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In Short

A House in Bay Park, But No Hope of a Green Card

Deportation
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When Linda first saw Jose, he was hanging from the rafters of her house, working on the roof.

She鈥檇 hired the company that Jose worked for to complete renovations on her house. It was a 15-month project. Jose was there every day. The two started dating, and in 2003, Jose encouraged Linda to buy a duplex. Together, they fixed it up and turned a profit. A year later, they did it again.

Linda eventually quit her engineering job to work with Jose full time. Today, she handles the real estate side of the business. Jose handles the labor. There鈥檚 no project he can鈥檛 complete, nothing he can鈥檛 fix, Linda says of her husband.

鈥淒on鈥檛 ask me: 鈥榗an I do this or can I do that.鈥欌 Jose said. 鈥淛ust tell me what you want done and it will be done, and it will be done right.鈥

Today, the couple owns 11 properties, including their home in Bay Park, valued at $800,000. Together, their net worth is $5 million. They have four step children, the youngest of whom goes to school in La Jolla, one of San Diego鈥檚 wealthiest enclaves.

In another era, Jose and Linda鈥檚 marriage might be the classic American story. The two met through happenstance, kindled a romantic relationship, and together built a life and home that overlooks Mission Bay.

But despite the financial security, Jose can鈥檛 use his real name or show his face in a story about him. Neither can his wife. That鈥檚 because Jose has been living in the United States illegally for 23 years. (At the family鈥檚 request, we鈥檝e agreed to use pseudonyms instead of their real names).

Groups that advocate for聽聽argue the only way to discourage illegal immigration is through strict enforcement of existing policies. Failing to do so will result in increased immigration that will further strain public resources.

But Jose and Linda鈥檚 story shows that cracking down on unauthorized immigrants will affect more than marginalized members of the community working low-wage jobs. It will also impact those who鈥檝e for decades lived peacefully in San Diego, built houses and contributed to the local economy.

And in some ways, many unauthorized immigrants contribute more to the system than they take. 聽Jose, for example, still pays income taxes every year, through an聽. But he鈥檒l never be able to benefit from the Social Security system he pays into.

In 2007, Jose and Linda got married. Linda is an American citizen, but she said that doesn鈥檛 help Jose鈥檚 chances of getting a green card, which would allow him to remain in the United States permanently.

Marrying an American citizen remains one of the fastest ways for immigrants to obtain legal status, or legally reside in the U.S. But after 1996, when then President Bill Clinton signed an immigration bill known as the聽, it became much harder.

Starting then, undocumented immigrants couldn鈥檛 change their status if they were already living in the United States for more than six months. The 1996 law also made it easier to deport undocumented immigrants, increased the penalties for those who came here without permission, and made it tougher for immigrants to get legal status.

For Jose, that means that despite the fact he has no criminal record and is married to a U.S. citizen, he鈥檒l never be allowed to change his status and live in the United States legally.

鈥淭hat鈥檚 why the 鈥榞et in line鈥 argument makes us want to pull our hair out. There is no line. Don鈥檛 you think if there was my husband would already be in it?鈥 Linda said.

The broken road to citizenship frustrates and discourages the couple, but it鈥檚 not their biggest concern. Until recently, longstanding residents and those without criminal records were viewed by immigration enforcement as a low-priority.

That鈥檚 changed. In February, President Donald Trump issued聽聽which essentially did away with the priorities former president Barack Obama had established.

That made every undocumented immigrant a deportation priority. For Jose and Linda, it feels like a matter of time before he鈥檚 detained and sent to Mexico.

鈥淲hen I call him and he doesn鈥檛 answer, when I text him and he doesn鈥檛 answer, the fear sinks in. Everything could be destroyed in a second,鈥 Linda said.

Locked Out

The first three months of 国产视频 administration sent waves of fear through immigrant communities across the nation, including the estimated聽. Local government agencies are still sorting out聽.

But Jose鈥檚 problems started back in 1998, when Border Patrol stopped him at a checkpoint on Interstate 8.

Had he known he was carrying bunk papers, he鈥檇 have avoided the checkpoint in the first place. But two years prior, a Catholic charity convinced him he could apply for political asylum and, for a fee, obtain a permit that would allow him to legally work in the U.S.

The application wasn鈥檛 valid, but Jose didn鈥檛 know that at the time. He showed Border Patrol agents his papers and told them there was no problem. They disagreed.

Border patrol detained Jose in January of 1998 and took him to Phoenix, where he鈥檇 await a court date. In May he agreed to leave the country voluntarily, and by June he was back in Mexico.

Had Jose鈥檚 case resolved a few months prior, he may not have faced as stiff a consequence as he did. But the 1996 Illegal Immigration and Immigrant Responsibility Act, known by immigration attorneys as 鈥淚ra-Ira,鈥 increased penalties for immigrants who had violated U.S. law 鈥 whether it was criminal conviction or a violation of immigration law.

Penalties increased based on the time someone had been residing unlawfully in the country. Those who stayed in the United States for six months would have to wait at least three years to return. For those who stay 365 days or more, it鈥檚 a 10-year bar.

By the time Jose agreed to depart voluntarily, the time he spent in detention already put him above the 365-day cap. That means that when Jose agreed to depart the U.S., he couldn鈥檛 return for 10 years.

But by that time, Jose had three children from his first marriage waiting for him in San Diego. Leaving them to fend for themselves for 10 years wasn鈥檛 an option. So, a month after he landed in Tijuana and checked in with the U.S. Consulate, Jose came back.

But when he did, and unlawfully entered the U.S. for the second time, he triggered聽.

After speaking with multiple immigration attorneys, Linda believes the fact that Jose crossed the border a second time makes him ineligible for a waiver that would forgive his illegal presence if he can show Linda or their children would suffer 鈥渆xceptional and extremely unusual hardship鈥 should he be deported. Proving that hardship isn鈥檛 easy. The fact that family members would be separated isn鈥檛 enough to prove unusual hardship.

Local immigration attorney Maricela Amezola says Jose鈥檚 situation may be a bit more hopeful than Linda believes. Even though the family doesn鈥檛 see it as an option, Jose may still be eligible to return if he spends 10 years outside the country. And if he鈥檚 detained by ICE, he may have a shot at relief if he fights the case in immigration court, she said.

The discrepancy highlights the complexity of cases involving undocumented immigrants. Each case is unique and tied to factors that include how long an individual has lived in the U.S and their ties to American citizens.

But on one point Amezola and Linda agree:聽 Under current law, it makes no difference who Jose married or how much he鈥檚 earned while living here.

鈥淪omeone could be married to the president and they would still be ineligible. And there is absolutely no sign this law will change,鈥 said Amezola.

To Linda and Jose, those rules are unnecessarily draconian. To others, strict enforcement is the only way to curb future immigration.

鈥淚f word got out, from the White House on down, that the goal is to prosecute every single person who enters the U.S. illegally, and we don鈥檛 care if you go to jail for an hour or a month, we want the conviction on the record,鈥 Peter Nunez, a former U.S. Attorney for San Diego and a board member of the Center for Immigration Studies,聽.

鈥淭hat is the greatest deterrent you can achieve to prevent further illegal entries not only by those people but other people.鈥

Broken Promises

In three separate rooms of their Bay Park house, Linda has hung portraits of former President Barack Obama, the way other families might hang pictures of Jesus or the Virgin Mary.

For eight years, Jose and Linda held out hope that Obama would forge a viable path to citizenship 鈥 or at the very least, keep Jose safe from deportation. But by the end of his first term in office, there were signs Obama could not deliver on his promise.

In 2014,聽聽to deporting immigrants with criminal records instead of long-term residents who had peacefully integrated into communities. 鈥溾 was the operative phrase.

There were other signs people like Jose would see temporary protection from deportation. In 2012, Obama created a policy that deferred deportation action for certain young people who were brought to the United States as children, a program known as Deferred Action for Childhood Arrivals, or DACA.

And in 2014, Obama pushed to expand that to parents whose children are U.S. citizens or permanent residents. Those changes would have protected 4.5 million of the estimated 11 million undocumented immigrants living in the United States, including Jose.

But ultimately, that effort failed, too. The matter went to the Supreme Court. But in June,聽聽leaving in place a lower court鈥檚 ruling that kept the initiative from going into effect.

Then came Trump, promising a 鈥渂ig beautiful wall鈥 and riding a wave of nationalism all the way to the White House. He quickly went to work trying to make good on campaign promises to remove all 11 million undocumented immigrants from the United States.

In February, Trump issued聽聽which effectively removed the priorities Obama had established for deportation. 鈥淎ll of those in violation of immigration law may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States,鈥 it reads.

Put more simply, all undocumented immigrants are now a priority.

Vaani Chawla, a local immigration attorney, said in the past three months she鈥檚 seen a spike in the number of calls she鈥檚 gotten from people who are frightened 鈥 including from people who have green cards and are following the law.

鈥淐ertainly the fear has increased. Even fear among people who aren鈥檛 doing anything wrong,鈥 said Chawla.

鈥淚 think there鈥檚 a lack of trust in the system 鈥 a sense that the rules that were agreed upon for years may no longer apply. It feels like the sands are constantly shifting and that what is true today may not be true tomorrow. And that鈥檚 from people who are here legally. So you can imagine what it鈥檚 like for people who aren鈥檛?鈥

Golden House, Golden Cage

Driving is especially tense for Jose. He鈥檚 changed his habits. He doesn鈥檛 drive to Los Angeles any more for business. He avoids interstate 8, the 5 and any other road that鈥檚 likely to have border patrol checkpoints. In fact, Linda and Jose don鈥檛 leave the county together much at all these days.

鈥淚t鈥檚 like I鈥檓 not living here,鈥 Jose said. 鈥淚 feel that way. I can have a house made of gold. But if I can鈥檛 leave the door, how much is it worth?鈥

Should local law enforcement stop Jose for a broken taillight or a routine traffic infraction, he may likely be able to drive away.聽, which Governor Jerry Brown signed in 2013, Jose has a valid driver鈥檚 license. The licenses themselves give away Jose鈥檚 status 鈥 they鈥檙e marked with the words 鈥渇ederal limits apply,鈥 which means federal officials aren鈥檛 obligated to accept the license as a form of identification.

But local law enforcement agencies generally leave enforcement of immigration laws up to federal agencies. The聽聽is not to inquire as to an individual鈥檚 immigration status unless they have reason to believe that person committed a felony.

Undocumented immigrants who are taken into custody have a much greater chance of landing on ICE鈥檚 radar. ICE has聽聽and access to records to inmates鈥 booking information. Agents can also interview individuals they suspect are here illegally and ask to be notified when the inmate is up for release.

David Myers, a commander with the San Diego County Sheriff鈥檚 department who鈥檚 also running for Sheriff, said the mission of local law enforcement is to keep communities safe 鈥 a task that could be jeopardized if local law enforcement agencies are forced to act as an arm of immigration enforcement.

鈥淚f someone is in this country illegally, and has a criminal record, I don鈥檛 know anyone who works in law enforcement who鈥檇 say those people should stay,鈥 said Myers. 鈥淏ut it鈥檚 the family that you describe. It鈥檚 the college students who were brought here as children. It鈥檚 the people who want to report a crime. Those people should not be a priority at all. We don鈥檛 need people living in the shadows who are afraid to report crimes when someone is victimized.鈥

But driving isn鈥檛 the only thing that puts Jose at risk. From the patio of their home, Jose can see the boat launch where he used to go fishing with friends.

Even before Trump entered the picture, the boat launch was a risky venture. Twice before, Jose said, he was stopped by plainclothes officers who patrol the coastline looking for smugglers. In both cases, Jose was able to talk his way out.

But he鈥檚 not willing to take that chance anymore. Recently, Linda says, they donated the boat to a local radio station. They won鈥檛 be needing it for the foreseeable future.

Jose has trouble saying what he鈥檇 do should he get deported and land in Tijuana. He worries about what would happen to his family in San Diego without someone to keep it afloat. And he worries about what 鈥 or who 鈥 might be waiting for him in Mexico if he were forced to return.

鈥淢y whole life is here. I don鈥檛 have anything over there. The only thing waiting for me there is fear,鈥 Jose said.

With no legal remedy in sight, Jose and Linda have no choice but to accept the uncertainty.

鈥淲hat makes all this worse is that I don鈥檛 know when it鈥檚 going to happen,鈥 Linda said.

鈥淚magine, your life is going to crash and burn. You know it鈥檚 going to happen, but you don鈥檛 know when. It could happen tomorrow, it could happen in 20 years, it could happen when he鈥檚 70. It鈥檚 like a life sentence.鈥

This article originally appeared in the .

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Mario Koran
Mario Koran

Fellow, 国产视频 CA

A House in Bay Park, But No Hope of a Green Card