artesia players status 0314

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SoCalHoops High School News

Artesia Players' Immigration Status
Questioned. . .What's Next?--(March 14, 2000)

Obviously the big story today was not the upcoming CIF State Finals this weekend, nor was it the Rockfish Spring League, nor the Double Pump Discovery Shootout which will take place this coming Saturday and Sunday. . . . those events were trivialized by the absolutely HUGE story which broke across the front page of today's edition of the Long Beach Press-Telegram.

We want to urge some caution to everyone in this matter, including anyone who might feel compelled to comment about the claims made by the P-T today: These are merely allegations. . . while they may turn out to be true, we're not jumping to any conclusions, and neither should anyone else until all of the facts are in. . . .

The story printed today is ostensibly about the foreign visa and eligibility of Jack Martinez (6'-9" Jr. PF) and the visa (but not the eligibility) of Jon Steffanson (6'-5" So. SG), two of the four foreign-born players on the Artesia roster (the other two are Amaury Fernandez and Franklin Matos, who are not mentioned in the article).

For those who missed it, the allegations (and we want to again preface this by saying that these are allegations, not necessarily facts. . . and there may be a huge difference between the two when all is said and done), can briefly be summarized as follows:

Allegations regarding Jack Martinez: As far as we can asertain, there are two things claimed by the paper to have gone on with Jack: 1) He may not really be a junior after all, may have exceeded his alloted high school eligibility last season, (which may have implications both for him and for the entire Artesia team record this season), and 2) he may have submitted a knowingly false immigration form (or at least someone may have on his behalf).

Allegations regarding Jon Steffanson: As far as we can ascertain, the only allegation concerning Jon is that his immigration form may not contain accurate information. There do not appear to be any allegations that he's otherwise not eligible, and and presumably he's really a sophomore.

Here's a little more detail, with some commentary on each of these claims:

1) The Jack Martinez "junior status thing": According to the paper, their investigation alleges that Jack first attended the 9th grade in the Dominican Republic in 1995-96, didn't pass his classes and then again entered the 9th grade in his native country during the first weeks of the 1996-97 academic year, but then withdrew, left the country and entered the US, ostensibly to play basketball in the United States. He apparently then skipped the 96-97 school year, and enrolled at Artesia in 1997-98 as a freshman, played again as a sophomore in 1998-99, and then finally played as a junior in 1999-00. Jack says that the people in the Dominican Republic are "lying" about his status and when he was enrolled, but those are the allegations at least.

If the matters alleged in the LB P-T are true, then if it's not crystal clear, it's darn near so, that Jack has already used up his high school eligibility. It's also clear that if these claims are true, he would have used up his eligibility not this year, but last season, which would have been his 8th semester in high school (unless the CIF can grant a hardship exemption for the missed year in 96-97, assuming that it was truly "missed"). In other words, once the clock starts, this current season would amount to his 10th semester, and he would have exceeded the limit of 8 consecutive semesters of eligibility if the claims are to be believed. While there are exceptions (aren't there always exceptions to every rule?) CIF State Bylaw 202 provides, in pertinent part:

202. EIGHT SEMESTERS

A student who first enters the ninth grade of any school following the student's completion of the eighth grade in any school may be eligible for athletic competition during a maximum period of time that is not to exceed eight consecutive semesters following the initial enrollment in the ninth grade of any school, and said eligibility must be used during the student's first eight consecutive semesters of enrollment at that school or any other school. (Emphasis added).

Note that the rule says "period of time," (the words we highlighted) and not "semesters of enrollment" for determining when the clock runs. In other words, at least one possible interpretation of the rule is that once a student enrolls in 9th grade, the clock is ticking, whether that student attends classes or is even enrolled in the following semesters.

Thus, if the allegations are true, then in addition to being ineligible, which would preclude him from playing next season, there might also be repercussions which flow from the use of an ineligible player which would impact the team's records in all of the games in which he participated this season, and which could affect Artesia's league title, it's Southern Section title in D-IIA, and possibly even future even sanctions (although the rules for use of an ineligible player appear to be directed solely towards the player involved and possibly the coach if it's a knowing violation, and a team's current or immediate past season of sport in which the ineligible player participate. . . in other words, the penalties don't appear to be prospective, and there doesn't seem to be an equivalent provision similar to what the NCAA imposes on teams for rules infractions. . . We've never understood why the NCAA does things that way anyway --i.e., punishes future teams for a past team's transgressions), but the theory is institutional compliance, so maybe there's something to be said for such a penalty. . . .but again, it doesn't appear that there's anything similar in the CIF Bylaws, at least not that we could locate, and the penalty simply seems to be future ineligibility of the player, and possible forfeiture of the games in which an ineligible player participated. . .

2) The "immigration form thing": This allegation, about submitting a form with false information on it (an I-20, a form used by the INS to determine visa status for visiting foreign students) is one which also pertains, according to the P-T, to both Jack and Jon Steffanson.

According to the story, an "I-20" is a form which must be used by a foreign student (and other foreign nationals) in order to gain entry into the country by way of a visa. According to the P-T, public schools don't submit nor solicit these forms, at least Artesia doesn't any longer since the law changed in California a few years ago making it more difficult to accept foreign students.

According to the P-T, most public schools don't use these forms because of changes in immigration law and some peculiarities of the California Education Code which affects foreign students and the cost of education. In other words, since some changes in immigation law 1996, it's been harder for foreign students to obtain visas to attend public schools. But the same isn't true of private schools. A school that wants to admit a foreign student has to register with the INS, and then the private school is then authorized to distribute I-20 forms to the students it wants to admit. "A student fills out the form, has it signed by a designated school official who is registered with the INS and then submits it for approval, along with the materials required for a standard tourist visa, to the U.S. consulate in his or her country of origin."

So far, so good. Except in this case, the P-T claims that Jack Martinez admitted in an interview that he listed Mater Dei as his school on the I-20 form even though he never attended that school. The P-T also claims the same type of information was also submitted by Steffanson on his I-20 form.

But it gets even weirder. According to Patrick Murphy, the principal of Mater Dei, he "told the Press-Telegram he received two I-20s from the INS last spring for students named Jack Martinez and Jon Stefansson, but neither student has ever attended Mater Dei. He also said the person who signed the forms on Mater Dei's behalf is not an employee of the school and is not registered with the INS as someone who is authorized to sign I-20s."

If this is true, then someone signed the forms who wasn't authorized. According to the LB P-T story, the INS will investigate why the signature from an unathorized person wasn't spotted sooner, but if the facts are correct, it's sounds not like a case of someone forging the name of an authorized signaturoy, but instead a case of someone at the INS who was asleep at the switch and didn't notice that it was an unathorized signature. . . at least that may be the best-case scenario. . . Worst case? We don't even want to speculate. . . What the connection is between Mater Dei and Artesia in all of this is not made clear, nor does the article attempt to make any implications, and we won't even attempt to draw any inferences. . .

The long and the short of all of this is that it seems that at the very least, Martinez probably won't return to the school, and if he does, it won't be to play basketball. . . As for Steffanson? Who knows. Artesia's record this season and it's titles? Who knows. . . . A great deal depends upon the eligibility issue and how the CIF determines to treat it and what the real facts (as opposed to the allegations in the P-T) turn out to be. Other questions will be asked, including who knew what and when they knew it concerning these two young men, but for now, rather than speculate, suffice it to say that this is a very sad, sorry episode that we hope doesn't tarnish an otherwise excellent program. But if it does turn out that there's more to all of this, better to get at the truth and clean it up now rather than just shove it under the rug and pretend it didn't happen. . . .

For now though, we'd urge everyone not to jump to any conclusions. Newspaper reports are just that, "newspaper reports". While the writers involved in this story are good, capable reporters, and the P-T's sports writers usually do a very credible job, even newspapers have been known to get it wrong on occasion, and the real facts might turn out to be very different.

Stay tuned, because there's sure to be more to come on this, from all sides involved.

As we mentioned above, the story is currently available online at the LB P-T's website, at this link. But because the link is only accessible for a single day, we're reposting the story here below for purposes of discussion only (hey guys, "Fair Use" and all that. . . we don't make any money and have no advertising, and pleasssseeee visit the P-T so they can make money. . . there, is that a shameless enough plug?).

Prep stars' visas questioned

By Billy Witz, Steve Irvine and Fausto Ramos, Staff writers

Two foreign players from Artesia High's nationally recognized boys basketball team hold student visas with false information on them, the Press-Telegram has learned.

And one of the two athletes, star player Jack Martinez, from the Dominican Republic, is in his fifth year of high school, based on a school transcript that shows he started the ninth grade in his native country in 1995. Martinez disputes the school record. California Interscholastic Federation rules limit a high school athlete to four years of eligibility.

The Immigration and Naturalization Service's visa regulations require that students attend the schools listed on their application forms, known as I-20s.

But Martinez, an 18-year-old junior, told the Press-Telegram in a telephone interview last week that he listed Mater Dei, a private high school in Santa Ana, on his I-20 because he could not obtain a student visa to attend Artesia, which, like most public schools, does not process I-20 forms.

Patrick Murphy, Mater Dei's principal, told the Press-Telegram he received two I-20s from the INS last spring for students named Jack Martinez and Jon Stefansson, but neither student has ever attended Mater Dei. He also said the person who signed the forms on Mater Dei's behalf is not an employee of the school and is not registered with the INS as someone who is authorized to sign I-20s.

Stefansson, a 17-year-old sophomore at Artesia, could not be reached for comment, but his father, Stefan Eggertsson, said in a telephone interview from Iceland that he thought all of the information on his son's I-20 was correct.

Murphy said that after he received the I-20s for Martinez and Stefansson, he notified the INS of the irregularity. He received a response from the federal agency saying the school had acted properly, but he heard nothing further about the matter until he was contacted by the Press-Telegram last week.

Because California public school officials are prohibited by state law from asking students for documentation that they are here legally, Martinez and Stefansson did not have to present their student visas to Artesia High. They could enroll simply by proving they live in the district.

Eggertsson said he received his son's visa forms by fax, and he thought they were sent by Artesia High School.

Gary Smuts, director of school services for the ABC Unified School District of which Artesia High is a member, said to his knowledge nobody from the district faxed visa forms to Stefansson's home.

"I don't know why we would," Smuts said. "Those aren't forms we collect or give out."

Immigration law

Changes in U.S. immigration law in 1996 made it more difficult for foreign individuals to attend public high schools in the United States on student visas. In an effort to prevent taxpayers from footing the bill for foreign students who are not permanent residents, the law now requires such pupils to reimburse the districts in advance for the cost of educating them. Also, attendance at public high schools cannot exceed 12 months for those on student visas.

Many school districts, such as ABC Unified, simply stopped processing the I-20 forms, according to Ted Teach, ABC's director of child welfare and attendance.

"We had to deal with a lot of red tape," Teach said.

Private schools, however, are under no such restrictions. They are able to make their own tuition arrangements with students, and unlike public schools, attendance is not limited to 12 months, said Jane Arellano, the assistant director of adjudication for the INS' Los Angeles office.

A school that wants to admit foreign students must register with the INS, explained Arellano. That school is then authorized to distribute I-20 forms to the students it wants to admit. A student fills out the form, has it signed by a designated school official who is registered with the INS and then submits it for approval, along with the materials required for a standard tourist visa, to the U.S. consulate in his or her country of origin.

If a student is not attending the school that provided him with the I-20 form, he would be violating his status, according to Arellano.

"The penalty for that is generally to prepare a record that says this individual needs to appear in an immigration hearing to see if they're removable," she said. "It's called a violation of non-immigrant status."

Even if a student is here illegally, public schools are still required to admit all students who live in their district, said ABC's Teach.

"We're not allowed to ask (for documentation of legal status)," Teach said.

"Once they're enrolled, they're part of the district as long as they prove they're living (in the district). We're obligated to educate kids. We can't throw them out."

Both Martinez and Stefansson live with host families in the ABC district.

Smuts was asked if questions had been raised as to why four foreign basketball players had enrolled at Artesia.

"No more than why are all those smart kids coming to Whitney?" said Smuts, referring to ABC's Whitney High, recognized as one of the best high schools academically in the state.

Dominican school According to a transcript faxed to the Press-Telegram from the Dominican high school, Colegio Nazareth, and interviews with the school's director, Carmen Andujar, Martinez was enrolled in the ninth grade at her school in the 1995-96 school year.

Rule 202 of the CIF-Southern Section constitution states that once a student has enrolled in the ninth grade of any school, the student has eight consecutive semesters in which to complete his or her athletic eligibility.

Martinez enrolled at Artesia High in Lakewood in fall 1997 as a ninth grader. Counting his 1995-96 ninth grade year in the Dominican Republic, this is his 10th semester of high school.

CIF-SS officials will not discuss specific athletes or schools, but assistant commissioner Bill Clark, who oversees eligibility issues, said the eight-semester rule applies even if a student attended the ninth grade in a foreign country.

Colegio Nazareth records reflect that Martinez failed to pass four of his eight classes in 1995-96. The school required him to repeat the ninth grade the following year, according to Andujar, who said she has been at the school since it opened 32 years ago and takes pride in keeping meticulous records.

Andujar, who identified Martinez as the student who attended her school from a photo in the Artesia basketball program, said that after he failed the ninth grade, Martinez attended the school for about two months in the 1996-97 term before he left. Martinez's mother picked up his school records and said her son was going to the United States to play basketball, Andujar said.

"I remember him trying really hard because he came back (to repeat the ninth grade)," Andujar said in Spanish in a telephone interview with the Press-Telegram. "A lot of students don't. I was surprised when his mother showed up to pick up his records. That was the last I heard of him."

He enrolled at Artesia the next year.

When asked about his ninth grade transcript from 1995-96, Martinez said he was in the ninth grade the following school year, in 1996-97, which would make him eligible through this year. When he was told that Andujar had said he repeated the ninth grade for two months in 1996-97, he had no comment. Later in the interview, he said, "people in the Dominican are lying about my grades."

Smuts, when shown Martinez's ninth-grade transcript from the Dominican Republic, said the district would look into the matter but declined further comment, saying the district could not discuss a student's records.

Martinez, who is 6-foot-8 and 220 pounds, is considered one of the best underclassmen basketball prospects in the United States. He said he wanted to come to the United States because the high level of competition would help him develop his skills and might prepare him to play in the NBA one day. In basketball and other areas, he said, the United States represents a better way of life for many Dominicans.

"Everybody is poor (in the Dominican Republic)," Martinez said. "Everybody wishes they were able to come here and make some money. It's hard to get a visa."

A father's concerns Eggertsson, Stefansson's father, said his son's only incentive to attend school in the United States was to become a better basketball player. Stefansson, a 6-foot-6, 195-pound guard, was one of the top players on Iceland's junior national team.

"How can you imagine that we would send a 16-year-old boy over half the globe to play far away from his family if he had any reason to doubt that he was going there on perfectly legal circumstances?" Eggertsson said. "We are not living in a banana republic in Iceland. He can get anything he wants here his education, his college university, everything. He doesn't need the States for that. He just wants to play basketball because he's good. That's every kid's dream. It's the reason he goes there. If we had any doubt that he was going under false pretenses, he would not have gone there."

Arellano said the INS currently is not investigating the matter, but she planned to look into it further by finding out from Mater Dei which INS employee had responded to the school's letter about the I-20s the principal received last spring.

She said once such a matter is brought to the INS' attention, "it is handled at the earliest opportunity, but our main focus is on criminal activity, previous deportations, employer sanctions and those kind of things."

Basketball success Martinez and Stefansson, two of four foreign students on the Artesia team, had an impact on the Pioneers' winning basketball season.

Stefansson was a leading reserve as a freshman and this year established himself as one of the area's better outside shooters.

Martinez has been a pivotal player in Artesia's success over the last three seasons when the Pioneers compiled a record of 94-8 and three Southern Section titles. He helped the Pioneers defeat Poly for the I-AA title in 1998 and 1999 and played a starring role this season in leading Artesia to the II-A championship. The Pioneers were briefly ranked No. 1 in the nation this year by USA Today.

Artesia, which finished its season 30-3, was eliminated from the state playoffs Thursday, losing at Bakersfield Foothill, 59-54, in the Southern California regional semifinals. Martinez, the team's leading scorer in the playoffs, went to the bench 1 minute and 17 seconds into the game, reportedly with a high fever, and never returned.

Stefansson scored a game-high 18 points in the losing effort.

After being asked about his I-20 form last week, Martinez said he was concerned about his status at Artesia.

"My career is over," he said. "I'm going to go back to the Dominican with my mom. I'm going to feel bad because (others will say) everything's going to be my fault. It's going to be hard."