Latest / Here's to You / 050 - Building bridges in immigration w/ Sarah Balderas pt. 1
Transcript
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- 1:14Cheers. And welcome back to another
- 1:18episode of Here's to You, the Podcast podcast podcast, the
- 1:23podcast where we bring cool people to share their cool
- 1:26stories with you. Sitting next to me, as always,
- 1:29is the wonderful blue haired Fanister McAllister.
- 1:34Yes, hello everyone. We're so excited because today
- 1:38we are going to have oh, I see what you're talking about and
- 1:41the finally came through. I see what you're saying.
- 1:45I was wondering and also what you're talking about.
- 1:48That's because we always start with music first.
- 1:50Love it. Yes.
- 1:52Yeah, hey, that was kind of cool though.
- 1:54We. Had the lagging connection and I
- 1:55totally even forgot that I hit play on that and there it goes.
- 2:02That worked out very well. It did, It did.
- 2:05It did. Hey, we switched spots today.
- 2:09Yeah, maybe a little bit. Oh, man, I love it.
- 2:14I love it, though, because we have a really special guest with
- 2:19us today. She puts her heart into
- 2:22everything that she does. She's a partner at a firm, yes.
- 2:26But she's also spent a lot of years advocating for, you know,
- 2:32for some really tough moments in people's lives.
- 2:35But she sets herself apart because she brings a lot of
- 2:38compassion into a system that's often cold and confusing and
- 2:42overwhelming. Sarah is here with us today.
- 2:46She's, she's not just an immigration lawyer, but she's
- 2:49also someone who likes to read. She's also someone who likes to
- 2:52look outside the window and see, like, when can I go out and
- 2:54play? And she really focuses on
- 2:59working hard, but playing hard as well, so.
- 3:02Hell yeah, I like. That nice?
- 3:05Yeah, it was off the cuff on something.
- 3:07On something. Some things I did write down.
- 3:09That was great. Yeah, yeah.
- 3:11But you've also done a lot more, you know, like, I think, like,
- 3:13for us, we do try to. It's really important to us that
- 3:17we showcase the whole human and not just, like, a title or a
- 3:21fancy thing. I mean, but you have done a lot.
- 3:23I mean, you're an educator. You're a public speaker.
- 3:26You're a Latina leader. You're a daughter of immigrants
- 3:29as well, a golfer. And we know you like to golf,
- 3:31but apparently you do. I see all of your workout
- 3:33videos, too. You're also doing a podcast as
- 3:39well. You're on radio shows.
- 3:41Yeah. I mean like Home Girl really is
- 3:43everywhere. I am, I am.
- 3:46I love it. I love it, though I like to stay
- 3:48busy. Yeah, yeah.
- 3:49So kind of let's just kind of start a little bit about like I
- 3:54want to, I want to understand maybe like why do you do the
- 4:00work that you do? Like maybe tell us about a
- 4:02client's story or a misconception that you've heard
- 4:05or like what kind of got you into this?
- 4:07So I grew up here in Wichita. I grew up a Catholic kid.
- 4:11So in Catholic school, we are taught to volunteer.
- 4:16It's always an expectation to volunteer.
- 4:19And I fear, feel like that's where I got my advocating, you
- 4:23know, skills from. That's where I got my, my
- 4:26lifestyle of kind of going out of my way for other people.
- 4:30And it 'cause it was an expectation you, you did not not
- 4:33volunteer. And you did that since.
- 4:35Since I was in grade school. OK, OK.
- 4:37So you were a Catholic school since?
- 4:39Grade school my whole life, yeah.
- 4:40So when I got to Bishop Carroll, it was expected to get this many
- 4:44volunteer hours every year and it just essentially was
- 4:48instilled in my life. So I'm constantly seeking out
- 4:51opportunities to help people. And that's why I'm so busy.
- 4:55That's why I'm on so many boards.
- 4:57That's why I'm doing so many things.
- 4:58It's just because I'm always looking for the next opportunity
- 5:00to help someone. And, and that was all the way
- 5:04through Newman. When I was out in college, I got
- 5:06a scholarship because of my volunteering.
- 5:09So it was even more volunteer work that I was supposed to be
- 5:12doing in order to keep my scholarship.
- 5:14And then when I went to law school, I didn't have to
- 5:17volunteer anymore. It wasn't an expectation, but I
- 5:19still did it anyway. And so that's just carried on
- 5:21because. It came, it became a part of
- 5:23you. It wasn't really like an maybe
- 5:24it started as an expectation, but then eventually it was like,
- 5:27this is just kind of how I live my life.
- 5:29Exactly. Yep.
- 5:30Yeah. And so how do you balance the
- 5:34'cause it's not a savior complex, but it started it,
- 5:37right. You know, like in in some way,
- 5:39maybe it started that way because of the expectation that
- 5:41it held. You know, how do you balance
- 5:44that? And then how do you also balance
- 5:46to where you don't burn out or get even like empathy fatigue?
- 5:49Yeah, and I understand that savior complex because I
- 5:51actually see it in my job a lot. I have, you know, older white,
- 5:59you know, men and women who are retired and they, and they want
- 6:03to help someone. I, I have AI have a housekeeper
- 6:06who I really want to keep in the US.
- 6:08And, and they kind of get into a, a savior complex where I have
- 6:12to kind of tell them to stand back a little bit and let the
- 6:15person who needs the assistance to do it themselves.
- 6:18In a way. I don't really care where the
- 6:21money's coming from, but you know, I kind of have to keep
- 6:23that client confidentiality between me and my client and not
- 6:29with the people who are paying the bill.
- 6:31So that's kind of what I see as far as as the savior complex.
- 6:34But for me, it's just I've, I've come from very a very great
- 6:40household. My dad has done very well for
- 6:42himself. I have never struggled
- 6:44whatsoever in my life. And so I've always just been
- 6:48taught, you know, OK, I'm in a great position in my life.
- 6:51Let's give back. Like let's give opportunities to
- 6:54people who didn't have what I have.
- 6:56That's kind of how I see it, is to be someone who I can and help
- 7:00because I had a great upbringing and maybe they didn't.
- 7:03How can I help them? Yeah, yeah.
- 7:05And your parents were also are are also immigrants, right?
- 7:08My dad, my dad's from Mexico and my mom's from here.
- 7:11OK, OK. Are they like first Gen. or
- 7:14like? My dad of my my grandpa, my
- 7:18Abuelo came from to the United States from Mexico, then brought
- 7:22the rest of my family over my dad and his siblings.
- 7:25And so, but my dad is actually first generation college
- 7:29educated. And then so he got the
- 7:31opportunity to go to Newman University on a scholarship and
- 7:34then did very well for himself after that in business.
- 7:38And then so I was actually second generation college
- 7:40student in my family. So it's pretty cool.
- 7:42Yeah, yeah. And you were saying earlier, you
- 7:44have two older siblings, right? Yeah, sister and a brother,
- 7:47yeah. And you guys have pretty big
- 7:49age? Yeah, pretty big age, age gap.
- 7:51So my sister was pregnant with my nephew when I, my mom was
- 7:58pregnant with me. So we're actually the same age.
- 8:00Yeah, we're the same age, Yeah. So is, so is your.
- 8:03Are you and your nephew really close?
- 8:05Because of that, yeah, we grew up like siblings.
- 8:07Yeah, yeah, yeah, yeah, Yeah. Oh, that's funny.
- 8:10Yeah, it's pretty cool. So I'm curious though, like or
- 8:13no, I'm awake. So OK.
- 8:18So what draws you specifically to immigration, I imagine is
- 8:22probably because. Of of our upbringing and our
- 8:25family's history, of course, but.
- 8:28Tell me a little bit about that. So, yeah, so my whole family
- 8:31migrated here from Mexico and then.
- 8:33But actually it's my cousin, the other attorney who I work with,
- 8:36Angie Beldaris, who was doing immigration before I did.
- 8:40She's been doing it 10 years longer than I've been doing
- 8:43immigration. So she's actually the OG in the
- 8:47immigration world. But if we're talking
- 8:49reputations. And I started watching her do
- 8:53her job and I was like, oh, I want to do this.
- 8:56I love what she does. I got to see her lifestyle at
- 8:59the office, outside the office. The entire aspect of helping
- 9:04other people and also being able to make a living for yourself is
- 9:07just amazing. And so I watched her do her
- 9:10thing. And then when I went to law
- 9:12school, I wasn't for sure that I was going to do immigration.
- 9:15But by the time I took the class, did the internships, and
- 9:19I was ready to graduate, I I knew that that's what I was
- 9:22going to do. So yeah.
- 9:24How so? How'd you get exposed to Angie
- 9:26though? There's a 10 year gap.
- 9:28Like how'd you get exposed to? Her So my cousin, my cousin
- 9:31Angie, she they're all older than She's our cousin.
- 9:34Yeah, I know you're good, you're good.
- 9:35She's but they're maybe. We didn't switch spots.
- 9:38Maybe I am the high one. I'm naturally high.
- 9:42I'm naturally a drunk person. Like I don't even need a drink.
- 9:45This is who I am. Same.
- 9:47I'm I don't need alcohol to have a good time, I can tell you
- 9:50that. But I like it but.
- 9:52The the high aspect I can't comment on no because I, my
- 9:57mouth gets really dry and I just don't like it.
- 10:00But I love the smell. I I love the smell.
- 10:04You love the smell. I love the smell, but I, but I
- 10:06can't smoke it because it just, it makes me my mouth really dry
- 10:11and that's super annoying. Yeah, so, but I'll just sit
- 10:13there and smell it from afar second hand.
- 10:17I love it. I love it.
- 10:18OK, so Andrew's your cousin and that's how you you see her doing
- 10:22this stuff. Is this ever, is there ever a
- 10:25time in your life where you're like, I don't really know what I
- 10:28want to do? Did you always know you wanted
- 10:29to be a lawyer? Like what?
- 10:31I originally wanted to be a teacher and a coach.
- 10:34I, I was the kid who had a school like in my basement, like
- 10:38I had a desk and I had other desks and all my friends would
- 10:41come over and we'd play school and I always wanted to be the
- 10:44teacher. And when I was going to college,
- 10:47I, I was taking, I was an English major.
- 10:50So I was still keeping the option open.
- 10:52And then I've been an athlete my entire life.
- 10:54So the coaching aspect was just going to go with teaching,
- 10:56obviously. OK.
- 10:57Yeah. Yeah.
- 10:58So when I finally got to my senior year of college, I had
- 11:03already taken the LSAT because I was, I was, you know, up in the
- 11:07air law school, teaching, master's, whatever.
- 11:10That's that's a lot though. Yeah, I mean, right.
- 11:13Because to to be able. So you just did it because you
- 11:16were up in the air, but you weren't sure.
- 11:18That's a lot of dedication to study for the LSAT.
- 11:21And then also think, am I going to go into masters for English
- 11:24and stuff? And I was in season, so I was a
- 11:25softball player. So I was.
- 11:26It was during season. We'd be driving to, like, El
- 11:29Paso and I'd be studying for the LSAT, Yeah.
- 11:32I mean, like I, I think like I just want, really want to
- 11:34highlight that. And because like you're saying
- 11:36this like, whatever, but it's not whatever.
- 11:39Yeah, like that's a lot of shit to carry.
- 11:41How old were you? Well, call it 21 night 20. 21
- 11:44that's that's a lot to. Carry Yeah, yeah, it was fun,
- 11:47though. It was fun.
- 11:47Everything. Everything I do is is is.
- 11:51If you have 0 trauma. Girl, that's a whole nother
- 11:55podcast if we want to talk about trauma, my dear you.
- 11:57Got some trauma? OK, good.
- 11:59Oh yeah, I feel. Better.
- 12:00I feel better. That's hilarious, yeah.
- 12:03No, I was about to be like how the.
- 12:05No, I everything. I mean, I'll tell people all the
- 12:08time, law school is the best three years of my life.
- 12:10What the fuck? Study.
- 12:11No, I know. No, that's exactly what that's
- 12:13what the kids in high school wanted to say when I was talking
- 12:15to high schoolers last week. They literally wanted to be
- 12:17like, what the fuck? And I was like, no, I'm serious.
- 12:20Best three years of my life. Loved it.
- 12:22Yeah. Law school.
- 12:23Three years. Yeah.
- 12:24It's not typically 3, is it? Yeah.
- 12:26Oh, OK, OK. I feel OK, maybe I should go
- 12:29into law. Imagine me in law guys.
- 12:31OK, sorry. I can imagine you being an
- 12:33attorney, yeah. Yeah, I always wanted to
- 12:35actually. Of course.
- 12:36I I was in debate four years in high school and that's when I
- 12:39get really nerdy and into policy and I like learn a lot of shit.
- 12:42And I'm like, Oh my God. So everything leads to war.
- 12:48Oh my God. No, but because like I did
- 12:51policy debates, so then like the cases where I mean, if you were
- 12:55negative, they were always like if you're, if you implement this
- 12:59new policy for transportation infrastructure, it's going to
- 13:03lead to a nuclear war and. You're like, what the like, how
- 13:05did we get there so fast? Yeah, like that.
- 13:08That's kind of crazy, don't you think?
- 13:09I did debate in high school too but I did not take it seriously.
- 13:12I did it one year my senior year and me and my partner went up
- 13:15there and completely bullshitted our entire argument and we were
- 13:19just there to get the credit and get by.
- 13:21So I was not AI, wasn't as much of A nerd as you were.
- 13:24Apparently, no, Dude, I was hella nerdy.
- 13:26Yeah, I mean, but also, like, I couldn't do sports.
- 13:29Yeah. I couldn't do any
- 13:30extracurricular activities because my mom, she drove, but
- 13:35she didn't have papers, so we'd never really risked her driving.
- 13:40Yeah, you know, And then, like my dad, he was the one who
- 13:43worked all the time. And so it was really hard
- 13:47because he is very, he's very ambitious in the sense of like,
- 13:51he just always has a lot of shit going on.
- 13:53That's typical Dad, man, Typical.
- 13:55And you got, you're Mexican as well, right?
- 13:56Yeah. Typical Mexican dad.
- 13:58They work from sun up to sundown and you're like, do you ever sit
- 14:01down? Do you ever take a break?
- 14:03No, I mean, we did always have. And then I think like, so we,
- 14:06they always did push into us that like, this is really
- 14:11important, that you use your voice here in the US because
- 14:13like here it's corrupt as well. But they're really good about
- 14:17hiding shit. Yeah, it's because it's corrupt.
- 14:20But they don't care that it's obvious.
- 14:22Yeah, they don't care that. You know, yeah.
- 14:24Here you have an opportunity to make a change.
- 14:26So we would, like, grow up. Like, my dad was busy, but we
- 14:28always had family dinner. That's awesome together.
- 14:31And I mean, like, our conversations, we're about
- 14:34everything. But like, especially when, like,
- 14:36election year came around, like, we were talking about stuff.
- 14:39And immigration was a big issue for us, obviously, with my mom
- 14:42and my family. So I grew up around a lot of
- 14:45immigration lawyers because we tried to get her.
- 14:48Yeah, and I mean, we'll get into it, right?
- 14:50Because it's really complicated. It is so complicated to have it
- 14:54happen. But anyways, that's why I get
- 14:56really nerdy. And that's the only thing that I
- 14:59can really take serious as an extracurricular activity,
- 15:03because I couldn't do anything else.
- 15:05But I always wanted to. I always wanted to like try a
- 15:08sport or like do something, but I couldn't do anything.
- 15:11What was your sport? Yeah.
- 15:14I was AI played volleyball, basketball and softball my
- 15:18entire life. Played those three sports at
- 15:21Bishop Carroll. And then when I went to Newman,
- 15:23I played softball. I, I got bored because I was so
- 15:28used to playing two sports at one time.
- 15:30And so I went out I, I played volleyball and then I tore my
- 15:34ACL my first season playing volleyball at Newman.
- 15:37I was like, wow, that sucks. So I was like, all right, I'm
- 15:41just going to stay with. I'm just going to stay with
- 15:42softball. Less jumping.
- 15:44And then I tore my ACL again playing softball because.
- 15:49Like once you have done that, like it's susceptible to more.
- 15:52Yeah, yeah. So 2 ACL's later, I was like,
- 15:54all right, God, Sarah, focus on what really matters, which is
- 15:57not sports. It was, you know, obviously my
- 16:00education after college, so it was a little wake up call for
- 16:03me. But I did have, yeah, I played
- 16:05softball at Newman. OK, gotcha.
- 16:08And so you're again, you're saying that like you're doing
- 16:11all these things at 21 and also you decide to go, what finally
- 16:18was the wake up call that made made you go I'm going to do.
- 16:21I just, I like specifically remember being in the living
- 16:24room with my dad because my dad's always been my, my mentor.
- 16:27He's always helping me make my decisions And well, this is what
- 16:30I would do. But if you want, if this is what
- 16:32you want to do, these are, you know, and so we, I remember
- 16:35being in the living room and he's like, all right, it's
- 16:36decision making time. What are you going to do?
- 16:39And I was like, I'm going to go to law school because looking
- 16:44back now, I don't know how I knew that In the past, I was
- 16:46like, maybe I could just do all three.
- 16:48And now I do all three. I teach, coach and practice law.
- 16:51So law school just opens up more doors for you in the future.
- 16:57If you have a law degree, you have more flexibility to do
- 16:59other stuff. So yeah.
- 17:02Do OK, I mean, like, I guess I'm asking, do you know a lot of
- 17:06lawyers who had their law degree but then decide not to use it?
- 17:09Oh, yeah. And there's a lot of practicing
- 17:12attorneys who no longer practice anymore, and they teach or they
- 17:15do policy work or they do advocating.
- 17:19They start nonprofits. There's just so much you can do
- 17:21with that beautiful with that beautiful law degree.
- 17:24It's very helpful. You're not being sarcastic when
- 17:27you. Say beautiful.
- 17:27Oh hell no, it's beautiful. It's just framed in my office.
- 17:30That shit's expensive. No.
- 17:33Can I? Ask how?
- 17:34How much was it? Man, I mean law school, I mean
- 17:39it's that, you know, some people are hundreds of thousands of
- 17:41dollars in debt from law school because they didn't have any
- 17:44help right with. Scholarships.
- 17:47Me, I'm a different story. And as I said, my dad was very
- 17:50well off and he was able to help me pay for everything.
- 17:54Oh, good. So I did not have any debt.
- 17:56Wow. Yeah.
- 17:57He, he, they definitely planned for my future.
- 18:01And as you know, I came later than my other siblings, so their
- 18:06lifestyle was a little different when they were raising me.
- 18:09And yeah, I'm lucky. I'm lucky as hell.
- 18:11And I think that's why I put so much work into what I do,
- 18:15because I know how lucky I am. You know, not a lot.
- 18:18No one has. Not a lot of people have what I
- 18:20had growing up. So yeah, I'm very aware.
- 18:24Yeah, yeah, yeah. No, seriously.
- 18:27Yeah. So on what?
- 18:33I don't remember what I was going to ask you about the law
- 18:35degree, but you eventually figure out that you want to go
- 18:39into immigration and you want to focus on that.
- 18:41Was there any other type of law that you were wanting to focus
- 18:44on? Originally, I wanted to be a
- 18:46public defender to, I really, I watched all the shows growing up
- 18:51and so I wanted to be a public defender like Law and Order and
- 18:54all those shows. And then I took immigration.
- 18:57I took the immigration class in law school, which is the one
- 18:59that I teach now, which is pretty cool.
- 19:02And my teacher, my professor, was the deputy chief counsel for
- 19:10ICE, for DHS, and she taught our class.
- 19:15What year was this? This was 2014, around there,
- 19:2120/14/20 No, yeah, no, that's when I was in college.
- 19:25This is around. Obama time which he is the one
- 19:27who has deported more more people.
- 19:29No, that was, well, no, you're I'm wrong.
- 19:31I'm wrong. You're right.
- 19:32So I was in law school in 20/20/15 to 2018.
- 19:37I'm thinking Newman days. So around 20/16/2017 is when I
- 19:41took immigration law, which was the first Trump administration.
- 19:48Yeah. Right.
- 19:48Yes, yes, I think so. So yeah, yeah.
- 19:51Because then the I. Remember that exact moment?
- 19:55Yeah, I can remember. Yeah.
- 19:56Because then the summer after, yeah, because Trump was elected
- 19:59president when I was in law school, and that summer after I
- 20:03took immigration laws when I did my internship at DHS.
- 20:07So that was under the first Trump administration.
- 20:10And I told you my family's liberal.
- 20:11So some people did not like that.
- 20:13Some people did not want me to do that, but I was like, no, I'm
- 20:17doing it. What made you?
- 20:18Yeah, what made you to just be like fuck it?
- 20:20I wanted to learn the other side because I, I had a feeling
- 20:23that's what I was going to end up doing was what Angie was
- 20:25doing. And I was like, I got to learn
- 20:27both sides. And then if it doesn't work out,
- 20:30you know, me working with my cousin in the future, which a
- 20:32lot of people are like, don't work with family, right?
- 20:35I thought about potentially working for the government.
- 20:37So I thought it was a great opportunity.
- 20:39Who, I mean, who turns down an opportunity to work for the US
- 20:42government? I mean, I think it was just
- 20:44something very prestigious and something that I wanted to do no
- 20:47matter who was president. But I wanted to learn the
- 20:50insurance and outs of what they do and what who the people I go
- 20:54up against now are all the people I used to work with,
- 20:57Yeah. Yeah, yeah, yeah.
- 20:59You were like an insider. I sure was.
- 21:02Yeah. I was an insider.
- 21:04You're. Playing chess, Everybody else is
- 21:06playing checkers. Exactly, exactly.
- 21:09I mean, I still have my notebooks.
- 21:10I have my notebooks in my office of all the notes that I took,
- 21:14what to do, what not to do in front of the judge, what to say,
- 21:17what not to say, how to go about doing this.
- 21:19So when I first started practicing in immigration court,
- 21:22I already knew the etiquette. I knew what the judges expected.
- 21:25I knew what DHS was gonna say cuz I used to work for him, you
- 21:28know so. Yeah, I used to work at a
- 21:31nonprofit and the leader of that nonprofit or the founder would
- 21:35always say I will partner with anyone to do good and I will
- 21:39partner with nobody to do evil. Yeah, that's a very good motto.
- 21:42You know, and so it's like even like someone who is really bad
- 21:47or has all this stuff, it's like, or I don't know what is,
- 21:51what is the definition of that right there?
- 21:53There is some right. Like, I guess like, I don't
- 21:55know, like there are things that are for sure.
- 21:58I'm like, hell no, yeah, I'm not working with you on nothing.
- 22:01Yeah. But then there are the system is
- 22:06so nuanced, so let's get into that.
- 22:08That's why you see my face everywhere is because I'm trying
- 22:11to educate the people on why we're in the situation that
- 22:14we're in right now. Yeah, it's so nuanced.
- 22:16OK, so like immigration one O 1. Tell us a little bit about, you
- 22:24know, we've talked about this. We talked about this at our
- 22:26meeting. Just, you know, I'm gonna just
- 22:29let you say what you what do we need to really know about
- 22:32immigration? That's like a myth that we grew
- 22:34up with that we need to understand that we didn't know.
- 22:37Yeah, so Long story short, our, our country's a mess right now
- 22:42with regarding immigration. And to understand why, you have
- 22:47to go back to why immigration laws were created.
- 22:52Immigration laws were created to exclude people from the United
- 22:56States, not to include. So they're very.
- 22:59Exclusive and say that louder. Immigration laws were created to
- 23:03exclude people from the United States, not to include them.
- 23:07And that's why they hate us. No, but no.
- 23:09But it's it's helpful to know. This, that's why we're in the
- 23:12situation that we're in. Yeah, yeah.
- 23:13Is because essentially the way I describe it when I do talks and
- 23:18crap all over the place. There's, if you're at the border
- 23:22and you're, and you're in Mexico and you're looking at the United
- 23:24States, there's, there's a certain number of doors that you
- 23:29can go through. And if you can go through that
- 23:32door, there's only a certain amount of people who can go
- 23:34through that door per year. So if none of those doors apply
- 23:40to you, you have no opportunity to come to the United States.
- 23:46So the problem that we're in right now is the immigration
- 23:51laws are so old that it's not, it's not, you know, we're not
- 23:56able to have more people apply for things.
- 24:01And I always give the example of parents of U.S. citizens, both
- 24:06parents entered illegally. They have AUS citizen child
- 24:09who's able to apply for them, but they're not eligible for
- 24:13Part 2, which is a waiver or a better done or a pardon.
- 24:17And so because they're not eligible for that, they will
- 24:21never be able to reside here lawfully.
- 24:26So it's just, it's, it's because of the way the immigration laws
- 24:29are and they're very exclusionary that when people
- 24:33say, why can't everybody just become U.S. citizens?
- 24:36Well, that's the reason why is because not everybody is
- 24:39eligible to even become a lawful permanent resident, which is
- 24:43Step 1 is a green card. If you don't have a green card,
- 24:47you can't become AUS citizen. So there's your answer.
- 24:51There's there's too many laws prohibiting people from becoming
- 24:54lawful permanent residents, people who are actually
- 24:56deserving of becoming lawful permanent residents that would
- 25:00love the opportunity to be here lawfully, but they'll never get
- 25:02that opportunity because of the way the laws are.
- 25:05And so like breakdown eligibility, I think like we
- 25:07hear a lot of people always say, well.
- 25:11Criminals. Yeah, yeah.
- 25:13Which is number one on the you know list.
- 25:15Yeah, and then also like, let's define criminal.
- 25:18Like just similarly when we were talking about bad defining that,
- 25:22right? Yeah, because people can be
- 25:23like, OK, you got pulled over because you were drunk driving,
- 25:26now you're a criminal. How many people do not drink?
- 25:28How many? I mean, we have a whole fucking
- 25:30podcast about making a signature drink for people like 1 bad just
- 25:35decision. Yeah, brands do really bad.
- 25:38So like let's break down what that what some of the
- 25:40eligibility means. So we call them inadmissibility
- 25:44and removability laws. And essentially the first one is
- 25:49crime related incidences. So crimes involving moral
- 25:54turpitude. You've done something so bad
- 25:56that the public is like, Oh my God, we can't have you stay here
- 26:01or we can't have you come to the US because of it.
- 26:05Aggravated felonies. If you've been of convicted and,
- 26:08and in the immigration world, you don't even have to be
- 26:10convicted. Sometimes simply being arrested
- 26:13is enough. So aggravated felonies, you are
- 26:18in the wrong place at the wrong time.
- 26:19You're, you make the wrong decision, you're with the wrong
- 26:21girl, you're with the wrong guy. And I have a client who was
- 26:24convicted of aggravated domestic battery.
- 26:28He's he's, he got deported because there's no forgiveness
- 26:32for aggravated felonies, stuff like that.
- 26:35Now one DUI that might make that might not make you removable
- 26:40from the country or it might not keep you from coming to the US,
- 26:43but certainly it's going to be a hurdle to stay here or to come.
- 26:47So it's very, very complicated. It is, yeah.
- 26:51I think in like, you know, for a lot of immigrants, whether
- 26:55you're first Gen. second Gen. or no, I mean, at this point it
- 26:58depends, right? Like it doesn't, doesn't matter
- 27:00whether you're first, second, whatever.
- 27:01Cuz it, it, a lot of it comes down to your legal status,
- 27:04right? So I think like people who have
- 27:09a background in that sometimes have that pressure to perform
- 27:14like, I cannot ever do anything, yeah.
- 27:16Or just yeah, because any anything I do could potentially
- 27:23make me lose something. Exactly.
- 27:25Yeah. I mean, going back to, you know,
- 27:27the those doors that I was talking about, why do you think
- 27:31so many people come to the United States unlawfully is
- 27:35because there's no door to enter through and that's their only
- 27:38option. But entering illegally is a
- 27:41crime. It's a federal crime.
- 27:43And there's no pardon for that. There, there is and there isn't.
- 27:47So that pardon, that waiver, that's the pardon, yeah, for the
- 27:50unlawful entry in the time that you've been here unlawfully.
- 27:53Well, I think that there I so my mom, she 'cause we had talked to
- 27:58Hella, like I grew up around it all the time, 'cause my dad was
- 28:01always trying to get her to, obviously.
- 28:03I mean, she wanted to everybody. We all wanted to.
- 28:06I mean, you want to be able to drive a car and not be afraid
- 28:08for your life. Yeah, basic safety stuff, you
- 28:13know, like you want to be able to like be in a community place
- 28:17and see a cop and not be afraid. Yeah, exactly.
- 28:21But she there was a point where she tried to cross and she well,
- 28:29you know, got caught and then that.
- 28:33And I feel like I can actually talk about a lot of this stuff
- 28:35now that she's passed because I'm like, she's safe, you know,
- 28:39like no one is ever going to take her away.
- 28:41I get it. But it's like, which my family
- 28:44would probably be mad at me, but I think it's like, hey, but
- 28:47she's safe, guys. She's she's not going to get
- 28:49taken from us. That's terrible.
- 28:51It is, it is. It's so sad.
- 28:53It is. But we she had crossed illegally
- 28:59and she got caught and then and I think it was with the legal
- 29:03papers and I think that's where you don't have pardon.
- 29:06It's in that moment. If you if you claim to be AUS
- 29:09citizen or you have someone else's documents, yes.
- 29:11It's also something that can keep you from from obtaining
- 29:15status. And I remember like, we did
- 29:17like, a lot. I remember just like growing up
- 29:20going always to different lawyers all the time.
- 29:23And then I think it was finally in middle school when, like, one
- 29:25lawyer tells us, like, OK, if you move any more of her stuff,
- 29:29like you are causing like, this magnifying glass on her and
- 29:35like, you need to stop moving things now.
- 29:38And the only time that I can actually help you is if she were
- 29:42to get caught, arrested, and then I can go and advocate for
- 29:47her at that moment. Of course there could be bad,
- 29:50there could be another result, but that's when I can go help.
- 29:54Isn't that terrible? It was the worst.
- 29:56Like, I remember, like, we went all the way to Albuquerque, NM,
- 29:59and we had like a really good, like we had found like a really
- 30:02good lawyer. And I remember like, oh, man,
- 30:05there were so many. Like we were in New Mexico and
- 30:07El Paso. I mean, we were everywhere.
- 30:08Like I remember just like, oh, like my dad always trying to
- 30:10find it. Yeah.
- 30:12And I remember that like, yeah, we were there.
- 30:14And when she told us that, I think like we were all just
- 30:17like, wow. Yeah, you know.
- 30:20Yeah, and that, that's literally what I'm talking about it.
- 30:23It's there's no way for everybody to apply for
- 30:26something. It I can help you.
- 30:29A lot of people will say, yeah, but I've been here for over 10
- 30:32years. I pay my taxes.
- 30:34I'm I've never gotten arrested. Cool.
- 30:37Doesn't matter. The only time I can help you
- 30:39could only be if you get detained so you'll see people
- 30:43walking into immigration. I would never tell someone to
- 30:45turn themselves into ICE just for me to get them status
- 30:48because you can't guarantee anything in the immigration
- 30:50world. You could have a textbook case.
- 30:52You could still get denied. So it's, it's just not, it's not
- 30:56something I would wish upon anyone.
- 30:58So if like if I was the attorney, I would say don't do
- 31:00not go turn yourself in just so I can represent you in removal
- 31:04proceedings and get you status. Like that's something that I
- 31:06would not wish upon anyone to be placed in removal proceedings
- 31:10just to get status. You know what I mean?
- 31:12But it every, the thing about it is every case is different.
- 31:17And so a lot of people will compare their cases to each
- 31:20other. And I'm, and I, I'm like, no,
- 31:22it's not how it is for this person.
- 31:24It could be like that for this person.
- 31:25It's very case by case basis. And and also it's just very,
- 31:30like you said, nuanced. It's very complicated and I
- 31:33can't, I can't get everybody status.
- 31:36It's just not possible. It's terrible.
- 31:39What so I think like you said something here, you said like,
- 31:42hey, this person pays taxes. Isn't that like a myth?
- 31:46I I feel. Like that's a good.
- 31:47One, I think I'm gonna get pissed off on this.
- 31:49Episode. That's a good one.
- 31:50That's a good one. That is a huge myth I'm about.
- 31:52To get pissed. Yeah, that's a huge myth that
- 31:55people come to the US and they don't pay taxes.
- 31:58That's not true. There's the US government
- 32:01provides a way for people with no legal status to pay taxes.
- 32:06It's called an I-10 number. ITIN individual taxpayer
- 32:10identification number in the US government says, hey, I know
- 32:13you're here unlawfully. That's cool.
- 32:16Go ahead and pay your taxes though, with this number,
- 32:18because I know you're bringing an income and and that's just,
- 32:20you know, but all my clients pay their taxes.
- 32:22Yeah, Uncle Sam just wants the money.
- 32:24Yeah, they don't give a fuck if you don't have status.
- 32:26Yeah, that's why they created the Individual Taxpayer
- 32:28Identification number, because they don't have Social Security
- 32:30numbers. Yeah.
- 32:31And then like, but they will detain you and they will deport
- 32:34you. Yeah, it's a.
- 32:36That's the new one. Cruel world.
- 32:37That's the new one. Yeah, yeah.
- 32:39So that's a good, that's a good myth, yeah.
- 32:41What are other myths? Immigrants are only coming here
- 32:46to get welfare, to take all the public benefits.
- 32:51They're not even eligible for it.
- 32:54So the only time that people in the United States who don't have
- 32:58status are using public benefits is for their U.S. citizen
- 33:02children. There's they're not.
- 33:06They're not doing anything to the system, to the welfare
- 33:08system. They they're not even eligible
- 33:10to apply. So that's another good one.
- 33:12Yeah, And then just the whole, like we said earlier, the whole
- 33:16why can't everyone just become U.S. citizens?
- 33:18They're so lazy. Why aren't they trying to get
- 33:20status? They're just entering illegally
- 33:23and doing whatever they want. And they don't.
- 33:24They're not trying, homie. You can't.
- 33:28There's nothing to apply for for certain people.
- 33:31There's nothing I can do for some people.
- 33:34And the only way that they're able to come here is unlawfully.
- 33:37Do you think they want to put their lives at risk and enter
- 33:41unlawfully and potentially die? Do you know how dangerous the
- 33:46border is? Yeah, crossing.
- 33:48Oh my God. It's insane.
- 33:50If you've ever read the book American Dirt, it's a very, very
- 33:53good representation of what happens at the border.
- 33:56And I hear it from my clients every day, what they went
- 33:59through to come to come to the United States.
- 34:00Do you think people want to do that shit?
- 34:03Do you think they want to swim through the Rio Grande hoping
- 34:05they're not going to get shot or raped or killed?
- 34:08Especially. Yeah, if they if there was
- 34:10another way, they would do it. But there's not another way,
- 34:14unless our immigration laws change.
- 34:16Yeah, I asked my mom once what it was like for her to cross.
- 34:20Oh Lord. And I remember like asking her
- 34:23and she just was. So she was just really strong
- 34:29person, like like I remember how to be.
- 34:32Yeah, I just remember asking her and she just like she she said
- 34:35it kind of like whatever, you know, she's telling me the story
- 34:39and I'm just like, and I don't want to get it wrong because
- 34:41like I think like I was just like just thinking about what
- 34:44she had to go through and I couldn't like fathom it that I I
- 34:47have blocked some of. It I'm sure it's very traumatic
- 34:51people don't. And then you have the Hispanic
- 34:53community not, not thinking that, you know, mental health,
- 34:57it's just a normal thing that mental health isn't a big deal.
- 35:01That's why I wondered my mom would go to therapy.
- 35:02Yeah. And then that's why she yelled
- 35:04at me to go to therapy instead. And I'm like, you're right.
- 35:06I'm gonna go. I'm gonna go figure.
- 35:07Out. See how she flipped that on you?
- 35:09Yeah, she flipped it on. She got you.
- 35:10She did. But then I flipped it on the
- 35:12rest of my family, my whole family goes to therapy.
- 35:14Oh. Good.
- 35:15That's amazing. That's fine.
- 35:16Yeah, but that's hilarious. Yeah.
- 35:19She was like, Nah, you need it. You need therapy.
- 35:21Yeah, yeah. And I'm like, honestly, I don't
- 35:23know how you have made it through life, through all these
- 35:26hardships and not cracked. Yet you got to do what you got
- 35:30to do. That's hilarious.
- 35:32Yeah, but yeah, no, I remember that.
- 35:34I asked her and she's telling me about like my older sister
- 35:38remembers more. I don't remember much.
- 35:40I just remember that when we had to come from because my siblings
- 35:45and I, we are citizens. So we did, you know, like my
- 35:49dad's over here at this time and he comes in pick, picks us up at
- 35:54the border, meets us at the border, and then we're waiting
- 35:56in Phoenix because that's where I have family to, to see some.
- 36:02Well, my mom crosses, you know, and it wasn't I I was like 5 at
- 36:07this time. We're about to be 5 S in my
- 36:09little kid brain. I remember it as it was a really
- 36:12long time. Yeah.
- 36:14Like it was a long time without my mom.
- 36:16Like I just remember like crying a lot.
- 36:18I just remember feeling like, why is she not with me?
- 36:22And because at this point, like my dad's over here working a
- 36:25lot. I mean, he come and he goes to
- 36:27Mexico all the time too, but he like is back and forth.
- 36:30Yeah. So I'm with my mom 24/7, right.
- 36:33And I just remember like in my little kid brain, like it felt
- 36:36like weeks and then my older sister's like, no, it was only
- 36:41like a handful of dates or not even that long.
- 36:43Like I don't even remember. She'll hear this and she'll be
- 36:46like you said that wrong. I was like my bad but.
- 36:50Trauma. Trauma, yeah.
- 36:51Yeah. Cuz I remember it as this.
- 36:53But anyways, when I had asked my mom about it and later on tell
- 36:56my sister, my older sister, she's like, I remember her
- 37:00having so many blisters on her feet and like wanting to help
- 37:03her. Yeah.
- 37:04And then thankfully one of my cousins came with my mom.
- 37:10He came illegally at that time, but they were.
- 37:15So she wasn't alone. Yeah, thankfully, thank God.
- 37:18But there were a lot of scary moments.
- 37:20Like she would, she was like, but then at the same time, like
- 37:23when she's telling me the story, she's like, but I had it easy.
- 37:26She's like compare. She's like comparably to other
- 37:28people. Like there I saw some really bad
- 37:30stuff and like, I had it easier. Yeah.
- 37:33You know, I wasn't alone in the sense of like, I did it cross by
- 37:36myself. But there were like other things
- 37:39that she's telling me about. Like, you know, obviously you're
- 37:41seeing snakes and you're almost going to like, you know,
- 37:43potentially die. Oh, my God, yes.
- 37:45What are you talking about? You think?
- 37:46People want to put themselves through that.
- 37:48No, they don't want to put themselves through it.
- 37:51Yeah, that's insane. Yeah, They get taken advantage
- 37:53of every day. I mean, the the price for Coyote
- 37:56right now, yeah, it's over 10K, over 20K.
- 37:59It's expensive, Yeah. Coyotes are expensive as I mean,
- 38:02and that's the side from Mexico. I mean, like, you're a different
- 38:05side. I mean, 'cause you guys, 'cause
- 38:10I, you know, I start to have more Asian friends and when I
- 38:13come here and then to Wichita and I didn't even know like you
- 38:17could do sponsorship. Oh yeah.
- 38:18So kind of explain that part too.
- 38:21It just depends. It depends on what you're
- 38:23eligible for. So if you're eligible for a
- 38:24temporary visa to come to the US, maybe through an employer,
- 38:28future employer, or you're coming here to do a specific
- 38:31thing, you can come here on a visa.
- 38:34And that's typically what countries on the other side of
- 38:38the world will do, because they don't have that direct access to
- 38:42the United States. So you got to have some sort of
- 38:44lawful way to enter the country or a lot of people during the
- 38:49when, when the United States left Afghanistan and the Taliban
- 38:53took over, a lot of Afghans were coming to the US, but they were
- 38:59flying to South America and they made their way up to the US,
- 39:04traveling by themselves all the way, and then crossed illegally
- 39:07from Mexico. So if you want to get here,
- 39:10you'll get here. Just depends on how and if what
- 39:13you're eligible for. So I would say a lot of my
- 39:16clients from the Asian countries are, you know, coming here on
- 39:19visas, fiance visas, tourist visas, employment visas, stuff
- 39:24like that. Yeah.
- 39:26Is there like an easier route or like does this kind of go back
- 39:30to the eligibility doors that you were saying, you know, like
- 39:32where it's like, like how, how could someone from a different
- 39:38country do a sponsorship like that?
- 39:40Or they can't, you know, 'cause I feel like, at least from my
- 39:44side, like I've never heard about sponsorships until like,
- 39:47you know what I mean, Emily and you guys.
- 39:48And then I'm like, what? Some countries are special, some
- 39:51countries are special. There's this thing called ESTA
- 39:54and I don't, I'm not very familiar with that, but they're
- 39:57just their visas to come to the US to visit maybe I'm not sure
- 40:01Esta's a thing and then. There's a diversity lottery, a
- 40:05visa, a visa lottery, and so if you're from certain countries,
- 40:08you can apply for the lottery to get a visa to come to the US,
- 40:12But I'm not really familiar with those.
- 40:14My clientele's mainly Mexico and Central America.
- 40:17Yeah. Gotcha.
- 40:18Yeah. So what has been like maybe a
- 40:24story that kind of stuck to you that made made you realize like,
- 40:27damn, it is not as easy as I read it in a textbook.
- 40:30Oh God. I think it's when people get
- 40:32detained and you have to tell them that there's nothing that I
- 40:35can do for them. Like that guy who had an
- 40:38aggravated felony, there's nothing I can do for him.
- 40:41He's not eligible for anything. And he's pissed because he
- 40:46didn't do anything. He was convicted of something
- 40:50that he didn't do. And I'm like, that's, that's the
- 40:54criminal side. And that's when your actions and
- 40:58or your non action can affect your criminal case.
- 41:03And you have attorneys, criminal attorneys who will plead to
- 41:06things and they're not familiar with the immigration system.
- 41:10And unfortunately a lot of people are screwed because
- 41:13they've they've either done something or didn't do
- 41:16something. They get convicted of something
- 41:18and then I can't help them. It's too late.
- 41:21So that's, that's probably a big thing that it's just, it just
- 41:24sucks when someone's detained and then I just have to say
- 41:26you're, you're going to get removed.
- 41:27There's nothing I can do. And it's happening a lot more
- 41:30lately because I, everybody's getting detained right now.
- 41:33It feels like unfortunately. So I we're get calls every
- 41:37single day of family from family members of people who have been
- 41:40detained. So that's probably the shitty
- 41:42part is when I can't do anything for someone who's detained.
- 41:46Yeah. How do you navigate that?
- 41:49Or like, 'cause you're also a very funny person.
- 41:52Thank you. Thank you.
- 41:54You know, like, I don't know about you, but I I laughed
- 41:56through the trauma. Oh, yeah, yeah.
- 41:58I mean, and I've, I've been doing this for 7-8 years now.
- 42:01So I'm, I'm pretty, I've, I've been able to learn how to handle
- 42:05it better. And I was actually telling this
- 42:07to a little, a high schooler who was asking me how I handle this.
- 42:10And I was like, I could literally have a client.
- 42:15I could lose a case. I could lose a case in
- 42:17immigration court. My clients, you know, obviously
- 42:20not happy and you know, I'm not happy, but I know that I did my
- 42:24best. An hour later, I could be at
- 42:27Newport with my family, drinking, having a good time.
- 42:31It sounds shitty, but that's life.
- 42:34Like I can't let I can't let something like that affect me
- 42:38into my evening and let it affect the rest of my family, my
- 42:41husband. And so you just learn how to
- 42:46tuck it away. As long as I know I did my best,
- 42:48of course, that's all I can do. Now, if I didn't do a good job
- 42:51and I know I didn't do a good job, then I'm going to kick
- 42:53myself because I should have done better.
- 42:55But if you've known you've done everything and it just didn't
- 42:58work out, then you just have to keep on moving because tomorrow
- 43:01you have another hearing with another client, you know so.
- 43:04And you can't let that trickle in there, too.
- 43:06Yeah, yeah, yeah. That's so it's a balance and
- 43:08I've learned over the years how to not let it affect me or let
- 43:12it affect me in the appropriate way.
- 43:13Yeah, for sure. Yeah.
- 43:16Let's cheers to that. No, I was wondering.
- 43:20We're gonna bust out the alcohol.
- 43:22Let's. Go, yeah, let's go, let's go.
- 43:24We got we got real deep and doesn't.
- 43:26Dusty didn't bring the clock so I could see God.
- 43:28Damn it, Dusty. Yeah.
- 43:30I know, so I didn't. I didn't even know how far we
- 43:33were in. I was like.
- 43:33Fuck me either. We could be here all day, man, I
- 43:35I could talk about this shit all day.
- 43:37We could. OK, let's break.
- 43:38Yay. And this is a for real break 2.