Why Don’t They Just Do It Legally?

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Eloise Ayala, Esq., an immigration attorney based in Naples, was the featured presenter at the September 9, 2025, virtual meeting of the Democratic Women’s Club of Marco Island (DWCMarco). She spoke to a virtual audience of 40 attendees on “Immigration and Its Myths”, captivating them with a presentation detailing the complexity of immigration in the United States and explaining in detail “why don’t they just do it legally?” 

Why don’t they just do it legally?  

One reason is that three different departments within the U.S. government are responsible for various aspects of immigration, and there is very limited communication or coordination between them. There is no straightforward legal pathway to citizenship and barriers to success abound, for example, multi-year delays in the courts, lack of centralization of the process, and a shortage of qualified and experienced immigration personnel and attorneys to facilitate the process.  

In addition, many of Ms. Ayala’s clients are from Central or South America, where entry to the United States (except from Chile), even for a short time, requires a non-immigrant visa. Immigrant visas also exist, but they are very difficult and time-consuming to obtain. Contrast this with at least 30 European and Asian countries where no visa is needed for limited-time entry.  

Once in the U.S., if a person overstays their non-immigrant visa, they become undocumented (“illegal”) and the path to legal immigration is very complicated, time-consuming, and under the current administration, increasingly rare, even assuming the person is eligible.  

Those who have entered the country without permission are by definition undocumented (“illegal”), and legalization opportunities are extremely limited, even if they have always paid taxes, integrated into U.S. society, and have no arrests. The path to legalization for undocumented individuals doesn’t exist on its own. It has strict eligibility requirements, which include marrying a U.S. citizen, being a victim of a crime, or having a seriously sick child, among others.  

So, what can a U.S. citizen do to increase awareness of this situation and help those in need? 

  • Educate and debunk. 

  • Inform others that “undocumented” includes those who’ve overstayed their visas, not only those who’ve entered the country without permission.  

  • Obtain or circulate “Know Your Rights” sheets available in Spanish and several other languages with a simple internet search.  

  • Prepare “myths vs. facts” handouts which include the following information: 

  • Undocumented immigrants pay taxes. 

  • Undocumented immigrants are ineligible for federal benefits. 

  • Undocumented immigrants are not eligible to vote. 

  • “Just get legal” is not realistic under current law. 

  • Engage with elected officials and push for policy change 

  • Advocate for increased staffing in immigration-related roles. 

  • Advocate for pragmatic pathways for people who are needed in high-demand occupations and bond eligibility standards that avoid indefinite detention. 

And most importantly, vote! As Ms. Ayala concluded in her talk, the entire immigration system needs to be reformed and only Congress can do it.  

Join the Movement 

The Democratic Women’s Club of Marco Island is a force for good, proving that when neighbors unite with a shared purpose, lasting change is possible. Whether through advocacy, volunteerism, or simply showing up, every effort contributes to a stronger, more just community. 

DWCM’s monthly meetings are open to members and their guests.  Our next meeting is on Tuesday, October 21 at 5:00 PM at Mackle Park Community Center. Dr. Patricia Poling will speak about challenges in providing health care in the state of Florida, touching on female healthcare, vaccine mandate removal, Medicaid cuts, and more. Also presenting will be Sheila Kumar, VP of the Board of Directors at The Alliance for Period Supplies who will shed light on the hidden crisis known as Period Poverty.  

For more information about meetings, membership, or supporting our charitable efforts, go to dwcmarco.org or contact us at info@dwcmarco.org  

Let’s stand together. Let’s use our voices. And let’s make a difference. 

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