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Undocumented Journalist Jose Antonio Vargas Detained At The Border

Undocumented Journalist Jose Antonio Vargas Detained At The Border

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Old Jul 15th 2014, 3:33 pm
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Default Undocumented Journalist Jose Antonio Vargas Detained At The Border

I was following this story and was expecting them to give him a pass, will be interesting to see how this develops.

Undocumented Journalist Jose Antonio Vargas Detained At The Border
Pulitzer Prize-winning journalist Jose Antonio Vargas was arrested Tuesday after attempting to board a plane out of McAllen, Texas, according to United We Dream, an immigration advocacy group.

On July 10, Vargas, who is an undocumented immigrant, flew to the small border town with a camera crew from his own organization, Define American. Vargas, like many other immigration activists, was there to interview and film undocumented minors fleeing escalating violence in their home countries in Central America. But what Vargas didn't know is that in order to leave the border town, he would need to pass through an interior U.S. Border Patrol checkpoint set up within 45 miles of McAllen.

In an interview with The Huffington Post on Saturday, Vargas, a former HuffPost editor, said he intended to fly out of McAllen using his Philippines-issued passport.

On Tuesday morning, prior to reports of his arrest, Vargas alerted his Twitter followers that he would be attempting to pass through airport security.

"About to go thru security at McAllen Airport. I don't know what's going to happen. For updates follow @DefineAmerican & @MAC_UTPA," he said.

According to a United We Dream press release, Vargas was taken into custody by the Border Patrol in McAllen after attempting to board a flight to Los Angeles. The Border Patrol maintains a security presence at the McAllen-Miller International Airport.

A person who accompanied Vargas to the airport told HuffPost that Vargas handed his Philippines passport to a TSA agent, who asked if he was traveling with a visa. Vargas said he was not. According to the source, Vargas was then directed toward one of the 21,000 border patrol agents who have the border region on lockdown.

The agent asked Vargas two or three questions, placed him in handcuffs and escorted him to the McAllen border patrol station for more questioning, according to the source. The station is not a detention center.
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Old Jul 15th 2014, 5:30 pm
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Default Re: Undocumented Journalist Jose Antonio Vargas Detained At The Border

The BBC article is more illuminating, in that it says that United We Dream is an "Immigrant activist group... founded by Mr Vargas. I'm not sure how true that is, though. It seems Vargas founded a group called "Define American".

So, I was wondering how he managed to get those jobs when undocumented, and found the New York Times article, here: http://www.nytimes.com/2011/06/26/ma...anted=all&_r=0

He has a fake passport and fake green card, and a drivers license that would be legal except it was obtained fraudulently using those fake documents. He has also claimed to be a citizen multiple times.
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Old Jul 15th 2014, 5:44 pm
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Default Re: Undocumented Journalist Jose Antonio Vargas Detained At The Border

I am just interested to see what the Administration do, I can see this one going all the way to the top.
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Old Jul 15th 2014, 5:54 pm
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Default Re: Undocumented Journalist Jose Antonio Vargas Detained At The Border

Originally Posted by Boiler
I was following this story and was expecting them to give him a pass, will be interesting to see how this develops.

Undocumented Journalist Jose Antonio Vargas Detained At The Border
Pulitzer Prize-winning journalist Jose Antonio Vargas was arrested Tuesday after attempting to board a plane out of McAllen, Texas, according to United We Dream, an immigration advocacy group.

On July 10, Vargas, who is an undocumented immigrant, flew to the small border town with a camera crew from his own organization, Define American. Vargas, like many other immigration activists, was there to interview and film undocumented minors fleeing escalating violence in their home countries in Central America. But what Vargas didn't know is that in order to leave the border town, he would need to pass through an interior U.S. Border Patrol checkpoint set up within 45 miles of McAllen.

In an interview with The Huffington Post on Saturday, Vargas, a former HuffPost editor, said he intended to fly out of McAllen using his Philippines-issued passport.

On Tuesday morning, prior to reports of his arrest, Vargas alerted his Twitter followers that he would be attempting to pass through airport security.

"About to go thru security at McAllen Airport. I don't know what's going to happen. For updates follow @DefineAmerican & @MAC_UTPA," he said.

According to a United We Dream press release, Vargas was taken into custody by the Border Patrol in McAllen after attempting to board a flight to Los Angeles. The Border Patrol maintains a security presence at the McAllen-Miller International Airport.

A person who accompanied Vargas to the airport told HuffPost that Vargas handed his Philippines passport to a TSA agent, who asked if he was traveling with a visa. Vargas said he was not. According to the source, Vargas was then directed toward one of the 21,000 border patrol agents who have the border region on lockdown.

The agent asked Vargas two or three questions, placed him in handcuffs and escorted him to the McAllen border patrol station for more questioning, according to the source. The station is not a detention center.
I've been following his story since it broke. He was brought up in Mountain View, which is where I live, so often writes for the local paper...

He came here at the same age as my daughter is now, and it's easy to understand the choices he made (although harder to understand his grandparents choices.) Although he knew at the age of 16 that he was here illegally, his life was here, and I'm sure at that age he didn't understand the ramifications of his actions.

He's clearly an intelligent, hard working man, who through no real fault of his own is caught up in immigration hell. I think his fight is rather admirable, I hope he succeeds in becoming legal.
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Old Jul 15th 2014, 5:56 pm
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Default Re: Undocumented Journalist Jose Antonio Vargas Detained At The Border

He has it seems a life time non waiverable ban for false claim to US Citizenship.

Last edited by scrubbedexpat099; Jul 15th 2014 at 6:22 pm.
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Old Jul 15th 2014, 6:18 pm
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Default Re: Undocumented Journalist Jose Antonio Vargas Detained At The Border

Originally Posted by Boiler
He has it seems a life time non waiverable band for false claim to US Citizenship.
Yes, this seems to be the sticking point.

Would this still be the case if he married?
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Old Jul 15th 2014, 6:22 pm
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Default Re: Undocumented Journalist Jose Antonio Vargas Detained At The Border

Still non waiverable, US takes a hard line on false claim to Citizenship.

Could he have got away with it, probably. But he seems to enjoy being the focus of attention.
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Old Jul 15th 2014, 6:35 pm
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Default Re: Undocumented Journalist Jose Antonio Vargas Detained At The Border

Originally Posted by Boiler
Still non waiverable, US takes a hard line on false claim to Citizenship.

Could he have got away with it, probably. But he seems to enjoy being the focus of attention.
According to http://www.state.gov/documents/organization/87011.pdf

9 FAM 40.63 N4.3 Misrepresentation Must Have Been
Before U.S. Official
(CT:VISA-998; 08-26-2008)
For a misrepresentation to fall within the purview of INA 212(a)(6)(C)(i), it must
have been practiced on an official of the U.S. Government, generally speaking, a
consular officer or a Department of Homeland Security (DHS) officer.



... So it says in the story that he said he had no visa (true) - so technically he is telling the truth there.

Looks like he may have some wiggle room possibly unless I am misinterpreting the guidelines?
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Old Jul 15th 2014, 6:40 pm
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Default Re: Undocumented Journalist Jose Antonio Vargas Detained At The Border

With an I 9, a Government form, the only wiggle I know if is if he was under 18 or it was when they had the US Native wording.

If he had kept his mouth shut then it probably would never have been noticed.
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Old Jul 15th 2014, 7:23 pm
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Default Re: Undocumented Journalist Jose Antonio Vargas Detained At The Border

Originally Posted by N1cky
Yes, this seems to be the sticking point.

Would this still be the case if he married?
Yes. Marriage cannot overcome a false claim to US citizenship. There is no waiver available. That 'claim' must be shown to be will-full though. Was his claim will-full?
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Old Jul 15th 2014, 7:25 pm
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Default Re: Undocumented Journalist Jose Antonio Vargas Detained At The Border

Judging by his own words, yes.
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Old Jul 15th 2014, 7:32 pm
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Default Re: Undocumented Journalist Jose Antonio Vargas Detained At The Border

Originally Posted by hungryhorace
Yes. Marriage cannot overcome a false claim to US citizenship. There is no waiver available. That 'claim' must be shown to be will-full though. Was his claim will-full?
I remember reading at the time that he said it was a will-full claim. I also remember reading that his options before it came out he was undocumented were limited, as he couldn't get a GC through marriage, as he was gay. Obviously that would be irrelevant now. That's why I wondered if it was waived if AOS through marriage.
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Old Jul 15th 2014, 7:34 pm
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Default Re: Undocumented Journalist Jose Antonio Vargas Detained At The Border

Originally Posted by N1cky
I remember reading at the time that he said it was a will-full claim. I also remember reading that his options before it came out he was undocumented were limited, as he couldn't get a GC through marriage, as he was gay. Obviously that would be irrelevant now. That's why I wondered if it was waived if AOS through marriage.
Interesting, I wasn't aware about his (now) potential ability to adjust status via marriage. Anyone know when he is alleged to have made his claim to US citizenship? If he could over come that, he could marry his same sex partner and adjust status accordingly.

(Working on the assumption his partner is a US citizen!)
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Old Jul 15th 2014, 7:36 pm
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Default Re: Undocumented Journalist Jose Antonio Vargas Detained At The Border

Originally Posted by hungryhorace
Interesting, I wasn't aware about his (now) potential ability to adjust status via marriage. Anyone know when he is alleged to have made his claim to US citizenship? If he could over come that, he could marry his same sex partner and adjust status accordingly.

(Working on the assumption his partner is a US citizen!)
I believe he made the claim on more than one occasion. University application and driving license come to mind.
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Old Jul 15th 2014, 7:36 pm
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Default Re: Undocumented Journalist Jose Antonio Vargas Detained At The Border

He was smuggled in, most likely on a US passport, that would now be 'forgiven'.

If he leaves he has a 10 year ban, plus a deportation, both are waiverable.

As he was it seems inspected he could adjust in country, not sure he would need an in country waiver for the fraudulent entry.

The Citizenship claims seem the biggest issue, and his need to find a US Boyfriend to marry.
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