Katherine blogged about the Claudio Nunez sob story ... here are my thoughts
[getting on soapbox]
Yes - its sad that she will be separated from her family. But she's had more than ample time to file papers with INS ... and would most likely have speedy service (say less than 4 years) since she has US citizen children. Yes its a lengthy process ... and yes it costs money ... but nothing in life is free.
We jumped through all the hoops, paid all the fees, and got to hang out in immigration offices for several years. It took over four years for Steve to get his greencard. We had to file for *advanced parole* during those years to allow Steve to leave the US and go to England to visit his family. But we filed the paperwork. We paid the fees. We did the interviews. And then we waited for the giant sloth that is INS to do their jobs. And eventually ... they did. Steve now has a shiny greencard.
Mrs. Nunez could have done the same thing ... and because she didn't ... now she expects our government (and the media is lapping this up - they love the sob stories) to bend the law for her. We shouldn't have to bend the law. She had FOUR AND A HALF YEARS to get her act together and file for her greencard. She would have gotten it faster than my husband did because she has children. They count for more than spouses!
There has to be a line ... where you say - ok - here is the law - and it's not unreasonable. All people have to do is their part. She would have *DEFINITELY* been given a greencard since she has children ... so its not like she even had to worry about being denied.
Why does someone deserve mercy for ignoring the law and crossing their fingers that they can get away with it? Although mercy isn't something that is *deserved* by its very nature ...
ARGH! Her poor children!
Perhaps everyone should have to go to an immigration office at least once. Seeing who is there ... and what goes on ... makes you understand why we need to have tougher immigration laws.
Perhaps Mrs. Nunez doesn't need to be deported ... maybe she just needs to pay a huge fine and have to start the greencard process at the very beginning ... and in four years she could have her very own greencard! In the meantime - they'll get her a work visa - and her life will get back to normal. That would be mercy.
Who should be given the right to decide who should and shouldn't be deported? Case by case basis isn't really feasible ... when you think of the hundreds of thousands of applications flowing through INS all the time. I don't know what the answer is. But I'm just not going to feel too sorry for a woman who knew exactly what she was NOT doing ...
[getting off soapbox. preparing to be tarred and feathered because I don't have a bleeding heart]
I don't know your circumstances of immigration so I want to be very careful. One reason why Claudia's story moved me was that she will be deported to a place where she will very likely be mistreated, robbed, raped and possibly killed. From what I can tell, the government in El Salvador is not in control of the gangs.
I don't think she should get a free pass. I think she should have to pay a hefty fine and apply the correct way. I just don't think they should separate a family and perhaps sentence someone to potential death.
I do think that justice HAS to be tempered with mercy.
I do think that justice HAS to be tempered with mercy.
That's a reasonable response I think ...
I think I get overly annoyed about stories like this (obviously ... lol) because I actually HAVE lived through an immigration case. So many in the media and online are just talking out of their $%&*@ about something they have no understanding of. They pounce on one case out of the thousands and declare how unfair and ridiculous the law is.
The law is unfair, and quite ridiculous. You have experience as an english speaking, fair-wage earning wife of an immigrant. To compare that experience with Mrs. Nunez's is patently unfair. I have lived this myself. My parents were illegal immigrants (I hate that term)and my mother went through 30 years of dealing with the INS. She finally jumped through every possible hoop, only to be told in her final interview that her mother would be deported if she persisted. She waited until her mother died, then finally, at age 55, got her citizenship. Let's all quit hiding behind the letter of the law. Overstaying a visa isn't even a crime. it's a civil infraction, and isn't a deportable offense on it's own.
Actually, Claudia did not break the criminal law. Overstay on visa is a civil infraction only. Also, there is no relief available, no fine to pay to "get her greencard". The immigration laws favor uniting families but in fact, are out of date and do the opposite. This is an example of how the immigration system is broken.