INS Discrimination Against Mexicans

The State Department last month issued an advisory opinion which states that for purposes of 212(a)(9) bars, Canadians “who entered with inspection but were not issued an I-94 should be treated the same as an F-1 or J-1 in duration of status. Such an individual would not be considered to have accrued unlawful presence unless and until a violation is found by an immigration judge or INS officer in the course of adjudicating a benefit.”

On the other side of the coin, for example, a person from Mexico or any other country who enters legally but overstays does accrue unlawful presence and can be barred from reentry for either a three- or 10-year period. Thus, people from Mexico and other countries receive harsh treatment whereas Canadians do not.

Why does the State Department discriminate on the basis of nationality? Are Canadians better than other nationalities? Is the United States now practicing apartheid, favoring a certain people over others? Can our congressmen justify these legal opinions and laws?

Recently, I witnessed three Mexican women who were picked up by the Border Patrol while they were standing in the private parking lot at a grocery store. Do they pick up other nationalities in this manner? No, they don’t.

ROGELIO QUESADA

Immigration Attorney

San Diego