can help us win this fight, we’re practically giving it away copies of our Kindle version for $0.99 today, $1.99 tomorrow, and $2.99 on Monday on the Kindle store. Regular sales price is $7.99. Kindle apps are available for almost every mobile device and laptops.
Please tell all your friends why you think they should download a copy. Or if you haven’t yet, now’s a better time than ever to learn more about the laws affecting American families with undocumented spouses and their heartbreaking stories.
It will soon be a year since Amor and Exile’s publication in May 2013, and although more people than ever are speaking out and making their stories heard as to why they need immigration reform, the political scene has not advanced much in 2014. At the end of December 2013, we posted a 2013 year-in-review that summarized all the happenings in immigration reform since we had completed our book manuscript. As we go on the road several times during late spring and early summer of 2014, and celebrate a year since our publication, it’s a good idea to take a look at where we’ve come from since January and where we find ourselves now.
American Families United, one of the advocate groups that helped draft HR 3431, traveled to D.C. to lobby on behalf of family-based immigration reform, and got four new co-sponsors for the bill. The hopes had been that less controversial, less overarching bills (a.k.a. piecemeal legislation) could pass the House more easily. But we still have no word on when and if debate on this bill could occur: http://americanfamiliesunited.org/news?mode=PostView&bmi=1510580
February
In the month of love and valentines, Amor and Exile went on the road a few times and met with broad support for reforming family-immigration. If only Congress could reflect what the majority of people seem to want.
Nicole’s family joined her to speak about the Amor and Exile project to a group of Mexican fourth-graders at the Instituto Thomas Jefferson in Queretaro, Mexico. Even the eleven year olds “got it” better than some politicians seem to.
This seemed to be the month of debate where no one could really take responsibility for this mess. Obama and Congress kept tossing the hot potato back and forth to each other, as deportations, family separations, and the living in fear and hardship for millions of families continued.
Perhaps in foreshadowing to what might end up a series of painful-to-observe theatrical performances by politicians with an immigration issue prop in upcoming elections (at least for those of us affected by it), even Jeb Bush stepped out with his take on immigration, calling it an act of love: http://thinkprogress.org/immigration/2014/04/07/3423496/jeb-bush-act-of-love-border-crosser/. As if these ladies don’t know that all too well.
Nicole and three friends in exile in Mexico. Photo by Jose Membrila.
And in the winner of all ironic politics, despite Obama having the closest family ties to immigrants of recent presidents, he is the toughest president in history on immigration, with a whopping 2 million+ deportations since taking office—and yet, despite this record, for certain members of Congress, it’ll never be enough: http://www.huffingtonpost.com/2014/04/24/gop-immigration_n_5206390.html
May
And in May, it looked like the right hand doesn’t even know what the left hand is doing… Boehner griped to Ohioans about the immigration impasse: http://www.chron.com/opinion/editorials/article/Immigration-impasse-5449547.php. I wonder what he wanted the Madison Rotarians to do about this—invite the Party over for Tea?
After so many people’s hard work on this issue, it’s really getting overshadowed by endless obstructionism. To say that cultivating optimism for a positive resolution this debate is challenging would be an understatement. In our book, and in conversation with the public, we’ve seen where we’ve been, and what we currently face. The part about where we go from here is to be continued.
