Undocumented Student Activist Arrested

By Joseph Pimentel/Asianjournal.com

LOS ANGELES — The Asian Pacific American Legal Center (APALC) is asking for immigrant community support after Immigration and Customs Enforcement (ICE) authorities arrested a 24-year-old Vietnamese immigration advocate and her family.

Tam Tran, a former honor student graduate and Ph.D. candidate at UCLA, and her family were arrested October 8 by ICE agents at their home in Orange County. ICE officials charged Tran and her family with being fugitives from justice despite being immigrants seeking political asylum in the US for the past 18 years. They were released the next day with monitoring devices.

“Many in our community are scared to come out and lend their voices to the immigration debate because of ICE actions like these,” said APALC’s Immigration Policy Advocate Daniel Huang. “Such heavy handed tactics do nothing to solve our immigration problems and only serve to hurt families, refugees, and those in greatest need of assistance.”

Tran’s journey has been well documented. She represents one of thousands of undocumented students and children of illegal immigrants.

Tran has been outspoken in her efforts before State and US House legislators for the passage of the Federal DREAM (Development, Relief, and Education for Alien Minors) Act that would allow children of undocumented to become US citizens if they meet certain criteria. California Governor Arnold Schwarzenegger vetoed the State DREAM Act that would have allowed undocumented students access to school financial aid.  Schwarzenegger said it would strain the State’s General Financial Aid Fund.

The Pew Hispanic Center estimated that 1.5 million Asians in the US are undocumented. Of that number, the National Federation of Filipino American Association (NaFFAA) estimated more than 500,000 hail from the Philippines.

Tran’s Plight

“I am lucky…to share my story and give voice to thousands of other undocumented students who cannot,” testified Tran’s during a House hearing.

Since her graduation from UCLA in 2006, Tran has embarked on a series of speaking engagements to educate people and legislators about the plight of undocumented students.

Recently, Tran was one of many undocumented students that testified before the US House Judiciary Committee’s Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law last May.

According to the House transcripts, Tran’s parents fled Vietnam during the Vietnam war. A German ship rescued Tran’s parents at sea and brought them to Germany where Tam and her 21-year-old brother was born. Her family then migrated to Southern California seeking political asylum. After a lengthy battle, they lost the asylum case. The Immigration court ordered her family to be deported to Germany.

However, Germany does not grant birthright citizenship. German officials did not grant the family a visa. The family stayed in the US and continued to seek political asylum.

In 2001, the Bureau of Immigration court ruled that the father had suffered persecution in Vietnam for his political beliefs. Tran and members of her family were able to obtain Government identification and work permits from immigration officials.

Meanwhile, Tran continued to succeed in school. She assimilated into the fabric of American culture.

“I am culturally an American… I grew up watching Speed Racer and Mighty Mouse (cartoons)  every Saturday morning,” said Tran.

She graduated with honors at UCLA and was accepted to a Ph.D. program in Cultural Studies. UCLA also awarded Tran a department fellowship and minority fellowship.

“But the challenges I faced as an undocumented college student began to surface once again,” said Tran in her testimony.

Despite the fellowship and scholarships, the hefty price tag of $50,000 along with living expenses thwarted Tran’s educational dreams. Her undocumented status did not allow her State financial aid.

“When you’re in my situation you have to, or learn to, or are forced to make compromises.”

Tran began to work as a film editor but also encountered problems. Three days before she testified in front of Congress, her work informed her that it would be her last day at work until she renews her work permit.

“Every year, I must apply for a renewal but never have I received it on time,” said Tram. “This means every year around this month (May), I lose the job that I have.”

“But it’s okay, because I’ve been used to this – to losing things I have worked hard for. Not just this job but also the value of my college degree and the American identity I once possessed as a child.”

Outspoken

Chair of the House Immigration Subcommittee US House Representative Zoe Lofgren accused ICE officials of “witness intimidation” and trying to silence Tran and her family.

Huang said the timing of Tran and her family’s arrest is suspicious.

Three days before her arrest, Tam was featured on a USA today article, “Children caught in the immigration crossfire” about the number of undocumented children that are raised in the US and eventually, threatened with deportation to their home country.

“Of course, we can’t say for certain [that Tam was arrested because she spoke out],” said Huang.  “She’s been here, her family checks in yearly to immigration officials. How can anyone interpret them as criminals? We’re very suspicious.”

Phone calls to ICE authorities were not returned as of press time.

Huang said looking at the bigger picture, this arrest might affect the number of undocumented immigrants to keep silent.

“That’s something that we’re very concerned about,” said Huang. “This immigration debate and policy issues rely on the voice that is most affected. We don’t want to see anyone’s speech silenced through this kind of intimidation tactic.”

“Those in our community who are judgmental about illegal immigrants often don’t realize that they include asylum denials, visa overstays, and immigrants who simply have no legal avenue for staying here,” added Sara Sadhwani, APALC’s immigrant rights project director. “We hope the Asian American community will unite in support of the Tran family and their painful ordeal.”

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10 Comments

Filed under FilAm News

10 responses to “Undocumented Student Activist Arrested

  1. Jim

    DEPORT!!! DEPORT!!! DEPORT!!! DEPORT!!! DEPORT!!! DEPORT!!! DEPORT!!! DEPORT!!! ….nothing but DEPORTATION!!!

  2. J.D.

    If we continue to defend individuals who are openly violating the law, we will NEVER be taken seriously.

    Ms. Sadhwani’s statement that, “Those in our community who are judgmental about illegal immigrants often don’t realize that they include…[people] who simply have no legal avenue for staying here” is ridiculous.

    If an individual was NEVER INVITED, then of course they have no “legal avenue” for remaining here.

    It’s time we begin sticking up for the rule of law rather than for the lawless.

  3. Tammy

    Enter Legally and you will not have ANY problems here in the United States.
    Americans are tired of illegal aliens and we want them deported.

  4. illegalsgotohell

    end their voices to the immigration debate” the illegals shouldnt have come out to protest in the beginning…its riduculous to come out a demand something when your there illegally to begin with..try that in mexico and you will end up getting shot..these arrogant lawless illegals and their advocated deserve to be hung.

  5. Bobby

    “However Germany does not grant birthright citizenship.”

    Of course, and it is so with most nations. Only the traitorous people in charge of immigration in this nation do this. What else can one say?

  6. Stanley Racine

    So enforcement of laws is an “intimidation tactic.” And people who have “no legal avenue” decide to come anyway, or overstay their visitor visas.

    The mentality seems to be that’s there’s a right to immigrate to the United States, whatever we citizens (whose country it is) say about it. And, evidently, a right to disobey our laws, too, when they prove to be inconvenient.

    Asians (admittedly a very broad category) are turning into just another grievance group.

  7. Donald Cho

    Talk about slanting a story through ommission.

    The facts are Tam Tran and her family were denied permanent residency and that decision was upheld by the BIA. The original “order to deport” which the Tran family chose to ignore for over ten years, was still in effect and was lawfully carried out by ICE agents. The elder trans would not be persecuted because they would return to Germany where they had legal residency, not Viet Nam.

    They chose to leave Germany and overstayed their visas and now they must pay the price. I say deport them all poste haste!

  8. Dawes

    They are illegal?
    Deport them now!

  9. Dr. Coles

    Illegal Aliens and Immigration is NOT the same thing. 80% of the American people want an end to anarchy!

    Illegal (aliens) workers are criminals, those who hire them are criminals and those who aid-and-abet them are criminals.

    Illegal aliens in America have NO rights. We are required by law to arrest and prosecute, deport them. (Title 8 U.S. Code)

    No, matter your political party affiliation, and setting aside your thoughts on issues. We all need to remember what it is to be an American Citizen. We need to make sure our elected representatives obey their Oath of Office.

  10. mlimberg

    If you are not legal in this country, turn yourself into ICE. It is more likely you will get favorable treatment by admitting your status then having them find you.

    This issue will drag on for years and make everyone suffer until illegals understand they have commited a crime. Its time to ask for forgiveness rather than hide.

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