• MSN
  • Hotmail
  • More
    • Autos
    • My MSN
    • Video
    • Careers & Jobs
    • Personals
    • Weather
    • Delish
    • Quotes
    • White Pages
    • Games
    • Real Estate
    • Wonderwall
    • Horoscopes
    • Shopping
    • Yellow Pages
    • Local Edition
    • Traffic
    • Feedback
    • Maps & Directions
    • Travel
    • Full MSN Index
  • Bing
  • NBCNews.com
  • TODAY
  • Nightly News
  • Rock Center
  • Meet the Press
  • Dateline
  • msnbc
  • Breaking News
  • Newsvine
  • Home
  • US
  • World
  • Politics
  • Business
  • Sports
  • Entertainment
  • Health
  • Tech
  • Science
  • Travel
  • Local
  • Weather
Advertise | AdChoices
  • Recommended: Oklahoma combs through wreckage after 'storm of storms' leaves 24 dead
  • Recommended: More 'devastating' tornadoes possible on Tuesday, forecasters warn
  • Recommended: Army general suspended from duties amid adultery investigation
  • Recommended: Jodi Arias pleads for jury to spare her life, says, 'I want everyone's pain to stop'

NBC News reporters bring you compelling stories from across the nation. For more US news, follow us on Twitter and Facebook.

  • ↓ About this blog
  • ↓ Archives
    • Icons Email E-mail updates
    • Icons Twitter Follow on Twitter
    • Icons Feed Subscribe to RSS
  • 10
    Apr
    2013
    6:32pm, EDT

    Through the obstacle course of immigration, many paths to citizenship

    John Moore / Getty Images file

    A woman takes the oath of allegiance during a naturalization ceremony in Newark, N.J., in January.

    By Erin McClam, Staff Writer, NBC News

    This is the first story in NBC News’ series “Immigration Nation,” an in-depth examination of immigration in America.

    The talk about reforming the American immigration system has focused on getting 11 million undocumented workers on the path to citizenship. It’s a simple idea that obscures a thorny truth.

    Immigration Nation

    An in–depth look at immigration in America

    There is no single path to citizenship. There are hundreds.

    Which path you take can depend on who your relatives are, whether you are safe in your homeland or how good you are at your job — in the case of one Canadian burlesque dancer, whether you can prove that you twirl your tassels in a truly unique way.

    Which path you take can depend on where you come from and how you’re trying to get here, on the whims of the federal government and on the laws of supply and demand.


    You can set out on a path through your family or your job, as most immigrants do — hitching your hopes to a citizen brother or sister, or to an employer willing to be a sponsor.


    Follow @NBCNewsUS

    You can take up arms for what you hope will one day be your country. Or you can win the lottery: Up to 55,000 spots each year go to people who line up for hours in far-flung places like Bangladesh or Kazakhstan to enter a drawing and try their luck at a new life.

    So what happens once you choose your path? There are at least 4.4 million people whose first-step visa petitions have been approved and are waiting for a green card that would grant them permanent residency, the vast majority trying to enter with help from relatives in the United States, according to the State Department.

    But that hardly means the path to citizenship is clear. Any number of obstacles can block the way. You can fall in love with an American citizen and move to a different path. You can be kicked off the path. Or the path can shift on you.

    Slideshow: Your newest fellow Americans

    John Moore / Getty Images

    Nearly 700,000 immigrants take the step to U.S. citizenship each year. Meet some of those who have just become part of that select group: Americans.

    Launch slideshow

    That is what happened to Sergio Garcia of Mexico, who has been waiting 19 years.

    His father, a retired California farm worker, sponsored him for an immigration visa in 1994. At that point, the father had a green card, and the son had crossed the border without documentation, in the back of a truck.

    For Garcia, Nov. 18, 1994, is what is known in the system as a priority date. To would-be immigrants, it means everything. When enough of the backlog has been cleared and your date comes up, you can take the final steps toward a green card.

    More than a decade ago, enough of the backlog had been cleared for Mexicans in his immigration category that the priority date was Nov. 12, 1994 — just six days from his date.

    Then the line jumped back three years, as it can when immigration officials work through a glut of cases. Since then, on the 15th of each month, Garcia has logged on to a State Department website to read the latest visa bulletin, to see whether he is any closer.

    Garcia said that if he had known at the beginning that it would take two decades to get his green card, not the three to five years he was told, then he would have returned to Mexico.

    NBCLatino.com

    Click the graphic for a larger version (new window).

    “It’s probably been a month or two since I last ended up crying, because sometimes this life does get to you,” he said. “It’s not living, it’s surviving.”

    The United States admits up to 675,000 immigrants legally each year, including up to 480,000 who are related to American citizens but are not spouses, minor children or parents, according to the Department of Homeland Security.

    That figure includes 47,250 slots for each of the countries with the highest demand, including Mexico, the Philippines and India. Demand from these places far outstrips the supply of immigration slots.

    From Mexico alone, the theoretical line is 1.3 million people long. If you are emigrating from the Philippines through a brother or sister who is a U.S. citizen, and you are getting your green card today, you got “in line” about the time the Berlin Wall came down.

    And the green card is only the first step, entitling you to a five-year wait for full citizenship. In the interim, you can be rejected for a variety of reasons, including bounced checks, clerical errors on your application or adultery.

    NBCLatino.com

    Click the graphic for a larger version (new window).

    “The system is just way too complicated,” said Margaret Stock, an immigration lawyer from Alaska who has testified before Congress on the issue. “It’s so complicated and difficult that people can’t absorb it. They think: There’s no way I can navigate that.”

    You can pay to get on a path: 10,000 visas — and ultimately green cards — are reserved for foreign nationals who invest at least $500,000 in an American business, though the program has never reached that number in the two decades it has existed.

    Some paths are shorter than others. Qualified immigrants who have temporary visas can join the military and become naturalized citizens as soon as the end of basic training. President George W. Bush expedited the military path after the Sept. 11 attacks.

    And about one in 10 people legally admitted to this country every year is granted entry because of asylum or refugee status, and a one-year path to a green card, after proving a legitimate fear of persecution at home.

    That happened to Parvaneh Vahidmanesh, who was in the United States on a visa when Iran was engulfed by violent protests after the disputed 2009 presidential election.

    In an open letter in The Wall Street Journal addressed to Iran’s supreme leader, Vahidmanesh demanded to know why a bullet was the answer to peaceful cries of opposition. The United States deemed it too dangerous for her to return home.

    NBCLatino.com

    Click the graphic for a larger version (new window).

    Vahidmanesh applied for asylum after the Journal letter was published, was granted asylum in September 2009, got a green card a year later and is waiting to become a citizen.

    She said that she feels accepted in the United States, never like a foreigner or even a guest.

    “Now, I have a future,” she said. “Most important thing is freedom. I just feel freedom with all of my self here in the U.S. In Iran, I never felt that I am a free person.”

    The immigration reform plan being devised in Washington, chiefly by four senators from each party, is expected to provide a means for the estimated 11 million who entered the United States illegally eventually to become citizens.

    Precisely how is far from clear, as is whether the plan would include an unspecified “trigger” requiring that the U.S.-Mexican border is declared secure before any citizenship program for the undocumented can begin.

    It is also expected to include some kind of guest-worker program allowing low-skilled workers to remain in the United States.

    Supporters of tighter immigration controls have concerns about both elements, but most acknowledge that the country needs far more clarity on who should and should not be eligible to become an American citizen.

    Mario Anzuoni / Reuters file

    Candidates wave U.S. flags during a naturalization ceremony to become citizens in Los Angeles in February.

    Some advocates of a more permissive immigration system say that the central problem is that the United States does not issue nearly enough visas.

    Even if the United States stopped approving new requests for family-based immigration visas today, it would take 19 years to clear the backlog of people waiting to join a relative in the United States, according to the Migration Policy Institute, a nonpartisan research center.

    “We haven’t changed our legal immigration numbers since 1990,” said Mary Giovagnoli, director of the Immigration Policy Center, part of a Washington group that supports immigration. “Think about the cellphone that they were carrying in ‘The Wedding Singer.’ Now think about your iPhone today.”

    As Garcia waits for his priority date, his shot at citizenship, he figures there is no turning back. As strange is it may sound, he said, he believes that his father was right to encourage him to embark on the path to citizenship.

    “I still think this country is a great country, and I think it will give me, in the end, a better future than I could have had in Mexico,” he said. “I still truly believe in the American dream.”

    Petra Cahill, Tracy Connor and Miranda Leitsinger of NBC News contributed to this report.

    712 comments

    Just say "NO" to amnesty.

    Show more
    Explore related topics: immigration, illegal, immigrant, visa, citizenship, featured, undocumented, green-card, immigration-nation
  • 14
    Aug
    2012
    12:59pm, EDT

    Chasing a 'dream': Immigrant youth seek legal status

    John Makely / NBC News

    Yelky Perez, who said she illegally entered the country from the Dominican Republic at 13 to reunite with her family, will join hundreds of thousands of other young adults on Wednesday as the Obama administration launches an initiative that will prevent deportation temporarily for those who qualify.

    By Miranda Leitsinger, Staff Writer, NBC News

    NEW YORK -- When Yelky Perez heard that immigration authorities had released the application that could let her stay in the U.S. legally a day earlier than expected on Tuesday, she went straight to their website and hit refresh until it showed up. 

    Follow @mimileitsinger

    Perez, who entered the U.S. illegally from the Dominican Republic at 13 to reunite with her family, is hoping to join the hundreds of thousands of other young adults expected to apply for the Obama administration's “deferred action” program, which will give two-year work permits to some young illegal immigrants.

    She said one of the forms looks straightforward, with no tricky questions, though she does plan to consult a lawyer. Applications, which also include an employment authorization form and a worksheet, won’t be accepted before Wednesday.

    “I just wanted to learn how to read … 1,500 words per minute so that I could know everything that was on the application all at once,” said Perez, 20. “This is great because what it means is that I can actually prepare for it tonight … so that I can send it as soon as possible.”

    Some 937,000 people brought here as children might immediately qualify for the program, which was outlined in a government memorandum in mid-June. Another 426,000 age 15 and under could, too, if the program remains in place, according to a recent analysis by the Immigration Policy Center and a consulting firm. The states with the highest number of likely recipients are California, Texas, Florida, New York and Illinois.

    Arizona Gov. Jan Brewer responds to President Obama's immigration policy announcement in mid-June.

    The initiative appears to be a bid on President Obama’s part to provide temporary relief to those eligible for the Dream Act, legislation aimed at those brought to the U.S. as children that has stalled in Congress. The program has been cautiously welcomed by advocates as a first step toward immigration reform, but criticized by others as an amnesty that could become permanent.

    “This is the kind of thing Congress is supposed to decide and yet what the White House has done is unilaterally implement its own amnesty program,” said Mark Krikorian, executive director of the Center for Immigration Studies, a Washington think tank. “The idea that this is just a temporary halt in deportation and what not is complete baloney. These people are all going to get employment authorization documents, work cards and social security numbers, and supposedly it’s for only two years.

    "… we have other temporary immigration programs and what we’ve learned from that is there is nothing as permanent as a temporary immigrant. Anybody who actually gets this program is here for good, period,” he added.

    Immigrants must meet certain criteria to qualify, including: arrival in the U.S. under the age of 16; no older than 30 today and no younger than 15; currently enrolled in school, graduated high school or served in the military; have been in the country for five continuous years; and have a clean criminal record.

    Courtesy of Yelky Perez.

    Yelky Perez, 20, in Albany for an immigration reform rally in 2012.

    At the New York Immigration Coalition, advocates have been deluged with calls from those who could potentially qualify.

    “We do see this policy as a substantial step forward towards immigration reform,” said Jacqueline Esposito, the coalition’s director of immigration advocacy. “We recognize that this particular relief is limited in nature, but we believe it’s going to build momentum to more lasting reform.”

    Obama administration won't seek deportation of young illegal immigrants
    Skepticism, joy among illegal immigrants over Obama decision
    First Read: Obama leads big with Latinos 
    Immigration order poses dilemma for those eligible 

    Perez, a college graduate who works an under-the-table job (she has a taxpayer identification number and pays taxes, as does the rest of her family), hopes to resume her studies to become a surgeon. She dropped her pre-med program in college because she decided it would be too hard to practice medicine in the U.S. due to her status.

    “I actually was ready to kind of just plan my life with my $300 pay a week,” she said. But the promise of deferred action has her mulling a year-long course to prepare for medical school. “Maybe I can … become a surgeon, like I wanted to do originally.”

    There are risks with coming forward, however, Esposito said.

    President Obama announces in mid-June that the Department of Homeland Security will no longer seek the deportation of many young illegal immigrants.

    “We do advise people that deferred action is temporary … the program could be ended at any time,” she said. “It’s not a legislative solution. It’s simply an administrative reform.”

    Perez speaks confidently about what she has accomplished since she coming here in 2005: She quickly learned English in New York after her arrival and graduated as valedictorian of her high school class at 16; she completed college with the highest GPA in her major of public affairs (her studies were paid for by a benefactor). She also interned at the immigration coalition.

    But there have also been lows, too. Though Perez said she knew she was coming illegally, she had no idea the challenges she would face: an inability to pick up mail in one’s name at the post office, how hard it can be to get paid a decent wage, and the difficulty of obtaining a government-issued identification.


    Follow @NBCNewsUS

    She also can’t go to the Dominican Republic to see her extended family, and the fear of deportation looms constantly.

    “It's been quite an experience. I did sometimes kind of feel like, ‘Oh, why me?’ and I would get depressed and cry. I used to cry a lot. Not anymore,” she said. “I kind of really have turned to see things a little more in a positive lens … I decided I needed to stop thinking about it, just look at the things I was able to do within my limitations, which were plenty.”

    Perez’s father, Julio, said he brought Yelky and her brother, now 23, to the U.S. with hopes of a better education and a better future (his oldest daughter came on a humanitarian visa; his common-law wife is also from the Dominican Republic and doesn't have legal status, Perez said).

    “I never thought it would take so long for her and that it would be such a difficult path,” said Julio, who only wanted to be identified by his first name since he is in the country illegally and fears repercussions.

    He alerted his daughter to the administration’s announcement of the program on June 15.

    “I think it was one of the happiest days of my life. I can die tomorrow and I can die satisfied” knowing that my decision to bring her here won’t prevent her from achieving her dreams, he said, speaking in Spanish. “For me, Yelky is everything. It was very exciting when I got that news, a joy overtook me.”

    Esposito, of the immigration coalition, said that since the program doesn’t confer lawful immigration status, successful applicants can’t help their parents with their own status, making the new policy “bittersweet.”

    Perez, who has married a U.S. citizen (though that won’t help her immigration status for the time being, since she entered the country illegally), said she is concerned about exposing her parents to immigration authorities in the application process.

    “It's very unclear and I am a little skeptical,” she said of the potential outing of her parents. “But I just don’t have much of a choice … this is an opportunity that I have to take advantage of now.”

    NBC News' Natalia Jimenez contributed to this report.

    Comments? Questions? You can email the reporter at miranda.leitsinger@msnbc.com.

    More content from NBCNews.com:

    • Facebook friend request to inmate gets jailer fired
    • MMA fighter allegedly breaks into church — naked
    • Video: Drivers survive insane tumble down cliff
    • Big debt threatens security clearance for troops
    • Wife of former congressman dies after being run over by her own car
    • Report: Ex-Navy sub commander faked death to get out of affair

    Follow US News from NBCNews.com on Twitter and Facebook

    1865 comments

    I think I'd rather have these kids as citizens that will appreciate living here and be good upstanding citizens than some of the delinquent brats we have running rampant throughout the country that were just lucky enough to be born here.

    Show more
    Explore related topics: immigration, illegal, immigrant, policy, action, undocumented, deferred
  • 9
    Aug
    2012
    3:43pm, EDT

    Florida bar: Illegal immigrant meets moral fitness test

    Denny Henry for msnbc.com

    Jose Manuel Godinez-Samperio at Capitol Hill on April 19. He is an undocumented immigrant, brought to the U.S. from Mexico as a child, who is seeking his law license in Florida in what appears to be a landmark case.

    By Miranda Leitsinger, Staff Writer, NBC News

    An illegal immigrant seeking admission to the Florida bar has met its requirements to become a lawyer, the bar said in a filing this week to the Florida Supreme Court in a case being watched closely by both sides of the immigration debate.

    Jose Godinez-Samperio is one of a few illegal immigrants in different states trying to get law licenses after passing the local bar’s two-pronged test: an exam and a moral character review.

    Follow @mimileitsinger

    Godinez-Samperio passed the exam portion of the test last year, and he was notified recently that nothing in his background would be considered “disqualifying” for the character portion. That notice was cited Monday in legal correspondence posted on the Florida court’s website.

    Now, it’s up to the state’s supreme court to decide whether his immigration status is enough to keep him from being admitted to the bar.

    “I think what the board has said is … there’s nothing that we’re aware of at this point that we would see as an impediment from a character and fitness standpoint,” Bob Blythe, general counsel for the Florida Board of Bar Examiners, told NBC News. “It’s not really a recommendation because we’re waiting to hear from the court.”

    Godinez-Samperio came to the U.S. as a 9 year old with his parents from Pachuca, Mexico. They entered the country on tourist visas, which they overstayed. During that time, Godinez-Samperio graduated from high school, college and law school.

    A case similar to his in California has reached that state’s supreme court, too. There, the State Bar of California has gone further than its Florida counterpart in saying that Sergio Garcia, a 35 year old who was born in Mexico and first came to the U.S. as a child, should get a license, noting he had met the rules of admission and that his lack of legal status in the U.S. should not automatically disqualify him.

    Garcia's father is a naturalized citizen, according to the bar, and he has been waiting 18 years for a visa that would give him legal permanent residency. His application for a law license is being weighed by the court because his case is unprecedented in the state, as is the one in Florida.

    California bar: Illegal immigrant should get law license
    Obama administration won't seek deportation of young illegal immigrants
    Skepticism, joy among illegal immigrants over Obama decision
    Obama immigration order poses dilemma for eligible illegal immigrants
    Can an illegal immigrant become a lawyer?

    Many briefs in support of both men’s cases have been filed, but the federal government weighed in last week on the Garcia application and said it does not believe he should get a license.

    In that brief, Acting Assistant Attorney General Stuart Delery of the Justice Department's Civil Division said Congress has made certain illegal immigrants ineligible for federal and state public benefits, including any professional or commercial licenses provided by a federal/state agency or local government, or by funds appropriated to these institutions.


    Follow @NBCNewsUS

    “These provisions were plainly designed to preclude undocumented aliens from receiving commercial and professional licenses issued by States and the federal government. Their sweeping language demonstrates that Congress intended to act comprehensively in prohibiting receipt of such benefits by undocumented aliens, and they should be construed in a manner that furthers that evident purpose,” according to the brief.

    The government also told the court that "enforcement of the federal provisions governing employment" by those without legal permission to be in the country was a responsibility of the federal government, and was not the "proper subject" of state court proceedings.

    Some 11.5 million “unauthorized immigrants,” as the Department of Homeland Security calls illegal immigrants, lived in the United States as of January 2011, according to the department’s Office of Immigration Statistics.

    President Barack Obama announced in June that some of the immigrants who came to the country as children would be able to get two-year work permits. That would not apply to Garcia, who is over the age limit of 30, but Godinez-Samperio’s lawyer said recently this should be taken into consideration in the 26-year-old’s application.

    More content from NBCNews.com:

    • Miami cannibal victim recounts attack for first time
    • Zimmerman attorney plans to call for 'stand your ground' hearing
    • Historic ship in 'Perfect Storm' headed to scrap heap?
    • Nuns at odds with Vatican amazed by outpouring of support
    • Lawyer explains why he brought gun to Batman movie
    • Video: Daring rescue to save American in Antarctica

    Follow US News from NBCNews.com on Twitter and Facebook

     

    413 comments

    My problem with this is simple: he is here illegally. It sounds like he did nothing to mitigate the fact that he is here illegally. If he wants to be an attorney in the US, shouldn't he be here legally? And before anyone starts bashing me, allow me to politely remind you: he is here illegally.

    Show more
    Explore related topics: florida, california, illegal, immigrant, lawyer, garcia, bar, jose, undocumented, sergio, godinez-samperio
  • 11
    Jul
    2012
    8:23am, EDT

    Drop the 'i' word? Debating the term 'illegal immigrant'

    colorlines.com

    "Drop the i-word" is a campaign to stop using the word "illegal" in the immigration discussion.

    By Miranda Leitsinger, Staff Writer, NBC News

    Whenever I write stories about illegal immigrants, I receive complaints that I should “drop the ‘i’ word” (which is also the name of a campaign to end the use of the term “illegal” when referring to illegal immigrants).

    We like this story but drop the "I" word. fb.me/11K0PEMt5

    — Latino Rebels (@latinorebels) June 19, 2012

    In the interest of bringing this debate into the open, we solicited a few short opinion pieces from leading voices on immigration issues. We also asked the co-editor of the AP Stylebook, a key arbiter of word usage for journalists, to share his thoughts.

    And we hope you weigh in in the comment section, too. What’s your take on the phrase “illegal immigrant”?

    Word games
    By Mark Krikorian, executive director of the Center for Immigration Studies, a Washington think tank that supports tighter immigration controls:

    Courtesy of Mark Krikorian

    Mark Krikorian is the executive director of the Center for Immigration Studies, a Washington think tank that supports tighter immigration controls.

    "When the facts are against you, argue the law. When the law is against you, argue the facts. When both the law and the facts are against you, pound on the table."

    This rule of thumb for lawyers has been adopted by the pro-illegal immigration crowd. The facts are against them: 11 million illegal aliens cause a host of serious problems for job seekers, for taxpayers, for public order, for national security.

    Likewise, the law is against them. There's no question that immigration laws are legitimate and that every illegal immigrant knows perfectly well that he is breaking American law.

    What's left? Pound on the table, demanding that illegal aliens be referred to in ways that obscure their illegality, such as "undocumented worker" or simply "immigrant." "Unauthorized worker" is less deceitful, but still evades the basic fact of illegality.

    The most accurate label for non-citizens who are in the United States without permission is "illegal alien." It is used repeatedly in statutes, judicial rulings, and executive orders and captures the essence of the person's situation: an alien is defined in the U.S. Code as "any person not a citizen or national of the United States," and their presence here is illegal, i.e., in violation of the law.

    "Illegal immigrant" is less precise: "immigrant" has the specific legal meaning of a foreigner who has been granted lawful permanent residence (a green card). But in common usage "immigrant" means any foreigner living here, so "illegal immigrant" is less formal, but still accurate.

    Why terminology about the immigrant matters
    By Kevin R. Johnson, a Mexican-American who is dean of the UC Davis School of Law and Mabie Apallas professor of Public Interest Law and Chicana/o Studies:

    Courtesy of UC Davis

    Kevin R. Johnson is a Mexican-American who is the dean of the UC Davis School of Law, and Mabie Apallas professor of Public Interest Law and Chicana/o Studies.

    A little over a generation ago, the popular press, and people in polite company, referred to African Americans as Negroes. Times have changed and the media now refers to African Americans. The “science” of racial categories changed and social sensibilities did too.

    A modern terminological debate, also with civil rights implications, has perplexed many: how should the press refer to noncitizens without proper authorization under the U.S. immigration laws?

    Advocates of greater immigration enforcement and tighter immigration laws generally support the use of terms such as “illegal aliens,” “illegal immigrants,” or simply “illegals.” (There are other pejorative terms used by partisans in the immigration debate, such as “anchor babies,” but let us leave those labels aside for now). These are loaded terms that are, for the most part, nowhere to be found in the comprehensive federal immigration law, the Immigration & Nationality Act. I say loaded because these terms equate the unauthorized immigrant with a criminal when the person may not have committed a crime at all. Still, the reference to “illegal” instantly suggests that the person is undeserving of sympathy but in fact deserves punishment. Not surprisingly, advocates who favor harsh treatment for immigrants support the use of terms and rhetoric that support their restrictionist positions.

    The “illegal” terminology obscures an even more troubling characteristic. Somewhere around 60-70 percent of today’s unauthorized immigrants are from Mexico and Central America. “Illegal aliens” in many instances can serve as a kind of racial code for Latinos. People can speak of wanting to remove “illegal aliens” from the country with legitimacy while they could not argue for the removal of all Latinos.

    A responsible and independent media should want to avoid using terms supporting one side in the culture wars, especially when those terms mask racial animus. There are readily available neutral synonyms for “illegals,” such as undocumented immigrant and unauthorized immigrant, which do not carry discriminatory baggage.

    Guidance for journalists
    By David Minthorn, deputy standards editor of The Associated Press:

    Courtesy of David Minthorn

    David Minthorn is the deputy standards editor of The Associated Press.

    The Associated Press recognizes that immigration may involve complex and emotional issues. Accordingly, AP newswriting emphasizes the use of precise, balanced and neutral terms.

    To describe individuals who may be living in a country without authorization, The AP Stylebook rules out using "illegal alien" and "illegals" in AP news reports. The language may be unnecessarily harsh as generic description.

    The Stylebook also rules out using the term "undocumented" on our own in immigration contexts. This description may tend to minimize what could be a matter of civil or criminal law, such as evading border controls or residing without legal permission. "Undocumented" also suggests that the problem is a minor one of missing paperwork, when the people involved are in jeopardy of arrest, deportation or other sanctions.

    Instead, AP provides for a variety of different terms for people alleged to be violating immigration law. One option for AP reporters is "illegal immigrant," a term added to the Stylebook in 2004.

    As the Stylebook entry (below) indicates, other terms are acceptable, including "living in the country without legal permission," depending on the specific situation. AP does not insist on "illegal immigrant" as the only acceptable term.

    illegal immigrant: Used to describe someone who has entered a country illegally or who resides in a country in violation of civil or criminal law. Acceptable variations include living in the country without legal permission. Use of these terms, as with any terms implying illegalities, must be based on reliable information about a person's true status. Unless quoting someone, AP does not use the terms illegal alien, an illegal, illegals or the term undocumented.

    Follow @mimileitsinger

    Related stories from msnbc.com and NBC News:
     California bar: Illegal immigrant should get law license
    Can an illegal immigrant become a lawyer?
    Obama administration won't seek deportation of young illegal immigrants
    Skepticism, joy among illegal immigrants over Obama decision
    Obama immigration order poses dilemma for eligible illegal immigrants

     

    2161 comments

    Let's call a spade a spade, if you're in the county without authorization, you have illegally crossed the border. Yes, you are an illegal immigrant. If that hurts someone's feelings then there is a process one can go through, as my grandparents and millions of others did, that allows you legal entry …

    Show more
    Explore related topics: ap, the, word, illegal, immigrant, i, term, drop, stylebook, alien, undocumented
  • 19
    Jun
    2012
    9:50am, EDT

    California bar: Illegal immigrant should get law license

    By Miranda Leitsinger, Staff Writer, NBC News

     

    Courtesy of Sergio Garcia

    A California State Bar committee is recommending that Sergio Garcia, an illegal immigrant, receive a law license in a first-ever case for the California Supreme Court that could affect others like him who hope to follow in his footsteps.

    Updated at 445 p.m. ET -- An illegal immigrant applying for a law license in California should be allowed to receive it, the State Bar of California argues in a filing to the state Supreme Court.

    Sergio Garcia, 35, of Chico, Calif., has met the rules for admission, including passing the bar exam and the moral character review, and his lack of legal status in the United States should not automatically disqualify him, the Committee of Bar Examiners said Monday.


    Follow @mimileitsinger

    “ … Mr. Garcia’s status in the United States, should not, ipso facto, be grounds for excluding him from law licensure. He has met all of the prescribed qualifications and there is no reason to believe he cannot take the oath and faithfully uphold his duties as an attorney,” the bar said.

    Garcia's father is a naturalized citizen, according to the bar, and Garcia is waiting for a visa that would give him legal permanent residency. His application for a law license is being weighed by the court because his case is unprecedented in the state, the bar committee said.

    A similar case is being heard in Florida for a bar applicant in that state, Jose Godinez-Samperio, who came from Mexico to the United States as a child with his parents and overstayed a tourist visa. How justices rule in the cases in California and Florida could affect other illegal immigrants who hope to follow in their footsteps.

    Some 11.5 million “unauthorized immigrants,” as the Department of Homeland Security calls illegal immigrants, lived in the United States as of January 2011. Of that, 6.8 million were from Mexico, like Garcia, according to the department’s Office of Immigration Statistics. On Friday, President Barack Obama announced that some of the immigrants who came to the country as children – and met other requirements -- would be able to get two-year work permits. He also called on immigration officials to halt deportation proceedings against them.

    Obama administration won't seek deportation of young illegal immigrants
    Skepticism, joy among illegal immigrants over Obama decision
    Obama immigration order poses dilemma for eligible illegal immigrants

    Garcia, who attended law school and college in California, does not fit in that group because he is over the age limit of 30, but he is nonetheless overjoyed for those who do. He has been waiting nearly 18 years for a visa, though his petition for it was approved in 1995, the bar said.

    “That’s the state of our immigration system … our immigration system is broken,” Garcia told msnbc.com, estimating he will have to wait another five years for the visa. “It’s really painful.”

    A decision on his bar application could still be at least months away for Garcia. Others now have one month to submit their own legal filings in the case, and then the state bar would have another month to reply to those, the court said.

    “I have always been an eternal optimist so this (bar recommendation) does give me hope,” Garcia, who submitted his application to the bar in 2009, told msnbc.com. “I have faith that my dream of being an attorney will be realized sooner rather than later.”


    Follow @msnbc_us

    In the filing, the bar committee said it was not aware of any statute, regulation or authority that would preclude his admission. It noted that Garcia’s employability in the U.S. should not determine whether he gets a license, citing the cases of foreign students who can get admitted to the California bar but may not stay in the country to practice law afterward.

    “ … the grant of a law license provides no guarantee of a pathway to lawful employment in the United States for these individuals,” the bar committee said. “What Mr. Garcia, or any other foreign applicant, does with his license after licensure must comport with federal regulations and that is a matter strictly between him and the federal government.”

    Former Supreme Court Justice Carlos Moreno, who supports Garcia’s application, said that the court was the ultimate authority on attorney admissions in the state and would likely establish a rule in this case that would apply to similar ones in the future.

    But the possibility that undocumented immigrants could receive law licenses doesn’t sit well with some.

    “I think that’s ridiculous,” said Marilyn DeYoung, chairman of Californians for Population Stabilization, which advocates for secure borders and allowing fewer immigrants into the country.  “First of all, they are defying the law of America by being here illegally so, and now they want to be a lawyer and to practice American law. I think that’s really sort of stupid that our California bar would recommend that.”

    While DeYoung said she could sympathize with Garcia’s long wait for his visa and she wouldn’t be unhappy if an exception was made for him, she expressed concern that a general rule could come out of this case that would allow any illegal immigrant to get a license.

    “We would definitely oppose that,” she said. “This is, we feel, is not right.”

    More content from msnbc.com and NBC News:

    • Undertaker: 'These kids don't expect to live a full life'
    • 100s killed, 1,000s hurt in Calif. police pursuits
    • Ghosts of Sandusky's dreams haunt charity home
    • Asian-Americans more satisfied with life, Pew report finds
    • Video: High-speed highway robbery caught on camera

    Follow US News on msnbc.com on Twitter and Facebook

    2056 comments

    Sergio Garcia, 35, of Chico, Calif., has met the rules for admission, including passing the bar exam and the moral character review, and his lack of legal status in the United States should not automatically disqualify him, the Committee of Bar Examiners said.

    Show more
    Explore related topics: state, youth, florida, california, illegal, immigrant, lawyer, bar, undocumented
  • 24
    May
    2012
    7:34am, EDT

    131 illegal immigrants found during raid at Texas 'stash house'

    By Msnbc.com staff and wire

    Federal agents have arrested four people accused of smuggling 131 illegal immigrants found at a "stash house" in south Texas, a U.S. Immigration and Customs Enforcement official said Wednesday. 

    The immigrants were also detained Tuesday after a raid at a house near Alton, Texas, about eight miles north of the U.S.-Mexico border, ICE spokeswoman Nina Pruneda said.


    The people at the house were from Mexico and Central America, and did not require medical attention, she said. 

    The Monitor newspaper, which covers the Rio Grande Valley, said Salvador Hernandez, 52, had just left his house with his elderly parents when the normally quiet neighborhood was suddenly surrounded by ICE agents.

    “I have been living here for 28 years and have never seen anything like that happen,” he told the paper.

    Border Patrol agents in the Rio Grande Valley, which straddles the southern tip of Texas along the Gulf Coast, have seen the number of so-called "stash houses" used to house illegal immigrants roughly double since October 2011, according to agency figures. 

    'Welcome to Hell'
    In one of the more brutal recent cases, two men pleaded guilty on Wednesday to harboring 115 immigrants -- some without food or water for days -- in a cluster of stash houses in Edinburg, Texas. 

    Vicente Ortiz Soto and Marcial Salas Gardunio, both 23-year-old Mexican citizens, pleaded guilty to conspiracy to harbor aliens on Wednesday in U.S. District Court, according to a statement from U.S. Attorney Kenneth Magidson, who represents the Southern District of Texas. 

    Several of the immigrants required medical attention after authorities found dozens of them locked inside a crowded, hot, ramshackle house, according to a criminal complaint filed in the case. 

    One immigrant told ICE agents that Salas would greet new arrivals with "Welcome to Hell" when they arrived at the residence and threatened to beat or kill them if they did not remain quiet, court papers state.

    Ortiz admitted to driving immigrants to the stash houses from the border and selling them snacks. 

    Each man faced up to 10 years in prison and a $250,000 fine at a sentencing hearing set for July. 

    More content from msnbc.com and NBC News:

    • Deep-sea aliens hitched ride by submarine into pristine area
    • More military tombstones found in backyard
    • La. school psychologist quits over allegedly racist online posts
    • Senators grill Secret Service boss on prostitution scandal
    • Man arrested for drunk driving with zebra, parrot in truck
    • Video: Parents outraged over bike ride suspensions
    • Staff bled $44 million in gifts from heiress, suit says

    Follow US News on msnbc.com on Twitter and Facebook


    925 comments

    131 down, 131 million to go....

    Show more
    Explore related topics: mexico, immigrants, raid, illegal, ice, featured, alton, tesas, stash-house
  • 24
    Apr
    2012
    9:52am, EDT

    Can an illegal immigrant become a lawyer?

    Denny Henry for msnbc.com

    Jose Manuel Godinez-Samperio at Capitol Hill on April 19. He is an undocumented immigrant, brought to the U.S. from Mexico as a child, who is seeking his law license in Florida in what appears to be a landmark case.

    By Miranda Leitsinger, Staff Writer, NBC News

     

    Jose Manuel Godinez-Samperio was brought to the United States from Mexico by his parents when he was nine years old. Sixteen years later, he had graduated from his Florida high school as class valedictorian, become an Eagle Scout, completed college and law school, and passed the state bar exam.

    Follow @mimileitsinger

    But one big accomplishment eluded him: citizenship. Godinez-Samperio is in the country illegally, which could keep him from achieving another part of his American dream: becoming a lawyer.


    In what appears to be a landmark case, the Florida Supreme Court is going to consider whether Godinez-Samperio has the right to practice the law -- a decision that could impact others who hope to follow in his footsteps.

    “It makes me feel that we’re living in a … historical moment. I really think the last time something like this happened was when African Americans and women were admitted to the bar,” he told msnbc.com. “I think if we win this, it’ll be another historical civil rights mark.”

    Godinez-Samperio is pressing his case as the national debate over illegal immigration heats up. On Wednesday, the U.S. Supreme Court is set to hear oral arguments on the constitutionality of Arizona’s strict anti-illegal immigration law. And last week, Godinez-Samperio was in the nation’s capitol to lobby for the Dream Act, which would provide a path to legal status to some adults who came to America illegally as children. Supporters are making a renewed push for the legislation after it failed in the U.S. Senate in 2010. 

    Some 11.5 million “unauthorized immigrants,” as the Department of Homeland Security calls them, lived in the United States as of January 2011. Of that, 6.8 million were from Mexico, like Godinez-Samperio, according to the department’s Office of Immigration Statistics.

    Godinez-Samperio’s journey to the law began when he and his parents left their home in Pachuca, Mexico. They came on tourist visas, which they overstayed. He didn’t know English and it was a few years before he began to realize what his immigration status was and what it meant for his future.

    He couldn’t get a social security number or a driver’s license, he didn’t have access to most financial aid, he couldn’t work for compensation and has been ineligible for most internships and awards, according to an essay he submitted for his law school application.

    But he said he managed to get private scholarships to help pay for his education, and volunteered where he could -- such as helping domestic violence victims obtain immigration relief.

    “For me, it’s very important to show that I have been a contributing member of society (the) entire time I have lived in this country,” he said. “ … there’s no reason why I shouldn’t be allowed to contribute even more  … with a green card.”

    When Godinez-Samperio applied to take the bar exam last year, he sought a waiver because he didn’t have proof of his immigration status, which is required by the Florida Board of Bar Examiners who administer the test. States set their own requirements for those seeking to become a lawyer.

    His request was granted. Godinez-Samperio took the bar exam in July and found out in September that he had passed. He was ecstatic, until he learned in November that the board was going to seek an advisory opinion from the state supreme court on whether undocumented immigrants are eligible for admission to the Florida Bar.

    Denny Henry for msnbc.com

    Cesar Vargas at Capitol Hill on April 19 to launch a Dream Act-related campaign. He is an undocumented immigrant from Mexico, brought to the U.S. as a child, who is pushing for immigration law reform.

    “I had mixed feelings,” he said. “I knew that it was going to be an interesting trajectory that I was about to begin.”

    That journey has included a number of filings from the board and his attorney, Talbot “Sandy” D’Alemberte, as well as a few friend-of-the-court submissions from groups supporting his application, including three past presidents of the American Bar Association.

    “It’s the first time it’s ever been addressed in Florida, and I think it’s probably the first time it’s been before a supreme court anywhere in the country,” said Thomas Arthur Pobjecky, the board’s general counsel.

    The board determined it was “a really serious matter” and decided to seek out the court’s guidance in these types of cases, which they expect to see more of in the future.

    “If the law says you cannot employ -- or it’s against the law to employ -- somebody who is not legally in this country, then when we say … here is a license to practice law in this country, are they not also implying that you can hire this person and go ahead and pay him and everything else? So there is a concern,” Pobjecky said. “Once the Florida Supreme Court licenses somebody to be a lawyer, they’re putting their stamp of approval on that person.” 

    But D’Alemberte questioned why the board would let his client sit the exam if they did not intend to give him a license.

    “It just seems to us fundamentally unfair after he’s complied with every valid rule not to just go ahead and admit him to the bar and leave to the immigration service whether he is complying with immigration,” he said.

    The possibility that undocumented immigrants could receive law licenses doesn’t sit well with some.

    “I know what the policy ought to be, which is that … someone who doesn’t have the right to be in the United States shouldn’t be admitted to the bar, period,” said Mark Krikorian, executive director of the Center for Immigration Studies, a Washington think tank that supports tighter immigration controls.

    “This is trying to steal a base. In other words, they’re trying to skip over the debate over whether people in his situation should get legalized,” he added. “It’s one more way of trying to create a de facto legalization.”

    Cesar Vargas, an illegal immigrant from Mexico who has passed the bar exam and is in the process of applying for his law license in New York, has started a group, the Dream Bar Association, to advocate for people in his position. Membership numbers about two dozen, and includes those interested in going to law school to those who have passed the bar.

    “We’re basically throwing the judicial branch into the immigration debate … through our cases,” he said.

    In California, Sergio Garcia, 35, an illegal immigrant, has been awaiting a decision since he passed the bar exam in 2009. Because the admissions process is confidential, neither Garcia nor the bar could speak about his application, though a bar spokeswoman said the application for admission doesn't require citizenship.


    Follow @msnbc_us

    Thomas Fitton, of conservative Washington watchdog Judicial Watch, said the idea of an undocumented immigrant working as a lawyer in the U.S. was “preposterous.”

    “These are kind of, in some ways, public relations stunts, but you know, we’ll see what happens … the whole notion of it is at odds with the rule of law and undermines federal immigration law,” he said. “I think those who’ve passed the bar should focus on making themselves legal as opposed to bypassing the law.”

    But others feel that admission should be done on a case-by-case basis, taking into account whether a specific applicant has met the moral character test of the application, said Stephen N. Zack, a former ABA president who has filed a brief in support of Godinez-Samperio.

    “You can’t take one finite point and say that that is an absolute determination of a person’s character,” he said. “You have to look in a holistic way at the person’s life story and here, you have an exceptional person.”

    He also noted that bar candidates like Godinez-Samperio could offer some unique services, with the nation heading to a “majority minority” status in the decades to come.

    “We need people who can reach out and provide access to communities that … have historically not had access, and this is the kind of person that is ideal to provide that to the future generations,” he said.

    Video: Immigration officials mistakenly deported Dallas teen

    Godinez-Samperio, who would like to work in immigration law, continues to research his case and to work on promoting the Dream Act.

    “This is a huge fight for me and for a lot of people,” he said.

    Despite the challenges and the uncertainty, he doesn’t regret going public before a Florida legislative committee in April 2011 with his status, which few were aware of before.

    “I decided to come out with my story because I’m undocumented, unapologetic and unafraid,” he said. “In telling the truth, I am risking my liberty, but that’s what a lawyer is about, is about telling the truth … so I’m being as honest as I can possibly get, even to the point of risking my liberty.”

    More content from msnbc.com and NBC News:

    • Harlem shootout after girl, 13, killed, mom hurt
    • For John Edwards, an unexpected opening
    • California voters to consider ending capital punishment
    • Baltimore brothers seek to delay beating trial
    • Mexican immigration to US at a standstill
    • Sanford police chief's resignation rejected

    Follow US News on msnbc.com on Twitter and Facebook

    2464 comments

    He has broken the law plain and simple. Go home and come back legally. Just because he got educated does not offset that he is a law breaker as long as he is in this country.

    Show more
    Explore related topics: state, florida, act, school, law, illegal, immigrant, license, dream, bar, association, undocumented

Browse

  • featured,
  • crime,
  • military,
  • weather,
  • california,
  • updated,
  • florida,
  • environment,
  • us-news,
  • new-york,
  • shooting,
  • texas,
  • education,
  • chicago,
  • police,
  • gulf-oil-spill,
  • kari-huus,
  • nbcnewyork,
  • los-angeles,
  • murder,
  • new-jersey,
  • guns,
  • obama,
  • afghanistan,
  • colorado,
  • sandy,
  • nbclosangeles,
  • trayvon-martin,
  • barack-obama,
  • crime-and-courts,
  • politics,
  • gay,
  • veterans,
  • connecticut,
  • fire,
  • arizona,
  • crime-courts,
  • religion,
  • boston-marathon-tragedy
Also
Advertise | AdChoices

Erin McClam, Staff Writer, NBC News

Miranda Leitsinger

Archives

  • 2013
    • May (318)
    • April (608)
    • March (548)
    • February (510)
    • January (563)
  • 2012
    • December (457)
    • November (460)
    • October (477)
    • September (432)
    • August (525)
    • July (519)
    • June (508)
    • May (566)
    • April (538)
    • March (576)
    • February (471)
    • January (417)
  • 2011
    • December (455)
    • November (190)
    • October (9)
    • September (3)
    • August (51)
    • July (8)
    • June (3)
    • May (12)
    • April (5)
    • March (3)
    • February (1)
    • January (8)
  • 2010
    • December (5)
    • November (1)
    • October (2)
    • September (28)
    • August (40)
    • July (35)
    • June (177)
    • May (50)
    • April (9)
    • March (2)
    • February (2)
    • January (4)
  • 2009
    • December (5)
    • November (5)
    • October (2)
    • September (11)
    • August (4)
    • July (12)
    • June (1)
    • May (1)
    • April (1)
    • March (3)
    • February (3)
    • January (2)
  • 2008
    • December (3)
    • November (2)
    • October (6)
    • September (30)
    • August (26)
    • July (10)
    • June (4)
    • May (8)
    • April (13)
    • March (9)
    • February (7)
    • January (6)
  • 2007
    • December (10)
    • November (6)
    • October (22)
    • September (11)

Most Commented

  • Obama calls IRS flap 'inexcusable,' announces resignation of acting IRS chief (3713)
  • NTSB recommends lowering blood alcohol level that constitutes drunken driving (1585)
  • Benghazi, IRS, AP: A guide to the 3 storms confronting the White House (2544)
  • Majority of Colorado sheriffs file suit against new gun laws (1949)
  • At least 51 killed, including 20 children, as tornado tears through Oklahoma (1800)
  • Judge blocks Arkansas' tough new abortion law (1879)
  • AP CEO calls records seizure unconstitutional (997)

Other blogs

  • The Body Odd
  • Cosmic Log
  • Red Tape Chronicles
  • PhotoBlog
  • Open Channel

NBCNews.com top stories

3147,10
© 2013 NBCNews.com
  • US news on NBCNews.com
  • About us
  • Contact
  • Help
  • Site map
  • Careers
  • Closed captioning
  • Terms & Conditions
  • Privacy policy
  • Advertise