If the game is 'obtain the opportunity to get a job' then, yup he cheated.
Barriers to entry are sometimes needed, but if the only thing you did to get over that barrier was be born on the correct side of an imaginary line, well, that just doesn't impress me.
Really, american born citizens can't complain about this without sounding like entitled brats. 'I want to win despite my lack of ability.' No sympathy there.
Foreign born citizens that worked hard through the system to get citizenship have a little to be annoyed about, but really the only class of people who can really even say 'boo' to Jose are people who faced his situation and chose to leave and then worked their way back in. If that class of people exists then I would have just one question for them:
"Would you support the DREAM act?"
I really and truly have a hard time believing that they would say, "No."