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Model Student Faces Deportation as DREAM Act Remains Pending

UCSB student Cindy Reyna, who was taken into custody at the Santa Barbara County Jail last Thursday after being unable to produce American identification at a DUI checkpoint in Goleta, is now being held in an Immigration and Customs Enforcement detainment center in Camarillo.

Originally from Guatemala, the fourth-year communication and linguistics major now faces deportation despite the fact that her parents are citizens who brought her to the U.S. at the age of 15. Reyna, who transferred to UCSB last year from SBCC, carries a 3.8 GPA, maintains an active involvement in campus groups and works to deliver news to local Spanish-speakers at Azteca Television.

A Change.org petition created yesterday to halt Reyna’s deportation had garnered 6,378 signatures of its goal of 10,000 as of press time.

The pending legal status of California’s DREAM Act allows students in Reyna’s position to be taken into custody until the law goes into effect in Jan. 2013. However, Santa Barbara County Jail American Civil Liberties Union Ombudsman Laura Ronchietto said cases like these should be protected under the memorandum issued last June by ICE Director John Morton, stating that criminal offenders would constitute the department’s top priority.

“[Reyna] would not be a priority because it’s a waste of resources to detain and possibly deport a student who’s been here, attended high school here, who’s going to potentially have a college degree and will be able to give back to the country,” Ronchietto said. “[It’s not a priority to] deport a senior who’s about to graduate, who could get a great job and pay taxes and do all these things, but instead what they’re going to do is just deport her and all the money’s that’s been spent on her education goes to waste. She can take those skills with her to Guatemala, which doesn’t make any sense when we have a skilled worker to stay within the country.”

Fourth-year history of public policy and environmental studies major Nayra Pacheco, who has known Reyna since high school, said the situation is disheartening for many members of the campus community.

“To have a student like her who faces [financial aid] obstacles and is still as involved as she is in the community and maintains a great academic record, the community is really losing a well-rounded student,” Pacheco said. “A lot of people know Cindy and how outgoing and caring she is; it just doesn’t make sense to a lot of us why this would happen.”

Pacheco said the circumstances have also heightened anxiety for other undocumented students on campus.

“It’s a big worry now, because if somebody like her can get detained for the simple act of being at the wrong place at the wrong time, then anybody can and it adds to the insecurity that it is to be an undocumented student,” Pacheco said. “It affects every facet of your life.”

Greg Prieto, a doctoral candidate in the sociology department, said current federal laws leave such students in a vulnerable position.

“Without a national DREAM Act that grants these students a pathway to legislation, they still encounter these obstacles to social ability after college,” Prieto said. “Universities, under those circumstances, can’t do a lot directly.”

Although Reyna’s bail has yet to be set, it can range anywhere from $2,000 to $10,000. From Camarillo, she could be taken to Los Angeles and then held in a detention facility elsewhere in California, pending a resolution on her deportation status.

To sign Reyna’s petition and learn other ways to support her, visit http://www.change.org/petitions/stop-the-deportation-of-cindy-reyna.

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64 Responses to Model Student Faces Deportation as DREAM Act Remains Pending

  1. Ya Right

    March 4, 2012 at 9:19 pm

    I love how the nexus omits important information in this story! She got a DUI, which even though she is a DREAM act candidate, she threw it away by committing a crime and driving under the influence.

    • John

      May 9, 2013 at 9:04 am

      It doesn’t say she was under the influence of alcohol it says she was in a DUI check point that doesn’t mean she was under the influence!!

  2. investigatorinaction

    March 3, 2012 at 9:16 am

    Cindy Reyna works ILLEGALLY (obviously) in a club downtown called ‘The Savoy’
    Here is a proof of the facebook formal invitation to the public from The Savoy Staff:

    We are so happy to have Cindy as one of the newest members of our staff! She is such a pleasure to be around and works her ass off so this Saturday night, The Savoy is celebrating her 23rd b-day!

    This event is as classy as she is and ALL of you are invited!!
    The party starts at 10:30 with bottle service as continues ALL NIGHT LONG! Come take a shot with the b-day girl and make her 23rd one she will DEF FORGET!

    We love you Cindy!
    ♥ From the Savoy staff
    This is from January 7th. 2012

    NOW: How come she is not charged for Identity Theft ???
    She had to provide a REAL SSN and LEGAL form of ID in order to work LEGALLY!


  3. Arturo

    March 2, 2012 at 2:44 pm

    She should be deported, she committed many crimes:

    1. She overstayed her visa (minor crime to me, I really don’t care about it and she was a minor, so she didn’t have any choice but to follow her parents’ footsteps)

    2. She obviously work here illegally (minor crime to me … no work permit, no green card, no citizenship = illegally working)

    3. She was driving without a license (medium level crime to me, if she kills someone while driving would be hard for authorities to find her since there is no record of her at the DMV … no social security = no license)

    4. She was Driving Under the Influence (HUGE CRIME, she is lucky that she didn’t cause an accident and they are only deporting her because of that)

    Other aspects that support my point of view of why she should get deported:

    1. She knows her way around Guatemala (I came from Mexico when I was 15 (Cindy’s age when she came) and every time I go back I’m just another local)

    2. If she is so “great”, she can make it anywhere … who knows she might have a better life in Guatemala (no joke, she will get special treatment since she is educated in the States, sadly Latin American countries are elitist)

    3. Obviously she did not appreciate what this country was offering, otherwise she wouldn’t had make the mistake to drink and drive.

    4. I personally don’t a give a damn if she is cute or her GPA (which is obviously enhanced by a sub-par Major, is not like if she is a Physicist), no one should be above the law.

    5. She is giving the immigration movement a bad name, she had to chance to be a role model, instead she decided to make a fool out of herself, risking other people’s lives. This are the kind of cases that give more power to people opposing an immigration reform. Therefore, I will not stand behind a person with such poor judgment.

    My personal reason for not supporting Cindy:

    ** I lost a loved one to a drunk driver **

  4. BajaRat

    March 2, 2012 at 7:02 am

    Deport that drunken squatter on the first thing smokin’….. we have our own gaggle of home grown drunks.

  5. Khan

    March 2, 2012 at 12:21 am

    Hey hey .ALi & All…..our systemt is so screwed up it takes years to wait for an answer from INS…(personal experience with many people in know). Plus, this country is still ran by immigrants…..Borders are made by humans to keeps us separate. Yeah, she did fuck it up but she is an ASSET to USA and the society. Many illegal immigrants got their status after waitng many years and I know many who have created jobs for us Americans. If she gotta a DUI make her pay the fine but I DISAGREE with the deportation because Cidy might be creating jobs for me, you, all, and Ali’s kids in the future in USA.

    • BajaRat

      March 2, 2012 at 7:04 am

      This broad can’t work in the United States anyway and she’s taking up a university seat that could be filled by an American. Deport her immediately along with the rest of her family.

  6. Matt

    March 1, 2012 at 3:37 pm

    This article leaves something very crucial out. She was arrested for DRUNK DRIVING not for not being a legal citizen. Her citizenship issue was discovered after the arrest the DUI arrest. “Model students” don’t drive drunk or unless by model you mean her part time modeling career. Truth.

    • Richie

      March 1, 2012 at 3:46 pm

      You can’t judge someone for just one error they make. And apart from that one error, she is a MODEL STUDENT.

      • Matt

        March 1, 2012 at 3:54 pm

        Tell that to someone who has had a family member or friend die at the hands of a drunk driver. Driving drunk is not some harmless, childish error. it is a decision and one that can have major consequences as she is learning now. At least she didn’t kill an actual model student in the process.

      • BajaRat

        March 2, 2012 at 7:06 am

        She’s a “model student”, eh? Riiight……. a border-hopping parasite who endangers Americans by driving drunk. “Model student” my ass.

    • 123

      March 1, 2012 at 3:56 pm

      She actually does model part time on the side I believe. Thats actually what I presumed the title meant sense when I googled her it says on her website that she models and there are a bunch of shots.

      • BajaRat

        March 2, 2012 at 10:08 am

        Invaders are prohibited from working in the US. Wonder whose Social Security number this broad stole?

  7. Bubba

    March 1, 2012 at 3:04 pm

    Just read all the post from the educated and maybe some uneducated. Some typing on their phone (hmmm while driving maybe). The real deal heart or not is born here in AMERICA you’re a Citizen. Cross any Border without Identification or Proper documentation Illegal. We do not need to make exceptions to the Law based on our Hearts. A portion of People in this Country made a decision with their hearts just about 4 years ago and look at what we have now. There was a Comedian that was black balled because he said it the way it is. You don’t like this Country than get out(not his exact words just being civil). If you don’t want to take the proper steps to become legal than get out. End of Story.

    • Richie

      March 1, 2012 at 3:27 pm

      It seems to me that you are the uneducated one here, but let me TRY to inform you. You think that it’s easy for people,(some who have lived here since they where three years old and that consider this country as their home)to just leave. No it’s not going to happen. But If you read my comments, then you will notice that I’m only addressing the fact that it is mindless to deport someone like Cindy that can benefit the country. And like Cindy there are thousands of other undocumented students who can become very successful. They can even be the key to improving this economy which is why the DREAM act needs to be passed ASAP.

      • Bubba

        March 1, 2012 at 3:41 pm

        As is said, it is a Dream Act. This is a reality check. The Laws of this Country have been written. Legal is Legal. Illegal is Illegal. This person in question has had enough time to make things right. Her parents have also had enough time to make things right. We can run these Post all day long and a majority of Citizens in this Country still believe the same thing. It’s really not Rocket Science nor does it take a Brain Surgeon to understand and interpet the Law as it is written. I guess this why we have higher education so that we can continue to have discussions like this. What a Great Country.

        • Clau

          March 1, 2012 at 4:34 pm

          Hey Bubba. Segregation in school and public establishments, as well as ratial discrimination was legal too at some point in the US. Does it make it ok?

          • Shawn

            March 1, 2012 at 5:08 pm

            No it doesn’t, but they were citizens. There is no civil right to be a citizen. The current immigration laws work. Over 1,000,000 people successfully became citizens in 2010 alone.

          • Bubba

            March 1, 2012 at 5:18 pm

            You said it yourself (was legal). Those laws were changed as you say at some point. The Dream Act has not yet been enacted into Law and probably won’t during this Administration but maybe it will be passed. Who knows and I don’t care, the question still remains why is everyone trying to defend a supposedly drunk driving, supposedly illegal alien with supposedly expired papers? This is what some call a Model Student. A lot of people break laws every day. Some get caught and some do not get caught. Race has nothing to do with it or discrimination. I never once mentioned that. What I did mention is she and her parents had the opportunity to do right but time slipped away and bingo she broke a law supposedly driving while under the influence. Believe it or not but that is how most Illegals get caught (breaking another law). Sorry that’s the reality.

  8. Hodanet

    March 1, 2012 at 2:26 pm

    I don’t understand why she’s still in custody. It says her parents are citizens, she is guaranteed status. Moreover, she’s guaranteed citizenship. I was born outside the US and came here when I was 11. My parents are citizens. I had a passport and was sworn in as a citizen within a month of coming. Something is fishy here.

    • Mark

      March 1, 2012 at 9:31 pm

      Maybe her parents lagged it on the paperwork. Since I suppose she’s over 21, she might not be allowed to be requested by her parents (i.e. given the right to remain in the US.)

  9. Raquel

    March 1, 2012 at 1:45 pm

    In regards to comment 22, “If she was working, she was doing so illegally and therefor not paying taxes,” anyone can pay taxes with an ITIN, Individual Taxpayer Identification Number, which the IRS gives to ANYONE REGARDLESS of immigration/legal status. You do not know that she wasn’t paying taxes. This is a common misconception that people have about undocumented workers. You do not need a social security number to pay taxes.

    • Goober

      March 2, 2012 at 1:56 pm

      I will give her safe harbor at my pad until this issue is resolved.

      I promise.

  10. Richie

    March 1, 2012 at 1:06 pm

    I’m not saying that committing crimes is ok. Yes they are here illegally, but do you know why? NO, you don’t know why. They are here “illegaly” because in their respective countries the opportunities they had were limited and rare. I’m also not saying that help should be given to everyone, but yes to people like Cindy that come here whose only CRIME IS TO FIGHT FOR A BETTER LIFE. If any of you were in a situation like hers, you would understand. Whats so wrong with providing help and opportunities to people that are willing to give back to this country later on. Cindy can later on be a professional providing services and paying taxes. All the other crimes that you say she committed like driving without a licence are tied together with the ysame problem. Isn’t this what life is all about. Helping others and making the world a better place? I guess is not for all you heartless people.

    • Ali

      March 1, 2012 at 1:27 pm

      No, Richie–Her crime is to break the laws of this country in search of that “better life”. Plenty of Americans would like better lives, but we’ve seen our lives get distinctively worse because of the presence of illegal aliens who have not only taken jobs, but used services they don’t pay and have committed crimes such as fraud, identity theft, rape, and murder which have harmed Americans.

      And just why is it that Cindy can’t begin “making the world a better place” in her home country?

      The only rationale you have for her is that it’s “heartless” not to let her have what she and her family have broken the law to get. Do you understand how impossibly juvenile and naive that sounds?

      • Richie

        March 1, 2012 at 1:43 pm

        I know Plenty of Americans want a better life but don’t have it because they don’t want it. How can a “simple Immigrant” that isn’t allowed to go to college take the job of an American citizen? what happens is that they do the least payed jobs and other jobs that most Americans don’t like to do like cleaning toilets. Furthermore i already stated that help should only be givenprovidedre illegal and everything tied to that because that so called “crime” will actually be beneficial to his country.

      • claudia

        March 1, 2012 at 2:26 pm

        You’re right, Ali!
        Us Americans do not commit crimes such as fraud, rape, identity theft, and murder.

        We are tired of immigrants!!! We should tell it to the Indians, surely they’ll understand!

        Is there anyway we can deport Ali?

  11. VanGogh's Ear

    March 1, 2012 at 12:34 pm

    The facts. She is here illegally. It is a crime to be here illegally. It is a crime to drive without a drivers license. (It would be a crime if she worked here without a work visa.) By being here illegally and by driving without a license she is committing crimes. She is a criminal. She is not a U.S. Citizen. Non-U.S. Citizens who are criminals and are in this country illegally should be deported. Deport her!

  12. BT

    March 1, 2012 at 12:23 pm

    “Ombudsman Laura Ronchietto said cases like these should be protected under the memorandum issued last June by ICE Director John Morton, stating that criminal offenders would constitute the department’s top priority.”

    Isn’t being in the U.S. illegally a crime in itself? Isn’t driving without a license a crime? The fact that she’s been here for 15 years is not a legal defense to being here illegally. I could go on a serial killing spree and not get caught for 15 years, but I would still go to jail when I get caught. I’m sick of this hardcore liberal garbage being shoved down my throat. The Dream Act is utter crap. Part of the admission process should be verifying proof of citizenship or lawful alien status – PERIOD. Anyone who disagrees with that is an idiot.

    • Mark

      March 1, 2012 at 9:36 pm

      Well she was convicted of DUI so I’m assuming the memorandum no longer applied to her.

      • BT

        March 2, 2012 at 10:55 am

        Actually, the article does not state she was drunk – she was just unable to produce ID. So unless you know something I don’t… Also – she couldn’t have been convicted of DUI so soon – possibly charged, but it’s unlikely she has actually been convicted. At DUI checkpoints, part of the process is showing your driver’s license – all people checked must show their driver’s license, regardless of whether they’re drunk or not. I think this is where the confusion is… most people are making the assumption she was drunk, but it appears as though she was arrested simply for driving without a license. Having said that, I’m still for deporting the bitch!

        • Mark

          March 2, 2012 at 12:21 pm

          Yes. She was convicted and handed over to ICE. Just look up more information on “real news” article…. Google search it there BT lol.. not only go by this bias article.

          • Mark

            March 2, 2012 at 12:33 pm

            On a side note. Driving without a license would at most subject her car to impounding… At a DUI checkpoint… Usually law enforcement in California doesn’t do immigration enforcement. But since she was involved in a SERIOUS crime (regardless of your views on immigration, we could all agree that DUI is a serious crime.) this gave CHP enough reason to hold her and hand her over to ICE. On the conviction… A speedy conviction in regards to aDUI… Since she is illegal it may have warranted a speedy trial. Google search another article and you’ll see she was convicted on DUI on Feb 28th.

            • BT

              March 7, 2012 at 10:12 am

              Yep, you are right. I can’t believe the Nexus would omit the fact that she got a DUI – what’s up with that?

  13. Richie

    March 1, 2012 at 11:51 am

    You now that this country is in need of an immigration reform. The laws that you say that she broke shouldn’t exist for people like her that come here to benefit this country. This country of IMMIGRANTS. Yet people with no hearts like you will never understand. We are talking about people hete not anomals.We are talking about yhe future of people that ha eyes And hands like you. There is nothing wrong with searching gor hapyness And success in this country.

    • Richie

      March 1, 2012 at 12:13 pm

      I apologize for the misspellings. I was commenting in a hurry with my phone.

    • Ali

      March 1, 2012 at 12:27 pm

      Oh, please. Our immigration laws are set up for US to determine who and how many “benefit” this country. Illegal aliens make unilateral decisions to come here, not for the benefit of this country, but for their own benefit. In fact, you’ll see many Hispanics in particular who care not for the interests of illegal aliens in general but that of other Hispanics. Tribalism at its worst.

      There is nothing wrong with searching for happiness or success in YOUR OWN COUNTRY and this is not this young woman’s country.

  14. Richie

    March 1, 2012 at 11:35 am

    It seems you have done alot of research Ali. How about you think about this situation as a human being with a heart.

    • Ali

      March 1, 2012 at 12:24 pm

      Multiply this young woman by the 20 million or so illegal aliens in this country.

      Now, have YOU lived in countries that don’t have a convenient border with the US? That are poorer than Mexico, which is not a poor country at all, but home to the richest man in the world, and with a GDP ranking #13 or 14? I’ve lived in poor countries in the Middle East, corrupt countries, and a major reason for the corruption is that bribery and law breaking were a way of life there. That kind of culture doesn’t occur in a vacuum. It’s created by PEOPLE who choose not to respect the law, to look the other way at bribery and unfairness. Illegal immigration is not only law breaking, it is UNFAIR and unjust. Why should MY students and colleagues have to follow the law when people such as this young woman and her family break it and are rewarded for it? Why should ANYONE follow laws if others are rewarded for breaking them?

  15. Richie

    March 1, 2012 at 11:29 am

    And her parents brought her here in search for a better future for her. Now that she has done nothing but to fight for her future, you think it’s fine to deport her when she can give back to the country. By not supporting her, you dont support your own country.

    • Ali

      March 1, 2012 at 11:34 am

      Utter garbage, Richie. How is it “supporting” this country to let people who make their first act here breaking our laws, and then the second, third, and fourth as well? This young woman not only got a NON immigrant visa through fraud, but has been working illegally, driving illegally, and driving drunk. I wonder if and how she’s been paid. Under the table or by using a fraudulent or stolen SS number, all of them crimes.

      Fact is, she proves that people who get “forgiven” their law breaking don’t become model residents or model citizens. Her parents apparently got some kind of amnesty and then proceeded to break other laws by bringing her here illegally. Same thing with Jose Vargas’ grandparents. Illegal immigration is part and parcel of corruption and that does NOT “support” this country.

      • Adeel

        March 1, 2012 at 12:39 pm

        Wow Ali, you sure know a lot about this woman’s situation and history. You figured all that out from the background in the petition page and your extensive experience with immigration law?

        Going through this thread, I watched your hatred of Cindy grow, along with how much you thought you knew about her. But have any of the conclusions that you have come to been confirmed by somebody actually familiar with the situation? It seems the conclusions you make build on each other, resulting in a teetering pile of questionable, unconfirmed information, broadcast as truth.

        I’m sorry for whatever makes you think it is ok to libel somebody you really know very little about, and justify your hatred of that person with information mainly sourced in your own imagination.

        A prime example is your accusation of drunk driving. I don’t know if you’ve ever seen a drunk driving checkpoint, but every car is stopped, regardless of suspicion of drunk driving. Cindy may very well have been sober, driven to a checkpoint, been stopped like every other driver, and detained. But she *was* here after her visa expired, so she *probably is* just a dirty stupid mean human being, incapable of acting like a decent citizen, notwithstanding her outstanding GPA (3.8 puts here within the top 2% of students) achieved while working and paying taxes.

        • VanGogh's Ear

          March 1, 2012 at 12:48 pm

          Key News 3 states that she was found guilty of driving under the influence yesterday. http://www.keyt.com/news/local/A-UCSB-Student-Faces-Deportation–141002403.html

          If she was working, she was doing so illegally and therefor not paying taxes.

          If you are going to state facts, please get them right.

          • Richie

            March 1, 2012 at 3:36 pm

            if you dont know anything then dont comment. “anyone can pay taxes with an ITIN, Individual Taxpayer Identification Number, which the IRS gives to ANYONE REGARDLESS of immigration/legal status. You do not know that she wasn’t paying taxes.” quote taken from Raquel.

            • Shawn

              March 1, 2012 at 4:22 pm

              She could just as easily perpetrating identity theft and working under the table. You or Raquel don’t know if she WAS paying taxes. She needs to go.

        • BajaRat

          March 2, 2012 at 10:58 am

          Comprende this, windbag:

          Under Title 8 Section 1325 of the U.S. Code, “Improper Entry by Alien,” any citizen of any country other than the United States who:

          *Enters or attempts to enter the United States at any time or place other than as designated by immigration officers;


          *Eludes examination or inspection by immigration officers;

          *Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;

          has committed a federal crime.

          Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretionof immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.

          Got it? Now drag her arse to LAX and put her on the next thing headed south.

      • Jose Garcia

        March 1, 2012 at 2:24 pm

        Fact is our fore fathers broke the law to fight for what they believe to be right. They committed treason but that was justified because they wanted a better life. Is that not what we all want why should you judge who is right or wrong. Laws that are unfair will always be broken. Just like your civil liberties that you would not some of them if people did not break laws. The fact of the matter is we need skilled workers ,and right now most of our PhD’s are not from here there from counties like china,India, and Japan. People like you is the reason the United States is falling behind on the global scale. Remember politicians are Representatives and they represent an idiot.

        • Shawn

          March 1, 2012 at 4:25 pm

          With unemployment @ 8 percent (much higher if you look at the real numbers), we don’t need to add to the labor pool. There should be no rewards for breaking the law.

          • Jose Garcia

            March 3, 2012 at 6:22 pm

            Yes if unemployment is high it’s because worker’s are not qualified for the jobs. I’ve been threw the American school system and it’s no wounder why American students are being surpass by 3rd world counties like India. What the average American want’s is an easy job with high income why do you think companies that have high salaries like Google are compose of mostly foreigners. If we as American want a future we need to be educated not ignorant. Let me ask you something do you really care about the future of America or do you just care about your well being; because what it sounds like that you don’t care if illegals help the country or not you just care about your own wants.

            • Shawn

              March 3, 2012 at 8:24 pm

              I would say that your example is a very small part. H1Bs are being abused like there is no tomorrow (by companies like Google, Microsoft, and Verizon to name a few), not because there aren’t any qualified citizen candidates but because they are cheaper. The vast majority of those who come here illegally aren’t the highly skilled types and they do more harm than good.

              To quickly answer your question, yes I do care about the future of America. I don’t care where anyone comes from to the United States, I just ask that they come legally. If they don’t I don’t have much sympathy for them when they get caught.

              BTW, you might want to run your future posts through a spell checker (F7 in most word processing programs) before you post. It will help you get your point across better.

  16. Rihie

    March 1, 2012 at 11:22 am

    Ali, you dont understand that there is nothing wrong with trying to be successful in this country. Thats the only thing that Cindy has done. She has not murdered no one, and it wasen’t her decision to come here. She was brought here by her parents as a minor.

    • Ali

      March 1, 2012 at 11:37 am

      I understand perfectly. You think that lying, cheating and breaking laws are perfectly acceptable. Not surprising, since that’s what illegal aliens by definition do. As for being brought here at age 15, so what? She’s spent most of her life in her home country and there’s no reason for her not to go back there.

  17. 123

    March 1, 2012 at 10:07 am

    she was brought here through a visitor’s visa at age 15, her father is a legal citizen, and though he had petitioned for her to gain citizenship when she got here here is a tidbit from the petition page

    “Her father, a U.S. citizen tried to petition citizenship for Cindy, but while pursuing her college career she aged out of the broken immigration system.”

    I’m not sure what it means when it says she aged out of the system. Does that mean she didn’t qualify for a petition for citizenship through her father because she got to be over 18 in the time it took to process her info or get to her?

    • Ali

      March 1, 2012 at 11:23 am

      123, as I pointed out below, if her father had been a citizen at the time she came here, she wouldn’t be in this fix. There is NO CAP and no wait on visas for children of U.S. citizens. The problem is, he most likely was NOT a citizen at the time he brought her here and committed immigration fraud if he got a NON immigrant visa for her with the intention she remain here.

      If a minor is petitoned for residency BEFORE the age of 21, a law passed in the early 2000s preserves her status. It’s likely her parents were NOT citizens in time to petition for her under this act:

      A “child” is defined as an individual who is unmarried and under the age of 21. Before CSPA took effect on August 6, 2002, a beneficiary who turned 21 at any time prior to receiving permanent residence could not be considered a child for immigration purposes. This situation is described as “aging out.” Congress recognized that many beneficiaries were aging out because of large backlogs and long processing times for visa petitions. CSPA is designed to protect a beneficiary’s immigration classification as a child when he or she ages out due to excessive processing times. CSPA can protect “child” status for family-based immigrants, employment-based immigrants, and some humanitarian program immigrants (refugees, asylees, VAWA).

      • 123

        March 1, 2012 at 4:03 pm

        Her father may have not been a citizen at the time she arrived in the US, but that doesn’t mean he wasn’t here on a work visa or with some other sort of documentation. Perhaps he was here on work visas, with a green card, or some other legal means, and by the time he got his citizenship and then petitioned for hers, she was over 21.

        You seem very agitated with my comment, my question was a real one, not a pointed comment to make jabs at you, if that was reason for your very emphatic and terse reply.

  18. ila

    March 1, 2012 at 8:18 am

    For the record, obviously this young lady did not come here legally, and maybe her parents dint either. But Ali, did your ancestors come here legally? I highly doubt it, in fact Ali, if your ancestors would have followed the laws you would most likely not been in America; the country founded by immigrants… Did you forget about that already? I love it when people want to judge others but fail miserably at judging their self’s.

    Good Day!

    • Ali

      March 1, 2012 at 9:14 am

      Actually, they did come legally. They came circa 1900. Until about 1910, all you needed to do to enter the US was show up and go through inspection for health and to show you were self-supporting. (Those that weren’t were sent back.) There’s actually quite a bit of documentation available from the late 19th and early 20th centuries about immigration, thanks to an interest in genealogy, digitization, and sites like ancestry.com. I’ve seen the naturalization papers for both my grandfathers that also show the ship they came on and entry information. I love it when people make comments like yours without knowing anything about the subject.

    • Ali

      March 1, 2012 at 9:16 am

      By the way, ila, if my grandfather had been an embezzler or a bank robber, would you have said it was OK for me to do the same? Then why is it any different in regard to our immigration laws? I’m holding this young woman and her family to the same standard that mine were held to.

    • Shawn

      March 1, 2012 at 4:30 pm

      Ila, we don’t live in the past. Can you tell me what the immigration laws were at the founding of this country? We live in 2012. There are laws on the books for immigration. If you don’t follow them, there are consequences. If I speed and get caught, I get a ticket. If I were to steal, I would have to pay a fine and possibly face jail time. Why should she and other illegal immigrants get special treatment?

  19. Ali

    March 1, 2012 at 6:18 am

    For the record, chances are this young woman’s parents did not come here legally in the first place, else she would have been included in their green card and naturalization petitions. Nor is it likely that they had citizenship at the time she came here at age 15 because they could have brought her legally with no wait. It’s very likely that she did not “age out” because there is a law in place to prevent just that IF a petition had been filed for her when she was a minor.

  20. Diego

    March 1, 2012 at 5:07 am

    @ali so in your opinion its better off to deport her and put her life and safety at risk at some detention center. Smh, you are truly heartless. I feel sad foe people like you.

    • Ali

      March 1, 2012 at 5:50 am

      I feel sad for people like you, who figure that others of their ethnicity are above having to follow the laws of this country, even when it puts them in bad situations. Her parents had ways to bring her here legally, but chose not to use them. THEY put her in this situation, not U.S. laws and not ICE.

      As for the detention center, well, it’s a darn shame that so many illegal aliens simply can’t be trusted to leave when ordered to do so that we have to put them in detention centers. However, there are more than 600,000 illegal alien fugitives who have been ordered deported and simply didn’t go.

  21. Ali

    March 1, 2012 at 5:01 am

    This young woman’s parents are citizens yet she’s not? Not even a legal resident? How did THAT happen? Fact is, they had ways to bring her here legally and chose not to. No Dream Act needed. They should just have followed the laws.

    • Khan

      March 2, 2012 at 12:34 am

      If she gotta a DUI make her pay the fine but I DISAGREE with the deportation because Cindy might be creating jobs for me, you, all, and Ali’s kids in the future in USA.