More than just Latinos wait for immigration law

By SUMMER HARLOW, The News Journal
Posted Tuesday, June 5, 2007

Like the other 12 million undocumented immigrants in the United States,
Frank is eager to see an overhaul of immigration policy.

But unlike the majority of them, Frank's home country isn't south of the
border.

He emigrated from Kenya in 2001 and overstayed his student visa. About
half of undocumented immigrants didn't hop the border illegally, but let
their student, work or travel visas lapse.

Now Frank, 36, whose last name The News Journal withheld because of his
expired visa status, is waiting on Congress' next move so he can finish
his doctorate at the University of Delaware.

Frank is part of the often-overlooked minority of non-Spanish-speaking
immigrants who are hoping the Latino-led push for legal status will
benefit them, too. The question is whether a one-size-fits-all immigration
policy will equally impact immigrants from all regions of the world.

"The face of undocumented immigrants has become Latino," said Jocelyn
McCalla, interim executive director of the New Jersey Immigration Policy
Network. "That does tend to hide the fact that you've got immigrants from
other countries equally concerned about this issue."

The Senate resumed debate Monday on a fragile bipartisan bill that would
provide a way for undocumented immigrants to legalize their status.

The Senate bill would require heads of households to return home to apply
for residency -- "touchback" in immigration parlance. Many say the
provision favors immigrants from nearby Mexico and Central America, and
discounts the difficulty of those who would have to return to China or
South Africa.

A flight to Africa could cost upwards of $1,500, requiring three or four
months of savings, pushing legalization out of range for many immigrants
who are working minimum-wage jobs, said Erastus Mong'are, president of the
Delaware Kenya Association.

"Some people say they would rather continue with their current status than
accept the bill, because what gives them faith that once they go back,
they will be able to come back to the United States?" he said.

As many as 35,000 undocumented immigrants live in Delaware, and Mong'are
estimates that about 3,000 are Kenyan, most of whom entered on student or
work visas that since have lapsed. That includes Frank, who lives with his
brother in Newark.

Many African immigrants are fleeing countries economically drained by
corrupt regimes, where getting a job is more about who you know than what
you know, he said. A U.S. education and job are seen as a way out. That's
why once their studies are finished, they don't want to leave, Frank said.

Job skills over family ties

The proposed Senate bill also would exchange a decades-old policy that
prioritized family connections for one that more heavily weighs education
and job skills, which has immigrants from India applauding, and those from
Korea and other Asian Pacific countries, which rely on family-based
immigration paths, cringing.

"From the Indian perspective, this is positive," said Vishal Tandon, an
executive director of the Indo-American Association of Delaware who came
to the U.S. in 1994 on an H-1B visa for high-skill workers.

Increased waits for becoming legal permanent residents, and a decrease in
the number of H-1B visas, would be a detriment, he said. The country would
miss out on high-tech workers from India coming to help the economy.

"So many people are illegally crossing the border the U.S. government is
being forced to come out with a general immigration policy that might be
most effective for immigrants illegally crossing the border and might not
be good for immigrants from other parts of the world," he said.

Debate in Congress has focused on legalization and overlooked how the
immigration system will impact the Asian immigrant community, said Son Ah
Yun, co-director of the Fair Immigration Reform Movement.

Changing to a merit-based immigration system would adversely affect Asian
immigrants, most of whom come to the U.S. because of family sponsorship,
she said.

"Most people come here because they see this as a place of opportunity,
and by closing the door on that, we're perpetuating an elitist system,"
she said.

'Power in participation'

All communities have a stake in immigration reform, said Gladys Crespo,
director of Service for Foreign Born, a division of the Attorney General's
Office, which helps immigrants navigate the legal system.

The immigrant groups vocal in the debate -- namely the Latinos -- are
helping pave the way for other communities, said Meredith Rapkin of the
Pennsylvania office of the Coalition for Comprehensive Immigration Reform.

"It's important for all immigrants to realize there is power in voting and
in participation," she said.

Latin American immigration flows aren't as new as those from Africa,
Mong'are said, so other immigrants should look to the Latinos as examples.

"They have a voice, and that's what other groups need," he said. "Instead
of sitting on the sidelines, they need to let policymakers know others are
here and need to be considered, too."

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