15 November 2013 ~ 0 Comments

Community Voices: “Legalization for All”

President Obama continues to deport people, even as pro-reform advocates with significant salaries continue to fast on Capitol Hill for comprehensive immigration reform. The undocumented have been starved for many years so we’ll continue to eat what we can.

In some good news, the federal government is stopping the deportations of the spouses, children and parents of U.S. Armed Forces, paroling them under § 212(a)(6)(A)(i). This means family members of current and former U.S. armed forces personnel would no longer face deportation. To request parole, the non-citizen must submit to the director of the USCIS office with jurisdiction over the non-citizen’s place of residence:

o Completed Form I-131, Application for Travel Document (No fee required)
o Evidence of the family relationship;
o Evidence that the alien’s family member is an Active Duty member of the U.S. Armed Forces, individual in the Selected Reserve of the Ready Reserve or an individual who previously served in the U.S. Armed Forces or the Selected Reserve or the Ready Reserve such as a photocopy of both the front and back of the service member’s military identification card (DD Form 1173);
o Two identical, color, passport style photographs; and
o Evidence of any additional favorable discretionary factors that the requestor wishes considered.

This move serves as further evidence that the Obama Administration has the authority to stop deportations through administrative ways, and can expand DACA to include our family members. This news also comes at a time when the Pentagon has come out with a new discriminatory policy that family members of undocumented can no longer serve in the Marines or Navy. I suppose if U.S. citizens are not allowed to serve in the Marines or Navy, their family members cannot be paroled in the same way as the family members of the U.S. Army. This policy is irreconcilable with the Administration’s use of discretion for Army families, and put simply, unlawful discrimination.

Speaking of irreconcilable policies, ICE has deported five of the DREAM 30 in what appears to be a political ploy to deter similar efforts in the future. Nayeli Buenrostro, Erika Guzman, and Jonathan Zuniga remain detained at El Paso, Texas, even after passing their credible fear interviews. According to their attorney David Bennion:

ICE wants to push Erika and Nallely through expedited removal proceedings under difficult circumstances–I am representing them pro bono from the other side of the country–in order to deport them as soon as possible. ICE believes they can get away with this because the Congressional Hispanic Caucus has abandoned Erika, Nallely, and the rest of the Dream 30. If they are deported, it will be on the shoulders of Reps. Gutierrez and Hinojosa and the other members of Congress who stood by and watched it happen. This is a clear abuse of discretion of the kind that is unfortunately all too common under the Obama administration.

Arturo Carmona, Executive Director of Presente.org, the largest Latino online advocacy organization in the country has expressed his disappointment with most of the Congressional Hispanic Caucus, who are getting “Dreamers” arrested and not fighting to stop the deportations of their own community members:

The arrest of the immigrant rights activists by one of the most powerful Latinos in Congress is more than just ironic. Rather, it reflects how profoundly the complex politics of immigration reform have changed. Increasingly, Democrats from President Obama on down, are the object of growing numbers of protests, marches, sit-ins and other acts of civil disobedience designed to push Democrats to stop the greatest, most immediate threat to immigrant life: the detention and deportation madness that has led Democrat Obama to become what some are calling “Deporter-In-Chief” and “the worst immigration President in US history.”

[…]

And then there’s the tragic truth that can’t be muted with hollow calls of “Si Se Puede!” at rallies for an “immigration reform” that has no chance of passing: the overwhelming majority of the soon-to-be 2 million people deported by the administration are Mexican and Central American. Meanwhile, as the entire immigrant rights community escalates its activism in its call to end this tragedy, Hinojosa and many members of the CHC attack Republicans, get DREAMers arrested, but remain silent before President Obama’s unprecedented devastation of Latinos.

The Congressional Hispanic Caucus (CHC) is utterly paralyzed, much like most of Congress. Earlier this week, Rep. Luis Gutierrez (D-IL) dropped a bombshell that he knew CIR was dead, not even on life support, in May, something we have known for a while. In light of this revelation, it is rather bizarre that Rep. Gutierrez would allow his Communications Director to misuse his government resources to launch a personal attack on an undocumented organizer for saying the same. For those who do not know, this is how the CIR lobby works–you get close to unveiling the truth about the immigration non profit industrial complex, and you get burned. Been there, done that. This is how, despite dozens of announcements about the death of CIR, the media manipulation has continued. Since the excellent pieces in The Hill (How Immigration Died Part 1 and Part 2), pro-reform groups, who stand to lose millions of dollars in funding if the reform effort appears dead, have gone on a media blitz to salvage S.744 and H.R. 15 by spreading more misinformation and lies about the prospects of the legislation.

Instead of flogging a dead horse, grassroots efforts and calls to stop the deportations are growing. Yesterday, in New Orleans, Congreso de Jornaleros (Congress of Day Laborers) held a sit-in, asking ICE to stop the raids and deportations of community members.

Congress of Day Laborers/Congreso de Jornaleros sitting-in at ICE to say #Not1More raid or deportation.

Photo Credit: Not 1 More Campaign, NDLON.

The Legalization for All campaign held a nationwide call-in day to ask that President Obama extend DACA to other undocumented residents, with over a hundred people making calls in support. Geraldo Rivera, Fox News Latino, agrees that the way to move forward is for Obama expand discretion and work on obtaining driver’s licenses for undocumented residents:

Among other efforts, the shorter-term strategy must focus on the discretionary power of the president elected by Latinos to ease the plight of the undocumented. Like Mr. Obama has already done with the “DREAMer” kids, (the Deferred Action for Childhood Arrivals program), he can issue administrative orders to call off immigration agents and ease the rush to deport the kid’s parents.

The other thing immigrant advocates can do is put pressure on State Houses and Governor’s Mansions.

On Monday, Maryland became the 13th state to either issue or announce it will soon be issuing driver’s licenses for undocumented immigrants; joining Connecticut, Utah, California, North Carolina, Illinois, Oregon, Colorado, Rhode Island, Nevada, Washington State, Washington D.C., New Mexico and Vermont.

Speaking of driver’s licenses, Illinois is already rolling out licenses for undocumented residents. And after our strong push for One City, One License in the District of Colombia, Mayor Gray will sign a bill this Monday giving driver’s licenses to all undocumented residents. The Office of Latino Affairs estimates that over 20,000 residents would be eligible for a driver’s license or state identification card in D.C. In order to obtain a driver’s license or identification in D.C. starting in May, undocumented residents would need to get an individual taxpayer ID number from the IRS and establish 6 months of residency in the District. In other words, the time to move to the District of Columbia, is now. If you know people who can benefit from this, put them in touch with DreamActivist D.C. as we work on implementation efforts. 

Grassroots momentum is also translating into wins. In New Jersey, the New Jersey Dream Act Coalition (NJDAC) continued to move closer to winning tuition equity for undocumented students, with a Senate vote set for Monday. Governor Christie has indicated that he would sign the legislation, giving instate-tuition rates to all undocumented residents who have a diploma from a New Jersey high school.

Moving away from politics, it is college and graduate school applications season! As such, the Educators for Fair Consideration (E4FC) released their much awaited 2013-2014 guide for scholarship for undocumented students.

As always, send me your blogs and even books to feature on this blog. This week, I received The Ones Who Don’t Stay, by Paola Mendoza. I look forward to reading and reviewing it as I work on my book.

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