New Marlborough — This past Saturday, roughly 50 local residents gathered at The Southfield Church in New Marlborough for a presentation by Antonio Massa Viana organized by the New Marlborough Town Library and The Southfield Church. Viana is an immigration attorney in Southborough, Mass., who made headlines soon after passing the Massachusetts bar exam by becoming the first known unauthorized immigrant to earn a law license.
After taking the bar exam, he began serving as an independent contractor consulting for Massachusetts Immigrant & Refugee Advocacy Coalition (MIRA) during the day while working to establish his own law firm at night. In January 2015, he opened Massa Viana Law—a full-service immigration firm. In 2016, after securing a green card, he was licensed to practice in Rhode Island as well, where he had passed the bar two years earlier. He has worked tirelessly to support immigrants ever since, creating a space where they feel “seen, heard, and appreciated” and a firm that provides “guidance with compassion and unmatched immigration legal representation” (per its website).
Knowing the challenges from personal experience
Viana is no stranger to adapting and surviving. Born in Brazil, he first moved to the United States when he was 12 years old. He soon discovered that, “in order to succeed, you need to push the envelope and not give up, despite the odds.” As one who lived without status in the U.S. for 20 years, he understands the everyday fears and mounting challenges undocumented immigrants in our state and throughout our country are facing today.
After years spent living and working here as a homeowner, taxpayer, and father of three U.S.-born children, lawyers advised him that there was no avenue (through family or work) for him to apply for a green card. So he applied to Roger Williams University School of Law instead, where he was accepted despite his immigration status.
Viana excelled in law school, becoming editor-in-chief of the law review; winning the Esther Clark Moot Court competition and the national Religious Freedom Moot Court Tournament at George Washington University Law School; and earning respect from faculty, staff, and fellow students.
Some immigration history
“Immigration law is incredibly complex,” Viana said by way of introduction—one of many reasons he believes comprehensive immigration reform is critical. “Politicians have been talking about it forever, but it always seems to take a back seat to whatever is politically convenient.” Given the high stakes for immigrants during the first Trump administration and the even higher stakes today, Viana has spent the past decade not only committed to public service but to social justice as well.
The Statue of Liberty once symbolized the torch of freedom and the opportunity to build a better life in a better country, Viana noted, while adding that the welcome has always been tied to race. As early as 1790, he emphasized, anyone could come, but only “free white persons” (males) who had lived lawfully in the U.S. for two years could become a citizen—a reality that remained in place (with some exceptions) until 1952.
The 14th Amendment, ratified in 1868, granted birthright citizenship to anyone born under the jurisdiction of the United States. The polarization that resulted from that amendment gave rise to restricting the migration of certain groups of people. “Over 150 years later, we’re still working through these conflicts,” Viana acknowledged, noting that DACA is currently being challenged by the Trump administration and thus no longer assures a pathway to citizenship or legal permanent residency.
For immigrants with no status, undocumented immigrants, or those with a pending status, the long wait for an asylum interview can take more than 10 years, and green card processes can span several decades. For those lucky enough to obtain a six-month visa, overstaying even by a day can result in losing their status. “The government is currently processing forms for family-based immigration for a sibling of a U.S. citizen from 2001,” Viana stated. “Meanwhile, the quotas (total number the U.S. will admit in each category and country each year) are decreasing rapidly.”
How many undocumented people are in the U.S.? “Roughly 11 to 14 million (out of an estimated 20 million foreign-born individuals)—nowhere near the 50 million recently cited by Vice President Vance—and eight out of 10 have lived here 14 years,” Viana reported. In order to meet the government’s desired quota of 3,000 deportations a day, ICE is arresting immigrants with no criminal record. U.S. citizens who cannot prove their status are now also getting swept in the raids.
Debunking recent immigration myths
Undocumented immigrant workers contribute significantly to every major sector of our economy, including farmworkers (20 percent), construction workers (15 percent), food service/hospitality workers (13 percent), and those work in manufacturing (eight percent). While many politicians claim they are taking services without paying taxes, the opposite is actually true. “The IRS issues ITIN’s (individual taxpayer identification numbers) to immigrants so they can pay taxes—and they pay a lot of taxes,” Viana clarified. To give some idea of the magnitude of those taxes, he shared that in 2022, undocumented workers paid $96.7 billion in federal, state, and local taxes and contributed $25.7 billion to Social Security (income most will never benefit from in the future).
Other myths Viana was eager to clear up included the belief that deporting immigrants would boost American jobs. “In fact, we would lose 2.6 million jobs if we got rid of undocumented immigrants,” he pointed out. Mass deportation would cost our economy $900 billion in lost tax revenue over a 10-year period, according to economic studies from both nonpartisan and progressive think tanks.
Finally, Viana addressed the myth that immigration violations are criminal. “Violation of immigrant status is a civil violation, not a criminal one. It’s like a parking ticket,” he stressed, while listing notable undocumented immigrants who violated their immigrant status—including journalist Jose Antonio Vargas, actor Selma Hayek, musician Neil Young, brain surgeon “Dr. Q,” and (ironically) Tesla CEO Elon Musk.
Policy changes and their impact
Anyone who has been following the news is well aware that immigration policies are changing as quickly as the weather under the Trump administration. The Department of Homeland Security (DHS) is stripping people of their status, rescinding temporary protected status (TPS) for 1 million people, revoking parole status for 532,000 individuals, dismissing court cases and then arresting those same immigrants as they exit the building, setting the stage to curtail legal protections for asylum seekers and H1-B (“Specialty Occupation”) petitions, and aiming to denaturalize certain people.
In response to the question, “Is this really about unauthorized migration?” Viana showed a series of recent U.S. Department of Labor posters calling for citizens to “Serve your country, Defend your culture.” All featured young white males. He then compared the images to nearly identical posters used in Nazi Germany—causing a palpable shift in posture throughout the room.
What can we do?
With nearly a third of FBI agents, two-thirds of ATF agents, close to half of DEA agents, and nearly 90 percent of HSI agents being redirected to assist with ICE deportation and immigration enforcement efforts, the administration’s sole focus appears to be removing the people who are here, regardless of status or any criminal record. And they are doing so wearing masks, driving unmarked vehicles, and refusing to show any badges. “All immigrants, regardless of how they enter or where they are from, have constitutional rights—including the right to due process, equal protection, and freedom from unreasonable searches and seizures,” Viana reminded the group. “There is clearly no due process happening now.”
“Why should we all be concerned?” he asked the group. “Because what’s happening to immigrants today could happen to citizens tomorrow.” (In fact, it already is happening in many places.) Having grown up during the military dictatorship in Brazil, Viana knows from experience what it is like to have to keep books hidden, carry identification at all times, and watch power, greed, and injustice replace rights.
“Not enough people are speaking up,” Viana cautioned, adding, “That’s part of the reason I drove here today.” In addition to putting pressure on state and federal representatives, urging them to support the Dignity Act, protect DACA, and stand up for the constitutional rights of immigrants, he encouraged all in attendance to “talk to the people who disagree with you on this issue, attend vigils, stay informed, and become allies for undocumented immigrants.
In 2021, after 20 years with no status, Viana noted, he was finally recognized as a U.S. citizen. In closing, he stated, “I love my country. In spite of the times we’ve fallen short, there’s such potential here for good. This is our home. We can’t lose hope.”
[Disclaimer: The views and opinions expressed during the presentation are those of the speaker and do not necessarily reflect the official views or positions of the New Marlborough Town Library or The Southfield Church. The event is for informational purposes only and does not constitute legal or professional advice.]
Note: Massachusetts is currently considering critical legislation related to immigration reform. For more information, go to Massachusetts Immigrant and Refugee Advocacy (MIRA) Coalition.
There are also many local organizations working tirelessly to support our immigrant community. Here are a few places you can support with your time, interest, or donations:
