Illegal Peruvians seek protected status

Tuesday, September 18, 2007
http://www.northjersey.com/page.php?qst ... VFRXl5Mw==
By ELIZABETH LLORENTE
STAFF WRITER

Roughly 30,000 illegal Peruvian immigrants in the state -- many of them in North Jersey -- could avoid deportation if a post-earthquake lobbying effort succeeds.

The Peruvian government is pressing U.S. officials to grant a special legal status to its undocumented nationals, a month after an earthquake devastated regions of the country.


Leaders of the South American community in North Jersey, home to the largest Peruvian population in the country, say that they are seeking temporary protected status, because Peru can ill afford to absorb the estimated 200,000 Peruvian immigrants living illegally in the United States.

The Immigration Act of 1990 allowed temporary protection for foreign nationals deemed unable to return safely to their home country because of a natural disaster, civil strife or other extraordinary -- but temporary -- situation. Those who receive such protection usually may obtain a permit to work in the United States, and are spared deportation concerns while it remains in effect.

"The earthquake left more than 500 people dead, more than 1,000 injured and tens of thousands of people homeless," said Norberto Curitomai, a Paterson businessman who is director of the Peruvian American Political Action Committee. "Even though it happened in one part of Peru, the whole is affected, directly or indirectly. If Peruvians are deported, where would they go, and how would they survive?"

Curitomai and others argue that granting their community's illegal immigrants permission to work would benefit both the United States and Peru.

"They'd have the opportunity to work here legally, pay taxes, benefit the U.S. economy," Curitomai said, "and also take their earnings and send money back to their relatives and others in Peru so that the economy can begin to recover, and the country can rebuild and recuperate."

About 321,000 people from seven countries currently have temporary protection. Salvadorans, who became eligible for it in 2001, have the largest number -- 234,268 immigrants -- registered, according to U.S. Department of Homeland Security, the agency empowered to designate a country for the program, as well as to extend or terminate the designation.

If Peruvians gain temporary protection, they would be one of the largest groups of beneficiaries in the history of the program.

And New Jersey would be the state most impacted, given that it would get thousands of new immigrants suddenly able to legally work here, as well as pay taxes.

"We are hoping this will be granted," said Jose Antonio Garcia Torres, the consul general of Peru in Paterson. "The year 2007 was a cruel one for Peru. We had terrible flooding and extreme cold that threatened lives and even killed many children and elderly. Then this, the earthquake."

On a recent afternoon at La Tia Delia Restaurant, a popular Peruvian social hub in Paterson, patrons said they hope temporary protection is granted.

"There are many Peruvians here working already, but they're exploited and they're working with phony names and bogus Social Security numbers," said Alicia Menchon, who lives in Butler. "Wouldn't it be better for everyone if they could do all that aboveboard, if they could come forward and we'd have their real identity, and they could also make better salaries and help Peru?"

Percy Tamayo thinks so.

The Palisades Park businessman is organizing a lobbying trip to Washington, D.C.

"Peruvians are a hardworking community; they feel a tremendous sense of gratitude and loyalty to the United States. We stand with the United States; Peru is a true friend of Americans. Now, we are asking for help and understanding."

But the Federation for American Immigration Reform, one of the country's leading groups in favor of conservative immigration policies, has argued that temporary protected status should be abolished, or granted on a case-by-case basis.

And Ron Bass, head of the Linden-based United Patriots of America, called the program "a Ponzi game for green cards."

"If there's an earthquake in their country," he said, "Peruvians should do what Americans did on 9/11 -- stay in their country and help out. Why should we legalize illegal activity? And really, who's going to come after them and deport them when TPS is up?"

Garcia Torres, the consul general, countered that "TPS is not legalization; it's a temporary humanitarian remedy that could be given for six to 18 months, depending on the recovery pace and effectiveness in the affected country."

Many countries, such as Lebanon, Kosovo and Kuwait, have seen their temporary protected designation end after about two years.

E-mail: llorente@northjersey.com

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Who is eligible?

A person from a country designated for temporary protected status is eligible to apply if he or she:

• Establishes continuous physical presence and continuous residence in the United States

• Applies for the designation in a timely fashion

• Proves that he or she is a national of the designated country

• Has not been convicted of any felony or two or more misdemeanors committed in the United States

• Has not been deemed inadmissible because of any of several criminal-related or terrorism-related grounds that preclude admission into the United States

Source: U.S. Department of Homeland Security

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Fast facts

The following countries have temporary protected status designation. Most have received several extensions.

Country Received designation Current deadline

Burundi November 1997 November 2007

El Salvador March 2001 March 2009

Honduras January 1999 January 2009

Liberia August 2004 October 2007

Nicaragua January 1999 January 2009

Somalia September 1991 March 2008

Sudan November 1997 November 2008

Source: U.S. Department of Homeland Security