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For all media inquiries, contact Jose Torres-Don at (512) 744-8804.

NCDOT announced today DACA licenses will no longer have a pink stripe, will keep "No Lawful Status"

NCDOT announced today DACA licenses will no longer have a pink stripe, will keep “No Lawful Status”

“No Lawful Status” with “Legal Presence”? Regular license instead of pink license? None of that matters because we are no longer afraid! 

by Jose Torres-Don

As an undocumented DACA eligible youth I welcome this license as an opportunity. For us it has not been about what color our drivers licenses are. The truth is that our fight for the DACA drivers licenses has been more about empowerment in our everyday lives to take control of who we are and not let anyone tell us what our place is or is not.

We are taking these licenses knowing that the biggest and most important battle is the one in our head that leads us to our own individual liberation independent of politicians, policies (or lack of), anti-immigrant groups and anything and anyone in between.

Ultimately our perseverance comes from knowing that we are valuable and that no matter how negative the anti-immigrant rhetoric is, we are human beings and we will no longer engage in the dehumanizing process of living in the “shadows”…something that politicians on both sides of the aisle have advanced. We do not need a specific color on a license to tell us, and the rest of North Carolina, who we are. We are undocumented, we are no longer afraid and do not wish to hide that neither by being silent nor by being issued a regular license.

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We seek to drive without fear, to challenge the idea that we should remain in the shadows and to challenge the idea that this is about an “us” vs “them”. Instead, we want to have a real and honest conversation about how being undocumented is a problem and how we can find equitable and reasonable solutions that work for North Carolina. We look forward to having a bigger conversation about the enlightened self-interest for people in public office to not be bullied by radical anti-immigrant groups and instead see the value in moving North Carolina forward that is inclusive of the Hispanic community. We cannot promise the “hispanic vote”, we won’t promise that to any party, however, the national leadership of the GOP has signaled where the starting line is for Republicans of reasonable minds. It starts with seeing the value of the opportunity over the issue of immigration and proactively bidding for a broader base.

We are gaining momentum! The North Carolina NAACP has issued a statement supporting immigrant youth. Keep calling and signing the petition so that Anthony Tata, Pat McCrory, and all of these politicians know that they must act immediately. But we have to keep calling until we have a solution!

Make A Call:

Eric Boyette (NC DMV Commissioner)  –  (919) 861-3015

Tony Tata (NC Dept of Transportation Secretary)  –  (919) 707-2800

Sample script: “Hi, I am calling to ask that the NC DMV adhere to the statement made by Attorney General Cooper saying DACA holders have a right to obtain driver licenses by NC state law. I ask that this official statement be reflected in the DMV’s requirements for driver licenses immediately. Thank you!”

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NAACP

NC NAACP Issues Statement in Response to the NC DOT’s Unwillingness to Comply with NC Attorney General’s Ruling on Licenses for Young People Under the Deferred Action for Childhood Arrivals (DACA) Executive Order

FOR IMMEDIATE RELEASE

22 January 2013

For More Information:    Rev. Dr. William J. Barber, President, 919-394-8137

Mrs. Amina J. Turner, Executive Director, 919-682-4700

Atty. Jamie Phillips, Public Policy Coordinator, 919-682-4700

For Media Assistance:     Rob Stephens, Field Secretary, 336-577-9335

The NC NAACP is asking Governor Pat McCrory to instruct his Secretary of Transportation Anthony Tata to obey the federal rules, as upheld by N.C. Attorney General Roy Cooper, and issue driver licenses to young immigrants who are in the Deferred Action for Childhood Arrivals (DACA) program.

Rev. Dr. William J. Barber II, the NC NAACP President, is challenging the Governor to divorce himself from the petulant and adolescent comments of Lt. Gov. Dan Forest.  Forest is quoted as saying, “We are a sovereign state and need to stand up and push back when the Feds encroach on our ability to protect our citizens and enforce our laws.”

Barber said, “North Carolina needs to focus on unifying and lifting up all people, especially our children. Lt. Gov. Forest’s statement divides and scapegoats.  Does Gov. McCrory agree that North Carolina should act in direct violation of the U.S. Government’s laws and rules, as interpreted by the N.C. top law enforcement official? Forest’s outburst may get some applause at the tea party rallies he attends, but if this is a sign about how Gov. McCrory intends to govern all the people of North Carolina–not just the extremists, then the people of North Carolina need to know now.  Both the Governor and the Lt. Governor swore on the Bible to uphold the U.S. Constitution and laws.  And 145 years ago, the N.C. Constitution declared ‘Every citizen of this State owes paramount allegiance to the Constitution and government of the United States, and no law or ordinance of the State in contravention or subversion thereof can have any binding force.’

The United States government has established a process that defers deportation of immigrants who came to this country illegally as children. This process, called DACA, provides these young people with the opportunity to obtain a NC driver license. Lt. Gov. Forest recently said, they should “not be afforded the privileges reserved for US citizens,” and accused President Obama of ignoring the law. “

“We urge Governor McCrory and his administration to comply with the U.S. laws.  Make it clear in the beginning of your administration that tea party rhetoric has no place in your administration.  The NC NAACP believes the issue of how we treat our young Latino sister and brothers will play an important part in defining the new McCrory Administration.  Will you support the Attorney General, who says you should instruct the Division of Motor Vehicles to resume its sensible practice of issuing licenses to DACA young people?  Are will you force them to go further into the shadows, waiting for the comprehensive immigration reforms that the great majority of federal legislators now are talking about?”

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Hon. Pat McCrory

Governor of North Carolina

116 W. Jones Street

Raleigh, NC 26702

RE: Your Position on DACA Issue

Dear Governor McCrory,

The NC NAACP respectfully requests that you support the Deferred Action for Childhood Arrivals (DACA), a federal law created by Executive Order of the President of the United States. This request comes from the root of what keeps this country great. Our Constitution, created by Lincoln Republicans and African Americans of this State, 145 years ago clearly reads, “Every citizen of this State owes paramount allegiance to the Constitution and government of the United States, and no law or ordinance of the State in contravention or subversion therof can have any binding force.”

We pray that you do not agree with those who would use antiquated language such as “sovereign state” and who would imply a state may ignore and reject a federal law set in place by the President of the United States. We pray you reject nullification language and efforts by your Lt. Governor and those in the extreme pockets of your party. We pray that you and your administration comply with U.S. laws and declare that tea party rhetoric has no place in your administration. We pray you follow the lead of your Attorney General and instruct the Division of Motor Vehicles to resume its issuing of licenses to young people covered by DACA. The NAACP will stand in every way with our Latino and Immigrant Brothers and Sisters. We must move forward as a state not backwards!

All of this we ask and pray with respect and hope.

Respectfully,

Barber Signature

Rev. Dr. William J. Barber II

President, NC State Conference of the NAACP

 cc: NAACP Members, Partners, and Friends

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Founded in 1909, the NAACP is the nation’s oldest and largest civil rights organization. Its members throughout the United States and the world are the premier advocates for civil rights in their communities, conducting voter mobilization and monitoring equal opportunity in the public and private sectors.

Despite the recent statement made by Attorney General Roy Cooper clarifying that DACA eligible youth meet the requirements to obtain a license, the DMV has refused to change its discriminatory policy!

We urge everyone to continue to make calls to the DMV demanding that they issue licenses again. If you haven’t signed the petition, sign it and spread it widely! http://bit.ly/licensenc

Call the NC DMV directly and tell them that Attorney General Cooper has clarified DACA holders possess legal presence. Tell him the DMV’s requirements to obtain a driver license should reflect this immediately!

Eric Boyette (NC DMV Commissioner) – (919) 861-3015

Sample script: “Hi, I am calling to ask that the NC DMV adhere to the statement made by Attorney General Cooper saying DACA holders have a right to obtain driver licenses by NC state law. I ask that this official statement be reflected in the DMV’s requirements for driver licenses immediately. Thank you.”

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Roy Cooper, abogado general de Carolina del Norte, ha declarado qué jóvenes indocumentados recipientes de la accion diferida cumplen con los requisitos para obtener una licencia. Pero el DMV se rehúsa a cambiar su póliza discriminatoria.

Es muy importante qué continúen sus llamadas al director del DMV exigiendo qué restituyan las licencias a los jóvenes ahora. Vuelva a firmar la petición y compartala! http://bit.ly/licensenc

Llamen al Comisionado del DMV Eric Boyette directamente  – (919) 861-3015

Sample script: “Hi, I am calling to ask that the NC DMV adhere to the statement made by Attorney General Cooper saying DACA holders have a right to obtain driver licenses by NC state law. I ask that this official statement be reflected in the DMV’s requirements for driver licenses immediately. Thank you.”

For all media inquiries, email viridiana@thencdreamteam.org or call Cinthia at (919) 985-5868.

RoyCooperNCDOJ

Attorney General Roy Cooper announced today that DACA holders do bear legal presence and are therefore entitled to obtain a driver license under North Carolina State law.

After public outcry and pressure from immigrant youth and our supporters, we will get our license back! We just got official notice from the office of Attorney General Roy Cooper:

“It is therefore our opinion that individuals who have been granted deferred action under the Deferred Action for Childhood Arrivals policy directive are lawfully present in the United States during the period of deferment. As such, N.C. Gen. Stat. 20-7(s), which states that DMV shall issue a drivers license of limited duration to person who present valid documentation demonstrating deferment and meet all other statutory requirements, requires that such licenses be issued.”

This was problematic from the beginning as it is by North Carolina law that DACA holders can obtain a driver license. Let this be yet another example that when we stand up and fight back together, we can make clear demands to any government agency. We are our own voice! Somos nuestra propia voz! We are our own power! Nosotros tenemos el poder!

Now, we ask that this official statement from Attorney General Cooper be reflected in the NCDMV’s requirements to obtain a license immediately! 

If there was a question whether DMVs across NC were denying drivers licenses to deferred action beneficiaries or not, ask no more. We woke up to clarification yesterday when this stance became official. The DMV has updated its website reflecting the Department of Transportation’s intolerance of immigrant youth.

DMVFAIL

Let’s take a look:

Listed below are acceptable documents you can use as a non U.S. Citizen.

  • I-551 Permanent Resident Card
  • Machine Readable Immigrant visa
  • I-766 Employment Authorization Card (must not reflect C33)
  • Temporary I-551 stamp on I-94 or Passport
  • I-327 Re-entry Permit with supporting immigration documentation
  • I-94 Arrival/Departure Record
  • I-20 accompanied by I-94
  • DS-2019 accompanied by I-94
  • I-571 Refugee Travel Document with supporting immigration documentation
  • I-797 Notice of Action
  • I-521L Authorization for Parole of an Alien into U.S. with supporting immigration documentation
  • I-220B Order of supervision with supporting immigration documentation

The I-766 Employment Authorization Card (C33) is what is being issued to deferred action (DACA) receipients. Here the Department of Transportation / DMV specifically targets immigrant youth. They have claimed to media sources that the wording of legal presence vs legal status is confusing to them and they are unsure about the legality of issuing us drivers licenses. So they are seeking the opinion of Attorney General Roy Cooper and USCIS.

But why deny us licenses if all NCDOT needs is clarification from USCIS? And why now? It’s plain discriminatory! As we have pointed out before, deferred action has existed long before it was known as the directive from President Obama. Those who have been granted deferred action in the past and currently have no problem obtaining a license. But all of a sudden if you’re a DREAMer granted deferred action, you’re out of luck. Once again, we are used as political football. We cannot and will not remain silent!

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