Top Arizona DREAM Moments of 2012

The end of 2012 is a great time for reflection on the events that changed the lives of approximately 80,000 to 100,000 immigrant youth in the state.  There will be other lists for top moments at national level but these are our Arizona’s best.

1.-DACA (Deferred Action for Childhood Arrivals).  It wasn’t because one day President Obama decided to be nice with the embattled DREAMers.  It was a calculated political move plus the result of DREAMers across the nation pressuring POTUS. The ADAC participated in the Right to DREAM Campaign, protesting in front of ICE’s offices and engaging the White House through social media. Efforts came on different fronts, using different tactics. 96 Law professors across the nation signed a letter to President Obama stating “Yes, You Can” give reprieve from deportation to DREAMers in response to President Obama's  reluctance to use his executive powers to alleviate the  DREAMers' situation . More on the letter to President Obama  here.  Arizona State University Professor Evelyn Cruz was one of the signatories to the letter. This “DREAM Act light” was the most significant victory in the immigrant rights movement in a generation.

2.-In State Tuition at Maricopa County Community Colleges.  One of our biggest victories. Legal Department and authorities at Maricopa County Community Colleges District (MCCCD), one of the largest colleges systems in the nation, were quick to find legal justification to offer In-Sate-Tuition to DACA grantees.  This move was in spite of Jan Brewer’s executive order denying Arizona IDs and Driver’s licenses to DACA grantees.   MCCCD kept the list of documents for in-state-tuition that was in place since the times of Prop. 300 implementation.  Governor Brewer, in an authoritarian move, changed the list of documents for granting Arizona State IDs and Driver’s Licenses eliminating the working authorization (I-766).

The quick and resolved response from MCCCD authorities came thanks to the intense protesting and scrutiny  the previous implementation of out of state tuition policies got since April 2011.  Long story short, we DREAM advocates put pressure on MCCCD in public and many, MANY, private meetings to show our displeasure on the disappearance of all reasonable tuition fees for immigrant youth. Here is an article on the series of protests by journalist Gregory Pratt.
The tuition hike came with subsequent collapse of the enrollment of undocumented students and the near collapse of some programs.

MCCCD was able to turn around the situation, find common sense, courage and offer a hopeful alternative for higher education that will benefit Arizona's future work force.

3.-The Arizona DREAM Act Coalition v Janice Brewer.  In an effort to pander to the GOP mostly white, old extremist base Gevernor Jan Brewer eliminated the work permit given to DACA beneficiaries from MVD’s list of valid documents for Driver’s Licenses and IDs.   Jan did it not for electoral benefits but for future personal economic gains (the afterlife of wagging-finger-at-the-tarmac Governor signing books and juicy speaking engagements). Even more distasteful, she issued her executive order the same day DREAMers celebrated USCIS launching of the DACA process on August the 15^th, 2012.   ACLU Arizona came to the rescue and slapped a lawsuit along with ACLU National, MALDEF and NILC with the Arizona DREAM Act Coalition et al as plaintiffs.  Members of ADAC, among them CADENA, SUFFRAGE, I DREAM, QUIP and others participated defining the lawsuit. The move was highly anticipated. The authoritative action (we call it bullying) against young people found complete silence from GOP figures at local and national level. Here is an article from Terry Greene Sterling on the issue. Now Michigan DREAMers are following our footsteps filing a lawsuit in their state.

4.- No DREAM Deferred-NDD.  With more than 1000 DACA applications submitted through the workshops and countless orientation for DACA applicants, NDD Coalition deserves a spot on the greatest Arizona DREAM moments of 2012. NDD is an all volunteer and free service to young people coordinated  by DREAMers from ADAC with the invaluable professional help of AILA Lawyers plus other partnering community organizations.  Great collaboration and team work in spite of the monetary  limitations.

 5.- Dulce Matuz, One of the 100 More Influential Persons in the World by TIME Magazine.

It was a great recognition of Dulce Matuz’s leadership (an ASU electrical engineer graduate and Carl Hayden Falcon Robotics alumna) but also national recognition of the DREAM Act movement en Arizona.  She is the first to point out the volunteer work and many sacrifices of all the active members of the movement who contribute to her effective leadership. 

Bonus top moments!

GED enrollment for DACA applicants. Deferred Action for Childhood Arrivals came, for DREAMers who had not completed High School, with an opportunity to engage in education though enrollment on GED programs.  In spite of the many challenges this subgroup confronts it represents hope to young people to attain legal presence, work permit and a platform where they may construct personal educational improvement.  It would benefit individuals, families and the overall community.

Civil Rights Center-Department of Education Federal Complaint Against MCCCD. The tuition hike mentioned on top moment number 2 brought scrutiny from community members and specially Silverio Garcia of the Civil Rights Center.  MCCCD was treating Undocumented Charter High School students like community college students and submitting them to  harsh immigration-education policies. K-12 students are protected from legal status inquiries. CRC opened the door for the Department of Education to intervene.  Ruling is still pending but it was a great experience in advocacy, tools we can use in the future and returning some power to the community. Here is an Arizona Republic article on the issue.

Undocumented Youth on Time Magazine.

 American Citizens in waiting article featured amazing Arizona advocates Erika Andiola and Christian Lira among the national stars line up.  Another signal the DREAM Act movement have reached the notoriety from a little known legislation back in the day I started to advocate. Click for the TIME magazine cover and article here.

Don't Let Them Behind.  465 dollars can be a lot of money for immigrant youth, limiting for some the opportunity to apply for DACA.  Fortunately an anonymous donor contacted Chicanos por la Causa to start a fund  providing the USCIS- DACA application fees for DREAMers in need.  CPLC is reaching out to the community to grow the fund. I have been privileged to participate in the creation of the effort and witnessed DREAMers getting their checks to USCIS for their application. However, there is a lot of need for more funds like this to be created around the country. Start one !  Click here to donate !

Happy New Year 2013!

New GED Test Scheduled for January 2014 and How It Will Affect DACA Applicants

Undocumented youth have confronted many roadblocks in their lives, especially in education.   Negative immigration-education policy and laws meant to deny undocumented students access to higher education gave some an excuse to drop out from high school.  Some, regrettably, did not see the point of graduating from High School after the continued failure of Congress to pass the DREAM Act at the federal level.  High School dropout rates are a problem all over the country which affects Hispanics, minorities and immigrant populations in disproportionate numbers. Bad immigration-education policy only makes things worse.

With the introduction of the process for Deferred Action for Childhood Arrivals (DACA) and the opportunity to enroll into a GED program to qualify for application, GED education experienced a sudden increase on demand. Click here for an article on the demand  for GED instruction.

GED stands for General Education Development. The test is administrated by a division of the American Council on Education.  Click here for a link to their site. The administrators are updating the test to spring testers into advancing their education into college and will convert the official GED test to a computer-based version. The service states that the new test "is no longer an endpoint for adults, but rather a springboard for further education, training, and better paying jobs."

For potential DACA applicants it means GED enrollment, preparation and test taking will need to be done before the end of 2013. Any module taken will not count unless the whole battery of test is completed and certification obtained by then.  If the student had only completed certain modules, he or she will need to start all over to comply with the new test on 2014.   Also new fees will be on effect.

This is what the Arizona Department of Education is posting on its website.

Do Not Harm: DACA Applicants and The Threat of Medical Deportation

Even though Deferred Action for Childhood Arrivals has provided relief for thousands of DREAMers across the nation apparently putting the fear of deportation away, advocates  were reminded of the fragility of this policy in States like Arizona with a new case post DACA.

Rocio Almanza, a DACA applicant married to an American citizen, got gravely sick 1 day shy of her biometric appointment and started to experience seizures.  Rocio was taken to Banner Dessert Medical Center in Mesa, Arizona. A possible brain infection was diagnosed. She was in a medically induced coma for days and when she started to wake up, the hospital was pressuring her husband, Christian Solorio, into a medical deportation.  The hospital suggested the cost of her rehabilitation by a skilled nursing facility was too much for the uninsured young couple and told Christian his only option was to send his wife during the weekend to Mexico. 

Christian Solorio, who had started to fundraise online to pay for the medical care of his wife, was desperately contacting friends and family and thanks to Ileana Merary Salinas got in touch with CADENA, an all volunteer organization member of the Arizona DREAM Act Coalition.

We understood the need for a decisive action to prevent the deportation.  Back in 2007 we sadly experienced the medical deportation and subsequent death of Joe Arvizu.  Read the story here.  He slipped away in front of our eyes back in the days where we were confused about what to do to confront Arizona’s harsh anti-immigration laws. Tragically, an untimely lock-down at Joe’s High School prevented teacher advocates from reaching Joe’s mom before he was sent in an ambulance to Agua Prieta, Sonora, Mexico.

There is lack of federal funding to assist undocumented immigrants in medical emergencies but State laws make the situation worse.

In Arizona strict laws prevent the use of public funding by undocumented students. HB 2008,  was signed into law in 2009 as part of the 2010 state budget. This law is a wide-ranging bill intended to verify the immigration status of nearly everyone who comes into contact with state government, including vendors, contractors and employees.

This law affected a wide list of state agencies including Arizona Health Care Cost Containment System the Department of Health Services, etc. and compromised the care of undocumented immigrants (mostly young people) in hospitals in Arizona. Under these circumstances the hospitals suggested and were successful in medically deporting undocumented immigrants.

Thankfully in Rocio Almanza’s case we were contacted and were able to request Lawyer Delia Salvatierra to immediately intervene on a Saturday morning.  We also understood the need to make the case public and call the attention on this horrendous “medical dumping” practice.  Media outlets are interested and will share this story soon.

Deferred action won't completely stop the threat of deportation for young immigrants. Even a patient with legal status could  be in danger of being medically deported. Advocates need to remain vigilant to denounce this immoral practice.  

When DACA and SB1070 Collide

Cesar Valdes, a (Deferred Action for Childhood Arrivals) DACA applicant and active member of the Arizona DREAM Act Coalition, was detained Thursday, November the 15^th, 2012 by a Phoenix Police officer and arrested, following the SB1070 playbook. He was dropping off his younger brother at school that morning.

Cesar was stopped for allegedly driving with an expired license plate and subsequently failing to produce a driver’s license.  He became suspect to be in the country illegally, enough reason in Arizona to be locked up and sent to dreadful 4th Ave. Jail, the realm of Sheriff Joe Arpaio and his deputies. He spent that night among hard core criminals.  Later, a fight broke up inside the jail.  Thankfully he was unharmed but big and tall Cesar confessed he was really fearful.

This event brought out reality to immigrant youth, DACA applicants and grantees, who were reminded once more of SB1070 and Governor Jan Brewer’s executive order to deny DACA grantees of an Arizona Driver’s License.  Click here to read the article from the Arizona Republic on the executive order by Governor Brewer.

Cesar stated repeatedly to Phoenix Police Officer he was a DACA applicant and was not subject to deportation anymore.  The police officer went ahead anyway. Cesar spent 22 hrs. at 4^th Ave. Jail, his mug shot taken with the footnote “failure to show AZ driving license, ID “ as an explanation and posted on the Maricopa County Sheriff Office (MCSO) website which shows the public how Joe is “tough on criminals”.

Cesar believes he could have been released a couple of times during the process, one when he was in front of the city judge, who declared being confused by the circumstances.  Finally, Cesar was released upon being transferred to ICE jurisdiction. His arrest and detention exposed bad policy: the diversion of law enforcement resources into a deportation case that proceeds no longer.

Sadly, even DACA grantees (since Arizona will not be granting driver’s licenses) will be safe from arrest and hours of detention. We may see legal challenges in the future due to this attempt to single out beneficiaries of legal presence. But at ADAC we question what the point is in harass, humiliate and put in danger young persons who had entrust our system by bringing forward their personal information through deferred action?

The license plate issue?  It was a mistake of Arizona Motor Vehicle Division which failed to update his information.

Read related article by journalist Griselda Nervarez on VOXXI

The Baker

Today I found Chino. Or Chino found me.
He was neatly dressed with a crisp blue shirt, vest, slacks and shiny black shoes. Polite, assertive and inquisitive. He had all the necessary documentation to demonstrate his presence in the USA since his arrival in a neatly organized binder.  He had done a better job collecting info than most applicants, yet his school records were missing.
He works as a baker all night. Since he came to the USA at age 15 he has been his family's breadwinner. His English is limited and needs to access GED in Spanish classes urgently. Here is one of the few available GED classes in Spanish  in the Phoenix Metro area.. He represents a minority of  DREAM Act youth and for now Deferred Action for Childhood Arrivals applicants: most potential candidates have gone through the school system and are fluent in English, but not Chino and some few more.
His situation present several challenges.  USCIS produced DACA information in Spanish and this is the link but most of the assumptions is that DACA applicants access the information in English and our volunteer, advocate efforts are focused on English speakers.  We only explain in Spanish for the parents.
In the last 6 months I only heard of 3 cases of immigrant youth that hadn't have instruction in Spanish among the hundreds of young immigrants I come across.  This is not scientific assessment but just  anecdotal.
On cases like Chino's we advocates need to step up to the challenge and provide extra guidance, caring support.
I connected with him through e-mail.  Thankfully he is not illiterate and has basic computer skills. He always ends his e-mails sending me blessings.

I will make sure that, in spite of his limitations, he gets on the right track: GED first, then English lessons, simultaneously DACA and possibly more. I hope he will be willing to follow my advise.

Integrity and Intensity

GED seekers are confronting serious obstacles in Arizona.  The State Legislature has been cutting Adult Education budgets to the point of starvation and Prop.300 denied public funding for undocumented youth since 2007.  The remedial high school certification landscape is a difficult one for citizen and undocumented immigrants alike.

Many persons who are reaching out to me seeking information for GED instruction are young mothers in their early 20s who dropped out of high school due to pregnancy and now find difficult to find GED instruction to re-enter education.  USCIS willingness to accept enrollment to GED programs for Deferred Action for Childhood Arrivals (DACA) applicants without a High School diploma is suddenly increasing the demand and urgency for GED classes by these individuals.

Here is a list of challenges GED seekers are finding in Arizona and specially Maricopa County:

Decreased funding. GED instruction has been severely de-funded. In 2010, Governor Brewer signed a budget that eliminated the $4.5 million appropriation for Adult Education and GED Testing.  When Arizona eliminated this GED funding, it also lost $11 million in matching funds from the Federal government.

On line classes. Some GED outlets at Community Colleges only offer on-line classes to undocumented youth which may be a challenging setting for low proficiency students.

Students with different levels of proficiency. GED  instructors need to assess 
different levels of proficiency. It may take real commitment and monetary investment 
from some students to make up for lost time, acquire a GED certification and then
apply for DACA.

Bureaucratic barriers. Community colleges in Maricopa County (one of the largest in the nation) took time to implement new Arizona Department of Education’s ID policies and their own internal guidelines and denied GED instruction to some, especially during the first weeks after August the 15^th.  Some Community Colleges’ personnel in Maricopa County are not properly trained to offer consistent, non-intrusive enrollment procedures and question about immigration status, SS#.

Different programs, funding and models create confusion.  Non-profits are creating their own models to offer tuition based GED programs for people seeking to apply to DACA and comply with Prop. 300 at the same time.

Potential for fraud. Some organizations, charter schools are charging up to 4,500 for “High School Diplomas”; others offer “too good to be true” on-line classes. It may be difficult for immigrant youth to assess the adequate “intensity and integrity” of a GED, High School competition program, putting the burden of proof on the undocumented youth for DACA purposes.

Uneven production of enrollment documents to apply for DACA. GED outlets are still figuring out the production of documentation and receipts helpful for DACA applicants.

DREAM Act volunteer non-profit organizations, CADENA, The Arizona DREAM Act Coalition  and Tucson based Scholarships A-Z are taking the task to guide GED seekers in order to have a better educated workforce for the state and to have  young immigrants, so many times forgotten, applying for DACA.

Arizona’s Prop 300, its Effect on GED Seekers and Future DACA Applicants

About two years ago I was asked by a non-profit organization to craft an advocacy agenda on education issues since my work for the DREAM Act eligible youth is well known in Arizona, and immigrant youth is such an important part our education system and communities.  One of the issues I brought up to the surprise of my fellow board members was the concern for Arizona’s high dropout rate among Hispanics and the need to make stronger efforts promoting the integration of those individuals through GED certification programs. 

According to a 2010 study by Migration Policy Institute (MPI) around 100,000 undocumented youth live in Arizona, at different educational levels. Currently Arizona has an average High School completion rate of 72.5% being the Hispanic community the one with the highest percentage of High Schools drop outs. One of the factors that without doubt  influence the below national average completion rates for High School is that many of the students attending K-12 education are undocumented and get discouraged to continue their education by  the implementation of anti immigrant laws that put barriers to accessing post-secondary education.

In 2007 the Arizona voters passed Prop. 300, one of the first state anti-immigrant laws to target the education of undocumented students.  Prop 300 denied state funding for undocumented students and practically tripled the tuition to post secondary education for students that could not prove legal status in Arizona. Other of the lesser known educational elements this proposition affected was adult education. 

DREAM Advocates like myself always tried to encourage young immigrants to finish their High School and obtain a diploma since K-12 education has been protected by Supreme Court ruling Plyler v. Doe and our knowledge of the effects of Prop 300 on remedial tools as adult education, GED instruction certification and post secondary education in general.

President Obama’s announcement on June 15^th 2012 granting legal presence to undocumented young immigrants though Deferred Action for Childhood Arrivals (DACA) and the subsequent guidelines issued brought a new and sudden interest in GED education. Now the minimal educational requirement for DACA applicants is a high school diploma or a GED.  According to USCIS guidelines and interpretation from practicing immigration lawyers, young immigrants can apply to DACA when they can probe they are enrolled in a GED program.

Suddenly this tool for remedial certification became important for many.  Demand overwhelmed the current GED outlets, burdened by the limitations imposed by Prop 300. Institutions and non-profit organizations have been revising their models for offering GED to future DACA applicants and at three months of the DACA announcement, slowly started to increase the number of GED classes On Line and in regular classroom settings.  Institutions have been revising enrollment, funding and id requirements in order to be compliant with prop. 300. Due to Prop. 300 GED programs in Arizona are not being offered for free for people who cannot prove legal status.  State money is not being allocated for these classes.  

The Arizona Department of education has issued guidelines to ID requirements when the GED classes and tests are being paid for. Young immigrants seeking GED instruction and certification in order to apply for DACA have being confronted with unscrupulous organizations or businesses that offer instruction for high price and which accreditation is questionable. Established GED outlets from community colleges and school districts are starting to offer tuition options, some of them making extraordinary efforts to offer instruction for an affordable cost. 

Using social media tools DREAM Act advocates like myself, are communicating these options for GED seekers since we have little to no-resources.

In spite of the obstacles we are determined to integrate more young immigrants to the GED instruction so they can apply to the Deferred Action for Childhood Arrivals (DACA) process and increase the educational level of this segment of the population.  This is an opportunity we all can benefit from.

Follow GED updates on Fabebook searching: GED in Maricopa County.

For some, GED key to avoiding deportation

I'm quoted on this article about the importance of the GED for attaining eligibility on deferred action,  For some, GED key to avoiding deportation

DREAMers Entrepreneurs in Arizona

Arizona DREAMers, after experiencing first harsh immigration laws and policies have found the way to work along with the system, succeed and move ahead.
We have been proactive offering to Arizona DREAM Act Coalition's ( ADAC) members Small Business training  and showcase the new Small Businesses to the group so more are inspired and get ready to start their own.
There is also an emphasis within the group in the creation of high tech businesses.
Thanks to Univision and Ma. Antonieta Collins for meeting with ADAC and share with the nation this story of hope and economic development by young people.

The Importance of Knowing Your Rights and How We Stopped Marco's Deportation

Marco and Gabriella are a young couple.  She is a bright and well spoken American citizen, he is an undocumented immigrant without an accent.  He came as baby to the USA. 
A Scottsdale police in an unmarked vehicle  one night stopped the car where Marco was a passenger. He and his citizen friend were carpooling to work.  
Marco was asked for his I.D. and gave too much information during the street interrogation. (Marco could have been more prepared if he only had read CADENA's Know Your Rights brochure that you can download and print here. I  supervise its content). The police officer let both of them go after getting Marco's job place information.   
Weeks later, the same police officer stops by Marco's work place.
He gets accused of criminal impersonation for using a false Social Security Number.
Gabriella does what most will and puts all her trust on a criminal lawyer who unfortunately was not very informed on immigration law and suggest his client to plea bargain for a reduced  sentence.
In Arizona it is very easy for immigrants to lose immigration opportunities due to a criminal record, since the passing of laws designing to criminalize undocumented workers charge them with the highest penalties possible, making them ineligible for deferred deportation. 
Prosecutors at the Maricopa County Attorneys office tell Gabriella, point blank,  they know what legal tools the federal administration has given the lawyers for releasing immigrants and that they know how to invalidate them.  These legal tools  come with the exercise of Prosecutorial Discretion (PD in legal lingo).  This PD focuses on the  deportation of the criminal element of our communities, not on workers with invented Social Security numbers or broken taillights.
While Marco spends months in detention for the "crime" he plead bargain for, awaiting immediate deportation after his release, Gabriella contacts me and seeks help, realizing the ignorance of their previous lawyer only made certain her husband's deportation.
First move I suggest:  Get a competent immigration lawyer.  I gave her three names of lawyers I trust for their knowledge and for keeping up-to date on latest immigration procedures.  Also they are really good in working on several fronts: the legal and  the advocacy side of the fight.
Second, I put her in contact with Genie Zavaleta who holds the key to our friends in Washington who can present cases in front of ICE for Prosecutorial Discretion to be implemented.
After long days of non-stop negotiations and back and forth, our Washington ICE connections gave up on Marco's case.  The penalties Marco sign up during the plea bargain process were too steep for PD.  I though Marco was a lost case.  
Delia Salvatierra, the expert immigration lawyer Gabriella choose among the names I provided, pulls another legal recourse and after an agonizing day full of bad news, Gabriella announces her husband is being released with  Deferred Action.
I was able to hear through the phone the joy and celebration at Marco and Gabriella's home as the family gathered.  This was a great Christmas present for CADENA.

Please go to CADENA's web-site  www.dreamactaz.org to find information related with Know Your Rights and educational opportunities for DREAMers.

Looking back: Best Idea of 2011

No doubt a great idea was partnering with Reyna Montoya creating YEA! --Youth for Education in Action- that took the most awesome team in the world Reyna Montoya, Maxima Guerrero, Brax Lopez and all the volunteers to participate in the Mesa special election of 2011.

Outcome. Phase 1: 300 + voter registrations, mostly young people. More than 180 voters were registered on the Permanent Early Voter List (PEVL). Phase 2: More than 3,000 doors were knocked in Mesa District 18 on low propensity precincts inviting people to vote.
We also were on the news several times!    Best outcome of all: Russell Pearce the "creator" of SB1070 and Prop 300 was voted out in spite of sham candidate Olivia Cortes. It seems to me that YEA! will survive time and place and can be a valuable platform of civil engagement.
Click here to see YEA!'s work.