America's Criminal Immigration Policy

How U.S. law punishes hard work.

Jesse James DeConto from the February 2006 issue

(Page 4 of 4)

During the 2004 Christmas season, Buca and Amanda's church lost its pastor after the U.S. Citizenship and Immigration Services denied his green card application for the third time and the county Baptist association decided it could no longer support an illegal immigrant. The Sanchez family, Amanda's longtime friends, chose to send their children back to Mexico for college because, even though they grew up in local schools, their undocumented status precludes in-state tuition benefits. Fortunately for the Christmas tree workers and a local economy that relies on their labor, immigration agents don't venture to these parts unless they can round up undocumented felons or groups of 25 or more illegal aliens, according to Sheriff Hartley. That rarely happens.

It's one of the main reasons Hispanics say they've settled here and probably one reason why the Hispanic population in the rural South is growing at a much higher rate than in more obvious places such as California.

The High Country Hispanic community is waiting for Congress to consider the Agricultural Job Opportunity, Benefits, and Security Act, nicknamed AgJobs, which for three years in a row has died before any real debate. Endorsed by the National Christmas Tree Association, the National Council of La Raza, and various labor unions, including the AFL-CIO, the AgJobs bill aims to make the H-2A program more attractive to growers and give current farm workers and their families a chance at permanent residence. As long as he works at least 360 days in agriculture over six years following the bill's passage, Buca would be guaranteed a green card. In April 2005 a Senate majority supported AgJobs, but the bill barely missed the 60 votes needed to overcome a Republican filibuster.

A broader piece of immigration reform legislation, the Secure America and Orderly Immigration Bill of 2005, co-sponsored by Sens. Edward Kennedy (D-Mass.) and John McCain (R-Ariz.), would expand green card quotas to eliminate the backlogs that stymie longtime undocumented workers. Although this bill also has widespread support, it remains to be seen whether Republicans can iron out sharp disagreements within their party. Some favor stricter enforcement of existing laws and oppose creating new paths to naturalization.

Meanwhile, the families of U.S. farm workers suffer the pain of separation. I visited Amanda and her girls a few days after returning from a trip to Florida to see my own parents, siblings, and in-laws during Christmas of 2004. Buca's return was still a month away. As I sat in her kitchen, at the end of a two-day visit to the mountains, three hours from my own wife and daughters, 4-year-old Daisy tugged on my arm and asked if I missed them.

"Yes," I said. "Very much."

"I miss my daddy," she said.