Asian Fortune Your source for all things Asian American
By Jennie L. Ilustre
Jose Antonio Vargas, Pulitzer Prize-winning journalist, founder of Define American immigration advocacy group, and the nation’s most well-known undocumented, now faces indictment after his arrest on July 15.
Vargas, 33, was arrested in Texas for failure to present a valid U.S. visa. He was in McAllen on the invitation of advocacy groups to focus on the plight of children entering the U.S. from Central America.
Vargas himself was 12 when he left the Philippines and entered the U.S. with fake documents, which was paid for by his grandfather. He did not know he was undocumented until he applied for a driver’s license at 16.
He was detained in McAllen-Miller International Airport after attempting to board a flight to Los Angeles. After eight hours, he was released and ordered to appear before an immigration judge.
“That would be an immigration court in Texas, which has a hardline policy against the undocumented,” said New-York based lawyer J.T.S. Mallonga, who has defended cases there.
“He can ask for a change of venue in New York, where he resides, but to do that, he has first to dispute his case and present a convincing defense,” he added in a ten-minute telephone interview on July17from New York City.He said Vargas has many “lines of defense open to him,” declining to comment further.
Mallonga was Vargas’ lawyer in 2011, when Vargas revealed in a New York Times magazine article that he was among the nation’s 12 million undocumented. Mallonga was then the president of the Filipino American Legal Defense Fund (FALDEF), where currently he is a director and immigration lawyer.
Mallonga said Vargas contacted him on Sunday (July 13), two days before the incident, and that he texted him back. At press time, he was waiting for Vargas to call him, and noted Vargas has other lawyers available to him now.
After his release from detention, Vargas issued a statement to the media. One of the newspapers that ran his statement was theWashington Post. Vargas was part of the Post team that won the prestigious Pulitzer Prizefor Breaking News Reporting in 2008 for their coverage of the Virginia Tech shootings.
“As an unaccompanied child migrant myself, I came to McAllen, Texas, to shed a light on children who parts of America and many in the news media are actively turning their backs on,” the Postquoted him as saying. “I want to thank everyone who stands by me and the undocumented immigrants of south Texas and across the country. Our daily lives are filled with fear in simple acts such as getting on an airplane to go home to our family.”
Vargas, in his post-arrest interviews, also denied what he did was a stunt, following criticisms he went to the Texas border to further spark the immigration debate. His arrest also drew Internet chatter, for and against the undocumented. Some commented they have been waiting for several years to reunite with relatives–under the legal immigration process.
APA Support
Among the first groups to express support for Vargas and immigration reform were KAYA organization, Asian Americans Advancing Justice (Advancing Justice), the Asian Pacific American Labor Alliance, AFL-CIO Executive Director, and the National Council of Asian Pacific Americans (NCAPA).
Asian Americans Advancing Justice (Advancing Justice), led by Executive Director Mee Moua, said on July 18, in reply to a request for reaction: “While Jose Antonio Vargas’ detention and release are unlikely to have an immediate effect on the push for immigration legislation, his experience is just one more powerful reminder of why comprehensive immigration reform is so important.
“Jose, like many of the child migrants arriving at our border, came to the U.S. to reunite with his loved ones. We need immigration reform so that individuals like Jose can obtain legal status and we also need a strong family immigration system so that parents can bring their children here safely and easily.”
As an immigration advocate, Vargas has previously visited 43 states without any incident. For identification, he always carried a valid Philippine passport and a copy of the U.S. Constitution.
The day after his arrest, a Department of Homeland Security (DHS) spokesman issued the following statement: “Mr. Vargas has not previously been arrested by ICE nor has the agency ever issued a detainer on him or encountered him. ICE is focused on smart, effective immigration enforcement that prioritizes the agency’s resources to promote border security and to identify and remove criminal individuals who pose a threat to public safety and national security.” ICE is the acronym for the DHS Immigration and Customs Enforcement.
In the Philippines, Department of Foreign Affairs Assistant Secretary Charles Jose, also the DFA spokesman, expressed the department’s concern. He noted that “over 10 million undocumented immigrants are in the US who travel within the US without issue,” according to a July 18 Philippine Daily Inquirer report. He added, “We hope the US federal government will treat Mr. Vargas’ case with utmost fairness considering the circumstances.”
Election Year Issue
The arrest was headline news because, as The L.A. Times noted in its July 15 story, Vargas is “seen as a symbol of the immigration debate,” calling him “America’s Most Famous Undocumented Immigrant.” Aside from the New York Times in 2011, Time magazine put Vargas’s face on its cover and ran a lengthy story on him and the nation’s undocumented.
Immigration is one of the top issues in the midterm elections. On November 4, among the officials facing the voters are all the 435 congressmen and congresswomen, as well as 36 of the 100 senators of the 113th US Congress.
The nation is strongly divided on immigration reform, particularly involving the undocumented. Pundits view immigration as an issue that will energize the voters’ base of both the Republican Party and the Democratic Party to turn out at the polls.
Last year, Senate passed a comprehensive immigration reform bill after intense negotiations led by a bipartisan group of top senators in the US Congress. But the House of Representatives has not presented any immigration bill. It stressed that it favors a piece-meal approach, and also legislation that focuses on stronger border security.
Immigration reform is a hot-button issue. It was cited as one of the reasons for the shocking loss of House Majority Leader Eric Cantor in the June primary. Cantor supported an immigration provision allowing a path to U.S. citizenship for undocumented children and minors who serve in the U.S. military, among others.
The provision, integrated in the Senate bill, started as a bill called the DREAM Act, which failed to pass in previous sessions of Congress. DREAM stands for Development, Relief, and Education for Alien Minors.
APALA’s Promise
Gregory A. Cendana is the Asian Pacific American Labor Alliance, AFL-CIO Executive Director. He is also the Chair of the National Council of Asian Pacific Americans (NCAPA).
In an email interview on July 18, Cendana said immigration reform is a major factor in the November elections. “Many in the Asian American, Pacific Islander, Latino, African and broader immigrant communities plan to use immigration as one of the key issues to mobilize voters in the upcoming election.”
“We are committed to keeping track of voting/co-sponsoring records, hold elected officials accountable and come with full force in November,” he stressed, adding, “We are keeping that promise.”
Cendana also said, “APALA and many organizations we partner with will continue to highlight Jose’s story to show the urgent need for legislative fixes and push for comprehensive immigration reform. While the House Republican leadership has refused to bring a vote to the floor, we urge President Obama to take bold action and provide administrative relief for the 11 million undocumented Americans in the country.”
Asked to comment on the Vargas arrest, he replied: “Jose continues to be one of the most visible undocumented Americans in the country. The fact that he is Filipino American has helped elevate the issue of immigration reform in families and communities across the country, especially for the broader Asian American and Pacific Islander community.
“His arrest highlights how rogue Customs and Border Patrol continue to be, and how additional resources for ‘the border’ is not the right solution for immigration reform,” he added. “We continue to stand with Jose and all undocumented Americans who want to give back to the country they call home.”
KAYA organization
Kaya, an organization which aims to build partnerships to promote Filipino American electoral representation and advocate for policies that benefit the community, called for “an end to inhumane policies in our borders.”
On July 16, the day after the news, Kaya issued a press release. Excerpts follow: “Jose Antonio, along with a number of immigration rights activist and fellow volunteers, traveled to McAllen, Texas to provide humanitarian assistance to the refugees currently in limbo in our country’s southern border, as well as to document the crisis unfolding , brought about by the inability of our government to respond to this problem effectively…
“Sadly, what happened to Jose Antonio is an experience that is all too common among undocumented immigrants. On a daily basis, countless immigrants – documented or otherwise – are subjected to being treated like common criminals, often being forced to unlawful searches and indefinite detentions. The conditions that immigrants are subjected to in lawless, Constitution-free border zones are degrading, and we as Americans must call on our government to implement humane policies concerning the treatment of immigrant in borders and international entry points. Kaya stands with Jose Antonio and other victims of these inhumane policies and calls for these rules to end.
“Finally, Jose Antonio’s detention emphasizes the need for a comprehensive immigration reform to fix the dire issues plaguing our country’s immigration system. Jose Antonio and the 12 million Americans like him deserve better treatment from our government. We demand that members of Congress stop the political bickering and pass a comprehensive immigration reform that provides undocumented immigrants already in the country a pathway to legal status; humane treatment for immigrants in border areas and international entry points; and an immigration process that does not place undue burden on the applicants.”
Advancing Justice
Advancing Justice and affiliates in Los Angeles, Chicago, Washington, D.C. and San Francisco, issued a statement on July 16, noting the recent surge of unaccompanied children fleeing violence and gang warfare in Central America.
Excerpts follow: “Advancing Justice calls on the Obama Administration to respond compassionately to this humanitarian crisis and to uphold due process for these children in compliance with existing law. We also call on President Obama to enact bold and inclusive administrative relief that would start to turn back the tide of the two million deportations that have happened under his watch.
“Just yesterday, undocumented Filipino American activist and journalist, Jose Antonio Vargas, was detained and released by U.S. Customs and Border Protection (CBP), in an effort to draw attention to and support Central American migrant children and undocumented families trapped at the border. Mr. Vargas’ detention highlights the injustices that happen every day to immigrants, refugees, and their families.
“As civil rights organizations serving Asian American and Pacific Islander immigrants, we stand with the Central American migrant children and families seeking safety at the border, and the entire undocumented immigrant community.
“In order to live up to our American ideal of being a nation of immigrants, it is imperative that there be a fair and humane response to the crisis at the border, and to the larger crisis that we face with the broken immigration system. We need Congress and the Obama Administration to provide solutions that stop criminalizing undocumented families trapped at the border, protect the human and legal rights of refugee children fleeing violence in Central America, and uphold critical due process protections for these children.”
As a filmmaker, Vargas wrote and directed his life story in “Documented,” which has been shown in Newseum in the nation’s capital, and also in other venues across the country. CNN aired the film last June 29. “Documented” is a work in progress. The Jose Antonio Vargas story is still unfolding, and its impact is being felt in the 24-7 traditional and Social Media.
Consider: News of Vargas’ arrest promptly went viral. The New York Times and other newspapers instantly splashed it on their front page websites. TV networks, CNN and other cable stations aired it as breaking news. The Social Media delivered news and opinions. Within minutes, the public saw a blurred photo of his actual arrest, and later heard a tape recording of the voices of the arresting officer and Vargas.
The main difference in this Information Age is that Vargas himself was reporting the news–in real time (“live”), in words and in pictures to nearly 50,000 Twitter followers. At 9:24 a.m.-15 Jul 2014, he tweeted: “About to go thru security at McAllen Airport. I don’t know what’s going to happen. For updates follow @DefineAmerican & @MAC_UTPA.”
