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Chicago Rallies Around Student Facing Deportation

by: Yana Kunichoff, t r u t h o u t | Report

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(Photo Illustration: Troy Page / t r u t h o u t; Adapted From: Vince Alongi, Martino's Doodles)

When Rigoberto Padilla arrived to the United States at the age of six from Mexico, he was a stranger to Chicago. Now, 15 years later and dubbed an "illegal alien," he is undergoing deportation proceedings - and Chicago has rallied around him.

Advocates say the campaign to stop Padilla's deportation is about more than just this one case. They hope the pressure applied through community activism and the Chicago City Council Human Rights Committee's plan to debate a resolution about the deportation of Padilla and other Chicago-based undocumented students like him in November 2009 will bring attention to what they consider a broken immigration system.

"There is an identity crisis for undocumented students," Padilla said in a phone interview. "There is no going back to Mexico for me because all that I have is here, but there is no moving on here in this country without the legal recognition that I am American."

The battle to pass legislation offering a path to legalization for the more than 65,000 undocumented students graduating from high school in America each year continues, while The Development, Relief and Education for Alien Minors (DREAM) Act, sponsored by Sen. Richard Durban (D-Illinois) and Sen. Richard Lugar (R-Indiana) in 2001, is still stalled.

The DREAM Act calls for the creation of a path to legalization for students brought to America as minors. In its most recent incarnation, the bill called for temporary, legal residence to be offered to those students who had graduated from high school in America, lived in the US for at least five consecutive years, were of "good moral character" and were enrolled in college or planned to serve in the military.

Though Senator Durbin has said he will continue to push for the DREAM act as long as he "draws breath," he does not expect to see immigration reform on the table until the health care debate is resolved. Though the House has never voted on the DREAM Act as a stand-alone bill, and in 2007 it was eight votes short of overcoming a Republican filibuster, Durbin reintroduced it to both houses in March 2009, and, thus far, 101 representatives and 31 senators have co-sponsored the bill.

Undocumented students, as well as having limited job prospects, are not eligible for financial aid or credit, and those like Padilla who choose to pursue higher education do so out of pocket. The Immigration Policy Center estimates that only five to ten percent of undocumented students that graduate from high school attend university, compared to 67 percent for American citizens who enroll in university after graduation.

"I feel like we are doing what they say we should," Padilla said of his decision to attend college despite having to work two jobs to support himself, "but the legal government doesn't put up their end ... there's this huge amount of waste of talent."

Padilla, an honor student who led the Organization of Latin American Students at Harold Washington College and is now studying at the University of Illinois in Chicago, was picked up on a traffic violation on January 18, 2009. It was then ascertained that he was not a citizen, and while in Cook County Jail, he was interviewed by an Immigration and Customs Enforcement agent, and shortly after transferred to a federal prison. There he was given the option to pay bond or wear an ankle bracelet to track his movements. He left with a misdemeanor drunk-driving conviction, an ankle bracelet and a court date.

Chicago's status as a "sanctuary city," passed as an executive order in 1985 by then-Mayor Harold Washington, prohibits city employees from enforcing immigration law. Padilla and city advocates have argued that his experience shows a violation of this ordinance.

Padilla has found wide support for his fight against the deportation order in this city he considers home. US Rep. Jan Schakowsky (D-Illinois), state Reps. Lisa Hernandez (D) and Gregory Harris (D), along with a number of Chicago aldermen, have expressed their support for an end to deportations in conjunction with Padilla's case.

The Illinois Coalition for Immigrant and Refugee Rights said "the removal of Rigoberto Padilla is a tragedy for him, his family, and our entire community." ICIRR's Executive Director Joshua Hoyt, was with Padilla when he marched with around two dozen people to the Chicago offices of the Department of Homeland Security, calling for immigration reform this August. With them, the marchers had more than 9,000 petitions in a box with a photo of 6-year-old Padilla taped to the front.

"The Obama Administration recognizes that our immigration system is broken, yet it continues its absurd path of enforcing our current laws even more vigorously, a path that will only ruin more lives like Rigo's and tear apart more families," said Hoyt. "Our nation needs workable solutions that uphold our nation's values and move us forward together."

Padilla is now counting down the days until his scheduled deportation - December 16 he will be on a flight to Mexico, a place he has not been since the age of six. In an open letter to Senator Durbin, Padilla, who hopes to become an immigration attorney, wrote: "I consider myself American. I have been in this country for 15 years and have struggled to continue my education with what little I have. I feel that I am not alone in this struggle."

  

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Yana Kunichoff is a Truthout intern.

Comments

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You are not alone Rigo. We

You are not alone Rigo. We are with you! Please take action to stop Rigo's deportation from happening. http://icirr.org/TellICE

This story exemplifies the

This story exemplifies the need for real immigration policy in this country. It seems all politicians want to do about it is say whatever it is that will get them elected or reelected, while passing any real legislation. But I also, and perhaps I am speaking unfairly, and if so, it is only because I don’t know the process involved. But why has not this young man taken the necessary steps to become legal? He is obviously intelligent with noble ambition. It can be considered tragic that he is facing deportation, but he also should have taken the necessary steps to be here legally. All too often I read these tragic cases of families who have been here for years, have had children here, and 10, 15, 20 years later they found out to be here illegally, and wind up being booted out. Yes the system is broken, but at the same time if you have been in this country for that long, you should have done or be in the process of attaining legal status.

I am aware that the opinion

I am aware that the opinion that I post will probably be greeted with manure. So to say this as straight as I can I will say: deport him, he does not belong to this country and if he is willing to stay in this country he will be denied of any benefits excluding basic tenements for survival purposes in order to head back to whatever country he was originated in. Why is it that over in Mexico that I have visited numerous times that illegal immigration is greeted with severe penalty of jail time? Or that Mexico refuses to offer citizenship to even legal immigrants that live in their country for "X" amount of years? Or that Mexico and many other South American countries have DAILY deportation and enforcement of illegal immigration and human trafficking? And also why does Canada have stringent immigration rules that also similar to MANY European countries that deport illegal immigrations as well? These people who jump into our borders physically speaking should be shaming themselves for being a proud citizen of that country. It certainly means that citizenship from their country is at best meaningless and that any political,economic, or any reform MUST come from themselves to STAND UP and do what is best for their country and their future generations. It is embarrassing to see that citizens have to flee their countries WITHOUT a fight for reform! Talk about national pride and loyalty to one's own country!

No mention of Padilla's

No mention of Padilla's parents, who alone bear the blame for his situation. Come here legally, and your family will be able to stay together. Not hard to understand, is it? In his open letter to Dick Durbin, which also makes no reference to his family, he claims that he was unaware of his "undocumented" status until he was a senior in high school. Uh, huh. Here's hoping that his deportation will set a hard example.

Great, another illegal

Great, another illegal immigrant drunk driver. I think we have enough of those. Bye. Bye.

Undocumented = Illegal=

Undocumented = Illegal= lawbreaking. Did no one else notice this criminal (yes breaking the law on a daily basis makes him and his parents criminals, look it up.) was apprehended driving drunk, and due to his "undocumented" status probably without a license, and so probably without insurance. Yes let's keep this person here and forgive all. The only thing broken about the immigration system is it's lack of enforcement. Sanctuary city, it's ok stay here and when the idiots in Washington give you citizenship you will vote for the Dickie Durbans, and others who will do anything for a vote.

Anonymous ought to take a

Anonymous ought to take a course in basic writing skills just to start with. The point is that Padilla did not sneak across the border - he has been here since the age of 6 so he actually is proud of the country he has lived in for all of the life he remembers. He probably has no memory of Mexico at all.

I do have sympathy for the

I do have sympathy for the young people who were brought here illegally by their illegal alien parents, but if we start making exceptions for this group or that group, where do we stop? This country cannot absorb the excess population of the Third World and remain part of the "First World". In some ways, we are already losing that status, with the current economic hard times and the outsourcing of American jobs to foreign countries. We just cannot go on accepting 2 million legal immigrants every year and perhaps almost that many illegal aliens. Every illegal alien that we give amnesty to will become able to import more of his/her relatives through chain migration, and they in turn will be able to import more! Studies in Mexico have shown that nearly 50% of Mexicans would come here if they could! Do we really want to explode our population from 300 million+ to over half a billion by 2050? We need to enforce our immigration laws and reduce legal immigration to about half what it is now, while eliminating illegal immigration as far as possible and removing those already here. We must act in our OWN best interests, not those of the foreigners who want to come here.

Thank God for sanctuary

Thank God for sanctuary cities. Drunk driving illegal immigrants must be protected from deportation unless they've killed at least 6 U.S. citizens.

Post an article about

Post an article about someone here "illegally" and watch the frothing white rightwingers ooze out of the woodwork. None of you, unless you can claim Native American ancestry has anything to say about someone supposedly here "illegally". You got lucky and that is all. Before your (and my) white ancestors grabbed the land away from Padilla's ancestors, it was theirs. The laws your ancestors imposed in order to exploit the people already here are suspect because of that. If you can't handle people forced from their homes by poverty, you need to redirect all this energy into solving the real problem. If you can't even figure out what the real problem is, skip this site; your frothing wastes time, space and electricity.

Frothing white leftwinger

Frothing white leftwinger Frances says we're all "frothing white rightwingers." Maybe there are liberals in good standing – for now, that is -- who have admitted to themselves that they don't care for the way the addition of tens of millions from South-of-Zee-Border has changed this country. The poverty they flee is largely the result of corrupt, backwards nations' inability to provide for their own. BTW, Padilla obviously has a lot of white in him, so he's got some original racial sin of his own going on there. Then again, Kennewick Man, discovered in Washington State and dated back some nine thousand years, appears to have been Caucasian, so maybe we'll need to redefine "native American." While that’s being settled, let’s at least try to chuck the “noble savage” mindset, OK?

The old 'we're all

The old 'we're all immigrants' mantra is wearing just a tad thin now, isn't it? If you were born here you're a citizen, you're not an immigrant. To those who support the drunk driving illegal immigrant - if he's allowed to stay, and he kills someone, you should take some of the blame. We don't need or want this kid. See ya, wouldn't want to be ya.

I agree with Frances in

I agree with Frances in California. I would go further and say we are all immigrants in North and South America. You just have to go back further in time to see the migration. So should not the oldest migration have the most advantage in terms of legality. Perhaps someday, we can all be treated as equal humans in the eyes of the law.

If he isn't deported, he

If he isn't deported, he should pay for his DUI. You must be really dumb to know that you are an undocumented immigrant, drive without a license and then drive drunk. And in a city like Chicago? He's lived in that city for years & thinks cops are going to be concern over his drunk wellbeing? If he had hit someone, killed someone or sent someone to the hospital, this story would've been completely different. In the eyes of those cops, they didn't know if he went to community college or not, he was a drunk alien and that was enough. Though the ordinance says that city employees can't enforce immigration laws, it doesn't state under what circumstance. Cops won't ask if you're an alien on the street & arrest you or assist ICE in raids but thats where the legal binding ordinance speaks in specifics ends. And federal law comes in. The article also states he was in Cook County Jai, CPD doesn't handle that jail but instead the County's Sheriffs office & Illinois State Police. Those departments aren't "city employees." If these aliens want a sympathy card for immigration reform or student reform then they should look into another poster boy, one that isn't a stereotypical Mexican drunk.

"He probably has no memory

"He probably has no memory of Mexico at all." So, who cares? He's not here legally, and the only reason they are here, is Republicans and biz owners went to reduce labor's negotiating power by expanding the labor pool illegally. It's an economic issue, not anything else. Since when does squatting in America make you a citizen? Or your emotional state? Since people don't have any factual or good arguments for him staying, is when.

Hello - he was convicted of

Hello - he was convicted of DRUNK DRIVING! Not only is he here illegally but he endangers US residents and citizens on the street. How difficult it is NOT TO DRINK AND DRIVE?

Are people serious? Excuse

Are people serious? Excuse me, but "a stereotypical Mexican drunk"? This boy was an honor student, head of Organization of Latin American Students, working two jobs and planning to become an attorney. I think drunk driving is an unfair and atrocious thing, but don't pretend that someone you care about, know, or even yes you yourself haven't done it. Let him do a community service program, whatever, just don't deport him. Further, Who mows your lawn? Who cleans your house? etc. I'm from Texas, where illegal immigrants do the absolutely worst jobs with no benefits and are still treated like shit. It's about time these hardworking people get the rights they have always deserved.