t the
recent immigration hearing held by Council Member Kendall Stewart,
Chair
of the City Council's Subcommittee on Immigration and attended by
several other Council Members, attention was focused on the desperate
need for reform in immigration policy at the federal, state and local
levels. Much testimony was given about what immigrants are up against as
they wrestle with an unwieldy and often uncaring system. Yet, without
specific individuals to put "a human face" on the problem, the full
reality of the situation can remain illusive to those not personally
affected by it.
That human face was provided by Pierre Toussaint, a Haitian national
who gave testimony that day.
His
words made vivid how perfectly respectable, hardworking people can
become caught in the toils of the immigration system and how difficult
it is to get free.
Toussaint told of coming to the United States on a visa in 1984 in
order to escape the political turmoil in Haiti. Since that time, he has
established his life in this country. He married an American citizen who
has filed an application for him to obtain permanent residency. He has a
son, who is a citizen, attending college at SUNY New Paltz. His mother
is a permanent resident and he has an American citizen brother.
"In all ways I feel like an American," Toussaint said. "I pay taxes;
I own my own home. And yet, after 19 years, I am still an illegal alien
in this country."
He went on to explain how his immigration problems began in 1995 when
an unscrupulous lawyer encouraged him to obtain a work permit from the
INS. The lawyer never informed him that in order to obtain work
authorization from the US government, he had to voluntarily place
himself under deportation proceedings, and that once they are started,
it is extremely difficult to win a "suspension of deportation" case.
"Had I known that, I never would have consented to the attorney taking
action," Toussaint declared.
At the time, Toussaint's mother had filed an immigrant visa petition
for him, a process that would have resulted in his obtaining legal
residence in this country. The INS had approved his petition. However,
there were quota delays that made it necessary for him to wait for the
quota availability so that he could file his final application for
permanent residence.
Regrettably, the judge denied the application for suspension of
deportation, but granted Toussaint two years in which to depart the US
voluntarily before a final order of deportation would go into effect
against him. Stated Toussaint, "I never left because I married my wife,
my family is here, and the situation in Haiti got worse."
Explaining where the matter currently stands, Toussaint said,
"Now,
although I am married, although my wife has filed for me, and my visa
petition is approved, I cannot obtain my permanent residence until the
court agrees to reopen my case. In order for the court to reopen my
case, the government must agree to join in on a 'motion to reopen'
that my current attorney, Linda Eiges, has filed for me. However, the
government counsel refuses to join in on this motion. So after all this
time, I am stuck and am still an illegal alien."
With much
feeling Pierre Toussaint concluded his testimony, "I love this country
and am appreciative of all the opportunities it has given to me. I am a
law-abiding citizen and feel I have much to contribute to society. I
hope that the laws change so that I can be given a chance."
At that point, Council Member Stewart asked Atty. Eiges to join Mr.
Toussaint at the testimony table in order to further clarify a few
matters.
Eiges explained that, unfortunately, the INS attorney (the District
Counsel) has discretion to decide Toussaint's fate. Eiges also
explained that if an undocumented individual wants to file a motion to
reopen, he or she must do so within 90 days of having been ordered
deported. Once the 90 days have passed - which they clearly have for
Toussaint - the only way you can possibly file is if you can prove
extenuating circumstances or changed conditions, or you get governmental
consent to file a joint motion. "So I filed a joint motion based upon
all these circumstances, but the government refused to join in," she
stated. "Right now, maybe I'll get the District Counsel to change her
mind, but I don't know if that will happen."
Eiges concluded, "I don't think we really want our laws to work
against people like Pierre Toussaint, but that's what's happening."
After hearing this testimony both Council Members Kendall Stewart and
Yvette Clarke thanked Toussaint for putting a face on the issues
discussed at the hearing. They said, too, that they know he represents
countless people within their districts and New York City itself who
have similar problems.
Stated
Clarke, "Here at the New York City Council we are concerned for
individuals like yourself who we've seen contribute to the growth and
development of our city, state and nation. I can assure you that I'm
personally committed to doing whatever has to be done to make sure that
we see these laws changed in our lifetime so that you don't have to
continue to live under the threat of being stripped away from your
family."
Council Member Kendall Stewart spoke about how tragic it is when
someone - such as Toussaint's original lawyer - makes the wrong decision
somewhere along the line, negatively affecting the lives of entire
families. He thanked Atty. Eiges, who he said is doing great work for a
lot of people in his and Clarke's districts. To Pierre Toussaint he
said, "We in the City Council are here to serve you. We are your
voice in this arena. Your participation will give us the impetus to do
so much more, and I thank you for coming."
For further information about this case, contact Atty. Linda Eiges at
(212) 233-2020, 225 Broadway, Suite 1607, New York, NY 10007.
