Padilla's future remains uncertain

Dan-el Padilla Peralta '06, the student who revealed himself to be an illegal immigrant in a front page story in The Wall Street Journal earlier this year, spent the summer attending Washington press conferences and brokering book and movie deals.

But even as the young man's name has gone from obscurity to the front pages of national newspapers and as politicians pledge to support his case, the question of his immigration status remains in limbo. He leaves today to study in England at Oxford on a scholarship, and whether he'll be able to return to the country he calls home is uncertain.

"I'm inclined to think optimistically," Padilla said in an interview. "There's always a possibility of a 'no,' but then we would have to reconsider, but as of right now, I cannot see why that would be the case."

Before graduation, Padilla, who was brought to the United States by his parents from the Dominican Republic at the age of four, had asked the Citizenship and Immigration Services (CIS), an agency of the Department of Homeland Security, to change his status.

In making his case, Padilla noted that he had overcome a life of extreme hardship, including a childhood spent in poverty in New York City homeless shelters.

CIS eventually declined to decide on his application at the time, fearing that if the status change was allowed, other illegal immigrants studying in the United States would seek the same change in status.

But now, because Padilla is no longer a student, that argument has become irrelevant, said his attorney, Stephen Yale-Loehr.

"Despite massive publicity about Dan-el and letters from 10 members of the House and Senate, the USCIS did not decide the application. Now that Dan-el has graduated and is no longer a student, his application has effectively been mooted," Yale-Loehr said in an email.

While in England, Padilla said he plans to apply for a visa through the U.S. Embassy. Due to his current illegal status, however, he must also apply for a waiver through the Bureau of Customs and Borders Protection, another branch of Homeland Security.

Under the waiver, Padilla said he would be allowed to come back to the United States to visit his family, as well as attend events like his brother's high school graduation and Princeton Reunions. He would need to renew this visa every year for the next 10 years, however.

In the months since revealing his status, Padilla has managed to garner support from a wide spectrum of people, including powerful politicians in Washington.

"I met Bill Clinton," Padilla said of a conversation with the former president at Class Day in June, "and he said that his wife has been a huge advocate, and to hear that from him was very reassuring."

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Clinton told Padilla that he had heard about the student's case from his wife, Sen. Hillary Clinton (D-N.Y.), according to an account in the Journal. The former president subsequently wrote a letter to a senior U.S. immigration official and called President Bush on Padilla's behalf.

After reading the initial Journal story, New York Democratic Sens. Charles Schumer and Clinton and Reps. Charlie Rangel and Jane Harman sent a joint letter to Homeland Security Secretary Michael Chertoff and CIS Director Emilio Gonzalez urging them to personally review Padilla's case and legalize his immigration status.

"We believe Dan-el's contributions and lawful record attest to his loyalty to our country," they wrote, according to the Journal.

Building political support for Padilla has been an instrumental part of his advocates' strategy. "We've written or made direct contact with the Immigration Service and political figures," said David Loevner '76, chair of the Sachs foundation, which awarded Padilla the scholarship to study at Oxford. "There's a great Princeton network ... We've been contacting particularly Princeton people in the executive branch who can have some real sway."

Other Padilla supporters include Wilson School Dean Anne-Marie Slaughter '80 and Harvard Law School Dean Elena Kagan '81, both of whom were Sachs scholars.

At the same time, however, Loevner acknowledged that legalizing Padilla' status in the United States remains a "tough" problem.

"If there was a solution, we would have found it already," he said.

Making his case

On July 27, Padilla had the chance to advocate legislation that would benefit undocumented students. The press conference, organized by the National Immigration Law Center, allowed six undocumented students to share their stories with the media.

"The press conference was useful in that we got across the message that we would benefit, as would many others," Padilla said. Afterwards, the students had the opportunity to meet several members of Congress.

"More significant for me, personally, was the opportunity to meet personally with Sen. Clinton and Rep. [Rush] Holt [D-N.J.]," Padilla said. "They were personal highlights for me."

Padilla also had the chance to meet with Rep. Lincoln Diaz-Balart (R-Fla.), who told Padilla that "if there is anything in the form of legislation, it would be legislation for undocumented workers first. Student legislation would come later."

Padilla's ticket to citizenship could come in the form of the Senate's Development, Relief, and Education for Alien Minors, or DREAM, Act. Though the bill faces many hurdles, it would grant conditional permanent resident status to undocumented students such as Padilla, who came to the United States before the age of 16, have been in the country for at least five years at the time of enactment and are of "good moral character."

Students who fulfill these requirements can then become permanent residents provided that, within six years, they graduate from a two-year college or have studied two years towards a bachelor's degree, serve in the U.S. armed forces for two years or perform a number of hours of community service.

"Passage of this bill will allow for talented students to have access to higher education, something they otherwise would not have," Rangel, congressman for Padilla's home district, said on the House floor May 3. "This will show our strong-willed commitment to offering the best opportunities for those that work hard. Everyone deserves an equal chance for an education."

Padilla's story also attracted attention beyond political circles, as interest in the issues facing the country's illegal immigrant population has grown. He said he has been approached by a member of actor Brad Pitt's production company about turning his story into a movie. A former writer for the TV show The West Wing also approached The Daily Princetonian after the paper published a story about Padilla.

For now, though, Padilla said his focus is on a possible book deal. "The book project is definitely materializing, but the movie can wait. Smaller scale stuff is good," he said. "I still think it's very weird."