The Obama Administration has gone to extreme lengths to dispossess critics of the belief that S-Comm is not an anti-immigrant dragnet–instead, it refers to S-Comm as a crime-fighting tool. It’s anything but: in Oregon, out of the 624 people deported through the program in the state, 155 were convicted of the lowest level of crime, and 175 were convicted of absolutely nothing.

Adding insult to injury (and then topping it off with just a little more downright cruelty), Immigration and Customs Enforcement is activating these states despite the concerns expressed by the Homeland Security Advisory Council (not to suggest that ICE ever really cared about the HSAC anyway). According to the HSAC report (hosted here by the Huffington Post), if localities feel like S-Comm doesn’t make them more safe, some of the members felt that ICE shouldn’t make them participate:

“[T]o the extent that Secure Communities may damage community policing, the result can be greater levels of crime. If residents do not trust their local police, they are less willing to step forward as witnesses to or victims of crime. As a result, some Task Force members believe that decisions by local jurisdictions regarding participation in Secure Communities should be honored.”

New York and Massachusetts felt that way, but the federal government didn’t seem to care. At least we know how they feel about community policing.

Meanwhile, the federal government is suing Arizona and, simultaneously, Sheriff Joe Arpaio for being the monsters they helped create. Even before they sued Sheriff Joe, the Department of Justice filed a lawsuit against one of his copycats in North Carolina. Thanks to the forced expansion of the anti-immigrant dragnet, we can look forward to having even more of them terrorize people of color nationwide.

The lawsuit concerns 8 U.S.C. 1153(h)(3), which allows certain derivative beneficiaries to retain their priority date from a previous petition and apply it to a subsequent petition filed on their behalf. For example, a petition is filed by a U.S. citizen aunt for her sister, who has two children, and a priority date issued for the petition, which determines when the sister can adjust her status. The sister gains legal residency after waiting in line for many years for her priority date to become current, but the children turn 21, and “age out” of that petition, due to the huge backlog of cases. The Child Status Protection Act (CSPA) was devised to ameliorate the impact of “aging out” due to administrative delays and backlogs. The law recognizes that these aged-out derivative beneficiaries have waited in line for many years, and should be entitled to their original priority date. Using the original priority date for a new petition filed by the now legal resident parent for the “unmarried son or daughter” (F2B), would allow the aged out derivative beneficiaries to get their green cards shortly afterwards. However, USCIS has interpreted the CSPA to only apply to the F2A category, severely limiting the benefits of the law.

We recognize that “aging out” of family and employment based petitions is a huge problem, especially for young immigrant adults who have legal/U.S. citizen family members in the United States. Following our request for stories, we received hundreds of emails over the course of a couple days from all over the country.  The brief that Benach Regland filed on our behalf recounts the stories of six Dreamers who have “aged-out” of eligibility for residence through the petitions that provided residence for their parents and siblings.  The brief describes how the Board’s erroneous interpretation of the CSPA has resulted in a limbo-like state for these six Dreamers who were brought to the United States when they were minors, and who waited in long visa queues to immigrate with their parents only to age-out and “go to the back of the line.” In some cases, the “aged out” Dreamers are in deportation proceedings and can never adjust their status in this country due to the long backlogs in their new category.

The government is trying to argue that allowing these “aged out” Dreamers the right to claim their original date of filing would enable us to “cut in line.” Try telling that to someone like Antonio, who waited in line for 20 years, and aged out. His legal resident parents filed a new petition for him, but his new priority date will become current in 115 years. The idea that Antonio, after waiting in line for 20 years and getting aged out through no fault of his own, is now trying to “cut in line” by using his original priority date is simply ludicrous.

Should the 9th Circuit reject Matter of Wang, it will join the Fifth Circuit in rejecting the Board’s position, and it will allow many young people who were the derivative beneficiaries of previous petitions to apply for residence immediately taking advantage of the years they waited prior to their turning 21.  It will also allow them to avoid the possibility of lengthy separation from their families, their country and their dreams for their future.

This case represents an opening of a new front for undocumented youth, who have so far effectively engaged the legislative and executive branches of government. We believe that the compelling personal stories in the brief filed with the court will make a significantly positive impact with judges on the Ninth Circuit. Our participation in this lawsuit marks the first time that “Dreamers” have petitioned a federal appeals court to fight for their right to live in this country. The battle over retention of priority dates tells us that we cannot depend solely on Congress and the President, especially when immigration regulations are dictated by agency enforcement and discretionary powers.

The Ninth Circuit will take up Cuellar de Osorio on June 19 in Pasadena, California.  Ms. Amy Prokop is representing Ms. Cuellar de Osorio.  In addition to DreamActivist, the American Immigration Lawyers Association & the Catholic Legal Immigration Network filed a brief as amicus curiae, which is also a must-read for anyone who wants to understand the math behind visa number allocations.

We’d like to extend a personal thank you for everyone who sent in their stories and to the law firm of Benach Ragland LLP for always standing by our families.

The DreamActivist brief was written by Prerna Lal, Andres Benach and Thomas Ragland.

09-56786 Amicus Brief by Active Dreams LLC efiled copy.

AILA CLINIC amicus brief – PACER

Mi madre es hija de inmigrantes Ecuatorianos que llegaron a Venezuela en busca de un cambio de vida. Después de vivir en Venezuela una gran parte de su vida, mi madre siguió los pasos de sus padres y buscó una mejor vida para sus hijos en los Estados Unidos y, aunque ella no lo crea y a pesar de las dificultades que mi familia todavía enfrenta, esa ha sido una de las mejores decisiones de su vida.

Mi madre, como yo, es indocumentada. Esto es algo que ella tal vez no le contaría a nadie recién conocido, ya que todavía se enfrenta con el miedo de ser deportada, pero es una realidad que la ha moldeado en la mujer que ella hoy es.

Desde un comienzo, mi madre plantó sus dos pies firmes en el suelo, determinada a que su visión para un mejor futuro para sus hijos se hiciera realidad. Muchas noches, cuando no alcanzaba el dinero, mi madre dejó de comer para asegurarse que la comida alcanzara para nosotros. Cuando no hubo trabajo, mi madre se aseguró de aprovechar todas las oportunidades posibles para que no nos faltara nada. En los días que yo no quería ir a la escuela, mi madre me insistía en la importancia de adquirir una educación y, cansada o no, se levantaba todas la mañanas a cocinarme el desayuno, todo esto mientras trabajaba en varios lugares, mientras mantenía la casa corriendo, mientras temía que el estatus legal de sus hijos los limitara. Nunca hubo una queja, nunca hubo un reclamo – mi madre siempre mantuvo su cabeza en alto, y aún cuando su temor a ser deportada nunca la deja, yo me enorgullezco de saber de qué tengo a una persona fuerte y dedicada detrás de mí, una persona que ha sacrificado más de lo que yo podría pedir, una persona a la que admiro y quiero.

Es por esto mismo, que cuando los políticos dicen que la culpa de porque hay jóvenes indocumentados en este país es la de los padres, yo alzo la mano.

Ni mi madre, ni mi padre, tienen culpa de nuestra situación legal. Tampoco tienen culpa de querer una mejor vida para sus hijos, y mucho menos por el sistema migratorio de este país – el cual destruye familias a diario. La única culpa que mi madre carga, es esforzarse cada día para asegurarse de que su decisión sea válida en su mente. De que su trabajo y sacrificio sea validado de una forma u otra.

Cuantas lagrimas no ha derramado mi madre por no poder visitar a su familia en Venezuela? Cuanto añora mi madre ver a todos sus hijos graduados, con sus vidas hechas? Cuánto dolor siente una madre por no poder reportar los crímenes a los que se somete, o los que observa?

En este día de las madres, quiero expresar mi reconocimiento a una de las personas que me ha empujado a ser quien soy yo hoy en día. Mi madre nunca ha dudado de mí y, como muchas otras madres que trabajan duro para mantener su familia unida sin importar su estatus legal, mi madre siempre me ha dicho que lo yo me ponga como objetivo en la vida lo lograré alcanzar.

Si eres madre inmigrante y estás leyendo esto, quiero que sepas que la preocupación, la angustia, y el desespero es temporal. Todo va pasando, y hay muchas personas quien valora tu trabajo, tu actitud, y tú ser. Y aunque no lo creas, tus hijos te agradecen por la oportunidad que le has brindado, de una vida segura con posibilidades, que aunque se vean limitadas a tiempos, les enseñaran como valorar la familia y lo que se les ha ofrecido durante su vida.

A todas las madres o figuras maternas, que hayan migrado por sus hijos o familia, las felicito, ya que ser madre es una jornada en sí misma, pero ser madre inmigrante es un tema totalmente diferente. A las madres se las respeta, pero a las madres inmigrantes se las admira.

Join us as we continue to push back on record-high deportations of our families and community members.

Are you ready to take a stand and be active in stopping the deportation machine?

Here are THREE different cases that are scheduled for IMMINENT deportation:

• The Tytla Family, Illinois: 

  
  Mikola and Tatiana left the Ukraine with their son Yuriy because of the Chernobyl accident which affected Yuriy’s health. They moved to Argentina and, in 2002, settled in the U.S.On April 20th, ICE visited the family’s home in Chicago and detained Mikola. If they’re deported, Mikola and Tatiana will be deported to Argentina and Yuriy will be deported to the Ukraine, separating their family on different continents.Mikola is set to be deported TOMORROW after his stay was denied yesterday and his wife and DREAM Act eligible son are in deportation proceedings.Help us stop their deportation and keep this family together!

  *Sign the PETITION:
  http://action.dreamactivist.org/illinois/yuriy/

  *Make a PHONE CALL:

• 1. Call Midwest ICE Field Office Director Ricardo Wong (312) 347-2400
  2. Call ICE Director John Morton (202) 732-3000Sample Script: ”I am calling to ask that the Mikola Tytla (A95-547-404) is immediately released and the deportation of him, his wife Tatiana Bondarik (A95-547-403 ), and their DREAM Act eligible son, Yuriy Tytla (A95-547-405 ) is stopped. The family has been living in the U.S. for ten years. If deported, the parents’ lives will be threatened in Argentina, and Yuriy will be sent to the Ukraine, a country he doesn’t remember whose language he does not speak. According to the Morton Memo, Mikola, Tatiana, and Yuriy are not a priority for deportation. Don’t deport  and separate this family.”*Share the petition and their story on Facebook, Twitter and/or Tumblr using the hashtags #freeMikola #stopICE

  From IYJL: “My father is currently held in custody due to deportation proceedings and I am writing this letter as testament to his integrity and character. My father never had any selfish motivation for his actions, but he rather had an honest drive to give a better life to me and my mother.” –Yuriy Tytla                    http://www.iyjl.org/?p=2999

• Miguel, Pennsylvania:
  
  Miguel has been held in detention for 10 months and counting. ICE has refused to let Miguel go and now they are getting ready to deport him back to El Salvador ANY DAY NOW, a country he hasn’t been to since he was 9 years old. For Miguel’s two young boys Noah and Isaac, deportation will mean the separation of their family and being raised without their dad.Miguel has made some mistakes in the past – when he was 19 he was charged with underage drinking and served 30 days probation as a result. He wasn’t given a defense attorney and was not told by the judge or prosecutor that pleading guilty would lead to his deportation. Since then, Miguel has turned his life around to focus on his family. He is currently pursuing his G.E.D. while in detention to set a good example for his two sons. While in detention, he missed the birth of his second son and a chance to support his fiancée during the process.Don’t allow ICE to continue to deny Noah and Isaac a life with their father. 

  *Sign the PETITION:http://action.dreamactivist.org/miguelo 

  *Make a PHONE CALL:Call ICE – John Morton @ 202.732.3000“Hi I  am calling to ask that Miguel Orellana (A# 094-320-156) be reunited with his family. His fiancée just gave birth to the family’s second baby and she wants nothing more than to be reunited with Miguel so they can raise their two sons together. Let Miguel out.”*Share the petition and his story on Facebook, Twitter and/or Tumblr using the hashtags  #freeMiguel #stopICE #SYOC

• Ubel, Ohio:
  
  Ubel Perez faces deportation in a few days (May 13, 2012) due to a DUI he committed while suffering from depression. Ubel fears gang violence in Guatemala and wishes to remain in the United States, a country he has called home for the past 9 years.Ubel’s family immigrated to obtain a better future and to escape the violence and gang culture. Ubel’s hometown of San Marcos is known for gangs who kidnap youth and even murder kids that resist joining a gang. Ubel’s mother, who is in Guatemala, has told Ubel not to return as her village has become too dangerous and Ubel’s life could be at serious risk.Ubel is currently enrolled in a GED program and wishes to become an electrician. Ubel has become part of his community in Cincinnati, is active in St. Charles Church, and in the community soccer league coaching a women’s soccer youth team. Ubel has worked to support himself and his family since 2003. Being undocumented can take a toll on one’s mental health, and incarceration is not a substitute for adequate medical care (care that is often inaccessible for the very reason of lack of legal status). Help us stop Ubel’s deportation:*Sign the PETITION:http://action.dreamactivist.org/ubel

  *Make a PHONE CALL:
  Call ICE – John Morton (202.732.3000)Sample Script: “I am calling to ask that Ubel Perez de Leon (A# 205-012-258) be allowed to stay in the United States. Ubel has been living in the United States for the past 9 years. If he is deported, his life could be at risk due to the gang violence in Guatemala. Ubel is DREAM Act eligible and is studying to become an electrician. Don’t deport Ubel.”

  *Share the petition and his story on Facebook, Twitter and/or Tumblr using the hashtags #freeUbel #stopICE #SYOC

   

While the passage of the fund brings joy to some, I can’t help but feel frustrated. It’s a distraction to the state, and some organizers, from passing real change in the form of the New York Dream Act, a bill that would open the Tuition Assistance Program (TAP) to all youth regardless of immigration status. As the session comes to an end, politicians will think that the passage of the fund is enough involvement with immigrants, and once again, it becomes a scheme for votes.

Instead of being treated as equals, in the state we also contribute to, we are offered a separate and unequal fund which does nothing to change our current situation. We already fund raise for scholarships. We already receive donations to go to school. Some organizations already give money to undocumented youth who want to further their education. All this is done without having to pass a law. When Assemblyman Moya presented the bill on Tuesday, he was asked if such scholarship programs already exist, he said, “yes”. Having a state fund could be a good addition, when the New York Dream Act is already law.

While the passage of the fund means the New York Dream Act has a chance at passing as well, it doesn’t mean that the fund should pass on its own or be the only thing we focus on. Don’t get it confused, both bills are not the same. The fund, which may take years to become reality if passed by the state, steers the conversation away from real change and toys with the emotions of the youth who so patiently wait on a chance to obtain higher education. What more can New York youth do to prove we deserve an equal seat at the table? To prove we are good enough?

However, these are just my thoughts, what do you think about the Dream Fund and New York Dream Act?

Our task is simple. As undocumented youth, we’ve a vested interest in this case. We’ve undocumented youth who are only undocumented because they were aged-out of family visa, employment or asylum petitions contrary to the rule of law. As such, we’re looking for actual cases of where children have aged out of a petition filed by their grandparents (F-3) or uncles/aunts (F-4), an employer sponsor case, an asylum case, and the parents immigrated or adjusted their status to that of legal permanent residents. The adult unmarried son/daughter either got left behind in their country of origin or could not adjust status with their parents and has to wait in a long line again or denied asylum as a result. In some cases, the adult son/daughter becomes what is popularly known as “a Dreamer.” In some cases, they have ended up in deportation proceedings or detention.

The best kind of cases would be ones where the legal immigrant parents subsequently filed a new petition on behalf of the aged-out unmarried adult son/daughter, attempting to retain the original priority date and USCIS refused, placing the adult unmarried son/daughter in deportation proceedings. But your story doesn’t have to be limited to that fact-pattern. In short, if you have a case where the parents got their green cards but their own children got left out of the process because they were over 21, please shoot us an email at admin@dreamactivist.org.

This request is for an amicus curiae brief to be filed with the Ninth Circuit. Your name can be redacted or providing an alias is alright. You can choose to remain confidential and still partake in this historic case.

If you need more information about the Child Status Protection Act (CSPA) or need clarification of the request, feel free to shoot us an email as well so we can clarify.

We are gathered here on this May Day for many reasons.

We are gathered to celebrate community, community that has been built by the hands and on the backs of working class people.

We are gathered to remember those who have labored in the past to ensure that we can make a living in the present and save for the future.

Most importantly, we are gathered here because we are all under attack.

In the past 3 years, we have seen over a million people – hundreds of thousands of fathers, grandmothers, sisters and classmates – be deported under a president that promised us hope and change.

We often hear of no child left behind, yet every day immigrant children are left behind in our city as their parents are deported.

We have had our access to healthcare severed and our reproductive rights limited.

We have seen our wages fall and tuition rise, yet we are made out to be the scapegoats in an economic recession.

But although we are under attack, we must always remember that our liberation is bound together, that we must intersect our struggles to achieve a common victory.

A common victory where black and brown and all colors stand united;

Where allies support the work of those directly affected and do not stand in the way of their freedom;

Where we each check our respective privilege in our quest for justice;

Where we the oppressed do not turn on each other in desperation, but instead focus our energy on those who oppress us;

Where I will never be free as long as you remain in chains;

Where indigenous rights, immigrant rights, women’s rights, workers rights, civil rights and educational and economic access are all respected as human rights.

This common victory is why we fight and there are still many battles to be won.

We must also fight for all undocumented youth – from the valedictorian who has triumphed despite the odds to the high school dropout swallowed by the school-to-prison pipeline.

We must send a united message that all undocumented youth are worthy – of a chance, of an opportunity, of an education, and of avoiding deportation.

We must never be made to point fingers at our parents, whose strength and courage brought us here in search of a better life.

We must fight for the passage of the DREAM Act while recognizing that it is the first step of a much larger battle.

But, in the words of Harvey Milk, we cannot live on hope alone, so we must defend what those who have come before us worked so hard to achieve.

We must fight against programs like Secure Communities and 287g that result in record-breaking deportations of youth who have deemed low priority, but have yet to be saved by prosecutorial discretion or this administration.

We must fight against detention centers that profit from the imprisonment of our family and community members, that label mothers and fathers as criminals for working to feed their children.

We must fight against electing politicians who continually refuse to be accountable to the communities they serve, who only kiss babies in election season when they need your vote.

Though we must face our fears and acknowledge the pain they inflict upon our families – fear of poverty, of family separation, of detention and deportation – we must not let these fears cripple us into acceptance of injustice.

Though we must confront our anger and harness its power by organizing – the anger felt by undocumented youth at the lack of opportunity as they leave high school, often times without a diploma in hand – we must not let our anger blind us into complacency or submission.

We must link arms as we come out of the shadows, as we drop the shame and stigma that surrounds our every day existence.

We must refuse to be silent, refuse to turn a blind eye to the criminalization of our communities.

We must speak ourselves back into existence – speak our stories and our struggles – for we are being erased from the history books in our state legislature.

We must not wait for someone to lead us – for we should be at the forefront of our own struggle.

We must organize. We must mobilize. We must share our stories and make our voices heard.

We must not wait for our freedom to be handed to us – it is up to us to free ourselves.

Most importantly, we must not bear these burdens alone – we should rely on each other for support.

Lastly, we must fight for each other, not in spite of our differences, but because of our differences, differences that are nonetheless bound by shared values of our dignity, our humanity, and our community.

As an undocumented youth, an immigrant, a daughter, and an ally, I look forward to fighting alongside every one of you in solidarity. Thank you.

We have a very short window to get ICE to realize its mistake in detaining another DREAMer, help us get the word out and make sure Izlia doesn’t spend even a second in detention!

ACTION ALERT:

1. Call ICE – John Morton: 202.732.3000 or 202-732-3100

Sample Script: “I am calling to ask that Izlia Luna (A# 205-297-501) be released from Josephine County Jail in Oregon. Izlia has no criminal record, she is being told she will be sent to ICE today! Please release Izlia immediately so she doesn’t have to spend any time away from her family in detention!.”

2. Sign Izlia’s petition, each signature is sent directly to President Obama’s administration.

If Izlia is transferred to the detention center then it could be weeks or months before she is reunited with her family, if she isn’t deported before that. In the past your call has made a difference, let’s see if we can do it again!

My fears of motherhood are deeper than the average fears and it’s mostly influenced by my immigration status. Many believe becoming a parent is an isolated issue, for me, it’s intertwined with all my other struggles and identities.

When my mother was 21 she already had a child, me. I’m constantly being reminded that I’m the same age she was and I haven’t started to build my family. Some prioritize a job and building a career before even considering becoming a mom. I worry about bringing a child into the world that will have a mom who can barely fund her own education, much less have an established career. I worry that working more than one job to provide a better life for me and my child will result in my absence from special occasions that can’t be relived. I worry that I won’t even have a flexible, stable and well paying job that’ll enable me to raise a family.

While becoming a mom for some is the most joyful experience of their lives, I’m terrified my child will hate me for not providing a life worthy of their acceptance. I know my child will be born into a mix status family, like the one I was raised in. I experienced first hand the lack of resources and how it’s affecting my siblings despite their citizenship. Having to pick which high school senior event I wanted to go to because mom couldn’t afford all of them. My siblings will be repeating that pattern. I’ve seen my documented siblings stay in the states during summer vacation because they didn’t want my mom and I to feel bad, or excluded, from outings we wouldn’t be able to participate in. Yes, sometimes there wasn’t enough food in the fridge, and I would reduce my servings so there would be enough for everyone else. I ask myself, if my mom would have been documented, would it have made a difference growing up? Yes, I think so. I’m not embarrassed of my family or our struggles anymore. At some point I used to be, but it took time, critical thinking and being slapped in the face by life for me to understand and see things differently. I embrace our story wholeheartedly. However, what if my child is spoiled because of the privileges that he/she may acquire for being born here, if they are born here? What if in the process of raising a family, my child grows to be embarrassed of his/her undocumented mother?

It’s different when I struggle with my own future. Figuring out where to work, how to pay for school, crying and being depressed. However, it’s completely different when there’s a little person that depends on me and looks up to my every move. While the government continues to stall on passing a bill that would provide relief, I still see myself being undocumented in the future. I worry that in the late hours of the night I could be taken away from my child and possibly deported. Leaving behind a little person with an incomplete future and memories of a mother he/she may never see again.

What annoys me the most is that so many areas of my life are affected by my immigration status to the point that it dictates my next steps and plots out my future. Everyone, should have the opportunity to have children if they please and their only worry be labor pains. My mother had me in a time where she did not know what “undocumented” meant or “deportation”, but I do. She is stronger than I am for being able to raise me and commit lots of sacrifices for my future and her well-being. I wonder if I’ll be a good enough mother, despite all the injustices around me, and pass down all the things I’ve learned while still being able to provide a better life for my child.