Tuesday, December 25, 2012

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 15th, 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!

Tuesday, December 18, 2012

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.

Sunday, December 2, 2012

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.