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by tomgruner 5350 days ago
This seems extremely harsh to me. And also stupid not to value this man's contribution to the U.S.

In 2004 I arrived in Spain as an American and found a programming job at the international division of a sizable U.S. company. But everything was under the table, and that company did not want to sponsor a visa for me. But even when I was illegal in Spain I still had access to better free health care than the uninsured do in the U.S.

Fast forward to 2008, I was still living in Spain and had done some great work for a unrelated startup that was purchased by a much larger U.S. company. I was still in Spain illegally, but this major U.S. company on finding out my status was willing to help me out in any way to become legal here.

Spain has something called "Social Normalization for Exceptional Circumstances" which means if you have been in the country for three years illegally and have a company sponsor you, they will give you a work visa. You also have to be integrated in the community and speak the local languages well. So in 2008, this major U.S. company paid a lawyer and helped me through that process, something that I am exceptionally grateful for. During the time I worked for this company, my work helped bring in millions of Euros of contracts to the international division of this company in Spain.

Now in 2011 I still live in Spain, have the freedom to change jobs or work for myself, and after 7 more years I could become a citizen here, on the condition that I am always working and living in Spain during those years. That means 15 years from illegal to full citizen. I doubt I will stay that long, and don't actually plan on becoming a Spanish citizen, but knowing that if I had a family here and have that option is amazing. Now I am happily working for a Spanish university research group, fully legal.

And I have to say, I think it is disgusting to take a man, and especially his son who has lived in the U.S. since the age of two and treat them like criminals when the father has been actively contributing to the U.S. economy in one of the areas that the U.S. excels at. To criminalize this contribution is to spit in the face of all those immigrants who became American and made America what it is today.

And it is also denying the basic human rights of this individual.This clearly violates Article 15 of the Universal Declaration of Human Rights:

Article 15.

    * (1) Everyone has the right to a nationality.
    * (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
I strongly believe that 20 years of crime free residence and contribution to a nation deserves citizenship, and if I choose to, that is what I would receive in Spain after starting here illegaly.

Edit: As noted in the comments below, actually this does not violate Article 15 at all. I still stick with my conclusion though.

3 comments

This clearly violates Article 15 of the Universal Declaration of Human Rights

No it doesn't, no-one in this story is being deprived of their nationality. In any case, the prohibition is on arbitrary deprivation, and a 15 year long court battle is not arbitrary.

You are right about that, I made a note on the post above. Thanks.
I agree with your conclusion, but the violation of article 15 is not perfectly clear: the tricky word in clause (2) is the adverb "arbitrarily" - I think it is generally taken to mean that, in the context of the article 15 being about statelessness, nations are obliged to offer a citizenship path to refugees, but otherwise are not obliged to offer a citizenship path to anyone else.

I got this impression from an article I read ages ago, but 5 minutes with Google Scholar did not give me any sources to back this impression up.

Your probably right about that, I don't have any legal expertise. It seems that Article 15 states that each person has a right to a nationality, not to the nationality of the country they are in.
It's fairly common for children of illegal immigrants to be in such "gray areas" where they don't have any nationality.

One of my half-sisters was in such case, she was born in Austria but neither of her parents were Austrian, so she was ruled not to have the right for Austrian citizenship, fortunately Uruguay is not so strict and recognizes foreign-born children of Uruguayans as Uruguayan and finally gave her the nationality.

Why would an American want to live illegally in spain?
A few reasons:

I had free healthcare, even though I only used it for one or two checkups.

I was enjoying making art and the art scene in Barcelona, at least for the first few years I was here.

The first job was potentially better than what I could get in the U.S. It was my first programming job and I am not a cs major, I have a liberal arts degree which doesn't get you many jobs in the U.S. So it was a professional opportunity for me. I just wanted to live in Spain, and never had issues any serious issues being illegal that really impacted my life. I was very fortunate in that I had a well paid part time job. The biggest inconvenience I suffered was not being able to sign contracts for mobile phones or apartments. Trivial compared to what most illegal immigrants go through.

Now, as I get a bit older (I am 34), and have substantial programming experience, the jobs and opportunities available in the U.S. are looking very attractive. At the moment I stay in Barcelona for personal reasons and a desire to finish the current contract I have with the research group. I do have my eye on moving back to the U.S. next year.