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John Carlos Frey

John Carlos Frey

Posted: March 18, 2010 06:06 PM

The Case for Immigration Reform

What's Your Reaction:

On March 21, 2010 immigrant rights advocates by the tens of thousands will be in Washington, DC to make their case known to the nation. For me, the need for comprehensive immigration reform is obvious. I was born in Mexico of U.S. citizen parents. My parent's citizenship automatically made me a U.S. citizen even though I was born in a foreign country. By birth, I have been afforded the privileges of U.S. society, for which I am grateful. Through my work as a filmmaker, I have come to personally know those that seek refuge and opportunity in the United States and are not as fortunate as I. I have met people that live in constant fear of deportation, of being ripped from stable jobs, family and loved ones. I have seen and documented the migrant corpses that litter the southwestern deserts of the United States -- people who are so poor and desperate they will risk their lives for a job. I was born to the "right" parents so I can live better and freer than 99% of the entire world's population. My U.S. citizenship was a gift. There are millions living and working in this country that were not so fortunate and millions more coming that will be forced to live underground, afraid, taken advantage of and without a voice. That is the system we have today and it is at best, reprehensible.

Several weeks ago I met a man named Fernando who had been deported after being pulled over for a burned out tail light on his truck. Fernando spoke English, but not perfectly. He did not have a driver's license and of course, he was Latino. In addition to dealing with Fernando's infraction, the police officer that pulled him over also asked Fernando for proof of legal residency. Fernando truthfully admitted to the officer he did not have any legal papers. He was detained and deported to Mexico several days later. What the officer did not ask was how long Fernando had been in the United States. If so, he would have answered, 25 years. Fernando was not asked if he had U.S. citizen children -- he has three -- ages 8 to 16. His wife is a legal U.S. resident. His parents are U.S. citizens. Fernando was deported in spite of all this information because it is irrelevant given our current immigration system. If that is not enough insult, Fernando will have to stay in Mexico for approximately 10 years while his application to legally reenter the U.S. is under consideration. The fact that he has worked on a U.S. farm providing manual labor for 25 years means nothing to immigration courts. The fact that he has no criminal record, never been late on his rent or utility bills, goes to church and coaches his son's soccer team is meaningless.

Some may say that Fernando should never have crossed the U.S. Mexico border without documents. Fernando was covertly invited to the U.S. to work amongst the millions of undocumented laborers in our agricultural industry. Each year we (businesses) import unauthorized labor to the United States by the hundreds of thousands. Yes, I say we, they are here, they are working and we are benefiting. We are a magnet for undocumented labor and we look the other way.

People say, "He should get in line." "My Grandparents got in line." Our current immigration system provides no line for Fernando. If our ancestral immigrants were subject to today's immigration laws they would have never gained legal access. There is no fine Fernando can pay to make restitution, there is no judge he can plea his case before, the cries of his family carry no legal weight and there is nothing he can do but apply for legal reentry and wait ten years to be with his family, maybe longer.

Fernando found himself in a shelter of deportees in Tijuana, MX. He was desperate. He had a wild, distant stare in his eyes. He appeared catatonic. The only thing he talked about was seeing his wife and children. He was thinking about crossing the border through the desert. He won't wait ten years for his immigration application to be considered. I told him the desert is dangerous, I even told him I made a film about migrants dying in the desert. I offered to show it to him in the hope he would not make that journey. He left yesterday, and crossed the border into the Arizona desert. I have no way to contact him. I have no way to know if he will ever find his way to his family. I have no way to know if he is still alive.

Inhumanity is the cornerstone of our current immigration system. The work is here and the poor are there. Desperate people will find a way to reach opportunity and reach the people they love. If I were in the same situation, I would do the same thing. The need for comprehensive immigration reform is urgent. People are dying, workers are being abused and Fernando should be with his wife and children.

On the eve of what may be the beginning of the immigration reform debate, are we a big enough country to consider the poor and desperate amongst us? Can compassion and forgiveness guide our judgment or will we hate, fear monger and slog it out healthcare style? I wonder how many of us are U.S. citizens by sheer luck and if so, can we extend the bounty that was freely given to us?

 

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05:36 PM on 03/25/2010
Dear Mr. Frey,
I met you this week and was very impressed by your words and the work you do. I'm glad I found out about your work. I've brought it home for my family and co-workers to see.

Thanks for this article and for speaking about Fernando's sad truth with passion. I'm hopeful change will be forthcoming. I hope Fernando is safe.
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John Carlos Frey
Documentary Filmmaker and Investigative Journalist
05:46 PM on 03/25/2010
Many thanks,
I will keep moving forward if you do too! Let me know what your family has to say.
steevh
filmmaker
12:18 PM on 03/22/2010
Thanks, John, for another great post. It's a heartbreaking story that is just one of millions.

wow though, it never ceases to amaze me (but I guess it should start to) that even on a 'progressive' site like HuffPo there are so many commenters/users who are so incredibly mean-spirited, racist, xenophobic, close-minded, and ignorant. I guess it's because even HuffPo has an entertainment section so on the way to looking at the latest celebrity wardrobe-malfunction pics and whatnot these people see some headline with some hot-button issue phrase that inflames them and they decide to spew their ill-considered hate. Too bad we can't just deport them instead of the immigrants, and most of our problems would be solved. heh...
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John Carlos Frey
Documentary Filmmaker and Investigative Journalist
08:35 PM on 03/22/2010
Thanks Steev,

Interesting idea but what would life be like if we didn't have the ignorant and absurd.
03:08 PM on 03/19/2010
Immigration reform comes only after criminal aliens are removed. If they wish to be here, let them do as thousands of law abiding immigrants do and go through the process.
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John Carlos Frey
Documentary Filmmaker and Investigative Journalist
03:25 PM on 03/19/2010
What is that process exactly?
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07:49 AM on 03/20/2010
Fair enough: create a process, show compassion. Some in my family were illegals and never became citizens. They were here fifty years or more, raised families,contributed to making America greater. Perhaps they "deserved" to be deported, legally, but what kind of monster is going to tear a harmless 75-year-old lady from her family and send her away forever?
I'm a conservative and am pro-enforcement, but when we HAVEN'T enforced the law then we've brought the consequences on ourself, collectively, as a country.
I DO want illegal immigration STOPPED. Dealing humanely with those who've built up a life here AND dealing decisively with illegal immigration BOTH have to be part of reform. Otherwise it's not reform, just a sell-out.
It is primarily Democrats who've demagogued this in recent years, accusing Republicans of racism and "anti-immigration" every time a Republican dares utter a squeak about our porous border. What fitting, poetic justice that the buck now stops at a Democrat. The Loony Left whom the Dems demagogued will consider him a traitor if he does anything less than ANNUL the BORDER.
Obama has got what he earned, the power to enforce the law. Well... DO it, Mr. President, and welcome to the crucifying you're going to get from YOUR side of the aisle.
Yes, show compassion, make a "process", but if you erase the border, Mr. President, you're a traitor and a perjuror to your oath of office.
Can't have it both ways? Sorry, you gotta.
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Corpsman Up
12:58 PM on 03/19/2010
Fernando's family is not allowed to move south of the border while he waits for his papers?
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John Carlos Frey
Documentary Filmmaker and Investigative Journalist
01:28 PM on 03/19/2010
Yes, of course they can move to be with him if you honestly think that is the best solution. Remove kids from school, teach them a new language and destroy any hopes for the future. Sound compassionate?
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Corpsman Up
07:51 PM on 03/19/2010
No more compassionate then seperating the family for 10 years. Most of these families speak two languages, which is one of the reason the children have trouble in school. They are spoken to and taught spansih at home, and have trouble learning in english. They are fall behind or the school districts have to use special techniques to teach these students.
People make passionate pleas that families are torn apart. I am saying there are alternatives, nobody mentions that the families are alwaysfree to follow the law breakers.
11:07 AM on 03/19/2010
OK why didn't Fernando participate1986 amnesty? He was here in 1985. Why did his parents not go thru the channels to get him permanent residence? They are citizens. He has been here 25 years, doesn't speak English well. Why is that? What documentation has he used for 25 years worth of employment? Was it stolen or fraudulent? He was driving without a license and most likely without insurance. That is always good for the public.
It sounds to me if Fernando didn't want to become legal. He was happy to skate by, enjoying the benefits of our country without putting much effort into changing his status. Now that he was caught and deported, the American public are supposed to feel sorry for him. We are supposed to embrace CIR , so he and all the rest like him can get a pass. I am just not buying it.

Of course Mr Frey, you being an ethnocentrist love using these stories of poor Hispanic illegal aliens to tug at the heart strings of the naive. Would you be so concerned for illegal aliens if instead of most of them being Hispanic, they were some other nationality/ ethnicity? If 60-70 percent were Canadians, would you still be advocating for them?

It is amazing that when white Americans want to protect what their forefathers built and bled for, they are considered bigots, racists, nativists and xenophobes. Yet when ethnic special interests advocate for their group it is acceptable. Hypocrisy at best
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John Carlos Frey
Documentary Filmmaker and Investigative Journalist
01:03 PM on 03/19/2010
If you think that this country was built by white Americans you should take a look at the labor force during the 1700's and 1800's. Remember slavery? I don't remember calling anyone racist in the article. I am advocating for change to a terribly unjust and broken system. I don't what you want.
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GrumpyGrandpa
A '60's liberal who didn't sell out
10:12 AM on 03/19/2010
The people who call Mr. Frey a liar, like some in these comments, have no understanding of the realities of the world or the history of our immigration system. Let me explain in my 240 word, if I can.
The initial immigration system was set up as a racist system. It was designed to keep Orientals out of the West that was just settled by...wait for it...white folk! As the system has evolved, it has never lost its racist nature. While there are HUGE allowances for European immigrants, there are only a trickle allowed from some privileged Latin American countries and a mere drip for the rest of Latin America, Africa and those of Arabic descent. If that's not racist, tel me what is.
I was an agricultural worker attorney before my disabilities forced my retirement. I worked with the 'legal' temporary workers brought in for the summer and the undocumented workers. The ignorant person who spoke about getting in line has no concept of what she is talking about. If all the undocumented Hispanic workers disappeared today, within a week, there would be food shortages and within a month, food riots in the US. Why? Because no one in the US will do the backbreaking jobs that are required to put food on the table of the US population.
Immigration reform is required, if for no other reason, than you could butter bread you put in your mouth this morning without even thinking about it.
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EndRacismNow
Vielfalt Uber Alles
12:24 PM on 03/19/2010
'While there are HUGE allowances for European immigrants, there are only a trickle allowed from some privileged Latin American countries and a mere drip for the rest of Latin America, Africa and those of Arabic descent'

You're dead wrong. The 1965 immigration act changed the policy of Northern European preference.

Here are some stats
http://www.migrationpolicy.org/Factsheet_102904.pdf
'Over half of all new legal immigrants arrived from just 10 countries.
The 10 countries of origin were Mexico (116,000), India (50,000), the Philippines (45,000),
China (41,000), El Salvador (28,000), the Dominican Republic (26,000), Vietnam (22,000),
Colombia (15,000), Guatemala (14,000), and Russia (14,000). The last three countries were
newcomers to the top 10 list in 2003, while Cuba, Bosnia-Herzegovina, and Ukraine fell out of
the top 10.'

Third world countries now get preferential treatment to Europeans. Get your facts straight before blurting out nonsense.
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GrumpyGrandpa
A '60's liberal who didn't sell out
01:50 PM on 03/19/2010
I'm not sure where you got your numbers from, but maybe you ought to review these CBO numbers. Isn't it interesting that Africa, with twice the population of Europe, barely exceeds the number of immigrants from Europe, nmm?

http://www.cbo.gov/ftpdocs/70xx/doc7051/02-28-Immigration.pdf
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EndRacismNow
Vielfalt Uber Alles
12:25 PM on 03/19/2010
Add another 500,000 a year of illegal immigrants from Mexico, El Salvador and Guatemala and we have a racially discriminating immigration policy in favor of Latinos.
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John Carlos Frey
Documentary Filmmaker and Investigative Journalist
01:28 PM on 03/19/2010
Do you have any idea who maybe inviting people from those countries to work in America? Should we blame the desperate or look toward agribusiness, construction or service industries. I promise you if there were no jobs offered, they would not come. What is more illegal, trying to feed you family or taking advantage of the poor?
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GrumpyGrandpa
A '60's liberal who didn't sell out
03:17 PM on 03/19/2010
Speaking from the experience of having watched it in action, I would LOVE to see how long you lasted in a tomato field picking tomatoes with the humidity at 90% and the temperature of 95 degrees. And remember, you will be stooped over and the 100 pound bag will be hanging from your shoulder. You will have to be careful or you'll get fired for bruising the tomatoes. And if you dare complain that you have worked 60 hours that week and got paid for 40, you'll be fired or the crew boss will pay you a visit in the dormitory that night and you won't complain anymore if you want to continue to breathe.
How about being 13 years old and working on a third story laying a concrete block wall for the construction project with no safety equipment on. The falling on your head and being told that you should just shake it off and take the rest of the day off. The surprise is that he lived until just before midnight when he was taken to the ER where they tried desperately to save him but failed.
No sir, you have no idea whereof you speak.
04:01 AM on 03/19/2010
Thank you Mr Frey for this article about Fernando.
10:59 PM on 03/18/2010
To openly honest I consider John a friend so my opinion may be considered biased. Be that as it may I admire him both for his work with our Hispanic brothers and sisters AND his work within the USA politico system attempting to right the various wrongs within it.

I have illegal alien ancestors. They were Scot-Irish and avoided the entry at Ellis Island in the early 1800's by first entering Canada.

Few realize that immigration laws in the USA are not an age old thing. They are relatively new and were initiated to keep Chinese from immigrating. Of course we USED Chinese workers to finish our wonderful trans-continental railroad but then we wanted no more of them. That was around 1860.

The Irish were welcomed into the States in the 1860's - and many of them were immediately given blue uniforms, a rifle and assigned to a company swiftly sent into combat against the rebellious South.

Hispanics are welcome so long as a) they don't place too much of a burden on our society; b) they leave their wives and children back in the "Old Country" and c) they work their little Hispanic asses off to replace the laziness that has over taken American youth.

I work in construction. I'd love to have a good, hard working English speaking trainee. BUT...I see that within the next several years my helper will speak Spanish with only a smathering of English.
06:51 PM on 03/18/2010
There was a line for Fernando to wait in if his parents are U.S. citizens. The line may be long, but to suggest there wasn't one in this circumstance is a lie. Fernando just didn't want to wait. He wanted to come here, have a family, work, all using false documentation, I'm sure, and not only get away with it, but also be rewarded with U.S. citizenship. Well guess what? We're not having it. There are millions of people who'd love to live here, but don't because they can't come here legally. If an amnesty is pushed through we're saying to the people who, unlike Fernando, are waiting in line - sorry, only those who came here illegally can live here while their application is being processed. Amnesty would be a travesty. Millions of people in other countries are being tortured and persecuted as I write this...Fernando lived here for 25 years, got an education for each of his kids, probably partook of every social service going, and now we're supposed to feel sorry for him? I don't think so, sweetie.
07:09 PM on 03/18/2010
Your ignorance and cold heart is obvious in your statement my dear friend. Look into your past life and spew on your mistakes you have made all your life but got second third and many more chances because you were born here in good old USA. Fact is you will use fernando and many others like him to save a buck but when the time comes for sympathy, you are having none of that? Only thing you have to be proud of that you were born in USA and "thats all" due to no fault of your own, other wise your pathetic life is useless, Sweetie.

If you were in his shoes would you not do any thing in your power to be with your kids and wife? Think about it, "long and hard" and answer truthfully, if you still have that left in you, sweetie.
03:49 AM on 03/19/2010
I think you are very correct. This sweetie pie who was born in good old USA due to no fault of her own does not have any heart at all. If she was in Fernando's shoes I would like to know what course of action she would have taken. Come on, wake up lady, open your heart and mind and look around you. What is the purpose of your life with no compassion at all in a situation like Fernandos.
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Contact1972
Honey Badger Don't Care
07:25 PM on 03/18/2010
Eloise-- While I agree that people entering the US illegally is the wrong thing to do, what you dont seem to understand is that the ENTIRE immigration system is broken and needs fixing.

My guess is, and I could be wrong, is that you have never had to deal with the byzantine system we have at the moment. The wait times are ridiculous and make no sense. Too many documents are lost by the US govt and all the applicant can do is START OVER. Surely as Americans, we can come together and fix this crazy inhuman system that almost forces human beings to break the law.

Plus, I'd like to point out that there are lots of LGBT immigrants who are in bi-national relationships. Guess what....they have NO LINE TO GET IN because the current system doesnt even recognize same sex couples for immigration purposes. Watching my friends go through this is heartbreaking. They have to choose between the man or woman they love and the country they love. Try putting yourself in that position!

Finally, stop using the word 'amnesty' because what is being proposed is NOT amnesty. Undocumented immigrants will have to pass a backround check(criminals will be deported), learn english, commit to community service, pay fines and back taxes and get to the back of the line.

Lets stop screaming at each other and fix this problem. If you think either party will commit to deporting 12 million people youre dreaming.

Peace.
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John Carlos Frey
Documentary Filmmaker and Investigative Journalist
10:20 PM on 03/18/2010
Thank you for illuminating us on the plight of the LGBT community. It is a part of immigration reform that is discounted. Our system is tragically broken and knowledge of the damage it causes to all helps us to make informed decisions. I appreciate your insight.