http://www.reason.com/0602/fe.jd.americas.shtml

February 2006


America’s Criminal Immigration Policy
How U.S. law punishes hard work and fractures families
Jesse James DeConto



In the wee hours of a Tuesday morning in December 2004, Buca’s daughters, 10-year-old Darby and 4-year-old Daisy, reached up from their bed, hugged their daddy, and went back to sleep. Outside their back window, the sun was still waiting to cross the distant cattle pastures that rise up from the far bank of the New River valley, far below their mountaintop home in Ashe County, North Carolina. Buca (whose surname I am omitting to protect his family’s identity) was among thousands of Mexican men flowing south from the Blue Ridge Mountains in the weeks before Christmas. The girls would not see him again until February.


Like a nativity set missing a figurine, this scene recurs almost every year. Five thousand of their very own Christmas trees grow around their home, right there next to the girls’ trampoline and swing set, yet the Mexican border, 1,500 miles away, manages to divide the family at Christmas time. To comply with federal law, Buca must return to his native Veracruz, in southern Mexico, and renew his H-2A temporary guest worker visa or risk losing it and drawing up to $10,000 in fines for his employer. Except for one year, when he decided he couldn’t afford it, Buca has made this trip every winter since December 2000. His wife, Amanda, remains in the North Carolina mountains illegally with their daughters, refusing to endure another dangerous border crossing on the return trip north.


At 35, Buca is a crew leader on a large commercial Christmas tree farm, helping his employers harvest more than 30,000 Fraser firs a year from an inventory of about half a million spread across three counties in North Carolina and southwest Virginia. The state of North Carolina exports about 5 million Fraser firs every year, or one out of every five Christmas trees sold in the United States. Buca’s family fragmentation is common: Permanent resident green cards, even for parents of American citizens such as Darby and Daisy, are scarce (just over 700,000 were handed out in fiscal year 2003), and H-2A agricultural visas are for individual farm workers, not their families.


Buca is technically a “nonimmigrant workerâ€