Angel Armendariz-Galindo was in junior high school, thinking about getting his driver’s license, when he first realized his family lived in the shadows.
Angel, and many of his friends who grew up with him in Great Bend, didn’t think of themselves as citizens of Mexico, without legal documentation to live in the United States. He and his family came to this country legally when he was 10 months old, they stayed too long and their passports expired. The family was able to work in Great Bend, pay taxes and send their children to school.
But, as Armendariz-Galindo learned when other boys started making plans to attend driver education, his situation was different. He couldn’t get a Social Security number, and he couldn’t get a driver’s license.
"That didn’t seem fair," he said. So he wound up driving, anyway. His parents expected him to take them to their work at the meat packing plant, and to drive his younger sister to school.
After graduating from Great Bend High School in 2006, Armendariz-Galindo was offered art and soccer scholarships. He thought about attending college, but went to work instead.
Now 23 years old and married with two children, Armendariz-Galindo makes $16 an hour as a machinist, and he just received a promotion. He’s buying a house on a two-acre lot in Heizer, and some would say he’s living the American Dream. But for nearly four years – ever since he was arrested on a misdemeanor charge for driving without a license – he’s faced the possibility of being deported to Mexico.
Immigration and Customs Enforcement (ICE) put a detainer on him in 2008. His case, like other immigration disputes, was considered a civil proceeding, so there was no automatic right to legal counsel. He was taken to Wichita, where he was released without bond, but only after ICE started removal proceedings.
"I’m a U.S. citizen in my eyes," Armendariz-Galindo said. "I know nothing about Mexico. To me, I’m from here."
Two years ago, a friend who was making $13 an hour here moved back to Mexico and found a job paying $3 a day, for 10-13 hour workdays. Armedariz-Galindo says he understands why troublemakers should face deportation, but he wants to work.
GBHS Tim Friess remembers Armendariz-Galindo as a hard worker. In a letter of support of his case, Friess notes that the former GBHS student also got involved in extracurricular activities such as soccer and the Folklorico dance club.
Great Bend attorney Robert Feldt is representing Armendariz-Galindo, whose next court hearing is set for this Thursday in Kansas City. All of the proceedings have been in Kansas City, Armendariz-Galindo said, and he has to pay someone to drive him there.
The case boils down to whether the deputy chief counsel will continue to pursue Armendariz-Galindo’s removal, or let it go to pursue cases of higher priority.
"Under the existing immigration law, he is not eligible to become a citizen," Feldt said. "He’s one of many."
The DREAM Act, (the acronym stands for Development, Relief and Education for Alien Minors) has existed as a legislative proposal for years but was narrowly defeated this year. It would have helped people in this situation — continuous U.S. residents of good moral character, no serious criminal convictions and willing to work, go to school or serve in the military.
"You can call him a lifelong resident of Great Bend, don’t you think?" Feldt said. "Every day he went to school, said the pledge of allegiance, graduated from high school ... then he hit a brick wall."
On June 17, U.S. Immigration and Customs Enforcement Director John Morton issued a memorandum for all field office directors, special agents in charge and chief counsel, that seemed to maintain the spirit of the DREAM Act. Just as a district attorney may choose not to pursue a criminal case, the deputy chief counsel who is bringing Angel’s removal proceedings to court may use prosecutorial discretion. Morton’s memorandum outlines the classes of individuals who warrant this consideration, although there are no guarantees.
Individuals present in the United States since childhood should be considered, the memorandum states. Armendariz-Galindo meets several items on the list, having graduated from a U.S. high school, and having ties and contributions to the community.
"It raised so much hope when Morton issued this," Feldt said. "People want to live and work here. ... They pay taxes. It makes good economic sense."
Some would argue that Feldt is talking about amnesty, but he calls that argument a red herring.
"We’re dealing with a situation that exists now, and it needs a solution," he said. "It’s not just Angel’s problem. Many people have lived here 10 years or longer. (They) are as American as anyone."