Backlogs of cases and limited channels for status conversion have left many undocumented immigrants with slim hopes. (Photo by Reporter Jian Zhao)
In the United States, legal immigration requires patience and luck.
The U.S. immigration system sets annual green card quotas for each country, leading to a large backlog of immigration cases from high-demand countries such as Mexico, China, India, and the Philippines due to national limitations.
According to the latest visa bulletin issued by the U.S. Department of State, Chinese applicants face the longest wait in the family-sponsored immigrant category F4, with the priority date currently stuck at August 1, 2007.
"This is an 18-year wait to reunite with family!" noted Sin Yen Ling, public relations director of the Chinese American Citizens Alliance (CAA). For some individuals, such a wait is almost equivalent to hopelessness. They may resort to risky measures, attempting to enter via the U.S.-Mexico border and apply for asylum. However, these applications are often rejected, dismissed in immigration court. To remain in the U.S., they appeal, but after several years, they still fail, ultimately receiving deportation orders. They refuse to leave because once outside the U.S., they might not be able to return.
When officials from the U.S. Citizenship and Immigration Services (USCIS) determine that applicants do not qualify for asylum and are "inadmissible" or "removable," cases are transferred to immigration courts for adjudication.
Data from the Executive Office for Immigration Review (EOIR) of the Department of Justice shows that over the past three years, the backlog of cases in U.S. immigration courts has reached a new high. By the end of the 2024 fiscal year, there were 3.6 million cases pending trial, a significant portion being cases where individuals sought to delay or avoid deportation through asylum applications.
According to data released in October 2024 by the nonprofit Transactional Records Access Clearinghouse (TRAC), only 35.8% of asylum applications were ultimately approved.
★Ineligible for Immigration Status
Not everyone qualifies to "get in line."
Yudy, who has been living in the U.S. since she was 17 and has now been here for 20 years, shared her story through recordings organized by the Chinese American Citizens Alliance (CAA) and requested to use a pseudonym for protection of her identity.
She said she didn't understand what it meant to be "undocumented" when she first arrived until she found out in high school that she couldn't apply for financial aid when applying to college. It was then that she realized the challenges she faced. As a foreigner, she had to pay international student tuition rates, which she could not afford, forcing her to interrupt her studies.
Yudy said she has only been able to take low-paying jobs over the years. "I had no choice; I had to do this to survive."
In 2012, the Obama administration launched the Deferred Action for Childhood Arrivals (DACA) program, providing temporary protection from deportation and work permits for undocumented immigrants who came to the U.S. as children.
Yudy said, "But I don't qualify because I was over 16 when I entered the country."
A Chinese female immigrant who wished to remain anonymous, through the Chinese American Citizens Alliance, stated that she entered the U.S. via the southern border in 2014 and later married an American. However, she was deemed "inadmissible" because she did not go through customs inspection upon entry. Her husband could not help her obtain legal immigration status.
In 2023, the Biden administration introduced the "Family Reunification Initiative," offering hope to about 500,000 undocumented immigrants who are married to U.S. citizens but cannot adjust their status within the U.S. However, the initiative was overturned by a court just two months after implementation.
"I'm back to square one—a person without legal status—despite having a spouse who is a U.S. citizen," she expressed with frustration.
★Can't Go Back, Afraid to Leave
According to estimates from the Pew Research Center, there are approximately 6.3 million households in the U.S. with undocumented immigrants, of which about 70% are "mixed-status families," meaning some members are legal residents. Currently, about 4.4 million U.S.-born children under 18 live with undocumented parents across the nation.
Yudy said that her family members eventually immigrated legally to the U.S. and tried to help her apply for legal status. However, this process inadvertently exposed her personal information and circumstances, resulting in her receiving a deportation order.
"That period was very scary; I was afraid to expose myself, afraid of being deported... All my family members are in the U.S., and I don't know anyone in Hong Kong," she said.
According to data from the American Immigration Council, undocumented entrants who have not undergone lawful inspection generally cannot apply for a green card in the U.S. Even if eligible, they must leave the country first and reapply from overseas. However, if they have illegally resided in the U.S. for more than a year, they will face a ten-year ban on re-entry. Although there are special exemption procedures, approval is difficult. For many families, the cost of being separated from their loved ones for ten years is simply unbearable.
Jose Ng, a call operator for the San Francisco "Rapid Response Network," said that many of the immigrants arrested this year have previously received deportation orders.
"The majority of the cases we encounter involve immigrants who have lived in the U.S. for at least ten years, with family members who can vouch for them to change their status. However, they dare not leave. Because once they leave, they may never be able to return," Ng added. For immigrants with families and jobs, especially those with young children or even newborns, leaving their families is an extremely difficult decision.
After the pandemic, the number of people entering from the southern border surged, and public opinion began to equate undocumented immigrants with criminals. Some political figures and conservatives echoed the government's tough stance on immigration.
★Misunderstandings Abound—Undocumented ≠ Criminal
Outdated and derogatory terms like "illegal alien" further deepen societal misunderstandings about undocumented immigrants, portraying them as community threats.
However, multiple studies show otherwise. For instance, a study published in Sage Journals analyzing crime data in U.S. "sanctuary cities" found no significant difference in crime rates compared to other cities. Data from Oxford Economic Papers indicates that the incarceration rate of undocumented immigrants is 33% lower than that of native-born U.S. residents.
The research suggests that, out of fear of deportation, these immigrants tend to be more cautious, avoiding any behavior that could lead to criminal activity.
Yudy said she hopes people will look at undocumented immigrants differently. "Our voices are rarely heard, but we are part of this society. We come here to escape difficulties and provide a better life for ourselves and our next generation, so we work harder."
The backlog of cases in U.S. immigration courts has reached a new high over the past three years. (Image source: Executive Office for Immigration Review, EOIR)
Original article: https://www.toutiao.com/article/7499003779702850084/
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