By Yolanda Gonzalez Gomez
The Huffington Post
5 November 2011
DENTON, Texas -- Juana Perez is a bilingual education major and the president of a campus organization that raises awareness about the federal DREAM Act, a bill that would enable certain undocumented immigrants who came to the United States as minors to apply for permanent residency.
She is also undocumented.
In honor of the Day of the Dead, a Mexican holiday on Nov. 1 that celebrates life and death, Perez dedicated an altar this week to the "Dreamers," those students unable attend college because they are undocumented. Her motto: "Education, not deportation."
The celebration of the holiday at the University of North Texas -- the fourth largest university in the state, with 36,000 students, including 5,000 Latinos -- echoed a growing sentiment among Latino students: immigrant children who succeed in school should be given a chance to repay the investment in their education.
Perez, a petite young woman brought to the U.S. by her parents from Mexico, placed crosses at the altar with the names of young people who died trying to cross the border into the United States. She lit candles in honor of "Dreamers" caught up in deportation proceedings, and those who have died in detention centers for lack of medical services.
"We never give up trying to educate others about the DREAM Act and how important it is," said Perez, adding that the proposed law would not only benefit Latinos but also young people of all nationalities.
The long-standing DREAM legislation, an un-passed bill that would grant some undocumented students legal status in return for two years of college or military service, has become a focal point of the heated immigration debate.
President Obama has expressed support for the DREAM Act and immigration reform, with the administration recently announcing a policy change that would spare many "Dreamers" from deportation as enforcement is focused on undocumented immigrants with criminal records, rather than young people or students. According to the policy, the administration has also begun reviewing more than 300,000 deportation proceedings to weed out the "low-priority" cases. Yet, the administration also recently released its latest deportation numbers, which showed a record number of nearly 400,000 deportations in fiscal year 2011, which ended in September.
Texas Governor Rick Perry, who is running for the Republican presidential nomination, has supported undocumented students, signing a bill as governor that allowed undocumented immigrants who are Texas residents to obtain in-state tuition rates.
Still, students have become an active and vocal force in pushing for immigration reform, attending DREAM Act hearings and rallying across the country.
At the University of North Texas, professors of Mexican-American studies, history and anthropology asked students to prepare altars that spoke to social issues affecting the Latino community. The theme: "Knowledge is power."
"It was a cultural exercise that echoes the demographic reality of Hispanics in Texas," said Roberto Calderon, who teaches history and Mexican-American studies.
The campus-wide celebration included a procession of altars honoring Chicano professors, family members killed on 9/11, the DREAM Act and "Dreamers."
The traditional altars were decorated with skulls, flowers, candles, religious icons, food, portraits of loved ones and admired public figures. The students shared Mexican sweet bread and churros, a fried-dough pastry, amid music and dancing.
"This enduring tradition promotes an exchange between different ethnic traditions and gives shape to our own culture," Calderon said. More Latino students receive a college education in this suburb north of Dallas than in the city and Forth Worth combined, he added.
This year, more students participated in the university's three-year-old Day of the Dead celebration than in the past, Calderon said.
"Exclusion and opposition are no longer viable in our society, as new communities gain more power and presence," he said.
Favian Rios, a member of the Lambda Theta Phil fraternity and a criminal justice major, dedicated an altar to the undocumented students missing from college classrooms.
"We hope that the university and the community might take notice of our participation, that we are proud of our heritage, and break stereotypes about Latinos," Rios said.
"We wanted to express that we are in touch with our traditions, that we haven't forgotten that we are Latinos in a country where our identities can be forgotten," said Elizabeth Guevara, also a criminal justice major.
Anthropology Professor Mariela Nuñez-Janes, said the celebration was intended to, "send the message to educators that our Hispanic culture is important in places of higher education."
http://www.huffingtonpost.com/2011/11/04/dream-act-day-of-the-dead_n_1076490.html
Showing posts with label Dream Act. Show all posts
Showing posts with label Dream Act. Show all posts
Sunday, November 6, 2011
Friday, October 7, 2011
Aspiring Pastor at Risk of Deportation Speaks Out for Immigrant Rights and Keeping Faith
By Ray Downs
The Christian Post
October 06, 2011
On his way to Lafayette, La., 19-year-old David Morales believed he was going to attend bible college, where he would learn the word of God and become a pastor. It was his dream. In many ways, it was the American dream, but before he even made it to his destination, David experienced a nightmare at the hands of immigration officials.
Morales came from a family of modest means, being the first in his family to graduate high school. Now, he believed, he was going to be the first one to attend college. That all changed when his bus was stopped, immigration officials came aboard, and asked David a single question:
"Are you an American citizen?"
After admitting that he was not a citizen, Morales was arrested and spent 17 days in jail before his family posted a $4,000 bond, the Salt Lake Tribune reported. He is now in the trial process and at risk of being deported to Mexico, a country he vaguely remembers and has few remaining ties to.
Morales was not born in the United States, but you would not guess that by talking to him. His family brought him to Utah from Mexico when he was 9 years old and was soon speaking more English than Spanish. He did well in school, kept out of trouble, and volunteered in his community, both as a fundraiser for homeless teenagers and as a Spanish interpreter during parent-teacher conferences at his local elementary school.
It could be said that David was a "model citizen" – and that is why, facing the threat of deportation, David has become the epitome of why supporters of the DREAM Act, which creates legal methods for undocumented immigrants to attain legal status, are still fighting to get the legislation passed, despite being struck down in December last year.
The Development, Relief and Education for Alien Minors (DREAM) Act hopes to give children who were brought illegally into the U.S. by their parents a "second chance" of sorts if they have shown to abide by a list of restrictions:
• Arrived in the U.S. before the age of 16
• Have proof of being in the country for at least five years
• Graduated from an American high school, obtained a GED, or has been admitted to an institute of higher education
• Be between the ages of 12 and 30 at the time of the bill's enactment
• Have registered with the Selective Service if male
• Be of "good, moral character" (a legal definition that essentially means one is not a criminal or troublemaker)
According to the Salt Lake Tribune, people who know Morales say he fits the requirements perfectly.
"David is one of those kids you don't want to lose," said Erik Contreras, co-chairman of the Utah Latino Legislative Task Force and a Morales family friend. "He is a role model. He is the kind of kid we need involved in our community."
Michele Callahan, Morales' high school principal, agreed.
"He was very unique for a kid this age. He was always thinking of others rather than himself. Everybody loved him," she said. "I hope for a good outcome for him. I know he had big plans."
However, with immigration being one of the country's hottest issues, there are people who say that despite the "good, moral character" of Morales, illegal immigration needs to be stopped.
"It's unfair at a personal level for Mister Morales to have to face a situation like that," Eli Cawley, president of the Utah Minuteman Project, told the Salt Lake Tribune. "But then again, life isn't fair. If you want fair, you join the Girl Scouts. There are lots of situations where children have to accept the unfair [circumstance] that is foisted on them by their parents."
Some have even said that the country's move towards stricter immigration laws, such as the recent Alabama legislation that has caused many Hispanic people to leave the state, according to an article on the conservative blog, Daily Caller. The Daily Caller also reports that hiring is up in one Alabama county because so many undocumented workers have left, causing job openings for legal residents.
"It is amazing to see the effects," said Chuck Ellis, a member of the city council in Albertville, Ala. "A large proportion of the illegal Hispanic community has moved … self-deportation is a real thing."
Ellis added that unemployment dropped from 9.5 percent to 9.3 percent over the last few weeks.
A .20 percent decrease is not an impressive number, and possibly unrelated to the Alabama immigration law – especially since so many of those who left were undocumented, meaning their jobs were not officially registered. However, in a time of mass unemployment, some will say that any decrease is significant.
Of course, human beings are more than decimal point figures, and mass desertions have much more of an effect on an area than a few job openings.
In Cullman, Ala., area businessman Bobby Noles said he would be losing money from so many Hispanic people leaving the area, according to the Cullman Times.
"I'll be losing about $4,000 a month in rent," Noles said. "Even if you try to explain that they can stay, they're nervous and don't fully understand the law. They believe there's something that could happen to cause them trouble."
In addition, Noles said that although undocumented workers do not officially pay income taxes, employers are able to legally deduct taxes from their books. Area businesses also benefit from having more people buying more products.
"You also have to think of the huge impact they’ve had on our economy when they arrived here," Noles was quoted as saying in the Cullman Times. "They buy gas, pay rent, buy groceries and a lot of other things. Sure they send money home, but they have to live while they’re here and they spend a lot of money to do that."
They also attend church.
Bishop William Willimon, of the North Alabama Conference of the United Methodist Church, told The Christian Post Sept. 29 that when Republican Gov. Robert Bentley signed the bill into law in June, the impact was felt immediately in some churches.
"We were concerned. The minute the law was passed I started hearing from pastors," Willimon said.
"One of our congregations, the Sunday after this was passed, had a 50 percent drop in attendance," he said.
And then there is David Morales. Caught in the middle of the whirlwind of immigration legislation, the 19-year-old is currently living in Utah and awaiting his Dec. 8 trial, which will determine whether or not he can stay in the country where his family lives on a working permit good for one year, Morales told CP today. After that, he will have to keep re-applying for one-year permits in order to be in the U.S. legally until he is eligible for American citizenship.
If he is denied the working permit, Morales will ask to leave the U.S. voluntarily in order to avoid being deported, which will mean he will have to wait at least ten years before being allowed back in the country.
The setbacks have forced Morales to put his Bible college plans on hold for the time being. Oval Bible College in Louisiana does not accept undocumented students and Utah-area Bible colleges are reluctant to accept him due to his recent media exposure, Morales said.
Such is the bureaucratic process for Mexico-born, American-raised teenager who wants to be a pastor.
However, despite the setbacks, Morales has turned the negatives into a positive. He is currently attending his first semester at Salt Lake Community College and considering majoring in Sociology. He has also become heavily involved in the movement to get the DREAM Act passed by speaking out at schools and churches.
At a rally in Salt Lake City last month, Morales spoke to DREAM supporters about his and many others' experiences with U.S. Immigrations and Customs Enforcement (ICE), KSL.com reported.
"What ICE is doing is wrong," he told the crowd. "What I had to go through was wrong. (It is) wrong for any hardworking American to live through what I went through."
But Morales and other DREAMers, as they like to be called, are getting their voices heard.
"Many are rising out of the shadows and raising their voices and saying we will no longer stand in silence," Morales said. "We are undocumented, unafraid and unapologetic."
"In a way, I'm glad I went to jail because I have been able to meet so many DREAMers," he told CP, adding that he has been able to assist many immigrants who do not know where to go or are just too afraid to find out.
"People who are afraid to talk, I can be a voice for them," he added.
Meanwhile, the Obama administration is expected to deport nearly half-a-million undocumented people this year – the most ever in a single year, the AFP reported. But Morales, who has not given up his dreams of attending Bible college to become a pastor, believes people should continue living their lives and not let the fear of deportation prevent them from living their lives or attending church.
"I don't think people should be afraid. If God brought us here to this country, it's for a reason," Morales said. "God has control over everything, so people should not be afraid of congregating…but we should pray."
Morales' optimism and faith leads him to believe that the legal threats undocumented people are facing will soon end.
"Something has to happen. This can't go on forever. We're not sitting still."
http://global.christianpost.com/news/aspiring-pastor-at-risk-of-deportation-speaks-out-for-immigrant-rights-and-keeping-faith-57505/
The Christian Post
October 06, 2011
On his way to Lafayette, La., 19-year-old David Morales believed he was going to attend bible college, where he would learn the word of God and become a pastor. It was his dream. In many ways, it was the American dream, but before he even made it to his destination, David experienced a nightmare at the hands of immigration officials.
Morales came from a family of modest means, being the first in his family to graduate high school. Now, he believed, he was going to be the first one to attend college. That all changed when his bus was stopped, immigration officials came aboard, and asked David a single question:
"Are you an American citizen?"
After admitting that he was not a citizen, Morales was arrested and spent 17 days in jail before his family posted a $4,000 bond, the Salt Lake Tribune reported. He is now in the trial process and at risk of being deported to Mexico, a country he vaguely remembers and has few remaining ties to.
Morales was not born in the United States, but you would not guess that by talking to him. His family brought him to Utah from Mexico when he was 9 years old and was soon speaking more English than Spanish. He did well in school, kept out of trouble, and volunteered in his community, both as a fundraiser for homeless teenagers and as a Spanish interpreter during parent-teacher conferences at his local elementary school.
It could be said that David was a "model citizen" – and that is why, facing the threat of deportation, David has become the epitome of why supporters of the DREAM Act, which creates legal methods for undocumented immigrants to attain legal status, are still fighting to get the legislation passed, despite being struck down in December last year.
The Development, Relief and Education for Alien Minors (DREAM) Act hopes to give children who were brought illegally into the U.S. by their parents a "second chance" of sorts if they have shown to abide by a list of restrictions:
• Arrived in the U.S. before the age of 16
• Have proof of being in the country for at least five years
• Graduated from an American high school, obtained a GED, or has been admitted to an institute of higher education
• Be between the ages of 12 and 30 at the time of the bill's enactment
• Have registered with the Selective Service if male
• Be of "good, moral character" (a legal definition that essentially means one is not a criminal or troublemaker)
According to the Salt Lake Tribune, people who know Morales say he fits the requirements perfectly.
"David is one of those kids you don't want to lose," said Erik Contreras, co-chairman of the Utah Latino Legislative Task Force and a Morales family friend. "He is a role model. He is the kind of kid we need involved in our community."
Michele Callahan, Morales' high school principal, agreed.
"He was very unique for a kid this age. He was always thinking of others rather than himself. Everybody loved him," she said. "I hope for a good outcome for him. I know he had big plans."
However, with immigration being one of the country's hottest issues, there are people who say that despite the "good, moral character" of Morales, illegal immigration needs to be stopped.
"It's unfair at a personal level for Mister Morales to have to face a situation like that," Eli Cawley, president of the Utah Minuteman Project, told the Salt Lake Tribune. "But then again, life isn't fair. If you want fair, you join the Girl Scouts. There are lots of situations where children have to accept the unfair [circumstance] that is foisted on them by their parents."
Some have even said that the country's move towards stricter immigration laws, such as the recent Alabama legislation that has caused many Hispanic people to leave the state, according to an article on the conservative blog, Daily Caller. The Daily Caller also reports that hiring is up in one Alabama county because so many undocumented workers have left, causing job openings for legal residents.
"It is amazing to see the effects," said Chuck Ellis, a member of the city council in Albertville, Ala. "A large proportion of the illegal Hispanic community has moved … self-deportation is a real thing."
Ellis added that unemployment dropped from 9.5 percent to 9.3 percent over the last few weeks.
A .20 percent decrease is not an impressive number, and possibly unrelated to the Alabama immigration law – especially since so many of those who left were undocumented, meaning their jobs were not officially registered. However, in a time of mass unemployment, some will say that any decrease is significant.
Of course, human beings are more than decimal point figures, and mass desertions have much more of an effect on an area than a few job openings.
In Cullman, Ala., area businessman Bobby Noles said he would be losing money from so many Hispanic people leaving the area, according to the Cullman Times.
"I'll be losing about $4,000 a month in rent," Noles said. "Even if you try to explain that they can stay, they're nervous and don't fully understand the law. They believe there's something that could happen to cause them trouble."
In addition, Noles said that although undocumented workers do not officially pay income taxes, employers are able to legally deduct taxes from their books. Area businesses also benefit from having more people buying more products.
"You also have to think of the huge impact they’ve had on our economy when they arrived here," Noles was quoted as saying in the Cullman Times. "They buy gas, pay rent, buy groceries and a lot of other things. Sure they send money home, but they have to live while they’re here and they spend a lot of money to do that."
They also attend church.
Bishop William Willimon, of the North Alabama Conference of the United Methodist Church, told The Christian Post Sept. 29 that when Republican Gov. Robert Bentley signed the bill into law in June, the impact was felt immediately in some churches.
"We were concerned. The minute the law was passed I started hearing from pastors," Willimon said.
"One of our congregations, the Sunday after this was passed, had a 50 percent drop in attendance," he said.
And then there is David Morales. Caught in the middle of the whirlwind of immigration legislation, the 19-year-old is currently living in Utah and awaiting his Dec. 8 trial, which will determine whether or not he can stay in the country where his family lives on a working permit good for one year, Morales told CP today. After that, he will have to keep re-applying for one-year permits in order to be in the U.S. legally until he is eligible for American citizenship.
If he is denied the working permit, Morales will ask to leave the U.S. voluntarily in order to avoid being deported, which will mean he will have to wait at least ten years before being allowed back in the country.
The setbacks have forced Morales to put his Bible college plans on hold for the time being. Oval Bible College in Louisiana does not accept undocumented students and Utah-area Bible colleges are reluctant to accept him due to his recent media exposure, Morales said.
Such is the bureaucratic process for Mexico-born, American-raised teenager who wants to be a pastor.
However, despite the setbacks, Morales has turned the negatives into a positive. He is currently attending his first semester at Salt Lake Community College and considering majoring in Sociology. He has also become heavily involved in the movement to get the DREAM Act passed by speaking out at schools and churches.
At a rally in Salt Lake City last month, Morales spoke to DREAM supporters about his and many others' experiences with U.S. Immigrations and Customs Enforcement (ICE), KSL.com reported.
"What ICE is doing is wrong," he told the crowd. "What I had to go through was wrong. (It is) wrong for any hardworking American to live through what I went through."
But Morales and other DREAMers, as they like to be called, are getting their voices heard.
"Many are rising out of the shadows and raising their voices and saying we will no longer stand in silence," Morales said. "We are undocumented, unafraid and unapologetic."
"In a way, I'm glad I went to jail because I have been able to meet so many DREAMers," he told CP, adding that he has been able to assist many immigrants who do not know where to go or are just too afraid to find out.
"People who are afraid to talk, I can be a voice for them," he added.
Meanwhile, the Obama administration is expected to deport nearly half-a-million undocumented people this year – the most ever in a single year, the AFP reported. But Morales, who has not given up his dreams of attending Bible college to become a pastor, believes people should continue living their lives and not let the fear of deportation prevent them from living their lives or attending church.
"I don't think people should be afraid. If God brought us here to this country, it's for a reason," Morales said. "God has control over everything, so people should not be afraid of congregating…but we should pray."
Morales' optimism and faith leads him to believe that the legal threats undocumented people are facing will soon end.
"Something has to happen. This can't go on forever. We're not sitting still."
http://global.christianpost.com/news/aspiring-pastor-at-risk-of-deportation-speaks-out-for-immigrant-rights-and-keeping-faith-57505/
Friday, July 29, 2011
Deportation policies debated in Charlotte case
By BERTRAND M. GUTIERREZ
Winston Salem Journal
Published: July 24, 2011
Erick Velazquillo, who was brought by his parents illegally into the United States from Mexico when he was 2, will not be deported.
Not for now.
At an immigration court hearing last week in Charlotte, Velazquillo, 22, heard that his deportation proceeding would be continued until Sept. 6, a request submitted by his attorney.
The continuance merely delays the possibility that Velazquillo might be deported. What he really wants is deferred action, a measure that immigration officials can exercise in certain cases to halt deportation proceedings, said Domenic Powell, one of the founders of the Dream Team, a Charlotte-based immigrant advocacy group.
"It is like living in the United States on probation," Powell said. "It gives him more time to find a path to legalization."
Because Velazquillo has graduated from high school, received an associate degree from a community college and has no criminal record except for some vehicular violations, according to his attorney, his case has become a testing ground for a shift in focus recently set forth by John Morton, director of U.S. Immigration and Customs Enforcement.
In a letter dated June 17, Morton advised the agency's field office directors, special agents and chief counsel to concentrate more on deporting those who are threats to national security and public safety.
"Because the agency is confronted with more administrative violations than its resources can address, the agency must regularly exercise 'prosecutorial discretion' if it is to prioritize its efforts," Morton said in the letter.
"When ICE favorably exercises prosecutorial discretion, it essentially decides not to assert the full scope of the enforcement authority available to the agency in a given case," he said.
Nearly half of the immigrants processed by an immigration court in the United States were not convicted of criminal offenses, according to statistics provided by ICE officials for federal fiscal year 2011, which started Oct. 1.
From that date to July 4, ICE has removed 289,386 immigrants. Of that number, 148,182 were convicted criminals and 141,204 were noncriminal immigration violators, according to ICE officials. Being in the U.S. without authorization is a civil offense, not a criminal one.
Through the Atlanta regional hub, which includes Georgia, North Carolina and South Carolina, ICE has removed 16,978 immigrants during the same period. Of that number, 10,518 were convicted criminals and 6,460 were noncriminal immigration violators.
Morton's letter to his field offices suggests that the number of criminal cases should increase more than noncriminal cases, such as Velazquillo's. Instead, priority should be given to cases involving threats to national security and public safety, the letter said. In fact, Morton listed several factors that ICE officials can weigh while exercising prosecutorial discretion.
Among them are "the circumstances of the person's arrival in the United States and the manner of his or her entry, particularly if the alien came to the United States as a young child."
In addition, ICE officials may consider "the person's pursuit of education in the United States, with particular consideration given to those who have graduated from a U.S. high school or have successfully pursued or are pursuing a college or advanced degrees at a legitimate institution of higher education in the United States."
Velazquillo, who has lived in the United States for 20 years, has gotten an associate of arts degree from Central Piedmont Community College and has an acceptance letter from UNC Charlotte.
* * * * *
Velazquillo's deportation proceedings began in October, when he was going home from a gym in Matthews. A police officer stopped him for driving with high beams on.
Velazquillo was arrested on charges that he was driving with an expired license, among other vehicular infractions, which have been resolved.
In immigration court this week, his attorney asked for the continuance of the deportation proceedings because his attorney wants more time for Velazquillo to gain legal status.
"It's upsetting. It's kind of hard not to know what your future will be, but we're going to keep on fighting. We have to," Velazquillo said.
In the lead-up to the court hearing, the NAACP sided with the Dream Team to support Velazquillo.
"Whenever anyone attacks our Latino and undocumented brothers and sisters, they attack our NAACP members; they attack all people of color; and they attack all people of good will who believe we must repair the breach in the human race caused by racism, not widen it," said the Rev. William Barber, who is the president of North Carolina's NAACP.
He also urged the two U.S. senators from North Carolina, Richard Burr and Kay Hagan, to intervene on Velazquillo's behalf.
"I am not aware of any attempt by Mr. Velazquillo to contact Senator Burr's office for assistance, but regardless, the senator and his staff are unable to interfere with ongoing legal proceedings," David Ward, a spokesman for Burr, a Republican, said in an email.
A spokesman for Hagan, a Democrat, said the senator does not comment on specific cases. But a recent letter dated July 15 obtained by the Winston-Salem Journal from Hagan to Morton, the ICE director, does shed light on her stance regarding prosecutorial discretion and seems to support Velazquillo's case.
"I … urge the agency to focus its limited resources on individuals who pose a risk to national security or public safety and to use discretion in expending precious resources on individuals who may fall within the guidelines put forward in your memo, which include criteria such as strong family and community ties, no criminal record, a history of sustained pursuit of education, and entry into this country at an age that suggests the decision to enter was controlled by others," Hagan said in the letter.
* * * * *
Velazquillo's case highlights the complex nature of the immigration issue in the United States. There are an estimated 11.2 million immigrants who are not authorized to be in the United States, according to the Pew Hispanic Center.
While there is agreement about enforcing border security, different opinions exist on what to do with those who are already in the United States — particularly those who, like Velazquillo, played no part in the initial decision of entering the country.
One of the possible remedies is legislation commonly known as the Dream Act, or the Development, Relief and Education for Alien Minors Act of 2011.
The federal proposal would give conditional permanent residency to immigrants who entered the United States illegally on or before his 15th birthday, have not been convicted of certain offenses under federal or state law, have been admitted to an institution of higher education in the United States or earned a high school diploma or general education development certificate.
Hagan and Burr have opposed similar legislation.
James Carafano, a homeland-security expert for the Washington-based Heritage Foundation, said the legislation is bad policy.
"It basically incentivizes people to do illegal activity. Everybody is dissatisfied with the unlawful population in the United States, and I don't understand why people want to pass a law which essentially encourages people to do exactly the same thing," he said.
The Immigration Reform and Control Act of 1986, which was enacted under the Reagan administration, gave amnesty to about 3 million people.
And that did not work, he said.
"Every modern country that has tried an amnesty as a solution to immigration reform has found that this only incentivizes more illegal entry and unlawful presence. How many times do you have to go down this road to find out that as a public policy it just doesn't work?" Carafano asked.
Velazquillo's situation, or similar ones involving immigrants who were brought to the United States at a young age by their parents, does not present a compelling case for the Dream Act, according to Carafano.
"We didn't create the situation," he said. "Their parents did."
Dan Griswold, a trade and immigration expert at the Cato Institute, disagreed with that point of view.
"The Dream Act makes the best of a bad situation. These kids came here through no fault of their own. They were just obeying and following their parents.
"By definition, they have assimilated. They were here during their teen years. They speak English fluently. They're headed off to college or military service. It's a virtually zero-risk, high payoff group of potential legal immigrants. We should embrace them as workers and future American citizens," Griswold said.
http://www2.journalnow.com/news/2011/jul/24/wsmet01-deportation-policies-debated-in-charlotte--ar-1234115/
Winston Salem Journal
Published: July 24, 2011
Erick Velazquillo, who was brought by his parents illegally into the United States from Mexico when he was 2, will not be deported.
Not for now.
At an immigration court hearing last week in Charlotte, Velazquillo, 22, heard that his deportation proceeding would be continued until Sept. 6, a request submitted by his attorney.
The continuance merely delays the possibility that Velazquillo might be deported. What he really wants is deferred action, a measure that immigration officials can exercise in certain cases to halt deportation proceedings, said Domenic Powell, one of the founders of the Dream Team, a Charlotte-based immigrant advocacy group.
"It is like living in the United States on probation," Powell said. "It gives him more time to find a path to legalization."
Because Velazquillo has graduated from high school, received an associate degree from a community college and has no criminal record except for some vehicular violations, according to his attorney, his case has become a testing ground for a shift in focus recently set forth by John Morton, director of U.S. Immigration and Customs Enforcement.
In a letter dated June 17, Morton advised the agency's field office directors, special agents and chief counsel to concentrate more on deporting those who are threats to national security and public safety.
"Because the agency is confronted with more administrative violations than its resources can address, the agency must regularly exercise 'prosecutorial discretion' if it is to prioritize its efforts," Morton said in the letter.
"When ICE favorably exercises prosecutorial discretion, it essentially decides not to assert the full scope of the enforcement authority available to the agency in a given case," he said.
Nearly half of the immigrants processed by an immigration court in the United States were not convicted of criminal offenses, according to statistics provided by ICE officials for federal fiscal year 2011, which started Oct. 1.
From that date to July 4, ICE has removed 289,386 immigrants. Of that number, 148,182 were convicted criminals and 141,204 were noncriminal immigration violators, according to ICE officials. Being in the U.S. without authorization is a civil offense, not a criminal one.
Through the Atlanta regional hub, which includes Georgia, North Carolina and South Carolina, ICE has removed 16,978 immigrants during the same period. Of that number, 10,518 were convicted criminals and 6,460 were noncriminal immigration violators.
Morton's letter to his field offices suggests that the number of criminal cases should increase more than noncriminal cases, such as Velazquillo's. Instead, priority should be given to cases involving threats to national security and public safety, the letter said. In fact, Morton listed several factors that ICE officials can weigh while exercising prosecutorial discretion.
Among them are "the circumstances of the person's arrival in the United States and the manner of his or her entry, particularly if the alien came to the United States as a young child."
In addition, ICE officials may consider "the person's pursuit of education in the United States, with particular consideration given to those who have graduated from a U.S. high school or have successfully pursued or are pursuing a college or advanced degrees at a legitimate institution of higher education in the United States."
Velazquillo, who has lived in the United States for 20 years, has gotten an associate of arts degree from Central Piedmont Community College and has an acceptance letter from UNC Charlotte.
* * * * *
Velazquillo's deportation proceedings began in October, when he was going home from a gym in Matthews. A police officer stopped him for driving with high beams on.
Velazquillo was arrested on charges that he was driving with an expired license, among other vehicular infractions, which have been resolved.
In immigration court this week, his attorney asked for the continuance of the deportation proceedings because his attorney wants more time for Velazquillo to gain legal status.
"It's upsetting. It's kind of hard not to know what your future will be, but we're going to keep on fighting. We have to," Velazquillo said.
In the lead-up to the court hearing, the NAACP sided with the Dream Team to support Velazquillo.
"Whenever anyone attacks our Latino and undocumented brothers and sisters, they attack our NAACP members; they attack all people of color; and they attack all people of good will who believe we must repair the breach in the human race caused by racism, not widen it," said the Rev. William Barber, who is the president of North Carolina's NAACP.
He also urged the two U.S. senators from North Carolina, Richard Burr and Kay Hagan, to intervene on Velazquillo's behalf.
"I am not aware of any attempt by Mr. Velazquillo to contact Senator Burr's office for assistance, but regardless, the senator and his staff are unable to interfere with ongoing legal proceedings," David Ward, a spokesman for Burr, a Republican, said in an email.
A spokesman for Hagan, a Democrat, said the senator does not comment on specific cases. But a recent letter dated July 15 obtained by the Winston-Salem Journal from Hagan to Morton, the ICE director, does shed light on her stance regarding prosecutorial discretion and seems to support Velazquillo's case.
"I … urge the agency to focus its limited resources on individuals who pose a risk to national security or public safety and to use discretion in expending precious resources on individuals who may fall within the guidelines put forward in your memo, which include criteria such as strong family and community ties, no criminal record, a history of sustained pursuit of education, and entry into this country at an age that suggests the decision to enter was controlled by others," Hagan said in the letter.
* * * * *
Velazquillo's case highlights the complex nature of the immigration issue in the United States. There are an estimated 11.2 million immigrants who are not authorized to be in the United States, according to the Pew Hispanic Center.
While there is agreement about enforcing border security, different opinions exist on what to do with those who are already in the United States — particularly those who, like Velazquillo, played no part in the initial decision of entering the country.
One of the possible remedies is legislation commonly known as the Dream Act, or the Development, Relief and Education for Alien Minors Act of 2011.
The federal proposal would give conditional permanent residency to immigrants who entered the United States illegally on or before his 15th birthday, have not been convicted of certain offenses under federal or state law, have been admitted to an institution of higher education in the United States or earned a high school diploma or general education development certificate.
Hagan and Burr have opposed similar legislation.
James Carafano, a homeland-security expert for the Washington-based Heritage Foundation, said the legislation is bad policy.
"It basically incentivizes people to do illegal activity. Everybody is dissatisfied with the unlawful population in the United States, and I don't understand why people want to pass a law which essentially encourages people to do exactly the same thing," he said.
The Immigration Reform and Control Act of 1986, which was enacted under the Reagan administration, gave amnesty to about 3 million people.
And that did not work, he said.
"Every modern country that has tried an amnesty as a solution to immigration reform has found that this only incentivizes more illegal entry and unlawful presence. How many times do you have to go down this road to find out that as a public policy it just doesn't work?" Carafano asked.
Velazquillo's situation, or similar ones involving immigrants who were brought to the United States at a young age by their parents, does not present a compelling case for the Dream Act, according to Carafano.
"We didn't create the situation," he said. "Their parents did."
Dan Griswold, a trade and immigration expert at the Cato Institute, disagreed with that point of view.
"The Dream Act makes the best of a bad situation. These kids came here through no fault of their own. They were just obeying and following their parents.
"By definition, they have assimilated. They were here during their teen years. They speak English fluently. They're headed off to college or military service. It's a virtually zero-risk, high payoff group of potential legal immigrants. We should embrace them as workers and future American citizens," Griswold said.
http://www2.journalnow.com/news/2011/jul/24/wsmet01-deportation-policies-debated-in-charlotte--ar-1234115/
Monday, May 23, 2011
Activists to Obama: Where’s the Executive Order for DREAMers?
by Asraa Mustufa
Colorlines
Monday, May 23 2011
While the DREAM Act was reintroduced earlier this month, advocates are pushing for President Obama to issue an executive order to halt deportations of youth that would be eligible for the bill until the act can be voted on and hopefully passed. The group Presente offers some perspective with their list for Top 6 Executive Orders in History. The list reminds us of instances when presidents have intervened during critical times of change or reform in our country. Many of the executive orders included were made to ensure compliance with the federal government on issues of civil rights.
President Lyndon B. Johnson’s Executive Order 11246 banned discrimination in federal employment.
Johnson’s executive order supplemented an earlier one by President John F. Kennedy, which affirmed equal opportunity in the government.
FDR’s creation of the Works Progress Administration during the Great Depression provided millions of jobs through public works projects.
President Dwight D. Eisenhower’s order to dispatch federal troops to Little Rock, Arkansas to ensure that nine black students could safely attend a desegregated school there.
The Emancipation Proclamation itself, which freed all slaves in states that had seceded.
Presente topped their list with the hope that Obama will halt deportations of DREAMers through an executive order. Obama has expressed strong verbal support for the DREAM Act, saying “It is not only the right thing to do for talent young people who seek to serve a country they know as their own, it is the right thing for the United States of America” and calling its failure in December “heartbreaking.” But he has not been forthright about his powers in preventing deportations, including those of youth eligible for the DREAM Act. Following the President’s speech on immigration reform earlier this month, Rinku Sen wrote for Colorlines, “Obama could take full advantage of the moment by making a range of decisions that don’t require congressional action… If he acknowledged that the bipartisan moment on this issue has largely passed us by, he might use his executive power to make regulatory and administrative changes that could, for example, ease family unification, or stop the deportations of DREAM Act eligible students, or prevent the deportations of parents of U.S. citizens.”
Twenty-two senators have also asked Obama to defer action for undocumented immigrant youth who would have qualified for the bill, outlining several options to deal with the thousands of eligible students whose futures are in limbo while the bill makes its rounds in Congress again. Presente is circulating a petition asking the President to stop deporting DREAMers.
http://colorlines.com/archives/2011/05/presente_top_executive_orders.html
Colorlines
Monday, May 23 2011
While the DREAM Act was reintroduced earlier this month, advocates are pushing for President Obama to issue an executive order to halt deportations of youth that would be eligible for the bill until the act can be voted on and hopefully passed. The group Presente offers some perspective with their list for Top 6 Executive Orders in History. The list reminds us of instances when presidents have intervened during critical times of change or reform in our country. Many of the executive orders included were made to ensure compliance with the federal government on issues of civil rights.
President Lyndon B. Johnson’s Executive Order 11246 banned discrimination in federal employment.
Johnson’s executive order supplemented an earlier one by President John F. Kennedy, which affirmed equal opportunity in the government.
FDR’s creation of the Works Progress Administration during the Great Depression provided millions of jobs through public works projects.
President Dwight D. Eisenhower’s order to dispatch federal troops to Little Rock, Arkansas to ensure that nine black students could safely attend a desegregated school there.
The Emancipation Proclamation itself, which freed all slaves in states that had seceded.
Presente topped their list with the hope that Obama will halt deportations of DREAMers through an executive order. Obama has expressed strong verbal support for the DREAM Act, saying “It is not only the right thing to do for talent young people who seek to serve a country they know as their own, it is the right thing for the United States of America” and calling its failure in December “heartbreaking.” But he has not been forthright about his powers in preventing deportations, including those of youth eligible for the DREAM Act. Following the President’s speech on immigration reform earlier this month, Rinku Sen wrote for Colorlines, “Obama could take full advantage of the moment by making a range of decisions that don’t require congressional action… If he acknowledged that the bipartisan moment on this issue has largely passed us by, he might use his executive power to make regulatory and administrative changes that could, for example, ease family unification, or stop the deportations of DREAM Act eligible students, or prevent the deportations of parents of U.S. citizens.”
Twenty-two senators have also asked Obama to defer action for undocumented immigrant youth who would have qualified for the bill, outlining several options to deal with the thousands of eligible students whose futures are in limbo while the bill makes its rounds in Congress again. Presente is circulating a petition asking the President to stop deporting DREAMers.
http://colorlines.com/archives/2011/05/presente_top_executive_orders.html
Monday, May 16, 2011
Student reluctant immigration symbol; Debate over education rights of immigrants
By Kate Brumback
The Associated Press
May 14, 2011
ATLANTA — Jessica Colotl has always tried to keep a low profile — obeying the speed limit, making sure her lights work properly — knowing that a brush with law enforcement could lead to her deportation and cost her a college diploma.
After a few close calls, her fears were realized last spring, when she was stopped for a minor traffic violation, charged with driving without a license and turned over to immigration authorities. She spent 37 days in a detention center in Alabama before they let her out and said they would give her a year to finish her studies at Kennesaw State University.
Before her arrest, Colotl had revealed her immigration status only to her closest friends. In the five weeks she was held last spring, her sorority sisters marched to have her freed, her case went viral and she was thrust into the national spotlight.
She emerged a reluctant symbol, seized upon by both sides of the debate over illegal immigration.
"It was a very beautiful and scary case at the same time," said Georgina Perez, who was brought here illegally as a young child, as was Colotl. "When they let her go, we were all so happy. But then when I saw how the anti-immigrant people went after her, I became scared."
Advocates for tighter restrictions on illegal immigrants argued in letters to the editor and complaints to the Georgia university system that illegal immigrants like Colotl shouldn't be allowed to attend state schools and should be deported.
"I think it's grossly unfair to the real immigrants who have followed the rules to come here legally," said D.A. King, founder of the Dustin Inman Society, which advocates stricter enforcement of immigration laws.
Through it all, the soft-spoken Colotl has been left wondering, "Why me?"
"I don't like it at all," she said of the intense scrutiny she's endured. "I've never liked to be the center of attention, especially for a controversial issue."
Colotl, 22, is among hundreds of thousands of young people who have been brought into the U.S. illegally by their parents. Many hold out hope that Congress will eventually provide a path to legalization for certain illegal immigrants brought here as children.
Groups of illegal immigrant students have come out around the country over the past year, staging high-profile actions designed to draw attention to their plight and urge lawmakers to act. Last month, Perez was one of seven illegal immigrant youths who demanded greater access to higher education by sitting down in an Atlanta street blocking traffic until police arrested them.
Unlike the students who have revealed their illegal status voluntarily, Colotl didn't choose to go public. She supports their actions, she said, but has been too busy with school and her sorority to participate.
"I know a lot of people in the community sometimes wish she would come out more, but it's completely understandable with everything she's been through that she doesn't want to," Perez said.
Colotl's case sparked public concerns that Georgia state colleges and universities were being overrun by illegal immigrants, that taxpayers were subsidizing their education and legal residents were being displaced. Yet a study conducted by the university system's Board of Regents found that less than 1 percent of the state's public college students were illegal immigrants, and that students who pay out-of-state tuition — which illegal immigrants are required to do — more than pay for their education.
The board implemented a new policy in October barring any school that has rejected academically qualified applicants in the previous two years from accepting illegal immigrants. State lawmakers tried to go a step farther, introducing an ultimately unsuccessful bill that would have prohibited all of Georgia's state colleges and universities from admitting illegal immigrants.
King, an ardent supporter of that bill, said he used Colotl's case last year to file a complaint against the Board of Regents. Young people like Colotl who were brought here by their parents present a sympathetic case, he said, but he blames their parents for their situation.
"I think Jessica Colotl should have been deported last year as an example to the parents who are shamelessly bringing their children into this country," he said.
Colotl's parents brought her from Puebla, Mexico, to the U.S. when she was 11. She completed high school in Georgia and went on to Kennesaw State, where she's set to graduate Wednesday with a major in political science with a legal studies concentration and minor in French.
She very nearly missed out on walking in cap and gown — her one-year reprieve was extended for another year last week, days before it was to expire. Now she hopes to become an immigration lawyer.
While she didn't invite the spotlight, Colotl still feels it's had a positive effect.
"I have a few friends who were completely against immigration of any kind, and when they read about my story, they changed their minds and a lot of them told me, 'We were not right in our opinions, and I appreciate you for educating me on this subject,'" she said.
She's also been contacted by some illegal immigrant high school students who are inspired by her case.
"That has been the most rewarding part of everything, that other students see this struggle as motivation to keep fighting and to get a higher education," she said.
Despite all her troubles over the past year, Colotl doesn't regret her parents' decision to bring her here.
"I would never dare to blame them for trying to give me a better life," she said.
http://www.reporternews.com/news/2011/may/14/student-reluctant-immigration-symbol/
The Associated Press
May 14, 2011
ATLANTA — Jessica Colotl has always tried to keep a low profile — obeying the speed limit, making sure her lights work properly — knowing that a brush with law enforcement could lead to her deportation and cost her a college diploma.
After a few close calls, her fears were realized last spring, when she was stopped for a minor traffic violation, charged with driving without a license and turned over to immigration authorities. She spent 37 days in a detention center in Alabama before they let her out and said they would give her a year to finish her studies at Kennesaw State University.
Before her arrest, Colotl had revealed her immigration status only to her closest friends. In the five weeks she was held last spring, her sorority sisters marched to have her freed, her case went viral and she was thrust into the national spotlight.
She emerged a reluctant symbol, seized upon by both sides of the debate over illegal immigration.
"It was a very beautiful and scary case at the same time," said Georgina Perez, who was brought here illegally as a young child, as was Colotl. "When they let her go, we were all so happy. But then when I saw how the anti-immigrant people went after her, I became scared."
Advocates for tighter restrictions on illegal immigrants argued in letters to the editor and complaints to the Georgia university system that illegal immigrants like Colotl shouldn't be allowed to attend state schools and should be deported.
"I think it's grossly unfair to the real immigrants who have followed the rules to come here legally," said D.A. King, founder of the Dustin Inman Society, which advocates stricter enforcement of immigration laws.
Through it all, the soft-spoken Colotl has been left wondering, "Why me?"
"I don't like it at all," she said of the intense scrutiny she's endured. "I've never liked to be the center of attention, especially for a controversial issue."
Colotl, 22, is among hundreds of thousands of young people who have been brought into the U.S. illegally by their parents. Many hold out hope that Congress will eventually provide a path to legalization for certain illegal immigrants brought here as children.
Groups of illegal immigrant students have come out around the country over the past year, staging high-profile actions designed to draw attention to their plight and urge lawmakers to act. Last month, Perez was one of seven illegal immigrant youths who demanded greater access to higher education by sitting down in an Atlanta street blocking traffic until police arrested them.
Unlike the students who have revealed their illegal status voluntarily, Colotl didn't choose to go public. She supports their actions, she said, but has been too busy with school and her sorority to participate.
"I know a lot of people in the community sometimes wish she would come out more, but it's completely understandable with everything she's been through that she doesn't want to," Perez said.
Colotl's case sparked public concerns that Georgia state colleges and universities were being overrun by illegal immigrants, that taxpayers were subsidizing their education and legal residents were being displaced. Yet a study conducted by the university system's Board of Regents found that less than 1 percent of the state's public college students were illegal immigrants, and that students who pay out-of-state tuition — which illegal immigrants are required to do — more than pay for their education.
The board implemented a new policy in October barring any school that has rejected academically qualified applicants in the previous two years from accepting illegal immigrants. State lawmakers tried to go a step farther, introducing an ultimately unsuccessful bill that would have prohibited all of Georgia's state colleges and universities from admitting illegal immigrants.
King, an ardent supporter of that bill, said he used Colotl's case last year to file a complaint against the Board of Regents. Young people like Colotl who were brought here by their parents present a sympathetic case, he said, but he blames their parents for their situation.
"I think Jessica Colotl should have been deported last year as an example to the parents who are shamelessly bringing their children into this country," he said.
Colotl's parents brought her from Puebla, Mexico, to the U.S. when she was 11. She completed high school in Georgia and went on to Kennesaw State, where she's set to graduate Wednesday with a major in political science with a legal studies concentration and minor in French.
She very nearly missed out on walking in cap and gown — her one-year reprieve was extended for another year last week, days before it was to expire. Now she hopes to become an immigration lawyer.
While she didn't invite the spotlight, Colotl still feels it's had a positive effect.
"I have a few friends who were completely against immigration of any kind, and when they read about my story, they changed their minds and a lot of them told me, 'We were not right in our opinions, and I appreciate you for educating me on this subject,'" she said.
She's also been contacted by some illegal immigrant high school students who are inspired by her case.
"That has been the most rewarding part of everything, that other students see this struggle as motivation to keep fighting and to get a higher education," she said.
Despite all her troubles over the past year, Colotl doesn't regret her parents' decision to bring her here.
"I would never dare to blame them for trying to give me a better life," she said.
http://www.reporternews.com/news/2011/may/14/student-reluctant-immigration-symbol/
Thursday, May 12, 2011
Obama, stop deportations of DREAM students
May 12, 2011
For nearly two decades I've called the United States of America my home. I emigrated from Ecuador with my family, grew up in Miami and attended public schools, where I was a high-achieving student who eventually made it to college. I am also an undocumented immigrant.
It was at Miami Dade College -- the same institution of higher learning that President Barack Obama mentioned several times in his El Paso, Texas, speech on immigration -- that I gave a commencement speech to my class back in 2006. I could have been sitting next to him during the commencement (he was the speaker there last month), if I had graduated a few years later. At Miami Dade, I was active not only as student government president at one of its eight campuses, but also as the Student Body Association president of the entire community college system in Florida.
I would have never been able to achieve positions of leadership were it not for the brave decision my parents made one day to come to the United States. It was an incredibly hard decision for them, as it is for anyone to leave family, language and everything they know, to take a chance at the American dream.
President Obama was correct to say the issue of immigration "often elicits strong emotions." It's hard to understand why a family would risk so much to obtain so little. And while it's important to practice compassion, too often the rhetoric becomes hateful, as we have witnessed with the recent SB1070 law in Arizona and its copycats in other states. Sometimes it provokes violence.
In the middle of this divisiveness, there can be hope. But only when politicians, who talk about the broken immigration system and their attempts to reform it, follow their words with actions.
Last year was a year of incomplete actions. When the DREAM Act was finally brought to debate in Congress, it fell five votes short of the 60 needed to end a Republican filibuster. The act would allow people brought into the United States as children to earn legal status by attending college or serving in the military.
On Tuesday, President Obama blamed Republicans for inaction on immigration reform, yet there were five Democrats who could have saved the DREAM Act and didn't. Both Republican and Democratic senators are at fault for this failure.
We are a nation of immigrants, a nation that dreams, a nation that elects one person out of the many, the president, to guide Congress toward the changes he promised.
We live in a democracy that has three branches of government; I learned that early on in my civics class. Although Congress holds the power to write laws, the executive branch also has power. President Obama has the executive power to stop deportations.
When he spoke about democracy, I remembered the past leaders who upheld those very principles and used their administrative power to grant people relief.
Before 1990, attorneys general had the authority to temporarily suspend the deportations of people of particular countries. More recently, President Bush used his discretionary powers to defer the deportation of undocumented immigrant spouses of military soldiers. Both were reasonable actions that did not threaten our democracy.
Today, it's a real threat to our democracy when police officials start acting like immigration officers, pushing 11 million people who already live in the shadows into greater fear. They are already too frightened to call the authorities when problems arise. To use our resources to deport talented youth, and separate mothers and fathers from their citizen children, is simply un-American.
Given the harsh political climate, immigration reform and the DREAM Act will be difficult to discuss, but we are ready to organize again.
We know President Obama supports immigration reform. We know he supports the DREAM Act. That's not in question. We need him to use his executive power to stop deportations of youths eligible for the DREAM Act, keeping families together until Congress is able to put its differences aside and acknowledge that we are part of the future of our great country.
Youth like myself are not alone in this plea. Last month, 22 Democratic senators sent a letter asking the president to use executive power to stop deportation of DREAM Act students. Just two weeks ago, the American Immigration Council released a memo by two former general counsels for the Immigration and Naturalization Service that outlined the president's authority to grant administrative relief.
He should listen, and act.
The opinions expressed in this commentary are solely those of Gaby Pacheco.
http://edition.cnn.com/2011/OPINION/05/10/pacheco.immigration.dream
For nearly two decades I've called the United States of America my home. I emigrated from Ecuador with my family, grew up in Miami and attended public schools, where I was a high-achieving student who eventually made it to college. I am also an undocumented immigrant.
It was at Miami Dade College -- the same institution of higher learning that President Barack Obama mentioned several times in his El Paso, Texas, speech on immigration -- that I gave a commencement speech to my class back in 2006. I could have been sitting next to him during the commencement (he was the speaker there last month), if I had graduated a few years later. At Miami Dade, I was active not only as student government president at one of its eight campuses, but also as the Student Body Association president of the entire community college system in Florida.
I would have never been able to achieve positions of leadership were it not for the brave decision my parents made one day to come to the United States. It was an incredibly hard decision for them, as it is for anyone to leave family, language and everything they know, to take a chance at the American dream.
President Obama was correct to say the issue of immigration "often elicits strong emotions." It's hard to understand why a family would risk so much to obtain so little. And while it's important to practice compassion, too often the rhetoric becomes hateful, as we have witnessed with the recent SB1070 law in Arizona and its copycats in other states. Sometimes it provokes violence.
In the middle of this divisiveness, there can be hope. But only when politicians, who talk about the broken immigration system and their attempts to reform it, follow their words with actions.
Last year was a year of incomplete actions. When the DREAM Act was finally brought to debate in Congress, it fell five votes short of the 60 needed to end a Republican filibuster. The act would allow people brought into the United States as children to earn legal status by attending college or serving in the military.
On Tuesday, President Obama blamed Republicans for inaction on immigration reform, yet there were five Democrats who could have saved the DREAM Act and didn't. Both Republican and Democratic senators are at fault for this failure.
We are a nation of immigrants, a nation that dreams, a nation that elects one person out of the many, the president, to guide Congress toward the changes he promised.
We live in a democracy that has three branches of government; I learned that early on in my civics class. Although Congress holds the power to write laws, the executive branch also has power. President Obama has the executive power to stop deportations.
When he spoke about democracy, I remembered the past leaders who upheld those very principles and used their administrative power to grant people relief.
Before 1990, attorneys general had the authority to temporarily suspend the deportations of people of particular countries. More recently, President Bush used his discretionary powers to defer the deportation of undocumented immigrant spouses of military soldiers. Both were reasonable actions that did not threaten our democracy.
Today, it's a real threat to our democracy when police officials start acting like immigration officers, pushing 11 million people who already live in the shadows into greater fear. They are already too frightened to call the authorities when problems arise. To use our resources to deport talented youth, and separate mothers and fathers from their citizen children, is simply un-American.
Given the harsh political climate, immigration reform and the DREAM Act will be difficult to discuss, but we are ready to organize again.
We know President Obama supports immigration reform. We know he supports the DREAM Act. That's not in question. We need him to use his executive power to stop deportations of youths eligible for the DREAM Act, keeping families together until Congress is able to put its differences aside and acknowledge that we are part of the future of our great country.
Youth like myself are not alone in this plea. Last month, 22 Democratic senators sent a letter asking the president to use executive power to stop deportation of DREAM Act students. Just two weeks ago, the American Immigration Council released a memo by two former general counsels for the Immigration and Naturalization Service that outlined the president's authority to grant administrative relief.
He should listen, and act.
The opinions expressed in this commentary are solely those of Gaby Pacheco.
http://edition.cnn.com/2011/OPINION/05/10/pacheco.immigration.dream
Wednesday, May 4, 2011
Colotl allowed to remain in U.S. for another year
By Laura Diamond
The Atlanta Journal-Constitution
Tuesday, May 3, 2011
As Jessica Colotl sat in a classroom taking a final exam at Kennesaw State University Tuesday, federal immigration officials sent word she can remain in the country for another year.
Colotl, an illegal immigrant brought to this country as a child, was nearly deported to Mexico last spring following an arrest for a traffic violation on campus, but the federal government granted her a yearlong deferment so she could complete a degree in political science.
That reprieve was set to expire Thursday.
Colotl is among several illegal immigrant college students across the country who received temporary reprieves in recent weeks, according to published reports. Students living in Connecticut, Florida and Texas saw their deportations halted following a federal review of their cases. Federal immigration officials didn't have statistics on how many deferments occurred recently and wouldn't say if they are part of a conscious effort.
But the decisions follow a political push to suspend deportation of these students and pushback from some groups, who argue students like Colotl occupy space in America's colleges that should go to legal citizens.
On Monday, as Colotl prepared to take her final exams, she said she considers herself an American.
"I think I deserve the right to be recognized as an American on paper because I believe in the American system and I believe in American values," Colotl said. "I am no different than any other American."
On Friday President Obama renewed his support for the DREAM Act, which would provide a path to citizenship for illegal immigrants like Colotl brought to this country as children. They would have to meet several criteria, including completing at least two years of college.
The bill has been introduced in multiple forms over the past decade, but has yet to pass. While it has bi-partisan support, some Republicans blocked it last year.
Supporters say these children have the potential to contribute to this country and should not be punished for their parents' mistakes. Critics say the bill provides amnesty to those who broke the law and that it could increase illegal immigration.
Homeland Security Secretary Janet Napolitano said last month deporting illegal immigrant students is not a high priority for the agency responsible for protecting the nation's borders.
Meanwhile states, including Georgia, are passing their own laws. Georgia lawmakers debated a bill to ban illegal immigrants from all public colleges but it did not pass.
That bill will be re-introduced, said Sen. Don Balfour, R-Snellville. He doubted the DREAM Act would become a reality.
"The DREAM is literally a dream and it's time for the federal government to follow the law," Balfour said. "I'm happy she's finally filing paperwork and following legal channels now, but let's not forget that the law is the law."
The deferment means Colotl can walk at graduation May 11. She picked up her cap and gown, but hasn't allowed herself to try it on yet.
She wants to remain in Georgia permanently. She plans to work at a law firm next year and then go to law school. Her deferment, which came as a surprise to her attorney Charles Kuck, included a provision that allows her to work, he said. She wants to be an immigration attorney.
Colotl scheduled three finals Tuesday afternoon and could not be reached for comment. She rushed to finish her exams before Thursday, the day her deferment was originally set to expire.
Colotl was 11 when her parents brought her here. Over the past year, the 22-year-old has been in and out of courtrooms and spent 37 days in a detention center.
"It's been a a nightmare and I can't wait until it's over," she said. "I'm a firm believer everything happens for a reason so I'm stuck in this situation and at the end of the day I'm going to see why it really happened to me."
Georgia has long debated illegal immigration and higher education, but Colotl's arrest re-ignited the issue.
There was public outcry that KSU President Daniel Papp spoke to federal officials on her behalf and that the college wrongly charged her in-state tuition. At that time, illegal immigrants were allowed to attend public colleges but were required to pay the higher out-of-state tuition rates.
The regents have since tweaked the policy and illegal immigrants can't attend any college that turns away academically qualified students. This applies to: University of Georgia, Georgia State University, Georgia Tech, Georgia Health Sciences University and Georgia College & State University. Illegal immigrants may attend other colleges, including KSU, provided they pay out-of-state tuition.
Colotl's legal troubles aren't over. Kuck said they will need to request another extension next year and was unsure if she would receive a third one.
"If I'm denied the opportunity to remain in the United States I will still have my education," Colotl said. "No one will be able to take it away from me because that is something I earned myself."
http://www.ajc.com/news/georgia-politics-elections/colotl-allowed-to-remain-934097.html
The Atlanta Journal-Constitution
Tuesday, May 3, 2011
As Jessica Colotl sat in a classroom taking a final exam at Kennesaw State University Tuesday, federal immigration officials sent word she can remain in the country for another year.
Colotl, an illegal immigrant brought to this country as a child, was nearly deported to Mexico last spring following an arrest for a traffic violation on campus, but the federal government granted her a yearlong deferment so she could complete a degree in political science.
That reprieve was set to expire Thursday.
Colotl is among several illegal immigrant college students across the country who received temporary reprieves in recent weeks, according to published reports. Students living in Connecticut, Florida and Texas saw their deportations halted following a federal review of their cases. Federal immigration officials didn't have statistics on how many deferments occurred recently and wouldn't say if they are part of a conscious effort.
But the decisions follow a political push to suspend deportation of these students and pushback from some groups, who argue students like Colotl occupy space in America's colleges that should go to legal citizens.
On Monday, as Colotl prepared to take her final exams, she said she considers herself an American.
"I think I deserve the right to be recognized as an American on paper because I believe in the American system and I believe in American values," Colotl said. "I am no different than any other American."
On Friday President Obama renewed his support for the DREAM Act, which would provide a path to citizenship for illegal immigrants like Colotl brought to this country as children. They would have to meet several criteria, including completing at least two years of college.
The bill has been introduced in multiple forms over the past decade, but has yet to pass. While it has bi-partisan support, some Republicans blocked it last year.
Supporters say these children have the potential to contribute to this country and should not be punished for their parents' mistakes. Critics say the bill provides amnesty to those who broke the law and that it could increase illegal immigration.
Homeland Security Secretary Janet Napolitano said last month deporting illegal immigrant students is not a high priority for the agency responsible for protecting the nation's borders.
Meanwhile states, including Georgia, are passing their own laws. Georgia lawmakers debated a bill to ban illegal immigrants from all public colleges but it did not pass.
That bill will be re-introduced, said Sen. Don Balfour, R-Snellville. He doubted the DREAM Act would become a reality.
"The DREAM is literally a dream and it's time for the federal government to follow the law," Balfour said. "I'm happy she's finally filing paperwork and following legal channels now, but let's not forget that the law is the law."
The deferment means Colotl can walk at graduation May 11. She picked up her cap and gown, but hasn't allowed herself to try it on yet.
She wants to remain in Georgia permanently. She plans to work at a law firm next year and then go to law school. Her deferment, which came as a surprise to her attorney Charles Kuck, included a provision that allows her to work, he said. She wants to be an immigration attorney.
Colotl scheduled three finals Tuesday afternoon and could not be reached for comment. She rushed to finish her exams before Thursday, the day her deferment was originally set to expire.
Colotl was 11 when her parents brought her here. Over the past year, the 22-year-old has been in and out of courtrooms and spent 37 days in a detention center.
"It's been a a nightmare and I can't wait until it's over," she said. "I'm a firm believer everything happens for a reason so I'm stuck in this situation and at the end of the day I'm going to see why it really happened to me."
Georgia has long debated illegal immigration and higher education, but Colotl's arrest re-ignited the issue.
There was public outcry that KSU President Daniel Papp spoke to federal officials on her behalf and that the college wrongly charged her in-state tuition. At that time, illegal immigrants were allowed to attend public colleges but were required to pay the higher out-of-state tuition rates.
The regents have since tweaked the policy and illegal immigrants can't attend any college that turns away academically qualified students. This applies to: University of Georgia, Georgia State University, Georgia Tech, Georgia Health Sciences University and Georgia College & State University. Illegal immigrants may attend other colleges, including KSU, provided they pay out-of-state tuition.
Colotl's legal troubles aren't over. Kuck said they will need to request another extension next year and was unsure if she would receive a third one.
"If I'm denied the opportunity to remain in the United States I will still have my education," Colotl said. "No one will be able to take it away from me because that is something I earned myself."
http://www.ajc.com/news/georgia-politics-elections/colotl-allowed-to-remain-934097.html
Tuesday, April 26, 2011
Deportation Halted for Some Students as Lawmakers Seek New Policy
By JULIA PRESTON
The New York Times
April 26, 2011
Olga Zanella, a Mexican-born college student in Texas, should have started months ago trying to figure out how she could make a life in Mexico, since American immigration authorities were working resolutely to deport her there.
But Ms. Zanella, 20, could not bring herself to make plans. She was paralyzed by fear of a violent country she could not remember, where she had no close family.
Ms. Zanella, who has been living illegally in the United States since her parents brought her here when she was 5, had been trying to fight her deportation for more than two years. She was pulled over by the local police in February 2009 as she was driving in her hometown, Irving, Tex., and did not have a driver’s license. The police handed her over to immigration agents.
Her case looked bleak, but in recent days everything changed. Last Thursday, an Immigration and Customs Enforcement official in Dallas summoned Ms. Zanella and told her she could remain in this country, under the agency’s supervision, if she stayed in school and out of trouble.
Encouraged by the surprising turnaround, Ms. Zanella’s parents and two siblings, who also had been living in the United States illegally, presented papers late Monday to ICE, as the agency is known, turning themselves in and requesting some form of legal immigration status.
“It’s an opportunity we are going to take,” Ms. Zanella said in a telephone interview from Dallas. “It’s better than being in the shadows.”
The about-face by ICE in Ms. Zanella’s case is an example of the kind of action Democratic lawmakers and Latino and immigrant groups have been demanding from the Obama administration to slow deportations of illegal immigrants who have not been convicted of crimes. In particular, pressure is increasing on President Obama to offer protection from deportation to illegal immigrant college students who might have been eligible for legal status under a bill in Congress known as the Dream Act.
In an April 13 letter, the top two Democrats in the Senate, Harry Reid of Nevada and Richard Durbin of Illinois, asked the president to suspend deportations for those students. But short of that, the senators asked Mr. Obama to set guidelines by which those students could come forward individually to ask to be spared deportation and to obtain some authorization to remain in the United States. The letter was signed by 20 other Senate Democrats. The Dream Act passed the House but failed in the Senate in December.
Homeland Security officials have said their focus is increasingly on removing immigrants who are convicted criminals. That, in fact, is what an ICE official told Ms. Zanella in explaining the new decision in her case.
The agent said ICE “was supposed to be concentrating on criminals, not on Dream students,” said Ralph Isenberg, a Dallas businessman who advocates for immigrants and made it his cause to prevent Ms. Zanella from being deported. Mr. Isenberg’s challenges to ICE had kept Ms. Zanella in the country even after the final date for her deportation in February.
“As long as I do well in school and stay out of trouble, I will be out of trouble with ICE,” Ms. Zanella said she was told. She has to report to ICE every month.
ICE officials declined to comment on the case, citing privacy policies.
ICE officials in central Florida recently invited immigration lawyers to bring forward illegal immigrants facing deportation who did not have criminal records, offering provisional authorization for them to remain here and work legally.
On Tuesday, immigration authorities suspended the deportation of Mariano Cardoso, 23, a Mexican student at Capital Community College in Connecticut, according to Senator Richard Blumenthal, a Democrat, who had pressed Mr. Cardoso’s cause. ICE’s decision ended a two-year battle against deportation for Mr. Cardoso.
But nationwide the administration’s deportations policy remains confused and erratically implemented, immigration lawyers said, with many students and immigrants without criminal records being deported.
“The administration needs to make it clear to the public and to the rank and file within ICE that it has a firm and clear policy of enforcing the law within its priorities and discouraging going after cases that are not within its priorities,” said Gregory Chen, director of advocacy for the American Immigration Lawyers Association. “But that is just not happening consistently.”
Ms. Zanella is studying at North Lake College in Irving to become a dentist. The police in Irving never explained why they stopped her and never issued any traffic ticket, Mr. Isenberg said.
ICE agents made no promises to Ms. Zanella’s family. Her father, José Victor Zanella, said: “We are ready to trust in the system.”
http://www.nytimes.com/2011/04/27/us/politics/27immigration.html
The New York Times
April 26, 2011
Olga Zanella, a Mexican-born college student in Texas, should have started months ago trying to figure out how she could make a life in Mexico, since American immigration authorities were working resolutely to deport her there.
But Ms. Zanella, 20, could not bring herself to make plans. She was paralyzed by fear of a violent country she could not remember, where she had no close family.
Ms. Zanella, who has been living illegally in the United States since her parents brought her here when she was 5, had been trying to fight her deportation for more than two years. She was pulled over by the local police in February 2009 as she was driving in her hometown, Irving, Tex., and did not have a driver’s license. The police handed her over to immigration agents.
Her case looked bleak, but in recent days everything changed. Last Thursday, an Immigration and Customs Enforcement official in Dallas summoned Ms. Zanella and told her she could remain in this country, under the agency’s supervision, if she stayed in school and out of trouble.
Encouraged by the surprising turnaround, Ms. Zanella’s parents and two siblings, who also had been living in the United States illegally, presented papers late Monday to ICE, as the agency is known, turning themselves in and requesting some form of legal immigration status.
“It’s an opportunity we are going to take,” Ms. Zanella said in a telephone interview from Dallas. “It’s better than being in the shadows.”
The about-face by ICE in Ms. Zanella’s case is an example of the kind of action Democratic lawmakers and Latino and immigrant groups have been demanding from the Obama administration to slow deportations of illegal immigrants who have not been convicted of crimes. In particular, pressure is increasing on President Obama to offer protection from deportation to illegal immigrant college students who might have been eligible for legal status under a bill in Congress known as the Dream Act.
In an April 13 letter, the top two Democrats in the Senate, Harry Reid of Nevada and Richard Durbin of Illinois, asked the president to suspend deportations for those students. But short of that, the senators asked Mr. Obama to set guidelines by which those students could come forward individually to ask to be spared deportation and to obtain some authorization to remain in the United States. The letter was signed by 20 other Senate Democrats. The Dream Act passed the House but failed in the Senate in December.
Homeland Security officials have said their focus is increasingly on removing immigrants who are convicted criminals. That, in fact, is what an ICE official told Ms. Zanella in explaining the new decision in her case.
The agent said ICE “was supposed to be concentrating on criminals, not on Dream students,” said Ralph Isenberg, a Dallas businessman who advocates for immigrants and made it his cause to prevent Ms. Zanella from being deported. Mr. Isenberg’s challenges to ICE had kept Ms. Zanella in the country even after the final date for her deportation in February.
“As long as I do well in school and stay out of trouble, I will be out of trouble with ICE,” Ms. Zanella said she was told. She has to report to ICE every month.
ICE officials declined to comment on the case, citing privacy policies.
ICE officials in central Florida recently invited immigration lawyers to bring forward illegal immigrants facing deportation who did not have criminal records, offering provisional authorization for them to remain here and work legally.
On Tuesday, immigration authorities suspended the deportation of Mariano Cardoso, 23, a Mexican student at Capital Community College in Connecticut, according to Senator Richard Blumenthal, a Democrat, who had pressed Mr. Cardoso’s cause. ICE’s decision ended a two-year battle against deportation for Mr. Cardoso.
But nationwide the administration’s deportations policy remains confused and erratically implemented, immigration lawyers said, with many students and immigrants without criminal records being deported.
“The administration needs to make it clear to the public and to the rank and file within ICE that it has a firm and clear policy of enforcing the law within its priorities and discouraging going after cases that are not within its priorities,” said Gregory Chen, director of advocacy for the American Immigration Lawyers Association. “But that is just not happening consistently.”
Ms. Zanella is studying at North Lake College in Irving to become a dentist. The police in Irving never explained why they stopped her and never issued any traffic ticket, Mr. Isenberg said.
ICE agents made no promises to Ms. Zanella’s family. Her father, José Victor Zanella, said: “We are ready to trust in the system.”
http://www.nytimes.com/2011/04/27/us/politics/27immigration.html
Sunday, April 17, 2011
Senate Democrats Tell Obama to Hold Off on Deportations of Young Immigrants
Fox News Latino
Published April 17, 2011
Senate Democrats want President Obama to put off deporting young undocumented immigrants who were brought to the United States by parents who overstayed their visas or who entered unlawfully.
The 22 senators who signed the letter suggested smaller steps the president can take to help the young immigrants, such as making sure they know they can request deportation delays.
In the letter sent Wednesday, the senators acknowledge that Obama must enforce the law but say exercising prosecutorial discretion has a long history in the U.S. and is consistent with the rule of law.
Last year, the House passed the DREAM Act, which would have allowed the youths to stay in the U.S. if they came to the United States before the age of 16 and spent at least two years in college or the military.
In his State of the Union in January, Obama said the United States should rethink the practice of deporting young immigrants who have grown up and been educated in the United States.
This is based on a story by The Associated Press.
Read more: http://latino.foxnews.com/latino/politics/2011/04/15/senate-democrats-tell-obama-hold-deportations-young-immigrants/#ixzz1MS0fYtHA
Published April 17, 2011
Senate Democrats want President Obama to put off deporting young undocumented immigrants who were brought to the United States by parents who overstayed their visas or who entered unlawfully.
The 22 senators who signed the letter suggested smaller steps the president can take to help the young immigrants, such as making sure they know they can request deportation delays.
In the letter sent Wednesday, the senators acknowledge that Obama must enforce the law but say exercising prosecutorial discretion has a long history in the U.S. and is consistent with the rule of law.
Last year, the House passed the DREAM Act, which would have allowed the youths to stay in the U.S. if they came to the United States before the age of 16 and spent at least two years in college or the military.
In his State of the Union in January, Obama said the United States should rethink the practice of deporting young immigrants who have grown up and been educated in the United States.
This is based on a story by The Associated Press.
Read more: http://latino.foxnews.com/latino/politics/2011/04/15/senate-democrats-tell-obama-hold-deportations-young-immigrants/#ixzz1MS0fYtHA
Saturday, April 16, 2011
DREAM Act youth call on President Obama to halt deportations (Part 1/4)
Steve Palm-Houser
Unitarian Universalism Examiner
April 15th, 2011
Four young undocumented immigrants spoke on a telephone press conference today to urge President Obama to grant relief from deportation to young people who would have been eligible for the DREAM Act, which was passed in the U.S. House of Representatives in December, but failed to pass in the Senate.
The press conference was a response to a letter sent by 22 U.S. Senators to the President on Wednesday, asking him to use his executive authority to give deferred status to undocumented immigrants who were brought by their parents into the United States as young children, have lived in this country for at least five years, and meet other requirements.
The call was moderated by Tyler Moran, Policy Director at the National Immigration Law Center. "DREAM students are Americans at heart. They know no other country as their own. They are our future teachers, doctors, volunteers, military leaders. As the Senators noted, these students have great potential to contribute to our country."
"The Senators in their letter were not proposing a novel legal strategy," said Marshall Fitz, Director of Immigration Policy at the Center for American Progress. "What they requested was for the administration to exercise the authority that it currently has to provide discretionary relief to individuals.
"It is firmly established that the administration has the authority to make class-based decisions in terms of who they will investigate, and who they will prosecute," Fitz said. "Every law enforcement agency in the world makes decisions about who to prosecute based on discretionary cost-benefit judgments. Sometimes those judgments are made on an individual, case-by-case basis, and sometimes they're made on a class-wide basis. Those determinations are made based on the values, concerns, and priorities of the law enforcement entity."
Fitz cited the example of jaywalking, an infraction which is usually not prosecuted, because of the law enforcement resources it would draw away from pursuing violent felons.
"It's just a prudential decision," Fitz said, citing the example of President Bush granting "deferred enforced departure" status to Liberians in 2007. This discretionary status was extended under President Obama.
This type of discretionary relief does not provide permanent legal status or protections, and it could be revoked at any time, Fitz said. "Only Congress has the power to definitively resolve the status of undocumented people in this country. But providing interim administrative relief of this nature for compelling groups, like the DREAMers, would restore some balance and humanity to the system. It would enable deserving individuals to be more productive members of society, and it would serve as a stop-gap measure until Congress finally gets its act together."
Karen Maldonado, a high school senior from Miami, Florida who is now in deportation proceedings, spoke about how she would benefit from the President’s taking action to protect DREAM students.
"I came to the United States when I was nine years old," Karen said. "On January 25th of this year, I was detained with my dad by immigration, and I was there for weeks. I had to miss school. I would benefit from the DREAM Act because I could finish my education here, and have a better future."
During President Obama's recent town hall in Miami, Maldonado posed a question to the President about his discretionary authority in immigration policy.
Part 1: http://www.examiner.com/unitarian-universalism-in-national/dream-act-youth-call-on-president-obama-to-halt-deportations#ixzz1MS3RhHXF
Unitarian Universalism Examiner
April 15th, 2011
Four young undocumented immigrants spoke on a telephone press conference today to urge President Obama to grant relief from deportation to young people who would have been eligible for the DREAM Act, which was passed in the U.S. House of Representatives in December, but failed to pass in the Senate.
The press conference was a response to a letter sent by 22 U.S. Senators to the President on Wednesday, asking him to use his executive authority to give deferred status to undocumented immigrants who were brought by their parents into the United States as young children, have lived in this country for at least five years, and meet other requirements.
The call was moderated by Tyler Moran, Policy Director at the National Immigration Law Center. "DREAM students are Americans at heart. They know no other country as their own. They are our future teachers, doctors, volunteers, military leaders. As the Senators noted, these students have great potential to contribute to our country."
"The Senators in their letter were not proposing a novel legal strategy," said Marshall Fitz, Director of Immigration Policy at the Center for American Progress. "What they requested was for the administration to exercise the authority that it currently has to provide discretionary relief to individuals.
"It is firmly established that the administration has the authority to make class-based decisions in terms of who they will investigate, and who they will prosecute," Fitz said. "Every law enforcement agency in the world makes decisions about who to prosecute based on discretionary cost-benefit judgments. Sometimes those judgments are made on an individual, case-by-case basis, and sometimes they're made on a class-wide basis. Those determinations are made based on the values, concerns, and priorities of the law enforcement entity."
Fitz cited the example of jaywalking, an infraction which is usually not prosecuted, because of the law enforcement resources it would draw away from pursuing violent felons.
"It's just a prudential decision," Fitz said, citing the example of President Bush granting "deferred enforced departure" status to Liberians in 2007. This discretionary status was extended under President Obama.
This type of discretionary relief does not provide permanent legal status or protections, and it could be revoked at any time, Fitz said. "Only Congress has the power to definitively resolve the status of undocumented people in this country. But providing interim administrative relief of this nature for compelling groups, like the DREAMers, would restore some balance and humanity to the system. It would enable deserving individuals to be more productive members of society, and it would serve as a stop-gap measure until Congress finally gets its act together."
Karen Maldonado, a high school senior from Miami, Florida who is now in deportation proceedings, spoke about how she would benefit from the President’s taking action to protect DREAM students.
"I came to the United States when I was nine years old," Karen said. "On January 25th of this year, I was detained with my dad by immigration, and I was there for weeks. I had to miss school. I would benefit from the DREAM Act because I could finish my education here, and have a better future."
During President Obama's recent town hall in Miami, Maldonado posed a question to the President about his discretionary authority in immigration policy.
Part 1: http://www.examiner.com/unitarian-universalism-in-national/dream-act-youth-call-on-president-obama-to-halt-deportations#ixzz1MS3RhHXF
Part 2: Maria Marroquin, graduate of Montgomery County Community College, Pennsylvania
Part 3: Rigo Padilla, a senior at the University of Illinois
Part 4: Gaby Pacheco, a resident of Miami, Florida who holds two college degrees
Thursday, April 14, 2011
Twenty-Two Senators Ask Obama to Stop Deporting DREAMers
by Julianne Hing
ColorLines
April 14 2011
our months after the DREAM Act failed to clear a Republican-led filibuster in the Senate, 22 senators sent a letter to President Obama asking for deferred action for undocumented immigrant youth who would have qualified for the bill.
“We would support a grant of deferred action to all young people who meet the rigorous requirements necessary to be eligible for cancellation of removal or a stay of removal under the DREAM Act, as requested on a bipartisan basis by Senators Durbin and Lugar last April,” the senators, all members of the Democratic caucus, wrote.
The letter arrives amidst talk that Senator Dick Durbin plans to reintroduce the federal DREAM Act. The bill would allow undocumented youth who’ve grown up in the country and commit two years to college or the military the right to adjust their immigration status if they clear a host of hurdles. The bill passed the House last December in a historic vote, and received a majority of Senate support but not the required 60 votes to clear the filibuster threat.
Among the signers to Wednesday’s letter were Sens. Joe Lieberman and Ben Nelson. Nelson actually backed the Senate filibuster of the DREAM Act in December.
The letter lays out several entirely feasible options for how to deal with the estimated 360,000 undocumented youth who would be eligible for the bill. (Last year the White House estimated that of that group, only about 65,000 would be able to clear the strict demands and eventually benefit from the bill.) The senators suggested granting deferred action to this class of immigrants, an action to stop the deportation of an undocumented immigrant, with the understanding that they are not a high priority for removal from the country. They also pointed out that the Department of Homeland Security does not have a consistent policy with how to deal with undocument immigrant youth. Many undocumented immigrant youth have successfully fought their deportations with the support of a national network of immigrant youth activists. At a town hall hosted by Univision last month, President Obama insisted he’s not trying to go after DREAM Act-eligible youth, but that it’s not within his power to stop their deportations.
After the DREAM Act’s failure in December, this group of young people is still living in limbo. Like their parents and the rest of the estimated 11 million undocumented immigrants in the country, they do not have authorization to work and face significant economic barriers to getting their education. And would-be beneficiaries of the DREAM Act keep getting removal orders.
“Your Administration has a strong record of enforcement, having deported a record number of undocumented immigrants last year,” the senators, led by Senate Majority Leader Harry Reid, remind Obama. “At the same time, you have granted deferred action to a small number of DREAM Act students on a case-by-case basis, just as the Bush Administration did.”
“As you said in your State of the Union Address, “let’s stop expelling talented, responsible young people who could be staffing our research labs or starting a new business, who could be further enriching this nation.”
Despite plans for a reintroduction soon, hopes for a federal DREAM Act in the next two years are quite slim. In light of all that, the senators’ letter reads as a challenge to Obama, who seems to want it both ways. What’ll it be, Mr. President?
http://colorlines.com/archives/2011/04/twenty-two_senators_ask_obama_to_stop_deporting_dreamers.html
ColorLines
April 14 2011
our months after the DREAM Act failed to clear a Republican-led filibuster in the Senate, 22 senators sent a letter to President Obama asking for deferred action for undocumented immigrant youth who would have qualified for the bill.
“We would support a grant of deferred action to all young people who meet the rigorous requirements necessary to be eligible for cancellation of removal or a stay of removal under the DREAM Act, as requested on a bipartisan basis by Senators Durbin and Lugar last April,” the senators, all members of the Democratic caucus, wrote.
The letter arrives amidst talk that Senator Dick Durbin plans to reintroduce the federal DREAM Act. The bill would allow undocumented youth who’ve grown up in the country and commit two years to college or the military the right to adjust their immigration status if they clear a host of hurdles. The bill passed the House last December in a historic vote, and received a majority of Senate support but not the required 60 votes to clear the filibuster threat.
Among the signers to Wednesday’s letter were Sens. Joe Lieberman and Ben Nelson. Nelson actually backed the Senate filibuster of the DREAM Act in December.
The letter lays out several entirely feasible options for how to deal with the estimated 360,000 undocumented youth who would be eligible for the bill. (Last year the White House estimated that of that group, only about 65,000 would be able to clear the strict demands and eventually benefit from the bill.) The senators suggested granting deferred action to this class of immigrants, an action to stop the deportation of an undocumented immigrant, with the understanding that they are not a high priority for removal from the country. They also pointed out that the Department of Homeland Security does not have a consistent policy with how to deal with undocument immigrant youth. Many undocumented immigrant youth have successfully fought their deportations with the support of a national network of immigrant youth activists. At a town hall hosted by Univision last month, President Obama insisted he’s not trying to go after DREAM Act-eligible youth, but that it’s not within his power to stop their deportations.
After the DREAM Act’s failure in December, this group of young people is still living in limbo. Like their parents and the rest of the estimated 11 million undocumented immigrants in the country, they do not have authorization to work and face significant economic barriers to getting their education. And would-be beneficiaries of the DREAM Act keep getting removal orders.
“Your Administration has a strong record of enforcement, having deported a record number of undocumented immigrants last year,” the senators, led by Senate Majority Leader Harry Reid, remind Obama. “At the same time, you have granted deferred action to a small number of DREAM Act students on a case-by-case basis, just as the Bush Administration did.”
“As you said in your State of the Union Address, “let’s stop expelling talented, responsible young people who could be staffing our research labs or starting a new business, who could be further enriching this nation.”
Despite plans for a reintroduction soon, hopes for a federal DREAM Act in the next two years are quite slim. In light of all that, the senators’ letter reads as a challenge to Obama, who seems to want it both ways. What’ll it be, Mr. President?
http://colorlines.com/archives/2011/04/twenty-two_senators_ask_obama_to_stop_deporting_dreamers.html
Monday, April 11, 2011
Lawmakers back plan to end deportations of children, families
By Emile Schepers
People's World
April 11 2011
Representative Luis Gutierrez, D-Ill., called for the Obama administration to take a new approach to the deportation of undocumented immigrants, including the parents of minor children with undocumented parents and undocumented youth who would qualify for the DREAM Act.
In a Capitol Hill press conference, Gutierrez outlined a plan to push for the use of administrative adjustments to stop the deportation of these categories of immigrants. Flanked by colleagues, including Reps. Raul Grijalva, D-Ariz., Jan Schakowsky, D-Ill., Keith Ellison, D-Minn., and California Democrats Mike Honda and Judy Chu, as well as immigrant rights advocates, these participants signed on to the "Change Takes Courage" program organized by the Fair Immigration Reform Movement.
During the last Congress, the Democratic congressional leadership and the White House did not push comprehensive immigration reform, instead opted for a push to pass the DREAM Act, a bill that would have legalized many undocumented youth willing to attend college or serve in the military. But the measure failed in the Senate.
The majority gained by the Republican Party in the House of Representatives in the November 2010 elections, and the GOP's evident disposition to keep up demagogic anti-immigration attacks through the 2012 elections, seem to doom any legislative efforts on comprehensive immigration reform, and even make more modest legislative packages like DREAM very difficult.
Meanwhile, Homeland Security Secretary Janet Napolitano has been promoting Secure Communities and 287 g, federal programs that encourage the cooperation of local, county and state police with federal immigration enforcement activities. The use of E-Verify and the prosecution of employers of undocumented immigrants have also increased.
Napolitano and the head of Immigration and Customs Enforcement, John Morton, told congressional hearings the Obama administration has been deporting a "record number" of people, nearly 400,000 last year.
Although they claim their focus is on immigrants convicted of crimes, rights organizations charge many of the people swept up and deported as a result of enforcement actions have never been convicted of a crime. Cracking down on employers is of no help to undocumented immigrant workers, as it just leaves them unemployed and forces them to work for even lower wages, they say.
More recently, President Obama and Secretary Napolitano told DREAM Act youth that, even though the government is focusing on criminal aliens, there was no way the government can protect them from deportation if they are caught, and that their focus should be on getting Congress to pass the DREAM Act.
However, last summer someone leaked an internal Homeland Security memo from high level officials of the U.S. Citizenship and Immigration Services to Alejandro N. Mayorkas, the agency's director. The memo, surfaced by the right-wing National Review, pointed out to Mayorkas a whole series of perfectly legal administrative actions that could be taken to defer or cancel deportation of various categories of people.
The leaked "Mayorkas Memo" caused the predictable apoplectic reaction from the anti-immigrant right wing.
Immigrant rights activists, however, have been intrigued by it. In particular, they have latched onto its suggestion that immigrants subject to deportation could be given "parole-in-place" on the basis of the administration ruling that their deportation would cause severe hardship to someone. This would allow them to stay and work in the country for the time being.
It would appear that such an approach might be used to help potential DREAM Act youth, as well as minor children of undocumented adults facing deportation, depending on how "severe hardship" is defined by the government, which seems to have leeway.
The "Mayorkas Memorandum" suggests six other means by which immigrants facing deportation could catch a break. For example, the government could facilitate the transition of people covered by "Temporary Protected Status" to full legal residence, which would help many Haitians and Central Americans.
Even if all seven recommendations in the memorandum were implemented, not all of the 11 million undocumented immigrants in the country would be covered. But several million would be able to stay in the country at least for a while, buying them time while a legislative solution is pursued.
Congressman Gutierrez and his allies in and out of Congress are going to organize a national tour in support of the "Change Takes Courage" demands. The tour, announced at Gutierrez's March 31 press conference, involves rallies in 20 cities around the country building up to a meeting with President Obama.
The congresspersons and activists are also asking that the government suspend implementation of the 287 g and Secure Communities programs, which facilitate participation of local and state police in immigration enforcement activities.
http://peoplesworld.org/lawmakers-back-plan-to-end-deportations-of-children-families/
People's World
April 11 2011
Representative Luis Gutierrez, D-Ill., called for the Obama administration to take a new approach to the deportation of undocumented immigrants, including the parents of minor children with undocumented parents and undocumented youth who would qualify for the DREAM Act.
In a Capitol Hill press conference, Gutierrez outlined a plan to push for the use of administrative adjustments to stop the deportation of these categories of immigrants. Flanked by colleagues, including Reps. Raul Grijalva, D-Ariz., Jan Schakowsky, D-Ill., Keith Ellison, D-Minn., and California Democrats Mike Honda and Judy Chu, as well as immigrant rights advocates, these participants signed on to the "Change Takes Courage" program organized by the Fair Immigration Reform Movement.
During the last Congress, the Democratic congressional leadership and the White House did not push comprehensive immigration reform, instead opted for a push to pass the DREAM Act, a bill that would have legalized many undocumented youth willing to attend college or serve in the military. But the measure failed in the Senate.
The majority gained by the Republican Party in the House of Representatives in the November 2010 elections, and the GOP's evident disposition to keep up demagogic anti-immigration attacks through the 2012 elections, seem to doom any legislative efforts on comprehensive immigration reform, and even make more modest legislative packages like DREAM very difficult.
Meanwhile, Homeland Security Secretary Janet Napolitano has been promoting Secure Communities and 287 g, federal programs that encourage the cooperation of local, county and state police with federal immigration enforcement activities. The use of E-Verify and the prosecution of employers of undocumented immigrants have also increased.
Napolitano and the head of Immigration and Customs Enforcement, John Morton, told congressional hearings the Obama administration has been deporting a "record number" of people, nearly 400,000 last year.
Although they claim their focus is on immigrants convicted of crimes, rights organizations charge many of the people swept up and deported as a result of enforcement actions have never been convicted of a crime. Cracking down on employers is of no help to undocumented immigrant workers, as it just leaves them unemployed and forces them to work for even lower wages, they say.
More recently, President Obama and Secretary Napolitano told DREAM Act youth that, even though the government is focusing on criminal aliens, there was no way the government can protect them from deportation if they are caught, and that their focus should be on getting Congress to pass the DREAM Act.
However, last summer someone leaked an internal Homeland Security memo from high level officials of the U.S. Citizenship and Immigration Services to Alejandro N. Mayorkas, the agency's director. The memo, surfaced by the right-wing National Review, pointed out to Mayorkas a whole series of perfectly legal administrative actions that could be taken to defer or cancel deportation of various categories of people.
The leaked "Mayorkas Memo" caused the predictable apoplectic reaction from the anti-immigrant right wing.
Immigrant rights activists, however, have been intrigued by it. In particular, they have latched onto its suggestion that immigrants subject to deportation could be given "parole-in-place" on the basis of the administration ruling that their deportation would cause severe hardship to someone. This would allow them to stay and work in the country for the time being.
It would appear that such an approach might be used to help potential DREAM Act youth, as well as minor children of undocumented adults facing deportation, depending on how "severe hardship" is defined by the government, which seems to have leeway.
The "Mayorkas Memorandum" suggests six other means by which immigrants facing deportation could catch a break. For example, the government could facilitate the transition of people covered by "Temporary Protected Status" to full legal residence, which would help many Haitians and Central Americans.
Even if all seven recommendations in the memorandum were implemented, not all of the 11 million undocumented immigrants in the country would be covered. But several million would be able to stay in the country at least for a while, buying them time while a legislative solution is pursued.
Congressman Gutierrez and his allies in and out of Congress are going to organize a national tour in support of the "Change Takes Courage" demands. The tour, announced at Gutierrez's March 31 press conference, involves rallies in 20 cities around the country building up to a meeting with President Obama.
The congresspersons and activists are also asking that the government suspend implementation of the 287 g and Secure Communities programs, which facilitate participation of local and state police in immigration enforcement activities.
http://peoplesworld.org/lawmakers-back-plan-to-end-deportations-of-children-families/
Sunday, April 10, 2011
Not targeted but not safe, young illegal immigrants push for a new policy
Young activists had pinned their hopes on the Dream Act. When it was put to bed, they started a new strategy: 'Coming out' as illegal immigrants and protesting their uncertain fates in this country.
By Richard Fausset
Los Angeles Times
April 10, 2011
Reporting from Atlanta—Seven college-age Latinos gathered in downtown Atlanta and passed around a microphone, announcing to the world that they were coming out of the shadows as illegal immigrants.
Then, in an act of civil disobedience, they sat down in the middle of a busy street and announced it again to a large and chanting crowd. When they were hauled off to jail, they even declared their status to a pair of Immigration and Customs Enforcement officers — who proceeded to do nothing.
Wednesday, after a night in jail, the seven were free again, clutching misdemeanor tickets issued by the city for blocking traffic.
So what, one might ask, does it take for an illegal immigrant to get deported in the United States of 2011?
That turns out to be a good question, particularly for immigrants who, like the Georgia youths, call themselves "the Dreamers" — that is, immigrants who might have achieved legal status through the federal Dream Act.
The legislation would have offered a path to citizenship for illegal immigrants who were brought to the United States at a young age, had lived here for at least five years, had stayed out of trouble and enrolled in college or served in the military.
The bill passed the House of Representatives in December, but was scuttled in the Senate by Republican-led opposition.
With the bill dead for the foreseeable future — especially given the new GOP majority in the House — the Obama administration appears to be operating in a kind of workaround mode.
At an April 1 public forum in Washington, Homeland Security Secretary Janet Napolitano said that immigrants who would have benefitted from the Dream Act were "not the priority" when it came to enforcing immigration law.
Well before her comments, administration officials had said they would focus deportation efforts on those who commit serious crimes. But some immigrant rights groups have complained that the administration has been too aggressive in deportations. The Obama administration deported 392,862 people in the last fiscal year, up from 369,221 people deported in the last full year of the Bush administration.
When an Immigration and Customs Enforcement spokesman was asked to comment on the agency's inaction after the Atlanta protests, he simply referred to Napolitano's April 1 comments.
As policy statements go, it is a rather ambiguous one. Does it mean that no Dreamers will be deported? Or that some of them will? Gillian M. Christensen, an agency spokeswoman in Washington, declined to elaborate.
Anti-illegal-immigration groups are predictably perturbed. The New American, a John Birch Society newsmagazine, declared in a recent headline that the "Unpassed" Dream Act was "Now the Law."
"Obama has apparently passed his own de facto Dream Act, and disregarded the will of Congress," said D.A. King, head of the Dustin Inman Society, a Georgia-based anti-illegal-immigration group. "I'd like to know which federal laws I can ignore without punishment."
But the Dreamers are frustrated as well. Mohammad Abdollahi, 25, a co-founder of thedreamiscoming.com and one of the organizers of the Atlanta protest, said he believed that many young people were still subject to detention and deportation.
"Just because they stayed away from [the Atlanta] case because it was a more public case doesn't show that they're staying away from undocumented youth," said Abdollahi, who was brought to the U.S. illegally at age 3 from Iran. "The whole notion of not deporting Dreamers is just a lie on the Obama administration's part."
Even so, Abdollahi said his group was urging immigrant youth to publicly declare their illegal status, in part because it appeared that the Obama administration was handling the more public cases with kid gloves.
"The more out there you are, the more public you are, the safer you really are," he said.
Some of the young Latinos who spoke out in Atlanta said they were aware that the strategy may be risky. A less sympathetic person could win the presidency in 2012.
Still, they said they had to implore other illegal youths to come out; they could not build a political movement with a population in hiding.
Their own public declarations Tuesday were directed at Georgia education officials' decision to bar illegal immigrants from being admitted to the state's five most selective public colleges beginning in the fall.
The coming-out also served as a catharsis. "I am undocumented and I am unafraid!" said Viridiana Martinez, 24, of North Carolina, who came to the United States from Mexico at age 7. "We're people. We want to go to school, and we want to be doctors and lawyers and nurses."
To similarly situated youth, she said, "Come out — the courage is in you!"
The group's Atlanta protest was the first in which participants were arrested since the bill's defeat in December. Abdollahi said it would not be the last.
http://www.latimes.com/news/nationworld/nation/la-na-illegal-immigrants-20110410,0,7571188.story
By Richard Fausset
Los Angeles Times
April 10, 2011
Reporting from Atlanta—Seven college-age Latinos gathered in downtown Atlanta and passed around a microphone, announcing to the world that they were coming out of the shadows as illegal immigrants.
Then, in an act of civil disobedience, they sat down in the middle of a busy street and announced it again to a large and chanting crowd. When they were hauled off to jail, they even declared their status to a pair of Immigration and Customs Enforcement officers — who proceeded to do nothing.
Wednesday, after a night in jail, the seven were free again, clutching misdemeanor tickets issued by the city for blocking traffic.
So what, one might ask, does it take for an illegal immigrant to get deported in the United States of 2011?
That turns out to be a good question, particularly for immigrants who, like the Georgia youths, call themselves "the Dreamers" — that is, immigrants who might have achieved legal status through the federal Dream Act.
The legislation would have offered a path to citizenship for illegal immigrants who were brought to the United States at a young age, had lived here for at least five years, had stayed out of trouble and enrolled in college or served in the military.
The bill passed the House of Representatives in December, but was scuttled in the Senate by Republican-led opposition.
With the bill dead for the foreseeable future — especially given the new GOP majority in the House — the Obama administration appears to be operating in a kind of workaround mode.
At an April 1 public forum in Washington, Homeland Security Secretary Janet Napolitano said that immigrants who would have benefitted from the Dream Act were "not the priority" when it came to enforcing immigration law.
Well before her comments, administration officials had said they would focus deportation efforts on those who commit serious crimes. But some immigrant rights groups have complained that the administration has been too aggressive in deportations. The Obama administration deported 392,862 people in the last fiscal year, up from 369,221 people deported in the last full year of the Bush administration.
When an Immigration and Customs Enforcement spokesman was asked to comment on the agency's inaction after the Atlanta protests, he simply referred to Napolitano's April 1 comments.
As policy statements go, it is a rather ambiguous one. Does it mean that no Dreamers will be deported? Or that some of them will? Gillian M. Christensen, an agency spokeswoman in Washington, declined to elaborate.
Anti-illegal-immigration groups are predictably perturbed. The New American, a John Birch Society newsmagazine, declared in a recent headline that the "Unpassed" Dream Act was "Now the Law."
"Obama has apparently passed his own de facto Dream Act, and disregarded the will of Congress," said D.A. King, head of the Dustin Inman Society, a Georgia-based anti-illegal-immigration group. "I'd like to know which federal laws I can ignore without punishment."
But the Dreamers are frustrated as well. Mohammad Abdollahi, 25, a co-founder of thedreamiscoming.com and one of the organizers of the Atlanta protest, said he believed that many young people were still subject to detention and deportation.
"Just because they stayed away from [the Atlanta] case because it was a more public case doesn't show that they're staying away from undocumented youth," said Abdollahi, who was brought to the U.S. illegally at age 3 from Iran. "The whole notion of not deporting Dreamers is just a lie on the Obama administration's part."
Even so, Abdollahi said his group was urging immigrant youth to publicly declare their illegal status, in part because it appeared that the Obama administration was handling the more public cases with kid gloves.
"The more out there you are, the more public you are, the safer you really are," he said.
Some of the young Latinos who spoke out in Atlanta said they were aware that the strategy may be risky. A less sympathetic person could win the presidency in 2012.
Still, they said they had to implore other illegal youths to come out; they could not build a political movement with a population in hiding.
Their own public declarations Tuesday were directed at Georgia education officials' decision to bar illegal immigrants from being admitted to the state's five most selective public colleges beginning in the fall.
The coming-out also served as a catharsis. "I am undocumented and I am unafraid!" said Viridiana Martinez, 24, of North Carolina, who came to the United States from Mexico at age 7. "We're people. We want to go to school, and we want to be doctors and lawyers and nurses."
To similarly situated youth, she said, "Come out — the courage is in you!"
The group's Atlanta protest was the first in which participants were arrested since the bill's defeat in December. Abdollahi said it would not be the last.
http://www.latimes.com/news/nationworld/nation/la-na-illegal-immigrants-20110410,0,7571188.story
Saturday, April 9, 2011
Seven Undocumented Youth Protest, Risk Deportation in Georgia
By Micah Uetricht
Hispanically Speaking News
April 9, 2011
This week seven undocumented youth were arrested in an act of civil disobedience in Atlanta during a protest. The students oppose a change proposed by the Georgia Board of Regents who want to ban on undocumented students from the state’s top five public colleges and universities. All seven students are currently in jail and are scheduled to appear in court today. They all risk of deportation by Immigration and Customs Enforcement (ICE).
Hispanically Speaking News
April 9, 2011
This week seven undocumented youth were arrested in an act of civil disobedience in Atlanta during a protest. The students oppose a change proposed by the Georgia Board of Regents who want to ban on undocumented students from the state’s top five public colleges and universities. All seven students are currently in jail and are scheduled to appear in court today. They all risk of deportation by Immigration and Customs Enforcement (ICE).
Georgia voters recently voted down a ban of undocumented students in all colleges and universities in the state, but the regents, who have governing authority of public colleges, approved a measure banning undocumented students from the University of Georgia, Georgia Tech, Georgia State, Georgia College & State University, and the Medical College of Georgia that will go into effect in the fall.
The protest targeted the administration of Georgia State, demanding that the university “refuse the ban” and continue to allow undocumented immigrants—who already pay out-of-state tuition in Georgia—to enroll there.
The seven students outed themselves as undocumented then entered the Georgia State admissions office to deliver a letter demanding the university not follow the Board of Regent’s directive. After a march through campus to the state capitol, the seven students sat down to block traffic around a large banner that read, “We Will No Longer Remain in the Shadows.”
A number of civil rights movement veterans supported the undocumented students’ cause, including Rep. John Lewis (D-Ga.), who compared the students’ actions to his own record of civil disobedience against Jim Crow in the South. “I got arrested … 40 times. I was beaten, left bloody, but I didn’t give up. And you must not give up.”
The Atlanta Journal-Constitution quoted Georgia Board of Regents spokesperson John Millsaps, who said that the point of the legislation was to ensure that qualified Georgia residents would not lose access to the state’s public universities due to enrollment of undocumented students.
Georgina Perez, who was one of the eight who came out as undocumented, called this argument out in a statement posted on TheDreamIsComing.com Tuesday.
“This policy, like many other enacted and proposed laws, have nothing to do with the rule of law. Rather, it is clear they are about hate, racism, and the creation of second class of citizens, which is morally wrong and politically influenced,” she said in the statement.
Perez, like the other undocumented students who were arrested, posted an emotional video on YouTube explaining why she was willing to be arrested. In the clip, she calls her parents’ decision to immigrate to the United States without documents “heroic.”
Undocumented youth have not spent much time nursing their wounds from the failure of the DREAM Act in the Senate last year. “Coming Out of the Shadows” rallies, in which DREAMers proclaim their undocumented status to the world, have spread under the banner of “undocumented, unafraid, and unapologetic.” So many have come out as undocumented that Southern California Public Radio reporter Leslie Berestein Rojas recently posed the question of whether coming out as undocumented is the new coming out as gay or lesbian.
DREAMers say they are fighting for the right to exist in this country, but they aren’t doing just that. These undocumented students are nothing if not smart activists: In staging dramatic civil disobedience actions in states like Georgia that have enacted anti-immigrant measures, they are taking a page from the playbook of Dr. Martin Luther King Jr. and bringing their fight for equality to states where denials of basic human dignity are starkest.
Georgia, with its ban on undocumented students, is such a place. South Carolina and Colorado have also enacted bans on all undocumented students, and they should expect to see similar actions in the future. Undocumented students have proven that they aren’t afraid of whatever consequences they could face, including deportation, as a result of agitating for legalization.
Gina Perez, the one of the DREAMers who was arrested in Tuesday’s action, summed it up in her video message.
“We’re not going to be silent, we’re not going to be in the shadows, we’re not going to let this happen any longer,” she says. “We’re going to step up and fight for our community.”
UPDATE: In a statement released early Thursday morning, immigrant youth organizers indicated that all seven students were released Wednesday. In a joint statement, the students said, “As soon as we got here they came in, asked us personal questions like where we were born and our birthdays. We were honest with them, we told them we were undocumented.” ICE chose not to involve itself in the case, despite the students’ openness about their undocumented status.
ICE’s decision not to pursue deportation or other measures against the students seems to confirm what many undocumented organizers have claimed for some time: that it is actually safer for young people to come out of the shadows, proclaim their lack of legal status openly, and join with local and national organizing for immigration reform. Deportations under the Obama adminsitration are at higher levels than under President Bush, but immigration authorities seem to hesitate to deport people who are plugged into immigrant organizing, undoubtedly fearing the significant public pressure organizers have shown they are capable of mobilizing.
*This article orginally said there were eight undocumented students. Although there were originally eight students involved, only seven were arrested. We regret the error.
http://www.hispanicallyspeakingnews.com/notitas-de-noticias/details/seven-undocumented-youth-protest-risk-deportation-in-georgia/6769/
Tuesday, April 5, 2011
White House Resists Push to Stop Deportations, Members of Congress Say
By Hans Nichols
Bloomberg News
Apr 5, 2011
The White House is urging lawmakers to back away from a campaign led by Hispanic Democrats to block deportations involving U.S.-born children of illegal immigrants, a move that risks antagonizing Latino voters crucial to President Barack Obama’s re-election.
Bloomberg News
Apr 5, 2011
The White House is urging lawmakers to back away from a campaign led by Hispanic Democrats to block deportations involving U.S.-born children of illegal immigrants, a move that risks antagonizing Latino voters crucial to President Barack Obama’s re-election.
Several members of Congress who were scheduled to attend a March 31 news conference on the issue said administration officials contacted them to voice concern about their participation. Until U.S. immigration law is overhauled, the lawmakers say, Obama should use his executive power to protect families facing deportation or separation because at least one parent is an illegal immigrant.
“The staffers that are attached to us, the liaisons, they transmitted some concern,” said Representative Mike Honda of California, a former chairman of the Congressional Asian Pacific American Caucus, referring to the White House legislative affairs office. “They would have loved us not to have gone to the press conference.”
Honda, a Japanese-American, attended with other officials, including Asian and black lawmakers, even after getting a call, because it’s “not only about Hispanics,” he said. “I want to broaden that so people don’t think just brown.”
At least three Democrats -- Representatives Honda, Judy Chu of California and Keith Ellison of Minnesota -- said they were contacted about the event. Representatives Yvette Clarke of New York and Sheila Jackson Lee of Texas, who, like Ellison, are members of the Congressional Black Caucus, were scheduled to attend and didn’t, according to their offices. Neither Clarke nor Lee could be reached for comment.
‘Lessen the Pain’
“Not everybody who usually shows up, showed up,” Honda said.
The absences were noted by members of the Congressional Hispanic Caucus. “I heard some people got called,” said Arizona Representative Raul Grijalva, a former president of the caucus. “I didn’t.”
The lawmakers are asking the White House “to make some administrative remedies to lessen the pain,” Grijalva said. “They see that as politically not healthy for them.”
Offering relief to illegal immigrants through executive fiat, and not legislation, could anger voters worried about the estimated 11.2 million undocumented residents in the U.S. It may also undermine Obama’s argument that he favors a comprehensive immigration overhaul through Congress.
No Legal Authority
“We regularly reach out to lawmakers to discuss immigration reform,” said White House spokesman Jay Carney. “Our focus continues to be on building bipartisan consensus around a legislative path that can produce comprehensive reform.”
The administration argues that it doesn’t have the legal authority to exempt certain immigrant categories from the law.
“With respect to the notion that I can just suspend deportations through executive order, that’s just not the case,” Obama said at a March 28 town hall sponsored by the Univision television network. “There are laws on the books that Congress has passed.”
Lawmakers, led by Illinois Representative Luis Gutierrez, the first Hispanic member of Congress to endorse Obama for president in 2007, called the news conference last week to announce a 20-city tour to highlight the effect “our broken immigration system” can have in splitting up families. The tour began last weekend, with rallies in Providence, Rhode Island and Boston.
Dream Act
They’re also seeking help for those who would have been covered by the White House-backed Dream Act, which passed the House last year and was blocked in the Senate. It would provide permanent residency to college graduates and military veterans who arrived in the U.S. as children illegally.
With that legislation facing opposition in the new Republican-controlled House, some Democrats are urging Obama to stop deportation orders through administrative means.
“We want him to exercise the discretion that he already has,” said Gutierrez.
As of 2008, there were 4 million children in the U.S. who were citizens yet had at least one parent who wasn’t, according to a report by the Pew Hispanic Center.
“You don’t have to deport them, Mr. President, you can parole them in place,” Gutierrez said, previewing the argument he will make with Obama when they meet later this month to discuss immigration issues. “The goal is to say that the young people in the Dream Act should be paroled in place.”
Stop Expelling Talent
In his State of the Union address in January, Obama vowed to press for immigration reform while insisting he would need Republican support. Without mentioning the Dream Act by name, he said, “Let’s stop expelling talented, responsible young people who can staff our research labs, start new businesses, and further enrich this nation.”
Hispanic voters played a key role in helping Obama get elected in 2008, giving him 67 percent of their support, according to Pew.
The challenge for Democrats in 2012 will be to keep those voters energized, as polls show their support for the party has softened, said Matt Barreto, a pollster at the University of Washington in Seattle.
A February survey by Latino Decisions, a research center focusing on Hispanic voting patterns, showed that 52 percent of registered Latino voters thought Democrats were doing a “good job” of reaching out to Hispanics, compared with 18 percent for Republicans.
‘Significant Backlash’
“The Democrats are certainly doing a better job than Republicans,” said Barreto, “but that’s only 52 percent for the Democrats. That’s the bad news.”
“If it’s perceived that the White House is trying to hush up people for standing up for immigrants, that could have a significant backlash in 2012,” he said. “Latinos are not going to vote Republican for sure, but they aren’t going to be enthusiastic for the Democrats.”
Some lawmakers are also questioning what they perceive as a faulty political calculus by the White House and said they would continue to argue for an administrative fix for children of undocumented workers.
“There were calls made to us, but I decided to participate,” said Chu. “They have a disagreement with us. They feel that this is perhaps is not the direction for them.”
To contact the reporter on this story: Hans Nichols in Washington at hnichols2@bloomberg.net.
To contact the editor responsible for this story: Mark Silva at msilva34@bloomberg.net
http://www.bloomberg.com/news/2011-04-05/white-house-resists-push-to-stop-deportations-lawmakers-say.html
Thursday, March 31, 2011
Officials Refuse To Budge On Deportation Of Students, Families
By Elise Foley
The Huffington Post
(Updated 4/1/2011)
WASHINGTON -- Despite appeals from immigration reform advocates and some Congressional Democrats, the Obama administration will not block deportations of young people who grew up in the United States, Homeland Security Secretary Janet Napolitano said on Friday.
After the Senate voted down the DREAM Act, a bill that would allow legal status for some undocumented young people, immigrant rights groups have pushed for the Obama administration to use its executive authority to stop deporting those who would have benefited from the law.
Rep. Luis Gutierrez (D-Ill.) and immigration reform groups announced yesterday a plan for a nationwide campaign to end deportation of DREAMers, as they have been coined, and of parents or spouses of American citizens. Current immigration law offers few options to those who want to stay in the United States to be with their families or because they have lived here since childhood. To receive legal status, those who entered the country illegally must return to their native country for 10 years to wait for a visa -- sometimes even longer -- separating them from family.
At an event sponsored by progressive think tank NDN, Napolitano said she was sympathetic to students who would have been eligible for the DREAM Act, but could not exempt them from deportation.
"I am not going to stand here and say that there are whole categories that we will, by executive fiat, exempt from the current immigration system, as sympathetic as we feel towards them," she said. "But I will say that group...are not the priority."
Immigration and Customs Enforcement Director John Morton echoed her statements, saying the administration cannot block deportations for certain groups. Still, with more than 11 million undocumented immigrants in the United States, Morton admitted his agency uses discretion "every day" to select how to police immigration. ICE can deport about 400,000 people per year with its current resources, Morton said.
"There are a lot of efforts underway to have good, sensible government in the absence of immigration reform, while stating at the same time that it is necessary," Morton said. "Everyone recognizes that we need a different system than we have now."
Advocates of expanded immigrant rights argue the agency's actions do not match its rhetoric, particularly over enforcement programs that are meant to target "the worst of the worst." The key immigration enforcement initiative, a finger-print sharing program called Secure Communities, is supposed to help ICE find undocumented immigrants who have committed crimes and may be a danger to others. But the program also nets a large number of undocumented immigrants who are never convicted of crimes, including women who call the police to report domestic violence or people who are brought in on charges that are later dropped.
About a quarter of the people in deportation proceedings due to Secure Communities are non-criminals, according to data analyzed by National Day Laborer Network, Center for Constitutional Rights and the Immigrant Justice Clinic at the Benjamin N. Cardoza School of Law.
Napolitano dismissed the figures, saying the numbers are "still early" and do not include people in prison who will later be deported under the program. She said over time the percentage of non-criminals would go down.
She added that some of the people who has not been convicted were in fact guilty of committing crimes, but law enforcement had chosen to give them time served and send them to Secure Communities rather than making a criminal charge.
"It looks like there was no crime committed, but when you go in and look at the arrest plot, why were they getting fingerprinted to begin with? There was a crime there," she said.
Chris Newman, legal director of the National Day Laborer Network, said the administration "has conflated criminality with undocumented status" and called the agency's response to potential racial profiling and civil liberties problems in the program "astonishingly insufficient."
"It sort of inverts the presumption of innocence when it comes to immigrants," Newman said. "There's no reason why people at the point of being booked should be screened for immigration status. If they were really serious about deporting only serious criminals, they would screen only after people had been convicted of a crime."
Napolitano said the agency is aware of the issue and has a civil rights unit dedicated to looking through data to make sure specific districts are not out of sync with overall enforcement trends.
"One of the things I want to make sure Secure Communities is not is a conduit for racial profiling or local law enforcement inappropriately seeking to be immigration officers," she said. "That's not what Secure Communities is designed to do."
http://www.huffingtonpost.com/2011/04/01/obama-administration-refu_1_n_843729.html
The Huffington Post
(Updated 4/1/2011)
WASHINGTON -- Despite appeals from immigration reform advocates and some Congressional Democrats, the Obama administration will not block deportations of young people who grew up in the United States, Homeland Security Secretary Janet Napolitano said on Friday.
After the Senate voted down the DREAM Act, a bill that would allow legal status for some undocumented young people, immigrant rights groups have pushed for the Obama administration to use its executive authority to stop deporting those who would have benefited from the law.
Rep. Luis Gutierrez (D-Ill.) and immigration reform groups announced yesterday a plan for a nationwide campaign to end deportation of DREAMers, as they have been coined, and of parents or spouses of American citizens. Current immigration law offers few options to those who want to stay in the United States to be with their families or because they have lived here since childhood. To receive legal status, those who entered the country illegally must return to their native country for 10 years to wait for a visa -- sometimes even longer -- separating them from family.
At an event sponsored by progressive think tank NDN, Napolitano said she was sympathetic to students who would have been eligible for the DREAM Act, but could not exempt them from deportation.
"I am not going to stand here and say that there are whole categories that we will, by executive fiat, exempt from the current immigration system, as sympathetic as we feel towards them," she said. "But I will say that group...are not the priority."
Immigration and Customs Enforcement Director John Morton echoed her statements, saying the administration cannot block deportations for certain groups. Still, with more than 11 million undocumented immigrants in the United States, Morton admitted his agency uses discretion "every day" to select how to police immigration. ICE can deport about 400,000 people per year with its current resources, Morton said.
"There are a lot of efforts underway to have good, sensible government in the absence of immigration reform, while stating at the same time that it is necessary," Morton said. "Everyone recognizes that we need a different system than we have now."
Advocates of expanded immigrant rights argue the agency's actions do not match its rhetoric, particularly over enforcement programs that are meant to target "the worst of the worst." The key immigration enforcement initiative, a finger-print sharing program called Secure Communities, is supposed to help ICE find undocumented immigrants who have committed crimes and may be a danger to others. But the program also nets a large number of undocumented immigrants who are never convicted of crimes, including women who call the police to report domestic violence or people who are brought in on charges that are later dropped.
About a quarter of the people in deportation proceedings due to Secure Communities are non-criminals, according to data analyzed by National Day Laborer Network, Center for Constitutional Rights and the Immigrant Justice Clinic at the Benjamin N. Cardoza School of Law.
Napolitano dismissed the figures, saying the numbers are "still early" and do not include people in prison who will later be deported under the program. She said over time the percentage of non-criminals would go down.
She added that some of the people who has not been convicted were in fact guilty of committing crimes, but law enforcement had chosen to give them time served and send them to Secure Communities rather than making a criminal charge.
"It looks like there was no crime committed, but when you go in and look at the arrest plot, why were they getting fingerprinted to begin with? There was a crime there," she said.
Chris Newman, legal director of the National Day Laborer Network, said the administration "has conflated criminality with undocumented status" and called the agency's response to potential racial profiling and civil liberties problems in the program "astonishingly insufficient."
"It sort of inverts the presumption of innocence when it comes to immigrants," Newman said. "There's no reason why people at the point of being booked should be screened for immigration status. If they were really serious about deporting only serious criminals, they would screen only after people had been convicted of a crime."
Napolitano said the agency is aware of the issue and has a civil rights unit dedicated to looking through data to make sure specific districts are not out of sync with overall enforcement trends.
"One of the things I want to make sure Secure Communities is not is a conduit for racial profiling or local law enforcement inappropriately seeking to be immigration officers," she said. "That's not what Secure Communities is designed to do."
http://www.huffingtonpost.com/2011/04/01/obama-administration-refu_1_n_843729.html
Tuesday, March 8, 2011
College Student With A Dream Fights Deportation
Goes Public With Story Of Coming To U.S. As A Toddler And Growing Up As An American
By MARK SPENCER
The Hartford Courant
March 07, 2011
HARTFORD — Not so long ago, Mariano Cardoso Jr. felt alone and beyond help as he faced being forced to leave the country where he grew up, deported to Mexico as an undocumented immigrant.
The 22-year-old Capital Community College student saw his dream of becoming a math professor or civil engineer evaporating.
Brought to the U.S. when he was 22 months old — first to the Bronx, then to New Britain — he learned early to live in the shadows.
"I was always the shy one, the quiet one," Cardoso said. "I was raised to be cautious, to not attract any sort of attention."
But in 2008 he was picked up by U.S. Immigration and Customs Enforcement agents, and he's been fighting deportation ever since. Ordered deported after a hearing last year, he got a letter last month from immigration officials informing him that his appeal had been denied.
With his only chance of staying legally in the country the longest of long shots, he decided to do the exact opposite of what came naturally.
He went public.
Cardoso has overcome his fear and shyness and now shares his story with anyone who will listen. He explains that it was not his decision to come to the U.S. illegally. He says he feels as American as anyone else who grew up here, except for having the piece of paper that makes it official. A good student, he talks about what he can contribute to his community.
"It's just not fair," Cardoso said. "It just doesn't seem reasonable for me to be kicked out of my home. I'm not a criminal. I'm not a monster."
His case quickly drew community support.
The Trinity College student group Stop the Raids has demonstrated on his behalf in front of the Abraham Ribicoff Federal Building on Main Street. Another rally is planned for noon on March 12 in Room 206 at Capital. Teachers and staff at the school advocate for him on their own time to avoid any conflict as state employees.
About 650 people have signed a Facebook petition asking that Cardoso be allowed to stay.
One day last week, when he was in the seventh-floor library at Capital, a student approached him who had never met him, but had heard about him during a classroom discussion about immigration.
"I wish you well on your journey and completing college here in the U.S.," Denise Zuniga, of Hartford, told him. "It's something that hits home."
With a shy smile, Cardoso thanked her and asked her to sign his Facebook petition.
"I feel I have the support of my peers and I'm not running in the dark by myself," he said.
For Cardoso, the darkness descended on an August afternoon in 2008 while he was spending time with his family in his uncle's backyard. Five immigration agents and a New Britain police officer came into the yard, holding a photo of a woman they were looking for who they said was a drug dealer.
The officers wanted to search the house and got annoyed when his uncle refused because they didn't have a warrant, he said. The men and the women were separated and the officers ordered Cardoso, his uncle and cousins onto their knees while they looked over their documents.
Cardoso thought it was all a misunderstanding until he and two relatives were handcuffed and put in a squad car. He ended up in a detention center in Rhode Island for two weeks before his family posted a $5,000 bond to get him out. He finally got a hearing in Hartford immigration court in February 2010, but was ordered deported. He received the letter Feb. 7 denying his appeal.
He could file another appeal but his lawyer, Anthony Collins of Wethersfield, has advised against it, saying it would be expensive and he has no chance of winning.
"There's really no remedy available to him and that's what's so awful," Collins said.
Although illegal immigration is a controversial issue, young people in Cardoso's situation have perhaps attracted the broadest sympathy. The long debated DREAM Act would give them a chance to become legal. In its latest version, the DREAM Act applies to young people who were brought to the U.S. when they were 15 years old or younger, have lived here for at least five years and graduated from an American high school, among other conditions. They would be given "conditional status," allowing them to remain legally in the country.
After 10 years, those who complete two years of college or serve in the armed forces for two years, stay out of trouble and pay back taxes can apply to be legal permanent residents, the first step to citizenship.
Backed by the Obama administration, the act passed the House of Representatives in December but was blocked by a Republican filibuster in the Senate.
Barring immigration reform, Cardoso's only chance is to get a U.S. senator to introduce what's called a private bill, identifying him as someone who should be allowed to stay in the country.
Gaby Pacheco, of United We Dream, a national organization that advocates for undocumented students, said she knows of only three or four private bills that have been introduced in the last five years. Former Sen. Christopher Dodd introduced one in 2007 for two brothers, born in Colombia and raised in Florida.
During campaigns for the DREAM Act, and especially last year, students across the country stated publicly that they were undocumented. Some allowed themselves to get arrested at sit-ins, exposing themselves to potential deportation.
"These young people have lived their whole lives here," Pacheco said. "Unfortunately, because of a broken immigration system, they fall into a limbo."
There's no way to know when Cardoso could be deported. With an estimated 11 million illegal immigrants in the country, officials focus on deporting those with criminal convictions for drugs or violent crimes. They could show up at his door in days, months, or years from now.
"It's just a ticking bomb and no one knows when it will go off," Pacheco said.
Cardoso says he now knows he is not alone and is determined to do what he can to bring reforms. There is too much at stake, he said, to do nothing.
"Everybody I know is here," he said. "Everything I hope to become is here."
http://articles.courant.com/2011-03-07/news/hc-hartford-cardoso-0307-20110306_1_immigration-agents-community-support-student
By MARK SPENCER
The Hartford Courant
March 07, 2011
HARTFORD — Not so long ago, Mariano Cardoso Jr. felt alone and beyond help as he faced being forced to leave the country where he grew up, deported to Mexico as an undocumented immigrant.
The 22-year-old Capital Community College student saw his dream of becoming a math professor or civil engineer evaporating.
Brought to the U.S. when he was 22 months old — first to the Bronx, then to New Britain — he learned early to live in the shadows.
"I was always the shy one, the quiet one," Cardoso said. "I was raised to be cautious, to not attract any sort of attention."
But in 2008 he was picked up by U.S. Immigration and Customs Enforcement agents, and he's been fighting deportation ever since. Ordered deported after a hearing last year, he got a letter last month from immigration officials informing him that his appeal had been denied.
With his only chance of staying legally in the country the longest of long shots, he decided to do the exact opposite of what came naturally.
He went public.
Cardoso has overcome his fear and shyness and now shares his story with anyone who will listen. He explains that it was not his decision to come to the U.S. illegally. He says he feels as American as anyone else who grew up here, except for having the piece of paper that makes it official. A good student, he talks about what he can contribute to his community.
"It's just not fair," Cardoso said. "It just doesn't seem reasonable for me to be kicked out of my home. I'm not a criminal. I'm not a monster."
His case quickly drew community support.
The Trinity College student group Stop the Raids has demonstrated on his behalf in front of the Abraham Ribicoff Federal Building on Main Street. Another rally is planned for noon on March 12 in Room 206 at Capital. Teachers and staff at the school advocate for him on their own time to avoid any conflict as state employees.
About 650 people have signed a Facebook petition asking that Cardoso be allowed to stay.
One day last week, when he was in the seventh-floor library at Capital, a student approached him who had never met him, but had heard about him during a classroom discussion about immigration.
"I wish you well on your journey and completing college here in the U.S.," Denise Zuniga, of Hartford, told him. "It's something that hits home."
With a shy smile, Cardoso thanked her and asked her to sign his Facebook petition.
"I feel I have the support of my peers and I'm not running in the dark by myself," he said.
For Cardoso, the darkness descended on an August afternoon in 2008 while he was spending time with his family in his uncle's backyard. Five immigration agents and a New Britain police officer came into the yard, holding a photo of a woman they were looking for who they said was a drug dealer.
The officers wanted to search the house and got annoyed when his uncle refused because they didn't have a warrant, he said. The men and the women were separated and the officers ordered Cardoso, his uncle and cousins onto their knees while they looked over their documents.
Cardoso thought it was all a misunderstanding until he and two relatives were handcuffed and put in a squad car. He ended up in a detention center in Rhode Island for two weeks before his family posted a $5,000 bond to get him out. He finally got a hearing in Hartford immigration court in February 2010, but was ordered deported. He received the letter Feb. 7 denying his appeal.
He could file another appeal but his lawyer, Anthony Collins of Wethersfield, has advised against it, saying it would be expensive and he has no chance of winning.
"There's really no remedy available to him and that's what's so awful," Collins said.
Although illegal immigration is a controversial issue, young people in Cardoso's situation have perhaps attracted the broadest sympathy. The long debated DREAM Act would give them a chance to become legal. In its latest version, the DREAM Act applies to young people who were brought to the U.S. when they were 15 years old or younger, have lived here for at least five years and graduated from an American high school, among other conditions. They would be given "conditional status," allowing them to remain legally in the country.
After 10 years, those who complete two years of college or serve in the armed forces for two years, stay out of trouble and pay back taxes can apply to be legal permanent residents, the first step to citizenship.
Backed by the Obama administration, the act passed the House of Representatives in December but was blocked by a Republican filibuster in the Senate.
Barring immigration reform, Cardoso's only chance is to get a U.S. senator to introduce what's called a private bill, identifying him as someone who should be allowed to stay in the country.
Gaby Pacheco, of United We Dream, a national organization that advocates for undocumented students, said she knows of only three or four private bills that have been introduced in the last five years. Former Sen. Christopher Dodd introduced one in 2007 for two brothers, born in Colombia and raised in Florida.
During campaigns for the DREAM Act, and especially last year, students across the country stated publicly that they were undocumented. Some allowed themselves to get arrested at sit-ins, exposing themselves to potential deportation.
"These young people have lived their whole lives here," Pacheco said. "Unfortunately, because of a broken immigration system, they fall into a limbo."
There's no way to know when Cardoso could be deported. With an estimated 11 million illegal immigrants in the country, officials focus on deporting those with criminal convictions for drugs or violent crimes. They could show up at his door in days, months, or years from now.
"It's just a ticking bomb and no one knows when it will go off," Pacheco said.
Cardoso says he now knows he is not alone and is determined to do what he can to bring reforms. There is too much at stake, he said, to do nothing.
"Everybody I know is here," he said. "Everything I hope to become is here."
http://articles.courant.com/2011-03-07/news/hc-hartford-cardoso-0307-20110306_1_immigration-agents-community-support-student
Wednesday, February 9, 2011
After a False Dawn, Anxiety for Illegal Immigrant Students
By JULIA PRESTON
The New York Times
February 8, 2011
MILWAUKEE — It was exhilarating for Maricela Aguilar to stand on the steps of the federal courthouse here one day last summer and reveal for the first time in public that she is an illegal immigrant.
“It’s all about losing that shame of who you are,” Ms. Aguilar, a college student who was born in Mexico but has lived in the United States without legal documents since she was 3 years old, said of her “coming out” at a rally in June.
Those were heady times for thousands of immigrant students who declared their illegal status during a nationwide campaign for a bill in Congress that would have put them on a path to legal residence. In December that bill, known as the Dream Act, passed the House, then failed in the Senate.
President Obama insisted in his State of the Union address and in interviews that he wanted to try again on the bill this year. But with Republicans who vehemently oppose the legislation holding crucial committee positions in the new House, even optimists like Ms. Aguilar believe its chances are poor to none in the next two years.
That leaves students like her who might have benefited from the bill — an estimated 1.2 million nationwide — in a legal twilight.
The president says he supports their cause, and immigration officials say illegal immigrant students with no criminal record are not among their priorities for deportation. But federal immigration authorities removed a record number of immigrants from the country last year, nearly 393,000, while the local police are rapidly expanding their role in immigration enforcement. Students often get caught.
Illegal immigrants also face new restrictions many states are imposing on their access to public education, driver’s licenses and jobs. And for those like Ms. Aguilar who came out last year to proclaim their illegal status, there is no going back to the shadows.
Republicans who will lead their party in the House on immigration issues say illegal immigrant students should not be spared from deportation. Representative Lamar Smith of Texas, chairman of the Judiciary Committee, led the opposition to the Dream Act, calling it “an American nightmare” that would allow illegal immigrants to displace American students from public colleges.
Mr. Smith and other Republicans on the Judiciary Committee have pledged to block any legislation giving legal status to illegal immigrants, which they reject as amnesty for lawbreakers. Still, as Politico first reported on Monday, Senators Charles E. Schumer of New York, a Democrat, and Lindsey Graham of South Carolina, a Republican, have begun preliminary talks to see whether there is enough support in Congress to try to pass a comprehensive immigration overhaul in coming months.
In the weeks since the Senate vote, many young illegal immigrants are grappling with the letdown after a campaign that mobilized thousands of them for sit-in protests and text message blitzes of Congressional lawmakers.
“Many have become extremely frustrated, sad, confused and without a lot of answers as to how to move forward,” said Roberto G. Gonzales, a sociologist at the University of Washington who has surveyed young illegal immigrants. “They had a lot of hope that their activities were going to change the minds of the country. Having the door slammed in their face hit many of them really hard.”
A moment of truth, Mr. Gonzales said, comes when the students graduate from college. Many excel academically, but without work authorization, they cannot be legally employed. Some immigrants with bachelor’s degrees end up busing restaurant dishes and cleaning offices, falling back on the jobs of their less educated parents, who often struggled to put them through college.
Hostility toward illegal immigrants has grown in many states. Lawmakers in Georgia and Virginia are considering measures to ban illegal immigrants from all public colleges. Bills to deny state resident tuition rates to illegal immigrants are under consideration here in Wisconsin, as well as in Arkansas, Kansas, Nebraska and Indiana. Only a few states, like Colorado and Maryland, are going the opposite direction, debating measures to allow illegal immigrants to pay the lower in-state tuition rates.
In the absence of a student bill in Congress, Obama administration officials are doing little to assist illegal immigrants who might be eligible for legal status if it passed. Department of Homeland Security officials said they would continue to reject any broad moratorium on deportations for those students.
Immigration agents have been instructed to focus on arresting immigrants who are convicted criminals, implicitly steering away from students without criminal records. When students do get caught, officials are using executive powers to postpone or cancel their deportations, they said.
Brian P. Hale, the senior spokesman for Immigration and Customs Enforcement, said the agency “uses discretion on a case by case basis, as appropriate.”
But senior administration officials said they did not want to make wider use of those powers for fear of deepening the conflict with Mr. Smith and other Republicans, who might try to limit the authority granted by immigration law and further stiffen their opposition to measures like the Dream Act. The officials spoke anonymously, saying they could discuss policy more freely that way.
The strategizing in Washington is doing little for Ms. Aguilar, 19, a junior at Marquette University here.
“If your name is out there immediately attached with ‘undocumented,’ then there is always this fear of being deported,” she said.
But Ms. Aguilar said she was not as dispirited as many other students like her because she still felt the elation that came after she revealed her illegal status, then traveled to Washington to watch the December vote from the Senate gallery.
“I think losing the shame overshadows the fear,” she said. “I’d much rather clarify to the public that being undocumented is just a circumstance I find myself in. I’d much rather have that out in the public than just living in fear.”
Immigrant activists say that coming out may have given some protection to student leaders like Ms. Aguilar, since administration officials would prefer to avoid the furor that would follow if one of them was detained. Ms. Aguilar also admits she has not yet had to face some of the hardest consequences of her status. An honors student in her Milwaukee high school, she was accepted to Marquette, a private Jesuit university, on a full tuition scholarship.
After the Senate vote, she said, she is working with an immigrant organization here to build new support for the student bill.
“It failed and we were all like super bummed out,” she said. “So we came out of there crying, but defiant. We were like, one day we’re going to pass this, don’t even worry about it.”
That pluck is not shared by José Varible, 19, another illegal immigrant from Mexico, who was brought to the United States at age 9 by his parents. A student in business management at Gateway Technical College, a community college in Kenosha, Wis., Mr. Varible also held a formal coming out ceremony last summer.
Since he is not eligible for any financial aid, Mr. Varible struggles to pay his tuition. He cannot drive, since Wisconsin does not issue licenses without proof of legal United States residence. With a knack for technology hardware, he taught himself to repair computers. But without a Social Security number, he can take only odd jobs doing that work.
Combined with his new exposure as an illegal immigrant, he said, those limitations sometimes sink him into depression. He has even considered moving to Australia.
“You know, the thing is, I just don’t feel welcome here,” he said. “You cannot live as an undocumented immigrant.”
http://www.nytimes.com/2011/02/09/us/09immigration.html?_r=3
The New York Times
February 8, 2011
MILWAUKEE — It was exhilarating for Maricela Aguilar to stand on the steps of the federal courthouse here one day last summer and reveal for the first time in public that she is an illegal immigrant.
“It’s all about losing that shame of who you are,” Ms. Aguilar, a college student who was born in Mexico but has lived in the United States without legal documents since she was 3 years old, said of her “coming out” at a rally in June.
Those were heady times for thousands of immigrant students who declared their illegal status during a nationwide campaign for a bill in Congress that would have put them on a path to legal residence. In December that bill, known as the Dream Act, passed the House, then failed in the Senate.
President Obama insisted in his State of the Union address and in interviews that he wanted to try again on the bill this year. But with Republicans who vehemently oppose the legislation holding crucial committee positions in the new House, even optimists like Ms. Aguilar believe its chances are poor to none in the next two years.
That leaves students like her who might have benefited from the bill — an estimated 1.2 million nationwide — in a legal twilight.
The president says he supports their cause, and immigration officials say illegal immigrant students with no criminal record are not among their priorities for deportation. But federal immigration authorities removed a record number of immigrants from the country last year, nearly 393,000, while the local police are rapidly expanding their role in immigration enforcement. Students often get caught.
Illegal immigrants also face new restrictions many states are imposing on their access to public education, driver’s licenses and jobs. And for those like Ms. Aguilar who came out last year to proclaim their illegal status, there is no going back to the shadows.
Republicans who will lead their party in the House on immigration issues say illegal immigrant students should not be spared from deportation. Representative Lamar Smith of Texas, chairman of the Judiciary Committee, led the opposition to the Dream Act, calling it “an American nightmare” that would allow illegal immigrants to displace American students from public colleges.
Mr. Smith and other Republicans on the Judiciary Committee have pledged to block any legislation giving legal status to illegal immigrants, which they reject as amnesty for lawbreakers. Still, as Politico first reported on Monday, Senators Charles E. Schumer of New York, a Democrat, and Lindsey Graham of South Carolina, a Republican, have begun preliminary talks to see whether there is enough support in Congress to try to pass a comprehensive immigration overhaul in coming months.
In the weeks since the Senate vote, many young illegal immigrants are grappling with the letdown after a campaign that mobilized thousands of them for sit-in protests and text message blitzes of Congressional lawmakers.
“Many have become extremely frustrated, sad, confused and without a lot of answers as to how to move forward,” said Roberto G. Gonzales, a sociologist at the University of Washington who has surveyed young illegal immigrants. “They had a lot of hope that their activities were going to change the minds of the country. Having the door slammed in their face hit many of them really hard.”
A moment of truth, Mr. Gonzales said, comes when the students graduate from college. Many excel academically, but without work authorization, they cannot be legally employed. Some immigrants with bachelor’s degrees end up busing restaurant dishes and cleaning offices, falling back on the jobs of their less educated parents, who often struggled to put them through college.
Hostility toward illegal immigrants has grown in many states. Lawmakers in Georgia and Virginia are considering measures to ban illegal immigrants from all public colleges. Bills to deny state resident tuition rates to illegal immigrants are under consideration here in Wisconsin, as well as in Arkansas, Kansas, Nebraska and Indiana. Only a few states, like Colorado and Maryland, are going the opposite direction, debating measures to allow illegal immigrants to pay the lower in-state tuition rates.
In the absence of a student bill in Congress, Obama administration officials are doing little to assist illegal immigrants who might be eligible for legal status if it passed. Department of Homeland Security officials said they would continue to reject any broad moratorium on deportations for those students.
Immigration agents have been instructed to focus on arresting immigrants who are convicted criminals, implicitly steering away from students without criminal records. When students do get caught, officials are using executive powers to postpone or cancel their deportations, they said.
Brian P. Hale, the senior spokesman for Immigration and Customs Enforcement, said the agency “uses discretion on a case by case basis, as appropriate.”
But senior administration officials said they did not want to make wider use of those powers for fear of deepening the conflict with Mr. Smith and other Republicans, who might try to limit the authority granted by immigration law and further stiffen their opposition to measures like the Dream Act. The officials spoke anonymously, saying they could discuss policy more freely that way.
The strategizing in Washington is doing little for Ms. Aguilar, 19, a junior at Marquette University here.
“If your name is out there immediately attached with ‘undocumented,’ then there is always this fear of being deported,” she said.
But Ms. Aguilar said she was not as dispirited as many other students like her because she still felt the elation that came after she revealed her illegal status, then traveled to Washington to watch the December vote from the Senate gallery.
“I think losing the shame overshadows the fear,” she said. “I’d much rather clarify to the public that being undocumented is just a circumstance I find myself in. I’d much rather have that out in the public than just living in fear.”
Immigrant activists say that coming out may have given some protection to student leaders like Ms. Aguilar, since administration officials would prefer to avoid the furor that would follow if one of them was detained. Ms. Aguilar also admits she has not yet had to face some of the hardest consequences of her status. An honors student in her Milwaukee high school, she was accepted to Marquette, a private Jesuit university, on a full tuition scholarship.
After the Senate vote, she said, she is working with an immigrant organization here to build new support for the student bill.
“It failed and we were all like super bummed out,” she said. “So we came out of there crying, but defiant. We were like, one day we’re going to pass this, don’t even worry about it.”
That pluck is not shared by José Varible, 19, another illegal immigrant from Mexico, who was brought to the United States at age 9 by his parents. A student in business management at Gateway Technical College, a community college in Kenosha, Wis., Mr. Varible also held a formal coming out ceremony last summer.
Since he is not eligible for any financial aid, Mr. Varible struggles to pay his tuition. He cannot drive, since Wisconsin does not issue licenses without proof of legal United States residence. With a knack for technology hardware, he taught himself to repair computers. But without a Social Security number, he can take only odd jobs doing that work.
Combined with his new exposure as an illegal immigrant, he said, those limitations sometimes sink him into depression. He has even considered moving to Australia.
“You know, the thing is, I just don’t feel welcome here,” he said. “You cannot live as an undocumented immigrant.”
http://www.nytimes.com/2011/02/09/us/09immigration.html?_r=3
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