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For Immediate Release

June 11, 2013
Santiago Garcia- Leco
828.559.7993 | santiago@theniya.org
 
DREAMer Francisco Hernandez Set for Deportation; Community Urges USCIS to Grant DACA
 
Supporters of Francisco Hernandez (A# 205-210-075) gather to urge United States Citizenship and Immigration Services to grant Deferred Action for Childhood Arrivals
 
Charlotte. NC— Francisco “Paco” Hernandez, now 23, came to North Carolina from Mexico at the age of 14. He graduated from McDowell High School in 2009 and was attending McDowell Technical Community College when he was taken into immigration custody. Paco filed for Deferred Action, yet he is still being forced to see an immigration judge and could be deported any day.
 
When: After 1pm Immigration Court Hearing, Tuesday, June 11, 2013
Where: 5701 Executive Center Drive, Suite 400
             Charlotte, NC 28212
Who: Francisco, family, friends, and community supporters.
 
On May 13, 2011, Paco was wrongfully arrested. Paco and two friends were coming home from a party where Paco had been drinking. Being responsible, Paco let one of his sober friends, Luis –on leave from the military- drive. On their way home Paco’s car broke down; so all three friends got out to push it and Luis handed Paco the keys. While pushing the car, the police showed up to help the boys but instead (despite the care being completely off and immobile) arrested Paco and charged him with a DUI.
 
Despite his innocence, Paco was charged and sentenced to 30-months of probation. He didn’t miss a single check-in with his officer. However, at his November 28, 2012 check-in, ICE was waiting for him. Paco was detained and forced to spend nearly 2-months in immigration detention in Georgia  Paco was finally released on a $15,000 bond, allowing him to fight his case from the outside.  In June of 2013, he applied for DACA, and now we as a community supporting Paco, are asking USCIS to grant his application and help keep his family together. 

 
 
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The NC DREAM Team is an organization composed of undocumented immigrant youth and allies who are dedicated to the creation of a sustainable, community-led immigrant rights movement in North Carolina. We aim to help undocumented youth recognize their individual and collective power to activate their communities. We will escalate in our efforts to achieve a just reform that is acceptable to–and guided by–the voices of those directly affected by our broken immigration system.

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.

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!

ncdmv

Turns out the NCDMV has decided to put a hold on issuing driver licenses to Deferred Action beneficiaries. Remember when we were cautiously optimistic after President Obama’s June 15th announcement? This is precisely why.

Apparently, the NC Department of Transportation has contacted USCIS asking if having deferred action means you have legal status or not. USCIS has stated that who gets drivers licenses is up to each individual state not the federal government.

In the meantime, there is no law stating DACA beneficiaries cannot obtain a drivers license. This is only an internal policy that is not written down anywhere. We suggest you go to the DMV when you receive your work permit and social security number. Let us know how it goes. Email Jose Rico at jose.rico@thencdreamteam.org with your name and city/county where you live so we can keep track of what individual DMVs are saying. 

We’ve recently gotten word of a scam in Charlotte, NC stating that the deadline to apply for Deferred Action is February 28, 2013 and to go visit their office for help. We want to make it perfectly clear that this is FALSE. USCIS has NOT released any deadline to apply. Applications carry deadlines because an updated one is released by USCIS every few weeks. If you need assistance on your Deferred action application, go talk to a licensed attorney, NOT a notary. If you have trouble finding an immigration attorney you feel comfortable with, email us at dreamteamnc@gmail.com. We may be able to point you in the right direction.

Recientemente nos enteramos de un fraude en Charlotte, NC diciendo que la fecha final para aplicar para la Accion Diferida es el 28 de Febrero del 2013. Incluso dice que si uno es elegible, vayan a su oficina o les llamen para asistencia. Queremos aclarar que este anuncio es completamente FALSO. USCIS no ha dado ninguna fecha en la que se acabe accion diferida. Las aplicaciones individuales tienen una fecha porque cada par de semanas sale una version nueva. Si usted necesita asistencia en su aplicacion para accion diferida, hable con un abogado, NO con un notario. Si quiere ayuda para buscar un abogado confiable, mandenos un correo electronico al dreamteamnc@gmail.com.

Image

Maudia Melendez, Director of Jesus Ministry Inc, telling youths to call or visit her office to apply before the “deadline”

reviewed by Elizabeth Simpson and Vanessa Smart

On June 15, 2012, President Obama announced a plan to grant deferred action to undocumented youth who meet certain criteria. A similar announcement, better known as the Morton Memo, was made last year and yet undocumented youth still find themselves in the claws of the immigration enforcement machine. We have yet to see if and how effectively this new policy will be carried out. Nevertheless, below is an overview of how deferred action works and what documents to gather while you wait for the application process.

image by J. Valas

What is deferred action?

Deferred action is a discretionary practice that the Department of Homeland Security (DHS) uses to defer removal action of an individual as an act of prosecutorial discretion. In addition, individuals may obtain a permit to work legally during the period their removal action is deferred. You do not need to be in deportation proceedings to qualify for deferred action. But remember, DHS has the last word. You may meet all of the requirements for the program and still be denied deferred action. Deferred action does not put you on a pathway to citizenship.

Are you eligible for deferred action?

In order to qualify, you must meet all of the requirements below:

  • you must be under the age of 31 as of June 15, 2012
  • you must have arrived in the US before the age of 16
  • if you’re not in removal proceedings, you must be at least 15 years old to apply
  • you must have lived in the US for 5 consecutive years as of June 15, 2012
  • you must have been present in the US on June 15, 2012
  • you must not have been convicted of a felony offense, a significant misdemeanor offense, or three or more misdemeanor offenses
  • you must not pose a threat to national security or public safety
  • you must currently be in school or have graduated from high school or have obtained a general education development certificate or be an honorary discharged veteran of the Coast Guard or the US Armed Forces.

NOTE: There is currently no application process to apply for deferred action. Based on the 60-day timeline announced, one should be made available by August 2012. Also, deferred action is NOT the Dream Act and you should set up a consultation with an immigration attorney NOT a notario publico. BEWARE OF SCAMMERS. 

If you are currently in deportation proceedings and you meet the criteria for deferred action, contact the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (Monday through Friday from 9 am to 5 pm) or by e-mail at EROPublicAdvocate@ice.dhs.gov.

If you are not in deportation proceedings, you will need to submit a request for review of your case to US Citizenship and Immigration Services (USCIS). Again, this process is not yet in effect so do not submit requests for review of your case at this time. If you have questions or to request more information on this new process, you can call the USCIS hotline at 1-800-375-5283, from 8 a.m. to 8 p.m. The hotline offers assistance in English and Spanish. Individuals seeking more information on the new process should visit USCIS’s website (at http://www.uscis.gov).

What can you do to prepare for the deferred action application process? 

Start collecting your documents:

  • passport from your country of origin
  • birth certificate
  • proof of date of entry to the US before your 16th birthday (documents like financial records, medical records, school records, and employment records)
  • proof of continuous presence for the last five consecutive years in the US (documents like financial records, medical records, school records, and employment records)
  • letters from employers, teachers, ministers, and school records and awards certificates may also come in handy
  • if you do know that you do have a criminal history, getting certified copies of the convictions, and finding people who can say that you have reformed — if that is necessary, for instance, probation officer or other person.

NOTE: There is currently no application process to apply for deferred action. Based on the 60-day timeline announced, one should be made available by August 2012. Also, deferred action is NOT the Dream Act and you should set up a consultation with an immigration attorney NOT a notario publico. BEWARE OF SCAMMERS. 

For more information, check out this post on DreamActivist.org. Feel free to sign up for updates as well.

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@NCDREAMTeam

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