deferred-action

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Juan Manuel Montes may be the first “DREAMer” deported under Donald Trump

  • Federal authorities deported 23-year-old California resident Juan Manuel Montes, who has lived in the U.S. since the age of nine and twice received Deferred Action for Childhood Arrivals protections under Barack Obama’s administration, in what appears to be the first case of a DACA-protected “DREAMer” being deported under President Donald Trump.
  • According to USA Today, Customs and Borders Protection officers approached Montes in Calexico, California on Feb. 17, after Montes had left his wallet in a friend’s car. 
  • Just three hours later, Montes found himself deported to Mexico.
  • “Some people told me that they were going to deport me; others said nothing would happen,” Montes told USA Today. “I thought that if I kept my nose clean nothing would happen.” Read more (4/18/17 5:40 PM)

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medium.com
Don’t Get Your Undocumented Friends in Trouble: A How-To
Posted March 2, 2017, written in collaboration with local leaders from the Washington Dream Coalition, an organization led by undocumented youth.
By The Daily Demand

Many US Citizens take our citizenship for granted. It’s something most of us never worry about or think about, and the majority of us have never experienced life without it. As a consequence, we are incredibly out of touch with what privileges come with citizenship and what our impact as citizens can have on our undocumented friends and neighbors.

If we are serious about defending DACA (Deferred Action for Childhood Arrivals) , organizing against ICE raids and detention centers, and exploring other ways to exercise allyship with undocumented folks, there are precautions we must take.

Organizing against deportations and the forces that carry them out is not like campaigning for a candidate, an initiative, or other causes we may all have experiences with- the risk is much higher. While organizing efforts may very well include politicians and initiatives, the nature of the work means that if we are not careful, we can literally get our colleagues, friends, and their families locked up or deported.

*You should not consider the following list legal advice nor an exhaustive list of precautions to take. If there are undocumented people in your lives or on your campaigns, someone should be reaching out to get familiar with their personal boundaries, risk levels, and safety plans.

[Bullet points from the list]:

1. Don’t “out” people who are undocumented. 

2. Don’t “out” areas where undocumented people live. 

3. Don’t prioritize appearing as though you are “centering those most affected” above not getting those “most affected” deported. 

4. Don’t list build if you don’t have to. 

5. Protect your lists as if your own deportation depended on it. 

6. Don’t put YOUR OWN name on lists. 

7. Some things you can do on your own, in secret- and you should. 

8. Understand that Homeland Security, ICE, and other federal agencies are not like your local police department. 

9. Stop fucking inviting your undocumented friends to the detention center. 

10. Do not communicate about sensitive issues around documentation, immigration, etc on phones or digital devices, let alone the internet. 

11. This includes your encrypted apps like Signal.

12. This includes your email servers like RiseUp.Net.

13. This includes Slack.

14. I DON’T CARE WHAT YOUR CODER OR ANARCHIST FRIENDS SAID. DON’T TALK ABOUT SENSITIVE SHIT ON THE INTERNET.

15. Do not spread information that you are not COMPLETELY SURE is accurate and verified.

16. Do not post media of undocumented people on social media. Only videotape what is necessary and destroy what isn’t needed. 

17. Take the time to understand all the risk undocumented people face and how they are treated differently in the legal system. 

18. Don’t ask undocumented people to take coordinated arrests.

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Judge in the deported “Dreamer” case is the same one Trump attacked for his Mexican heritage 

  • Trump will once again have to face U.S. District Judge Gonzalo Curiel, the Mexican-American judge whose impartiality Trump famously questioned during the campaign because of his Mexican-heritage.
  • The Trump administration will now have to go before Curiel in the case of Juan Manuel Montes, the first undocumented “Dreamer” protected by the Obama administration’s Deferred Action for Childhood Arrivals, or DACA, program to be deported during the Trump administration. 
  • The 23-year-old Montes was arrested and deported in February while visiting his girlfriend in Calexico, California. 
  • U.S. Customs and Border Protection agents claimed that his DACA had expired, but Montes’ lawyers have reportedly produced evidence showing that his protected status does not expire until 2018.
  • Curiel has been asked to rule on whether the CPB must release information on Montes’ arrest and deportation to his team of attorneys. Read more (4/20/17)

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23-year-old “Dreamer” immigrant arrested in Seattle

  • A 23-year-old Seattle man, previously authorized to stay in the U.S. by Obama’s DACA program, was detained by immigration officials on Friday.
  • His arrest raises thorny legal questions about immigrants’ rights under President Trump.
  • The man, Daniel Ramirez Medina, had been granted deferred action and employment authorization under Obama’s Deferred Action for Childhood Arrivals, or “DACA”, program in 2014 and again in 2016, CNN reports.
  • But when immigration officials showed up at his door on Feb. 10 to arrest his father, they took him as well.
  • According to the New York Times, Ramirez and his lawyers have since filed a lawsuit against the federal government on the grounds that his detainment is unconstitutional, “unprecedented and unjustified.” Read more (2/15/17 7:47 AM)

Yes, I am an immigrant. Yes, I was illegal. No, not by choice, by circumstances. My parents are not to blame, they’ve worked their asses off for years trying to provide me with a better future, but all we’ve gotten back is a big kick in the ass. All three of us have worked for americans who mistreated us and underpaid us for years without complaining, dealing with their bullshit for so long and still managing to do what we had to do better than so many others.

Guess what. My DACA application was approved back in February but I still cannot go to school. Why? Because it is fucking expensive and I cannot get financial aid and it is required for me to pay out of state fees in college ($350-$400 per credit) and now republicans are trying to shut down the DREAM act?

Fuck everyone! I am so sick and tired of being told I cannot study just because I do not own a green card. I am a 21 year frustrated young woman who really wants to study and become someone in this world and is willing to work her ass off to get where she wants, but I keep being shut down and pushed and walked on by everyone else. I cannot take it anymore.

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These undocumented Dreamers were outspoken before Trump. They’re going to stay that way.

  • Activist Erika Andiola is one of an estimated 1.8 million undocumented immigrants who entered the country as children. 
  • Called “Dreamers” — after the DREAM Act (Development, Relief and Education for Alien Minors) — this group was granted temporary legal status under the Obama administration’s Deferred Action for Childhood Arrivals (DACA) program.
  • Throughout President Barack Obama’s tenure, a handful of Dreamers like Andiola have become well-known critics of U.S. immigration policy, advocating on behalf of the estimated 12 million people in the country without authorization. 
  • As Trump cracks down on illegal immigration, the most visible among them fear retribution from the administration for speaking out.
  • They have reason to be wary. While Trump has said DACA recipients will not be targeted in his deportation crackdown, Immigration and Customs Enforcement (ICE) has already arrested several Dreamers — at least two of whom remain in custody. 
  • Even if Dreamers are safe, almost all of them have family members in the United States who are eligible for deportation.
  • Despite those risks, several Dreamers with high profiles told Mic that they were not about to let his election keep them from speaking out. Read more (3/3/17 2:14 PM)

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Trump is already detaining and trying to deport the “Dreamers” Obama said could stay in the country

  • Now that Trump is president, Immigration and Customs Enforcement has started to ramp up its enforcement actions. (Vox)
  • On Feb. 10, ICE officials detained Daniel Ramirez Medina, a 23-year-old Mexico-born man, who had lived in the U.S. since he was 7 years old, had no criminal record and was covered by Obama’s Deferred Action for Childhood Arrivals program.
  • DACA creates protections against deportation for a class of immigrants known as Dreamers, who came to the U.S. without documents as children. 
  • In the case of Medina, the 23-year-old Dreamer, the detention is not only shocking but appeared to be a blatant violation of the Obama-era policy. 
  • On Friday, the Los Angeles Times reported that senior White House officials are exploring ways to end DACA without involving Trump. 
  • Ramirez’s case illustrates one of the ways they can make that happen.
  • Constitutional law experts Laurence Tribe and Ted Boutrous have taken legal action to challenge Ramirez’s detention. Read more (2/17/17 1:05 PM)

Donald Trump is now president — here are 8 guides to help you resist his agenda

Indivisible

Written by a group of progressive former congressional staffers, this guide takes the majority of its wisdom from an unlikely source: the Tea Party. “We saw these activists take on a popular president with a mandate for change and a supermajority in Congress,” the former staffers wrote about the Tea Party’s challenge to President Obama starting in 2009, shortly after he took office. “Their ideas were wrong, cruel and tinged with racism — and they won.”

So, taking a page from the Tea Party’s playbook, Indivisible offers practical dos and don'ts for people who want to challenge their elected officials. It urges activists to start and focus their efforts locally, because constituents are the people to whom every elected official is responsible.

Resistance Manual

This is a guide that was put together by Stay Woke — a branch of We, the Protesters, a group led by popular online activists DeRay McKesson and Netta Elzie. It’s a working document that lays out essential readings, issue areas and resources.

“The manual will grow over time as more and more people contribute updates, facts and resources to it,” McKesson wrote in an email announcing the manual’s release. “As such, we encourage you to contribute important information for others to read.”

Know Your Rights: Demonstrations and Protests

The right to peaceful assembly is a universal promise, but certainly not a guarantee. It’s a safe bet to expect civil disobedience to increase during Trump’s presidency. Big and small protests have already been happening in cities across the country, and those demonstrations are likely to get bigger and louder as Trump’s agenda unfolds in earnest. But the specifics of those protests are often hard to gauge. This guide, provided by the American Civil Liberties Union, helps with the nuts and bolts, such as how to secure permits, what restrictions need to be followed on private property and whether protesters have the right to take photos or videos during demonstrations.

Know Your Rights: What to Do if You’re Stopped by Police

Trump has promised to bring back law and order to America’s cities. But for many marginalized communities, that type of speech is just code for allowing law enforcement to wantonly stop, search and possibly arrest black and brown people — concerns for which there’s been plenty of precedent.

This is another guide from the ACLU. This one spells out what you have the right to ask and show police. Note that it’s never a certainty that those rights will be respected by a law enforcement officer during a confrontation, but this guide outlines your rights so you can at least know which of those rights are being violated and what violations to report later on.

Know Your Rights: Transgender People at Work

Trump has repeatedly vowed to repeal the Affordable Care Act, which could have dire consequences for millions of Americans. But transgender communities already felt the brunt of those consequences in December, when a federal judge in Texas halted protections for transgender Americans in Obamacare shortly before they were set to go into effect.

While that’s one tangible effect of a Trump presidency fundamentally altering what’s possible for transgender communities, another will be limiting — or even drawing back — federal protections in housing and employment. Sen. Jeff Sessions, Trump’s pick for attorney general, has a history of anti-LGBTQ sentiment, including his refusal to sign a voluntary nondiscrimination pledge. He also voted against the Employment Non-Discrimination Act, which would offer federal protection against gender identity discrimination in the workplace. This guide, again from the ACLU, offers general overviews of what employers can and can’t do as it relates to employees’ gender identity.

Digital Security Tips for Protesters

Smartphones have become an indispensable tool for protesters, whether it’s used to document police violence or simply challenge the mainstream media’s narrative of what’s happening on the ground. But technology also leaves protesters vulnerable to government surveillance. The Electronic Frontier Foundation is a nonprofit that focuses on civil liberties and technology, and its guide on digital security for protesters is a must-read. From how to send secure messages to friends to instructions for backing up your data and installing apps with strong encryption software, this guide has what protesters will need to make their voices heard.

How to apply for deferred action in the Trump era

It’s unclear what, exactly, will become of the Obama administration’s Deferred Action for Childhood Arrivals, the immigration program he enacted by executive order that helped hundreds of thousands of immigrant young people gain temporary relief from deportation.

Neither Sessions nor Trump’s nominee for secretary of Homeland Security, Gen. John Kelly, would say one way or another in their confirmation hearings that participants in the program would not be targeted by immigration officials. And Trump himself vowed to end the program while he was running for office. But, as of now, the program still exists, and is one of the only forms of protection for immigrant youths. The National Immigration Law Center updated their tips on how to apply shortly after Trump was elected.

“Over 700,000 people so far have opted to apply for and received DACA, and many of them have found better paying jobs, gotten driver’s licenses, and enjoyed other positive benefits,” the group says on its website. “Again, whether to apply for DACA is a personal choice, but here are some of NILC’s post-election recommendations.”

Tips for reporting incidents of Islamophobia

It’s no surprise, given the “build-the-wall-ban-the-Muslims” rhetoric that permeated Trump’s campaign, that hate crimes ticked upward after his election. The Council on American-Islamic Relations has a bunch of resources for people who want to report bias incidents, and also makes it easy to report those incidents so that CAIR can keep count of them.

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usatoday.com
First protected DREAMer is deported under Trump
Trump vowed he wouldn't target DACA recipients, but one has been deported.

Federal agents ignored President Trump’s pledge to protect from deportation undocumented immigrants brought to the United States as children by sending a young man back to his native Mexico, the first such documented case, a USA TODAY examination of the new administration’s immigration policies shows.

After spending an evening with his girlfriend in Calexico, Calif., on Feb. 17, Juan Manuel Montes, 23, who has lived in the U.S. since age 9, grabbed a bite and was waiting for a ride when a U.S. Customs and Border Protection officer approached and started asking questions.

Montes was twice granted deportation protections under the Deferred Action for Childhood Arrivals (DACA) program created by President Barack Obama and left intact by President Trump.

It’s been nearly five years since president Barack Obama signed the executive order known as DACA, Deferred Action for Childhood Arrivals. It gave “protected status” to immigrants who had arrived in the U.S. before they turned 16.

DACA allowed them to remain in the U.S., work, obtain a driver’s license and study. More than 750,000 registered and were vetted. DACA, however, did not offer them a pathway to citizenship. It just meant they would not be deported.

During his presidential campaign, Donald J. Trump called DACA “illegal” and a violation of the constitution. As president, Trump has since softened his tone, but many young people protected under DACA are still fearful they’ll be rounded up and deported.

Daisy Romero, 21, is one of them. She’s a political science major at Trump’s alma mater, the University of Pennsylvania.

Born in Coahuila, Mexico, Romero grew up in San Antonio, Texas. She was 9 years old when she and her parents entered the U.S. with tourist visas. They never went back.

DACA, One Student’s Story

Photo: LA Johnson/NPR

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On the 5th anniversary of DACA, Trump administration revokes DAPA

  • The Trump administration on Thursday announced it is ending the Deferred Action for Parents of Americans and Lawful Permanent Residents program, or DAPA.
  • DAPA was an Obama-era policy that would have granted a pathway to citizenship for undocumented immigrants whose children are United States citizens or residents.
  • The announcement came on the fifth anniversary of the Deferred Action for Childhood Arrivals program. Read more (6/15/17)

Trump will continue DACA, Obama’s program for childhood arrivals

  • On Thursday night, President Donald Trump’s administration decided to continue the Deferred Action for Childhood Arrivals program, the New York Times reported. 
  • The program allows undocumented immigrant children who were brought to the United States as minors, widely known as “Dreamers,” to stay in the U.S. and obtain working visas.
  • Trump’s decision veers from his strident anti-immigrant campaign rhetoric. Read more (6/16/17)

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HOPE

There will be struggles and obstacles in your path, but God will give you this not because you cant overpass them, because his making you stronger and he knows that you have the strength to do this. After DACA approved, its not easy to get a new job with no experience working in a hotel/casino here in las vegas. But its not how you fall but how fast you get up. HOPE IS WHAT MOVES ME, AND ALL THE LITTLE THINGS IN LIFE!! WE HAVE A FUTURE , LETS MOVE FORWARD DREAMERS, BECAUSE WE ALL HAVE A DREAM! <3      

                                                    Roman

Happiness

Today I received my work permit and approval letter. I am now DACA approved for two good years. I will take this opportunity and make the best of it because it’s what I’ve been waiting for 22 years. I am so ready and excited for what’s to come. It won’t all be rainbows and sunshines, but I know my will and faith is strong enough for anything. I am strong and capable and now it’s up to me to seize it and prove to myself that I’m capable of making it. Work, school, and life, Francisco is coming for you.

usatoday.com
Trump to face 'Mexican heritage' judge in deported DREAMer case
Trump blasted a California judge for his Mexican heritage.

President Trump will confront a familiar figure in the lawsuit over a DREAMer who was deported by federal immigration agents: U.S. District Judge Gonzalo Curiel.

He’s the judge who oversaw a lawsuit involving Trump University who Trump accused of being biased because of his “Mexican heritage.” Curiel, who was born in Indiana, approved a $25 million settlement between Trump and students who claimed they overpaid for real estate seminars. Trump didn’t admit any wrongdoing under the terms of the settlement.

Now, Curiel has been assigned to handle a lawsuit brought on behalf of Juan Manuel Montes, 23, a California resident who was deported in February despite being approved for the Deferred Actions for Childhood Arrivals (DACA) program, which provides protective status for undocumented immigrants brought to the country as children.

Curiel’s assignment to the case was completely coincidental, according to rules for the Southern District of California. Kari Hong, an assistant professor at Boston College Law School who used to be an attorney in California, said judges are selected based on a rotating schedule. The court sets up a list of available judges and they are assigned each case as they come in.

Hong said judges regularly recuse themselves from cases if there is a conflict of interest, the appearance of a conflict of interest or if the judge has a financial stake in the outcome of the case. She said it’s highly unlikely Curiel would recuse himself based solely on the derogatory comments Trump made about him.

“Simply being attacked by the President isn’t a conflict of interest. If that were the standard, the entire 9th Circuit Court of Appeals couldn’t handle a single case,” she said, referring to the San Francisco-based appeals court that shot down Trump’s attempts to institute a travel ban against six majority-Muslim countries.

latimes.com
Galaxy's Aguilar unsure of his place on the team — and in the country
Miguel Aguilar never wanted to leave Mexico.
By Kevin Baxter

The LA Galaxy’s Miguel Aguilar, believed to be the first of 861,000 DACA recipients to become a professional athlete, could also become MLS’s first player to be deported. 

Aguilar is among the more than 861,000 undocumented immigrants who received protection from deportation under President Obama’s Deferred Action for Childhood Arrivals (DACA). The executive order provides work permits for people brought to the U.S. as children, provided they meet certain conditions.

What it doesn’t provide is a path to lawful, permanent status in the U.S. And with President Trump aggressively expanding immigration enforcement policies, Aguilar is now apprehensive about his future.

“He’s targeting people like myself,” Aguilar said. “I think that’s grounds to be concerned.”

A first-round pick of D.C. United in the 2015 MLS SuperDraft, Aguilar is believed to be the first DACA recipient to become a professional athlete. And though that temporary status allowed him to work, get a driver’s license and graduate from the University of San Francisco with a finance degree and a 3.7 grade-point average, if the new administration rescinds DACA, Aguilar could find himself the first MLS player to be deported.

“The field, for me, is a bit of a sanctuary,” he said. “Definitely at times watching the news and reading different stories and articles, it is something that gets me thinking.I get angry sometimes. There’s no empathy there, especially for kids.”

Of the four Aguilars who came across the border together in 2004, Miguel was the only one young enough to qualify for protection, even temporarily, from deportation. As a result he won’t speak publicly about the others, saying only that they remain in this country without legal status.But it’s clear the difficulties his single mother endured, first rescuing her children from blood-soaked Juarez, then trying to provide for them in a new country where she wasn’t welcome, has colored Aguilar’s world view.

“You’re telling me just because she was born on the wrong side of this border, that doesn’t make her a human anymore? That pisses me off,”  said Aguilar, who hasn’t been able to see his father since he left Mexico. “The fact that a piece of paper is more important than humility and helping each other? I can go on and on about it.“Just that fear of separation of families again. That’s my biggest issue with this whole immigration stuff.”

Filipinos are the largest undocumented Asian group in the U.S.

Filipino voters comprise of the majority of Asian voters for Trump.

Y'all literally sold out your own people, in order to be accepted in a white supremacist society where the system nor white people care about you.

Trump intends to reverse all of Obama’s executive orders in the first 100 days, including DACA, Deferred Action for Childhood Arrivals. The bill that allows undocumented children to work, obtain an ID/Driver’s license, and have a SSN.

Immigration reform was probably not going to happen with Clinton. But thousands of undocumented folks, and those who rely on DACA, are in even more danger now.

I don’t expect revolution to happen with laws or bills. But this is happening to your own community.

Y'all can try to be good with the white folks but you will never be white. They want your ass out of here too.

My dear DACA friends & Amigos

Today was my drivers test, and after effort and practice and all the previous experience everythings pays off at the end. So i had.my appointment @12 so i arrived like 30 min early, my instructer was a okay person, made me.get in the car and check all the safety procedures, so then we hit the road. At the end he made me do the famous parallel parking, and guess what i perfected it, we parked then he said come with me, .for a second my mind was like ooopps i failed it, then as i opem the door for him, his.like you got a 93% you passed. ^________________^ im so happy and now a dacamented has a license, and YES everything is possible its all in your mind.

buzzfeed.com
Trump Administration Rescinds Order Aimed At Protecting Undocumented Parents From Deportation
By Salvador Hernandez, Lissandra Villa

Homeland Security Secretary John Kelly on Thursday put an official end to an immigration order created under former President Obama that would have allowed undocumented parents of citizens and legal residents to remain in the country for three years.

The plan was never implemented and was put in a permanent state of limbo after 26 states challenged the order. In October, the US Supreme Court declined a request from the Obama administration to rehear the case.

The Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA, could have affected millions of undocumented immigrants with children in the US who are citizens or legal residents.

Those who have lived in the US since at least Jan. 1, 2010, would have been allowed to apply for permission to work.

Texas Democrats criticized the decision, saying it would harm American families.

“President Trump has chosen to separate American children from their parents, causing harm and suffering,” Rep. Joaquin Castro Castro told BuzzFeed News.

“Today’s action by the administration is not surprising,” Rep. Filemon Vela, said. “But that does not make it any less vicious, especially on the 5th anniversary of DACA. The President is affirming his virulent racism by systemically tearing families of color apart.”