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The Dream is Now’—Steve Jobs’ widow launches new Dream Act push

Posted on by Ruby Powers in citizenship, DREAM Act, education, Immigration Law Leave a comment

The Dream is Now’—Steve Jobs’ widow launches new Dream Act push

By Beth Fouhy | The Lookout – Tue, Jan 22, 2013

CendyCendy (screengrab from www.thedreamisnow.org)

The teenage girl peers into the camera, ready to divulge a secret.

“All my siblings are documented except me,” says the girl, identified onscreen as Cendy. “I know I have a lot of potential but that I might not get there because my status will hold me back.”

Cendy is one of millions of immigrants who were brought illegally to the U.S. as children—a group known as “DREAMers” by advocates of the Dream Act, a federal bill first introduced in the Senate in 2001 to allow them a pathway to permanent residency. To push for passage of the provisions in the Dream Act, Cendy and others agreed to share their stories on www.thedreamisnow.org, a website launched Tuesday by filmmaker Davis Guggenheim (“Waiting for Superman” and “An Inconvenient Truth” ) and philanthropist Laurene Powell Jobs, the widow of Apple founder Steve Jobs.

 

The project allows young undocumented immigrants to submit videos describing how their lives would change if the Dream Act were passed. Others can also submit posts, including teachers, relatives and friends of the young immigrants, as well as those involved in developing policy around immigration.

The videos will be posted on the website, and Guggenheim will compile them into a documentary film.

“The documentary becomes a living, breathing petition,” Guggenheim told Yahoo News. “These DREAMers are putting everything on the line. When they come out like this, they are saying, ‘I’m ready to risk it all for what I believe.’”

Immigration reform looms large as a legislative priority for President Barack Obama and for Republicans hoping to improve the party’s status among Hispanic voters.

Powell Jobs told Yahoo News the new project was an effort to harness the momentum around the issue and give visibility to the young people who would benefit from the Dream Act.

“There needed to be a demystification—to put a face to these people, to hear the individual stories,” Powell Jobs said in one of the few interviews she has granted since Steve Jobs’ death in 2011.

Powell Jobs told Yahoo News her interest in the Dream Act had been sparked through College Track, an initiative she founded to help low-income and minority students attend college. Many of the students in the program are undocumented.

“They’re our children’s friends. They are people we know. This is a huge national problem that needs resolution,” Powell Jobs said.

The Dream Act would legalize young people under the age of 30 who entered the U.S. before they were 15 and have lived in the country continuously for five years. To earn legal status and eventually a path to citizenship, applicants would have to prove they have no criminal record and either enlist in the military or attend at least two years of college. (Some versions of the bill would require only a high-school degree for the legal status.)

The Dream Act has been supported by both Republicans and Democrats since its introduction even as the two parties have been sharply divided over other aspects of immigration reform. But the bill has never been enacted—the closest it came was in December 2010, when it passed the House but fell 5 votes short in the Senate of the 60 needed to avert a filibuster.

Despite criticism by some immigration rights activists for a record number of deportations during his administration, Obama took other steps last June to offer young undocumented immigrants some legal protections.

Obama announced a program of “deferred action,” directing his administration to stop deporting those under 30 who came to the U.S. before age 16 and have a high-school diploma or have enlisted in the military. Those who qualify can also apply for a renewable two-year work permit.

“They pledge allegiance to our flag. They are Americans in their hearts, in their minds, in every single way but one: on paper,” Obama said when he announced the plan in July.

The action did not confer a path to citizenship and was considered only a partial remedy for young immigrants seeking legal status. But it was praised as a step in the right direction by immigration rights activists, even as Republicans claimed it was baldly political and circumvented the legislative process.

After Obama soundly won re-election in November in part by taking 71 percent of the Hispanic vote, Republicans have begun to reassess their position on immigration and, in particular, the provisions of the Dream Act.

Florida Sen. Marco Rubio, the son of Cuban immigrants and a GOP rising star, has indicated he will introduce some immigration reform measures that could include expedited legal status for young undocumented immigrants. But Rubio’s earlier proposal to legalize DREAMers did not include a path to citizenship, making it a nonstarter for most immigration rights activists.

Powell Jobs said Rubio’s latest discussion of granting expedited status to young immigrants seemed “reasonable and principled,” but that she wanted to learn more. “The key is to see the legislation once it’s written,” she said.

The young people taping their stories for thedreamisnow.org are unlikely to face legal backlash or deportation because of Obama’s deferred action directive. But they could face other repercussions, like potentially losing their jobs if they don’t yet have work permits.

Cendy, a 16-year-old high-school sophomore from Aurora, Colo., said she was willing to take her chances.

Cendy, who declined to give her last name to Yahoo News to protect her parents, said she agreed to be part of the project in part to dispense with her secret.

“It was a little scary at first,” she said. “But the benefit of coming out, not being afraid anymore, got a lot of weight off my shoulders.”


How the immigration deal got made

Posted on by Ruby Powers in citizenship, DREAM Act, education, Immigration Law Leave a comment
By: Manu Raju and Carrie Budoff Brown and Anna Palmer (POLITICO)
April 17, 2013 05:03 AM EDT
The meeting was supposed to be a half-hour update for immigration reform proponents — but they weren’t about to let the Democratic senators get off that easily.The advocates were furious that Democrats might cave to Republican demands to make the pathway to citizenship contingent upon border security benchmarks, including the sign off of governors from southwestern states. They felt locked out of the process. And now, they had no idea what the negotiators were trading away just weeks before the Gang of Eight’s immigration bill was slated to be publicly released.

Frank Sharry, a longtime proponent of a comprehensive bill, aggressively protested the border language to Democratic Sens. Chuck Schumer, Dick Durbin and Robert Menendez — and as a whole, the group warned that if an anti-reform governor like Arizona’s Jan Brewer were given veto power, the emerging proposal would be a “big problem for us.”

(Also on POLITICO: Tragedy interrupts immigration momentum)

Schumer stayed at the February session an extra 40 minutes, even missing his flight back to New York, to reassure advocates that they weren’t being sold out. But he also advised them to step back in line: “This is what we have to do to get a path to citizenship. You have to understand that.”

The intense back-channel talks between members, staffers and outside groups have produced the most sweeping immigration bill in six years. The legislation comes after weeks of tense member-level meetings — often with powerful special interests they had to keep at bay in order to craft a fragile, bipartisan coalition. The deal required painful compromises, suffered near breakdowns and endured cooling-off periods, including when the group walked away from the negotiating table for part of the Easter recess before re-engaging in the horse trading.

Powerful aides to several senators, particularly to Schumer and Sen. Marco Rubio (R-Fla.), pieced together a compromise driven as much by trying to get the policy right as by giving the senators a way to sell it politically.

Rubio emerged as a source of constant attention, concern and lobbying within the group. Republicans and Democrats were desperate to keep him in the fold, convinced that they needed his support to sell the proposal to deeply skeptical conservatives.

(DOCUMENT: Senate Gang of 8 immigration reform bill)

“By the way, tell your boss he already paid for the caterer, he’s got to go through with the wedding now,” Schumer’s chief aide Leon Fresco, fired off in an email to Rubio’s negotiator, Enrique Gonzalez, when it looked like the Florida Republican was getting wobbly late last month.

President Barack Obama was forced to step in and personally convince Republicans that he was acting in good faith after the apparently inadvertently released draft of a White House bill.

After 24 meetings among senators themselves and marathon sessions between staff for months, the senators struck a deal that, if passed, would enact the most significant changes to immigration laws in nearly three decades. But to get there, they’ve had to cajole their longtime allies to get behind the effort and aggressively move to limit defections from major players who have the power to stop the bill in its tracks. And they went to great lengths to prevent media leaks, even instituting a self-imposed rule to thwart the press from staking out their consequential meetings.

(CARTOONS: Matt Wuerker on immigration)

“There is always tense times in these kinds of things,” said Sen. John McCain (R-Ariz.), a leader of the group. “But there was always a commitment to get things done.”

This account of the behind-the-scenes drama that culminated Tuesday with the release of a bipartisan bill was drawn from dozens of interviews with key players at the White House and in Congress who were directly involved in the talks.

Recruiting Rubio

Nobody would have predicted it a year ago, when the leading Republican presidential candidate was touting “self-deportation” as a solution for dealing with the country’s undocumented population.

But Obama’s 40-percentage-point win among Hispanics changed the dynamic, literally overnight. Top conservative pundits, such as Sean Hannity and Bill O’Reilly, removed a major obstacle when they endorsed a pathway to citizenship. Even Republican Party leaders suggested it was time to take up the issue.

And the major Republican players on immigration, after years of distancing themselves from Democratic proponents of reform, wanted to give it another go.

“We’re getting the band back together,” Sen. Lindsey Graham (R-S.C.) told Schumer in a phone call the weekend after the November electionreferring to the 2007 group that worked unsuccessfully for a comprehensive bill. Schumer claimed his heart went “pitter-patter” when he heard McCain would be involved.

And yet, the same circle of negotiators from past reform efforts just wouldn’t do.

The experience from 2007 was seared into memories, studied and analyzed for clues of past mistakes and how proponents could make it right the next time. The politics in 2013 for Republicans supportive of immigration reform were as favorable as they had ever been, diminishing the odds that a fevered, impassioned right wing would scuttle the reform effort before it even started. McCain and Graham knew the issue inside and out, but they lacked gravitas with conservatives.

The group needed a protection policy, and top Democrats and Republicans came up with the same solution: Recruit Rubio.

Senate Minority Leader Mitch McConnell (R-Ky.) urged Graham and McCain to include Rubio in the talks, while Senate Majority Whip Dick Durbin (D-Ill.) lobbied Rubio at the Senate gym.

The tea party darling and 2016 presidential prospect pushed his own version of the DREAM Act to legalize young undocumented immigrants last year, but like most Republicans, he had his doubts about a comprehensive approach to overhauling the system and favored dealing with the issues one by one.

Durbin told Rubio that a pathway to citizenship needed to be a central part of the talks. If that’s the case, Rubio responded, then tougher border security measures must be part of the plan, and the cost of legalizing 11 million undocumented immigrants needed to undergo a rigorous review as well.

“He said [a pathway to citizenship] would have to be under some pretty strict circumstances, and I said, ‘Let’s talk,’” Durbin recalled on Tuesday.

Thus, they had their first deal — one in a series of concessions, allowances and considerations that Rubio would secure from Democrats and Republicans over the next three months on policy, politics and PR strategy, all with a single-minded goal of keeping him on board and conservatives at bay.

The negotiators rounded out the group with two freshman senators whose home states underscored the imperative of getting something done. Jeff Flake (R-Ariz.), as a border-state official, was one of the original architects of comprehensive immigration reform during his time in the House. And Michael Bennet (D-Colo.) owed his election victory to Hispanic voters, who rewarded him for his full-throated endorsement of immigration reform on the 2010 campaign trail when even other Democrats weren’t talking it up.

The group tried to expand to 10 members, but Sen. Mike Lee (R-Utah) clashed with McCain over whether to do a comprehensive bill or a piecemeal approach. Had Lee joined, Democrats were prepared to recruit Sen. Amy Klobuchar (D-Minn.).

But in retrospect, it turned out to be the right mix of liberals and conservatives, veterans and newcomers, taskmasters and political tacticians.

Schumer spent time early on assuring the group that his party, including Obama, didn’t want to jam Republicans. They wanted a solution, not a political issue, for the next election. The process would be fair, Schumer said, and each senator had an equal vote inside the negotiating room. In a subtle nod to that political equanimity, they alternated meetings between McCain’s office and Schumer’s office, and sometimes met off the Senate floor during votes.

McCain forced the group to work quickly, assuming that the political will to get something done would diminish with each passing week. And Schumer swore that the negotiations would not become a repeat of the 2009 bipartisan health care talks led by Sen. Max Baucus (D-Mont.) that dragged on for months. No media stakeouts at each meeting, Schumer insisted.

“This isn’t Baucus Beach,” a senior Democratic aide said, referring to the area outside Baucus’s office where reporters camped out during the health care talks and harangued senators for details.

The group spoke so frequently that Schumer memorized the seven other senator’s phone numbers. They even developed their own inside jokes.

In one of the first meetings, Schumer was reading aloud the agenda when his chief immigration aide, Leon Fresco, a precocious Cuban-American lawyer from Miami who approached negotiating sessions like they were debate camp, piped up to correct his boss after he had misspoke.

“Shut up, Leon,” McCain told Fresco, prompting the group to erupt in laughter. McCain repeated that same line — “Shut up, Leon” — whenever Schumer opened the meetings with a review of the agenda.

Fresco turned out to be a dominant force in the talks, as did Rubio aide Gonzalez, another Hispanic-American immigration attorney from Florida whom Rubio hired earlier this year to represent him in the talks. The two became friendly as they haggled over dinner with the rest of the Senate aides, a mix of Hill newcomers like them and low-key immigration veterans like Kerri Talbot, who represented Menendez (D-N.J.), and Joe Zogby, counsel to Durbin.

Fresco came to Schumer in 2009 on the recommendation of fellow Yale Law School classmate Serena Hoy, a top immigration aide to Senate Majority Leader Harry Reid (D-Nev.). After immigration talks failed in 2010, Fresco ingratiated himself with the press-savvy Schumer by coming up with sure-fire media hits. He tipped off the senator to a $45 baggage carry-on fee instituted by Spirit Airlines, which Fresco flew back and forth to Miami, and Schumer promptly introduced a bill to ban it, garnering blanket coverage.

Fresco, who Schumer called “my immigration genius,” brought that political eye to the talks, repeatedly coming up solutions that allowed both parties to claim victory.

“Brutal” talks almost fall apart

Just as the group moved forward internally, an administration slip-up pulled them back.

The leak of the White House draft bill to USA Today in February seemed to confirm the GOP’s worst fears that Obama didn’t really want the group to succeed. Schumer felt blindsided and Rubio declared the liberal document “dead on arrival” in the Senate.

Obama, who had a confrontational relationship with McCain and Graham since the Benghazi attacks, called the two Republicans to the White House — and in a breakthrough for the trio, they left convinced that the president would back them up.

But the next problem was just around the corner.

The group had made it a top priority to avert the same labor and business battles attracting future low-skilled foreign workers that doomed the immigration bill in 2007. Yet the issue still proved to be one of the chief obstacles again, leading to an impasse. By several accounts, it amounted to the low point in the negotiations.

“The issue at one point looked like it just stopped us cold,” Durbin acknowledged.

Lawmakers had wanted wanted to issue a joint statement before they left for the Easter break saying a deal had been reached on all the major points of contention. But that never happened.

On March 20 and 21, just before the recess, the group was holed up in a conference room just off the Senate floor. Late on the night of March 20, Schumer tweaked an offer previously rejected by the GOP senators, but this time the Republicans believed they could live with it.

But labor balked.

Schumer called up Richard Trumka, head of the AFL-CIO, who told the senator, “I know you’re trying. But we’d need this language changed,” according to a source familiar with the call.

Labor unions began to accuse the U.S. Chamber of Commerce of not working in good faith.

Staff and the senators were drained — particularly since those talks occurred just off the Senate floor and through the night during a marathon budget voting session that went until nearly 5 a.m.

It got so bad that they took a break to cool off over the recess.

“We kinda went to our respective corners and had to rethink,” Flake said, describing the talks as “brutal.”

He said he thought the group “wouldn’t salvage it.”

“Coming back to the room and trying to hash it out — we all invested so much time and effort into this and to see it break down like that, it didn’t sit very well,” Flake said.

While negotiations stalled in Washington, four of the gang members headed to the Arizona border with Mexico — publicly keeping a positive face on the progress they were making while revealing few details on how they planned to pay for the billions expected to go to border security.

At that time, staff dialed back their negotiations to give everyone a break from the heated and marathon sessions. After the breakdown, the AFL-CIO’s Ana Avendaño, the Chamber’s Randy Johnson and Fresco continued to try and hammer out the details — and they continued to narrow their differences until they struck a March 29 agreement over a plan to balance the need for foreign workers with the concerns over costing American jobs.

Not wanting one of them to back out, at 9:30 that night from his Brooklyn home, Schumer held a conference call with Trumka, and Tom Donohue, the Chamber leader, and both said “yes.” Donahue suggested the three should grab dinner to celebrate, and Schumer offered to pay for the bill.

The Saturday after the deal was reached between the Chamber and the AFL, Schumer called White House Chief of Staff Denis McDonough, who was being briefed about the talks.

Upon learning of the deal, McDonough said: “You guys are kicking ass.”

But on Easter Sunday, Schumer was surprised when Rubio blasted out a statement saying that it was premature to consider a deal in hand, prompting media speculation that the Florida Republican was poised to drop out of the talks.

Fresco shot an email to Gonzalez later that day, urging him to keep Rubio on board. And a worried Schumer called Rubio that Monday night, and the two men spoke by phone, assuaging the New York Democrat’s fears that the Florida Republican was wavering over the proposal.

Still, there were ample issues left to resolve. But the group leaked details of the agreement to create the impression that a deal was imminent on the overall bill.

The full group did not meet again until the middle of last week when an agreement appeared to be within reach, electing instead for staff-level talks and negotiations among a smaller number of senators as they worked through the remaining sticking points over the specifics of high-tech visas and a separate agriculture-worker visa program.

As the rest of Washington and country gets a look at what the group spent months negotiating, the senators are optimistic that they struck the right balance, even as the compromises will anger many people.

Sharry, the legalization advocate, said he can now see what the negotiators were trying to do on border security.

Rubio can tell conservatives that the border will finally be secured, employers will be required to check the immigration status of their workers, and visa holders will be tracked. But Democrats can say border security benchmarks won’t impede the path to citizenship.

“It is pretty clever,” Sharry acknowledged this week. “They are both right.”

Tarini Parti contributed to this report.

© 2013 POLITICO LLC

Outrage after ICE officers detain undocumented immigrants bringing their kids to school

Posted on by Ruby Powers in citizenship, DREAM Act, education, Immigration Law Leave a comment

by Alessandra Hickson
1:22 pm on 10/20/2012

Members of the Latino community and immigration activists are calling for the resignation of the director of Immigration and Customs Enforcement in Detroit after officers stopped and detained two undocumented immigrants as they dropped their children off at school.
Both immigrants, from Mexico, were followed by agents from Immigration and Customs Enforcement as they left their homes in southwest Detroit on Tuesday morning. Both men had their children in their vehicles. One of the men, Jorge Hernandez, says he was pulled over by agents in unmarked cars just across the street from his four year-old daughter’s school. He claims he was threatened with arrest in front of his wife and son.
“I was very scared,” said Jorge through an interpreter to The Detroit News. “My children were saying, ‘Don’t take my dad away.’”
Hernandez and his wife went into the Manuel Reyes Vistas Nuevas Head Start Center and stayed there until members of the Alliance for Immigrations Rights & Reform Michigan were able to help them. The other man, Hector Orozco Villa, told immigrant advocates he was detained by agents near the elementary school of two of his children, Cesar Chavez Academy, a few blocks from the Head Start center. Orozco Villa remains in the agency’s custody. Parents and children in the predominantly Latino neighborhood were alarmed by the agents, according to the New York Times.
On Wednesday, more than 100 people from Latino and church groups, including Hernandez and state Rep. Rashida Tlaib, rallied outside the Cesar Chavez Academy on Waterman Street. Demonstrators called for ICE Enforcement Director Rebecca Adducci to resign.
According to The Detroit News, ICE national director John Morton pledged in October 2011 that agents would no longer patrol around schools or stop residents on their way to drop off or pick up their children. Parents and school officials feel that ICE has broken it’s promise.
“It is very alarming to me to have this happen during the rush hour of people taking their children to school,” said Rep. Tlaib to the New York Times. “We are really worried about the impact on these United States citizen children.” Many of the children of both Hernandez and Orozco Villa were born in the United States.
But ICE says they’ve done nothing wrong.
“After a thorough review of facts, the arrest of a priority target today in the Detroit metro area adhered to, and was in full compliance of, the stated policies and procedures of the agency,” said Ross Feinstein, a spokesman for the agency. “This includes ICE policy regarding enforcement actions at or near sensitive locations.”
According to immigration officials, Orozco Villa was arrested because of a criminal conviction in 2008 for driving under the influence and he had also returned to the United States after being formally deported, which is a felony.
For now, immigration activists and Latino residents continue to press for answers and dialogue.


Department of Homeland Security’s Deferred Action Status program – Applications can be submitted starting August 15, 2012

Posted on by Ruby Powers in DREAM Act, Immigration Law, Immigration Trends, Legislative Reform, Processing of Applications and Petitions Leave a comment

NOTES FROM A RECENT WEBINAR REGARDING DEFERRED ACTION STATUS – Posted on July 21, 2012

Immigration Attorney – Ruby L. Powers

The official commencement date for the program is August 14, 2012, but the applications cannot be submitted until August 15, 2012.

 

I. PUBLIC SAFETY Concerns: 

GANGS

·         You must distinguish between Member vs. Associate

·         If Member, was it Prior or Active?

·         ICE will rely on intelligence from local gang task forces and federal databases

·         It will be very difficult to clean up record if any prior gang participation

 

PARTICIPATION IN CRIMINAL ACTIVITIES (even if no conviction). DHS will look at:

·         Admissions in Plea Agreements (can be a negative factor)

·         Admissions to a DHS officer (can also be used against applicant)

·         Admissions on applications 

·         Rap Sheet

 

JUVENILE DELINQUENCY

·         DHS will look at any unlawful behavior the applicant committed as minor. It is not yet clear what will DHS do, since juvenile offenses are not considered a conviction under the INA, but no doubt it will be a detrimental factor that the applicant will have to overcome with his other equities.

 

RISK OF DETENTION

·         DHS made it very clear that detention is a risk for any person subject to Mandatory Detention, plus others they can choose at their discretion.

II. FRAUD

·         DHS made it very clear that they will actively and aggressively pursue with criminal charges and Removal any misrepresentation or fraud on the application. As far as previous misreps (like photo-switched passports), they will go on a case-by-case basis. There will be NO waiver for false claims of USC after 1996.

III. EDUCATION

·         Applicants will be eligible as long as they are enrolled in school or a GED program at the time of application. There are other ways to be eligible for the education component.

 

IV. MISCELLANEOUS

·         DHS confirmed that there would be a form and a fee. They hope to have the form by August 1, 2012, but the date is not “set in stone.”

·         EAD fee is $380. Biometrics fee is $85. 465 TOTAL

·         Unclear so far whether they will accept I-912 Fee Waiver Request

·         DHS will apply “totality of circumstances” standard to applications. The more equities, the better.

·         Unclear whether “confidentiality” standard (like asylum and VAWA) will be honored. 


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