Signs of the Times - Woman Without Borders
May 2006
Immigration: Woman Without Borders
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"When thousands of people rallied for immigrant rights outiside City Hall on May 1, Martine Kalaw couldn’t join them.

Martine Kalaw, seen in her apartment, has authorization to work in the United States, but it expires next week. What happens to her next is unknown. (Photo: Bill Lyons/Metro)

Instead, the Zambian immigrant was inside City Hall working to finish writing Mayor Michael Bloomberg’s talking points on the finances of the NYPD and Department of Correction for the “Mayor’s Management Report.”

Now, because of a series of oversights, Kalaw, 25, who works at the city’s Office of Management and Budget, faces deportation. Her work authorization permit expires May 26; then her fate will be in the hands of a judge.

Kalaw was born in Zambia and came with her mother to the United States from the Congo at age 4. Her mother married an American and got a Green Card, but didn’t apply to get one for her daughter. Kalaw’s stepfather didn’t adopt her, either. If one of those steps had been taken, she might not be awaiting a judge’s ruling on whether she’ll be sent back to Zambia.

“Why they didn’t file for me is one of those mysteries that will never be solved,” Kalaw said. Her stepfather passed away when she was 13; her mother died two years later. Both struggled with HIV and AIDS.

Kalaw didn’t learn of her immigration status until studying at Hamilton College.

“I was unaware of my situation,” Kalaw explained. “I was so focused on being a student. But then they sent me to [immigration services] and that’s when everything fell apart.

“There’s this aspect of shame attached to being an immigrant, especially when you’re a young adult in college,” Kalaw said. “Being undocumented or illegal has a stigma, like a disease. People think you did something wrong and should be punished, and so I tried to hide that part of my life.”

Her college found her a pro bono immigration attorney and during the litigation process, Kalaw graduated and won a scholarship to Syracuse’s Maxwell School of Citizenship and Public Affairs. Kalaw ended up losing her case and she’s not hopeful about the pending appeal.

While Kalaw awaits her day in court, she has authorization to work here only until May 26. Bureaucratic delays have held up her renewal, she said.

“I didn’t want to work under-the-table. I always wanted to keep a clean record and file taxes,” Kalaw said. “I’ve had friends who say, ‘Why don’t you just get married?’ That may be great for Hollywood movies, but so much else has been taken from me, I’m not about to give up my morals.”

Kalaw opened up about her situation because she feels she has nothing left to lose.

“There are some days when I just want to give up,” Kalaw said. “You can’t fall apart because you have to put food on the table. I’ve had the opportunities that a lot of Americans had, and I feel responsible to use these advantages to speak up now.”

Help from Congress?

• A measure known at the “Dream Act,” which has been included as an amendment to several Senate bills, would offer a path for citizenship for young people “of good character” who have been here for five years and have been accepted to college or earned a high school diploma. If it’s passed, Kalaw may earn citizenship that way.

Welcome in Zambia?

• Although a judge originally ordered Kalaw to return to Zambia, the nation of her birth, she is not sure that Zambia would take her. “I came on my mother’s passport from Congo, so it’s not clear whether I’m a citizen of either county. Both constitutions say if you have dual citizenship, by your 21st birthday you have to choose one. At this point, I’m more likely not a citizen of either country.” (Amy Zimmer, Metro New York, May 16, 2006)

Editor's Note: We learned of this situation from the following electronic mail received May 17:

George,

A girl that I went to STAB with, Martine Kalaw, just had an article written about her in NY Metro: http://ny.metro.us/metro/local/article/Woman_without_borders/2552.html

Her mother, who died of AIDS when she was a little girl, immigrated to the US from the Congo with her when Martine was only 4 years old. Her mom applied for a green card, but never filed for Martine. Because of this oversight, which only came to her attention when she was in college, Martine, now an employee at NYC City Hall, may be deported back to Zambia soon, even though she has no memory of ever living there.

Please share this article with people in the hopes that someone might be able to help her.

Rebecca Taylor


Comments? Questions? Write me at george@loper.org.