A Broken System

Years ago I was the in-country representative for NISGUA, the Network in Solidarity with the people of Guatemala. Part of my responsibilities was to obtain travel visas for the Guatemalan activists who would be participating in our U.S. speaking tour.

One of the participants was a young indigenous woman who was a leader in her community and the Guatemalan organization CONIC (National Coordinating Committee of Indigenous People and Campesinos).

I went with her to the U.S. Embassy in Guatemala City, in order to accompany her through the exhausting and intimidating visa application process.
During her interview I explained to the bureaucratic face behind the bullet-proof glass that the NISGUA speaking tour was event meant to raise awareness of the struggles facing Guatemalans and the need to work together in support of the peace process and human rights.

I also mentioned that she would be spending about two weeks sharing her personal story with schools, churches, universities and solidarity groups. And lastly I provided the paperwork which detailed her itinerary and demonstrated that all of her costs would be covered by NISGUA.
Her visa was, of course, denied.

The official explanation was that she didn't have the sufficient financial resources to guarantee that she would want to return to Guatemala. In other words: she was too poor to be trusted.

The basic assumption of the U.S. Embassy is that unless you have mucho dinero in the bank, your own house and car, and a very nice salary... you cannot be expected to resist the great temptation to stay in the "promised land".

Thanks to letters from influential American politicians who support NISGUA, the U.S. Consul General agreed to meet with us and eventually reversed the decision. Even then, he threatened me by saying: "We are going to allow her to travel to the U.S., but when the speaking tour is over she has to immediately present herself at this Embassy, or it will be a black mark in your file."

Obviously we complied... so to this day I have no idea what a "black mark" means or even what file he was referring to. (My guess: it can't be a good thing.)

This lengthy introduction to the following article was meant simply to raise two questions:

1. What do you think the chances are that your average Guatemalan (ie: one without the support of powerful U.S. politicians and International Solidarity organizations) can obtain a U.S. tourist visa... much less a temporary work visa?

2. Would that perhaps explain why so many people are forced to immigrate to the States by paying their life savings to smugglers, facing thieves and rapists, crossing a deadly desert, and then living in the constant fear of deportation?

I encourage you read to the following article which tells the heart-breaking stories of men, women, and children who are victims of our broken immigration system. This is the first in a two-part series.

A Broken System
by Kim Salinas and Cheryl Distaso
January 26, 2006

On alternate days the students at Harris Bilingual Elementary School place their hands on their hearts and say the Pledge of Allegiance in Spanish: “Juro lealtad a la bandera de los Estados Unidos,” they chant. Half of them, including Alicia, come from homes where Spanish is spoken, half hail from homes where English is spoken. All pledge loyalty to “one nation, indivisible, with liberty and justice for all.”

Alicia’s parents also feel an allegiance to the United States, which became their home after they fled the violence of war-torn Guatemala in 1988. That allegiance adds to the hurt they feel about the recent denial of their asylum application, which has been pending for more than ten years. The war is over, they were told. You can go home. Home to them, and to their U.S.-citizen children, is the United States. But the law does not permit them to stay.

Our nation appears neither united nor indivisible as we debate over immigrants and immigration. As problems worsen in our nation, many seek a scapegoat, and as the saying goes in Spanish, “The chickens on top let their droppings fall on the ones below.”

Instead of holding those in power accountable, we shift the blame down to the victims. The immigrant becomes the culprit for everything from urban sprawl to declining family values. Meanwhile, immigrants and their families become more and more confused by public scorn from a nation that they love, that they help build with their labor and make strong with their loyalty.

The truth is that our immigration system is so dysfunctional that it encourages noncompliance. The current system is incompatible with the needs of families and of the U.S. economy, and a strengthening of existing laws will only lead to more violations. What is needed is comprehensive reform of the entire system.

Please read the entire article

Kim Salinas is an immigration attorney and a volunteer with Fuerza Latina. Cheryl Distaso is the coordinator for the Center for Justice, Peace, and Environment.

Tags: Guatemala, immigration, United States, Embassy, Visa

Posted by elcanche at January 28, 2006 11:09 AM