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Futures at stake for Dreamers with DACA in question
Here is a followup to a story I did earlier this year about DACA or Deferred Action for Childhood Arrivals. This executive order program of protections means everything to recipients. These so-called Dreamers and their supporters speak passionately about the need to keep DACA around and describe the devastating impact that losing it would have on recipients’ lives. President Trump has sent conflicting messages where immigration is concerned, No sooner did he decide to end the program or have it rescinded, then he gave Congress a deadline to find a compromise that would extend or solidify the program and therefore prevent young people who entered the country illegally as children from being deported and from losing certain privileges that allow them to work, obtain licenses, et cetera. My new story is part of the cover package in the October 2017 issue of The Reader (www.thereader.com).
Futures at stake for Dreamers with DACA in question
©by Leo Adam Biga
Appeared in The Reader (www.thereader.com)
When, on September 5, President Donald Trump appealed to his base by ending Deferred Action for Childhood Arrivals (DACA), a generation of American strivers became immigration reform’s collateral damage.
He’s since given Congress six months to enact a plan reinstating DACA protection from deportation for so-called DREAMers in exchange for more robust border security. DACA also provides permits for undocumented youth to work, attend school and obtain driver’s and professional licenses. Given the political divide on illegal immigrants’ rights, it’s unclear if any plan will provide DREAMers an unfettered permanent home here.
Thus, the futures of some 800,000 people in America (about 3,400 Nebraskans) hang in the balance. As lawmakers decide their status, this marginalized group is left with dreams deferred and lives suspended – their tenuous fate left to the capricious whims of power.
The situation’s created solidarity among DREAMers and supporters. Polls show most Americans sympathize with their plight. A coalition of public-private allies is staging rallies, pressing lawmakers and making themselves visible and heard to keep the issue and story alive.
Alejandra Ayotitla Cortez, who was a child when her family crossed illegally from Mexico, has raised her voice whenever DACA’s under assault. The University of Nebraska-Lincoln senior and El Centro de las Americas staffer has spoken at rallies and press conferences and testified before lawmakers.
“As Dreamers, we have been used as a political game by either party. Meanwhile, our futures and our contributions and everything we have done and want to do are at stake,” she said. “For a lot of us, having that protection under DACA was everything. It allowed us to work, have a driver’s license, go to school and pursue whatever we’re doing. After DACA ends, it affects everything in our life.
“It is frustrating. You’re trying to do things the right way. You go through the process, you pay the fees, you go to school, work, pay taxes, and then at the end of the day it’s not in your hands.”
If she could, she’d give Trump an earful.
“Just like people born here are contributing to the country, so are we. It’s only a piece of paper stopping us from doing a lot of the things we want to do. As immigrants, whether brought here as an infant or at age 10, like myself, we are contributing to the nation financially, academically, culturally. All we want is to be part of our communities and give back as much as we can. It’s only fair for those who represent us to respect the contributions we have made and all the procedures we’ve followed as DACA recipients.”
Justice for Our Neighbors (JFON) legal counsel Charles Shane Ellison is cautiously optimistic.
“I’m hopeful lawmakers can do whatever negotiating they need to do to come up with a common sense, bipartisan path to protect these young people. It makes no sense whatsoever to seek to punish these young people for actions over which they had no control.
“These are, in fact, the very kinds of young people we want in our country. Hard working individuals committed to obtaining higher education and contributing to their communities. It’s incumbent upon lawmakers to find a fair solution that does not create a whole category of second class individuals. Dreamers should have a pathway to obtain lawful permanent resident status and a pathway to U.S. citizenship.”
Tying DACA to border control concerns many.
“I wouldn’t feel comfortable if that was a compromise we had to arrive at,” Cortez said, “because it’s unnecessary to use a national security excuse and say we need increased border enforcement when in reality the border’s secure. It would be a waste of tax money and energy to implement something that isn’t necessary.”
Ellison opposes attempts to connect the human rights issue of DACA with political objectives or tradeoffs.
Not knowing what Trump and the GOP majority may do is stressful for those awaiting resolution.
“It’s always having to live with this uncertainty that one day it could be one thing and another day something else,” Cortez said. “It can paralyze you sometimes to think you don’t know what’s going to happen next.”
“We could have made this a priority without inserting so much apprehension into a community of really solid youth we want to try to encourage to stay,” Ellison said.
To ease fears, JFON held a September 7 briefing at College of Saint Mary.
“It was an effort to get information in the hands of DACA recipients and their allies,” Ellison said. “We had more than 400 people show up.”
Moving forward, he said, “it’s imperative” DREAMers get legal advice
“Some studies show 20 to 30 percent of DACA youth could be potentially eligible for other forms of relief that either got missed or they’ve since become eligible for after obtaining DACA. If, with legal counsel, they decide to renew their Deferred Action, they have until October 5 to do so. We provide pro-bono legal counsel and we’ll be seeing as many people as we can.”
Ellison said nothing can be taken for granted.
“It’s so important not just for DACA youth to take certain action For people who want to stand with DACA youth, now is not the time to be silent – now is the time to contact elected representatives and urge them to do the right thing.”
Alejandra Escobar, a University of Nebraska at Omaha sophomore and Heartland Workers Center employee, is one of those allies. She legally emigrated to the U.S. six years ago. As coordinator of Young Nebraskans in Action, she leads advocacy efforts.
“Most of my friends are DREAMers. I started getting involved with this issue because I didn’t know why my friends who were in this country for all their lives couldn’t be treated the same as I was. I didn’t think that was fair. This is their home, They’ve worked and shown they deserve to be here.
“There has been a lot of fear and this fear keeps people in a corner. I feel like what we do makes DACA recipients know they’re not alone. We’re trying to organize actions that keep emphasizing the importance of the protection for DACA recipients and a path to citizenship and that empower them.”
She feels her generation must hold lawmakers accountable.
“I’d like lawmakers to keep in mind that a lot of us allies protecting DREAMers are 18-19 years old that can vote and we’re going to keep civically engaged and emphasizing this issue because it’s really important.”
As a UNO pre-law student who works in an Omaha firm practicing immigration law, Linda Aguilar knows the fragile legal place she and fellow DREAMers occupy. She was brought illegally to America at age 6 from Guatemala and has two younger siblings who also depend on DACA. But she’s heartened by the support that business, labor and other concerns are showing.
“It has inspired me to continue being active and sharing with elected officials how much support there is for the DACA community.”
She hesitated speaking at a public event making the case for DACA before realizing she didn’t stand alone.
“Just knowing that behind me, around me were other DREAMers and I was there supporting them and they were there supporting me made me feel a lot stronger. Because we’re all in the same position, we all know what it feels like, we all walk in the same shoes.”
Alejandra Ayotitla Cortez won’t just be waiting for whatever happens by the March 5 deadline Trump’s given Congress.
“I am hoping for the best, but I am also taking action. not only me just hoping things will get better, it’s me educating my community so they know what actions we can take, such as calling our elected representatives to take action and to listen to our story and understand how urgent this is.”
Cortez, too, finds “encouraging” support “from people across the state, from leaders, from some of our state senators in Lincoln, from UNL professors and classmates.”
The Nebraska Immigration Legal Assistance hotline is 1-855-307-6730.
Of Dreamers and doers, and one nation indivisible under…
Of Dreamers and doers, and one nation indivisible under…
DACA youth and supporters hope protections are retained
©by Leo Adam Biga
Originally appeared in The Reader (wwwthereader.com)
With immigration reform caught in the gap of a divided U.S. Congress, the long-proposed DREAM Act never got passed. In 2012 President Barack Obama issued an executive order creating the Deferred Action for Childhood Arrivals (DACA) program as a temporary stop-gap giving young students who grew up here protections against removal and permits to work, allowing many to obtain drivers licenses and other basic privileges.
Conservative Nebraska officially opposed DACA. Then-Gov.Dave Heineman blocked issuing drivers licenses (Nebraska was the only state), welfare or other public benefits to DACA-eligible youth. Gov. Pete Ricketts continued the stand. But a broad coalition of rural and urban Nebraskans spanning party lines and ages, along with faith, law enforcement and business leaders – the Bible, Badge and Business coalition – along with such organizations as Justice for Our Neighbors Nebraska, Heartland Workers Center and Nebraska Appleseed, successfully advocated for legislation granting DREAMers drivers licenses and professional-commercial licenses.
The state legislature twice overturned governor vetoes to preserve these bills as law.
While never a panacea, DACA provided DREAMers and supporters hope that real, permanent immigration reform might follow. However, President Donald Trump made campaign promises to repeal DACA and crack down on undocumented immigrants. With his administration only weeks old, no one knows if or when he’ll end DACA and thus undo everything attained.
DREAMer Alejandra Ayotitla Cortez, a senior psychology student at the University of Nebraska-Lincoln, is one of about 3,275 DACA recipients in Nebraska. As more young people age into DACA, that number will grow as long as the program continues, She echoes other recipients in saying, “Right now we are facing a lot of uncertainty. As much as I wish I knew what was going to happen with the program, it’s very hard to predict, and that’s what makes it harder. We’re in this limbo place. Obviously, if it does end, that would have a lot of negative consequences. Right now we are trying to focus on working with our representatives at the federal level to try to draft legislation that would protect the program.”
She was part of a contingent of DREAMers who met with Nebraska Congressional leaders in the nation’s capitol in January.
A coalition of Nebraska supporters signed a public letter to Nebraska members of Congress urging them to endorse DACA’s continuation on the grounds it allows aspirational young people like Alejandra the ability to reach their potential. The argument is that the work they do, the commerce they create, the taxes they pay strengthen, not deplete America. Recently proposed federal legislation called the BRIDGE Act would provide some safeguards in the event DACA isn’t renewed or until more lasting immigration reform emerges.
Nebraska Restaurant Association executive director Jim Partington said at a recent press conference in Lincoln announcing the letter, “There is no logical objection to anything about supporting these youths who were brought here at a very young age, have been educated in our school systems, and are now ready to go out into the work force and contribute to our economy and our society.”
Ayotitla Cortez also spoke at the conference. She previously testified before state senators.
“It’s important for us to share our stories so that we can show that DREAMers are here, we’re contributing, we’re doing the best we can to serve our communities,” she said.
Former DREAMer Lucy Aguilar, a University of Nebraska at Omaha student, advocated for DREAMers’ rights through Young Nebraskans in Action (YNA), a program of Heartland Workers Center (HWC).
She’s since gained permanent residency status. She stands by what she said two years ago: “I don’t think DACA-recipients should be tied to immigration policies or immigration terminology because we’re a much different thing. I know my status and it’s definitely not breaking the law in any sense. I’m here just like everybody else trying to make something out of my life, trying to accomplish goals — in my case trying to open a business and be successful in that.”
She supports DREAMers retaining their DACA protections.
HWC Senior Organizer Lucia Pedroza, who supervises YNA, said the issue’s catalyzed young people to participate and raise their collective voice and take collective action. Coalescing support for the bills that gave DREAMers licenses was a case in point.
“Young people started organizing themselves after coming to meetings and learning more about the legislative process and the issues in their community,” Pedroza said. “They knew what they had to do. They started organizing students and teachers at South High School. They were able to speak up for the bills and proposals.
“I’ve seen some who were afraid to speak up and share their own stories a few years ago now speaking their truth and working with us at the center. I’ve seen them grow and want to share their interest and passion with other young people. It’s a cool thing. They’re not just wanting to stay on the sidelines and complain, they want to do something more. They understand it’s not going to be just about them, they can’t do it alone, they need to have community support.”
Pedroza said YNA’s grassroots work “impacted the effort statewide in support of DACA.”
She and others make a pragmatic, do-the-right-thing, make-good-policy case for DREAMers being given pathways to full participation. Ayotitla Cortez uses herself as an example of how DACA impacts lives.
“As soon as I enrolled at UNL I started working at a daycare center at the university thanks to the work permit DACA provides. That was the first job I ever had. It helped me to support myself and paid for my living expenses and some of my school expenses. That was a great opportunity. Then my sophomore year I got the opportunity to work as a service assistant in the Nebraska Center for Research on Children, Youth, Families and Schools.
“Now I work at El Centro de las Americas — a non-profit that serves mainly the Latino Community. I’m the coordinator of the Adult Education Program. Helping my community is my main way of giving back some of what has been given to me.”
She wishes opponents would look past fears and stereotypes.
“I guess some people have a hard time seeing the human side or the social contributions DACA has provided. We’re working and putting money into city, state, federal revenues.”
Then there are myths that need overturning.
“As DACA-recipients we have to pay $485 every two years to renew our work permit, so it is something we are paying for, we’re not just getting it for free. If you multiply that by the nation’s 700,000 DACA-recipients, then that is bringing in money and helping the economy of every state. It’s creating jobs because we’re working, spending and some of us are even starting businesses.”
Pedroza said, “It’s about families and the well-being of human beings and giving opportunities to people who work hard and contribute as equally as citizens of the United States.”
Justice for Our Neighbors (JFON) Executive Director Emiliano Lerda feels the issue found enough support to buck the governor in the “very diverse coalition pushing for these changes,” adding, “you had strong, traditionally conservative and Republican-leaning organizations advocating side by side with what are traditionally known as more progressive organizations. This truly is a bipartisan issue that unfortunately has been utilized by politicians to galvanize a certain segment of the population for political support. But the vast aspects of this issue affect people across the aisles equally and the solutions will come from across the aisles from people who understand the economic impact and benefits of immigrants and the economic disaster we could face if we don’t have access to immigrant labor.”
Charles Shane Ellison, JFON deputy executive director-legal director, said it’s a win-win for everyone as employers benefit from DREAMers’ labor and DREAMers’ income boosts the economy. Then there’s the advanced degrees DREAMers earn, the expertise they practice, the services they provide, the products they produce, et cetera.
For Ellison, it’s also an issue of fairness and of undoing an overly broad application of law.
“Many of my clients who qualify for DACA came as babies. They don’t know any other country other than the United States. The law’s very unforgiving. It doesn’t make allowances for the fact they didn’t have any control over entering the country without status. These kids found themselves growing up blocked out of any opportunities to obtain work, to achieve dreams, so DACA was huge because it was this breakthrough, finally saying you can come out of the shadow and participate in the workforce towards your dreams in the only country you’ve known.
“Though inadequate and imperfect, it’s difficult to overstate the importance of what DACA’s meant to these young people.”
For St. Paul United Methodist Church (Lincoln) senior pastor David Lux, embracing DREAMers is about social justice.
“They live here and are part of our communities and have been for years. This is their home. Regardless of legal documentation they’re human beings worthy of fairness and a chance. They also contribute a lot to our communities and add to their richness.”
Besides, Pedroza said, with small population Nebraska struggling to retain young talent and America ever aging, the state and nation can’t afford to lose its best and brightest of child-rearing age.
Not everyone eligible for DACA applies for it.
Ellison said, “Nationally, 700,000 have been granted DACA since the program’s inception, I believe initial estimates of those eligible were well over a million. There’s a number of factors why only 700,000 applied. Some people are very risk averse, other people are not. Those who are risk averse, [do they] feel like paying fees to apply for a program soon to be done away with or potentially done away with, in addition to giving the government your private information they would need to apprehend you and seek your removal, [that] is not a very good bargain. So they’re not interested or willing to apply for it even if they qualify.
“A lot depends on the individual facts of the case. If a person’s already on immigration’s radar, they’re not really giving up much by applying.
“If they’re not on immigration’s radar, by applying with the potential the program will be done away with, they are taking some risk.
“I’ve actually been surprised by how many people want to apply, even post-election, who say, ‘I still want to renew my application because I feel like it’s worth a shot. If I don’t apply, I know I won’t get it. If I do apply, maybe President Trump will change his mind or something else will happen.’ It just shows how desperate folks were before DACA.”
Ellison added, “Certainly among my greatest concerns is that DACA will be done away and not be replaced with any kind of protection … that in addition to lack of compassion in immigration enforcement that tears families apart and disrupts communities.”
JFON urges recipients to prepare for DACA’s demise.
“We want folks to get plugged in with counsel so they can analyze what are their rights in any defenses they may have,” Ellison said. “If DACA is done away with, that’s going to be really important. We want people to know there are certain constitutional legal protections they may have and other forms of relief they may pursue that exist in law as opposed to policy. While the President can change immigration policy by doing away with the program, which is just an executive memoranda, he does not have the authority to unilaterally undue the law.
“There may be legal protections that exist for some DACA youth they don’t know about until they consult with an attorney. We provide referrals for the Nebraska Legal Immigration assistance hotline.”
Meanwhile, Pedroza, a Guatemalan immigrant, finds solace in the confederacy of common interests around the issue, such as the Bible, Badge and Business coalition that’s championed DACA. These coalitions signal to her America may not be as divided as the media portrays, but she concedes more consensus building is needed.
“What keeps me motivated is knowing for a fact we can do better to be a more welcoming community, state and nation and that we can work together to improve the quality of life for underserved people. Not everyone will see the same things I see, but we don’t have to have one way of doing things. The more collective and different perspectives we can add to the larger vision, the more impact we can have.”
With DACA up in the air and the path of immigration reform anybody’s guess, Pedroza hopes for bridges to dreams, not walls to exclusion.
“I have two children and I really care about their future. I want them to know there is something that can be done when you work with community members and elected officials. We can have dialogue. We don’t have to be on the defensive or offensive all the time. We need to have that space to negotiate in, and it’s possible. I think the national rhetoric doesn’t help. A lot of times, not everybody is open-minded or familiar with the other side of the story. That’s something we have to deal with. We’re not going to convince everybody. Not everybody’s going to see the issue the same way. But we can’t give up. We have to work with what we have and to do what we can do.”
She senses however things play out, DREAMers and supporters have started a movement that won’t go away.
“One thing we can do is help people empower themselves, so that they can continue to work for those solutions and look for other options. A lot of times as immigrant communities we feel powerless and so we don’t try to be a part of that change for our community.
“But that collective power really makes people feel they can do something. It can be like a domino effect where one thing leads to something bigger or we inspire people to get involved.”
Being seen and heard is a start.
Visit jfon-ne.org, http://www.heartlandworkerscenter.org, neappleseed.org.
EDITOR’S NOTE: The new administration issued its first immigration orders as we went to press. Local groups, especially the ones mentioned in this story, are organizing now to respond to changes in enforcement priorities that threaten to tear apart families and lives without any review process while diverting resources away from deporting the worst criminals. Stay tuned to them at the links at the end of this story and follow-up coverage in our sister publication El Perico and online at TheReader.com.
Read more of Leo Adam Biga’s work at leoadambiga.com.
Justice for Our Neighbors: Treating the immigrant as neighbor
As long as immigrants are viewed as The Other and thus seen as apart from rather than as a part of there will be a need for programs like Justice for Our Neighbors, a faith-based response to the extra challenges immigrants face in a nation that’s not always immigrant-friendly despite being built by immigrants. This is a story about some of the efforts of the Justice for Our Neighbors-Nebraska office led by Emiliano Lerda.
Justice for Our Neighbors: Treating the immigrant as neighbor
©by Leo Adam Biga
Originally published iin El Perico
Welcoming the stranger in our midst is the mandate of Justice for Our Neighbors-Nebraska, a small nonprofit that holds monthly clinics for low income immigrants in need of legal counsel. The organization’s largely new staff held a March 25 open house.
The clinics, offered in both Omaha and Columbus Neb., provide a friendly, safe haven for individuals, couples and families stressed by uncertain legal status. For some, it may be their only recourse to try and avoid deportation. Potential complications are many. Cases can drag on for years.
Situations in which there’s abuse, illness, or poverty present, for example, make the need for action more urgent.
JFON staff offer free legal services, education and advocacy to help guide clients through the complex immigration maze. Its in-house attorney and legal assistants provide consultation. Referrals are made to community service providers as needed to address health care or employment or economic issues, for example.
Volunteers facilitate the clinics and extend the welcome mat by variously conducting the intake process, acting as interpreters, supervising children and serving food.
The agency’s part of the national Justice for Our Neighbors network the United Methodist Church on Relief Committee launched in 1999 in response to ever more complicated and stringent immigration laws. JFON clinics operate cooperatively with local churches. The Omaha clinic’s held at Grace United Methodist Church, 2418 E St., next door to the JFON-Nebraska office, 2414 E St.
The Nebraska chapter’s recently undergone a major turnover. Emiliano Lerda came on as JFON-Nebraska executive director in January. Charles “Shane” Ellison joined as lead attorney in February. The other two full-time staffers are also relatively new — office manager/legal assistant Darling Handlos and paralegal Shaun Downey.
Originally from Argentina, Lerda, 30, knows the immigrant experience first-hand. Now a U.S, citizen, he was drawn to America’s Midwest because its agricultural environment reminded him of his native Cordoba province. At the University of Northern Iowa he became the first international student elected student body president. After obtaining his law degree from Drake Law School he worked as government relations manager for the Iowa Corn Growers Association.
“When I got here what really grabbed me is the fact this community here has very similar values to the community I grew up in,” he says. “I love working with farmers and I hope at some point in the future I will have the chance again to work with farmers.”
He says JFON-Nebraska allows him to remain in the Midwest while serving the community of newcomers he feels a deep connection to.
“I’m an immigrant myself. I went through the process. I know how difficult it is. I received a lot in life through people that helped me without any self-interest. For years now I have been passionate about giving back to the community. I could not ignore the needs of people that are here in similar shoes that I wore, that are new to this community, that are far away from their family and friends.
“God gave me the talents and skills and the background, and so I thought it was a great fit for me to continue to make a difference by helping people that want to be a part of this community, that want to contribute to this community but cannot because their illegal status is stopping them.”
At its core the JFON-Nebraska mission is to help undocumented immigrants comply with the law and become legal residents, says Lerda.
“Some people may be living in constant fear because their status is not legal,” he says.
Many are separated from family members.
Not everyone has a case though, Lerda stresses.
“Immigration provides very few doors for people to come through, and if you don’t fit within those doors, I don’t care how hard a worker you are or how much you want to do the right thing, you’re just not going to be able to.”
Limited staffing restricts the number of clients served per clinic to 10. Clients are seen on an appointment-only basis.
Lerda’s frustrated that the demand for immigration legal services far outstrips JFON resources. However, JFON does refer to two sister agencies — Catholic Charities and Lutheran Family Services — that provide similar services at a nominal fee.
He says his agency is currently cleaning out a large backlog of old cases to better focus on new cases. JFON annually handles 300 cases. By year’s end he hopes to pass the bar or receive accreditation as an immigration law attorney.
The polarizing issue of immigration, he says, is best addressed by education, including JFON-Nebraska workshops for service providers and others in the community. To him, educating people about the benefits of being legal is both practical and neighborly.
“If we don’t help people that can be helped to be here legally, so they can go to school and they can make a contribution economically or civically, then I think I’m failing to do my part. That’s why I feel like God gave me this opportunity and I have to do it.”
For a clinic appointment, call 402-898-1349 the first day of the month.
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