akim
Benbader is an illegal immigrant. He came to the United States at the age
of 21 on a six-month tourist visa and simply stayed on for the next eleven
years working as a delivery boy or a cashier in various restaurants and delicatessens
in Brooklyn. Six years ago he took a few computer classes at Kingsboro College
and followed them up three years later with classes at Long Island University
to qualify as a computer technician. On September 30, 2000, Benbader married
a fellow Algerian who won the immigration lottery and a green card in their
native country. This year, Mrs. Benbader gave birth to the couple’s
son.
Benbader, currently a driver for a limousine service, is now being
forced to consider alternatives to his Brooklyn life. Under the Patriot Act,
passed after the terrorist attacks on 9/11, Benbader, like millions of others,
faces possible detention and deportation. The US Department of Justice issued
orders directing all visiting, non-immigrant males in the U.S. from a list
of 25 countries including Algeria, Iran, Iraq, Pakistan, Saudi Arabia, Morocco,
Sudan, Libya, Syria, Jordan, Indonesia and Egypt, among others, to register
at their nearest Immigration and Naturalization Services office where they
could be fingerprinted, photographed and interviewed under oath. (The INS
is now in a separate Bureau of Citizenship and Immigration Services under
the Department of Homeland Security). The registration order applies to all
males, 16 years of age or older, who are nationals or citizens of those 25
designated countries who entered the United States as non-immigrants on or
before September 10, 2002. If they plan to stay in the country for more than
a year, they have to report back to the INS office for an annual interview.
Also, these men cannot leave the country from just any airport, seaport or
land border crossing. They can only travel from designated ports and will
be interviewed, photographed and fingerprinted every time they re-enter the
country. Penalty for non-compliance with these orders includes arrest, detention,
fines and/or removal from the United States.
Clueless on how to deal with the situation, Benbader turned
to the Arab American Family Support Center, a not-for-profit social service
agency that caters to the needs of Arabic speaking communities in New York
City. The Center conducts a legal clinic twice a week to educate Arabs about
the special registration procedure, and to help figure out if the law applies
to them or if they are exempt.
Benbader credits the Center’s attorneys for being helpful and informative
but says, “The problem is that no one knows what could happen,
and that is the scary part.” Regardless, he wants
to stay here. “I have lived one-third of my life here and I’m
part of this society. If I go back, I will be a stranger there. What am I
going to do over there? My life is here now.”
Johanna Habib, an attorney at the Center, orchestrates the clinics where pro
bono attorneys and law students give consultations to people, who are often
too poor to be able to afford an attorney. “This year itself we have
had more than 300 Arabs come in with questions and in need of help,”
she said. “We try and find attorneys who will take their cases for free
or at a discounted rate, write letters to their appointed judge asking for
more time, represent clients who are most likely to be deported.”
Rachiq Yassine, better known as Snow, may be on the verge deportation, too.
He came from Morocco to the States on a six-month tourist visa in July 2000
that he overstayed. Snow worked 12-hour shifts, seven days a week, for $300
at a grocery store in Brooklyn so he could send money home to his parents
and brother. “Finally my dad [who also over stayed his visa and is an
illegal immigrant now] told me that I needed a solution and that I couldn’t
live like a slave,” says Snow. In January 2001, he moved to Cincinnati,
Ohio to work in a restaurant. “It was a good job, I was working 10-hour
shifts, six days a week; it was more like the American life.” On his
day off he did odd jobs at an Italian woman’s house to earn extra money.
Eventually things turned sour between Snow and his employer and he returned
to New York in July 2001, even though he would be jobless and homeless. Snow
sought refuge in a mosque in Astoria. “There were so many people in
that mosque,” he says. “Everyone had problems; the women would
be crying; the men knew no English; inside I didn’t feel human.”
But it was in that mosque that Snow met his wife, Ghizlane. He felt sorry
for her family and took them around to help them find an apartment. Ghilzlane’s
father was scared that she would forget her religion and her values and wanted
to marry her off rather than risk letting her loose, and Snow pitched for
the position. The entire family moved to Cincinnati again, but Snow returned
within a few weeks, four days after the 9/11 attacks.
Snow worked around-the-clock at a grocery store to save enough for an apartment
so that he and Ghizlane could marry. The couple finally tied the knot on February
6, 2003 and moved into an apartment in Brooklyn across the hallway from Ghizlane’s
parents and brother. Ghizlane, 17, is in the process of getting a GED at a
school on 34th Street. Snow currently spends his days selling newspapers from
6-10 a.m. at Battery Park and then rushes to a Wall Street sandwich and smoothie
shop where he works till 9 PM.
Even though Snow and Benbader are illegal immigrants, their having to undergo
special registration is being seen as ethnic profiling. “I wonder why
Germany, Spain, France and England are not included in this list especially
as most of the terrorists involved in the September 11 attacks had support
from these countries,” says Stanley Cohen, a civil rights attorney.
“This is ethnic profiling and is just racist and xenophobic. Especially
if you notice that they have chosen those countries that statistically are
mostly Muslim.”
The government however has denied this. “These countries were selected
on the basis of the fact that they promote state sponsored terrorism,”
Jorge Martinez, spokesman Department of Justice says. “Registration
is based solely on nationality and citizenship, not ethnicity or religion,”
he says.
Snow is not a terrorist, nor he skulking around up to no good. “I just
want to stay here for five-six years, make enough money and then go back home
to start my own business,” Snow says. But he and Ghizlane are trying
to deal with their worst nightmare—the deportation proceedings that
were started when he went to register at the INS. “At times I say that
let’s forget about the papers; she will soon become an American citizen
and then she can fix my situation,” he says.
The Center is currently besieged with stories similar to that of Snow and
Benbader, some better and some worse. But this is not the only work that they
do. The Center, which was established in 1993 and started work the following
year, also offers child welfare programs, parenting classes, classes on how
to deal with domestic violence, English as Second Language and cultural orientation
for new immigrants, counseling for adolescents especially on how to deal with
the backlash since 9/11, as well as tutoring and mentoring for students.
Some of the clients who come for guidance on special registration speak only
Arabic or Farsi and need a translator in order to communicate with the attorneys,
many of whom, including Habib, don’t speak those languages. But other
employees at the Center can be depended upon to help out with translations.
“Most of these men,” Habib says, “have no economic opportunity
in their home countries, their children are often starving as they live from
paycheck to paycheck and they just need a chance to give their families a
better a life.”
“I wish that I can live here,” says Snow. “I got an American
dream, but they are trying to burn it. It’s hard. I don’t know
what I’m gonna do.”