DREAM ACT at Brave New Films

All Americana (Part 2)

2008-09-06T16:43:25Z

Marta Espinoza just got accepted into UCLA. But like many undocumented immigrants who entered the country with their parents, she will not be able to attend because of her immigrant status.

What will she do?

Tune in this week for part two of this short film by NYU alumnus, Stephen Dypiangco and sponsored by the Movement Vision Lab at the Center for Community Change.

Be sure to check out Part 1!

Watch the video

All Americana (Part 1)

2008-09-06T16:43:25Z

Marta Espinoza just got accepted into UCLA. But like many undocumented immigrants who entered the country with their parents, she will not be able to attend because of her immigrant status. What will she do?

Tune in this week for part one of this short film by NYU alumnus, Stephen Dypiangco and sponsored by the Movement Vision Lab at the Center for Community Change. Tune in next week for part two!

Watch the video

Dream Students Speak

2008-09-06T16:21:07Z

DREAM Act students speak about their dreams, frustrations, hopes, and fears. They hold a press conference in Chicago to support the DREAM Act.

Visit www.icirr.org for more info.

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Dream Team Students Speak

2008-09-06T16:21:07Z

Introducing... the Chicago DREAM Team!

These are students committed to passing the DREAM Act, sharing their stories and struggles.

Call your senators NOW to support the DREAM Act. Ask them to help 65,000 immigrant youth who were brought here as children to realize their full potential: 1-800-828-0498.

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John McCain: Speech 07/14/08

2008-07-31T22:24:19Z

John McCain
Speech
San Diego, CA 07/14/08

TRANSCRIPTION
QUESTIONER: [...] I'm one of the 6 million who either have undocumented parent[s] or is undocumented and I wanted to know if you will support humanity all around the world including the dream act.

JOHN MCCAIN: Yes. Yes. Thank you. I will also enforce the existing laws of the country and a nation's first requirement is a nation's security and that's why we have to have our borders secure, but we can have a way and a process of people obtaining citizenship in this country and we cannot penalize people who come here legally and people who wait legally and so that's the fundamental principle in which we have to operate. Thank you.

LABEL: JM CA 7-14 (JR#60) CE - ClipF

To download a hi-res version of this clip, VISIT: https://issuealliance.box.net/shared/sl3f6tm04o

To download the full event, VISIT: https://issuealliance.box.net/shared/ygnf6oz6s0

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Rendered Stateless - Girl without a country

2008-07-05T19:19:38Z

Alexander (Allie) Mulhivill, 16, is the latest victim of a rigid and heartless immigration system that often does not work. And no--she is not an "illegal alien." Allie was adopted by U.S. citizens, Lori and Scott Mulhiville, when she was 2 years old from Guatemala. For the past 14 years, the Mulhivills have been trying to get a visa for Allie without any luck. And time is running out for her as Allie turns 16 and becomes another DREAMer who cannot work, vote, drive legally, travel abroad, get financial aid for college because the USCIS is not willing to give her a visa.

All this is because 15 years ago, the U.S. Embassy failed to verify that the woman giving Allie up for adoption was her birth mother--from the get go they allowed Allie to be adopted but did not grant her a visa because later they suspected baby trafficking. Allie continues to be in immigration limbo even as her adoptive parents fight to keep her in the United States but she risks deportation when she turns 16. Would readopting her do the trick? Government officials give no guarantee--they are still stuck on their baby trafficking scenario even without any hard evidence. Keeping Allie and her family in a state of permanent limbo based on unproven hypothesis is cruel and inhumane.

USCIS Promises Modernization of Immigration Process

2008-07-08T18:42:18Z

Acting head of the United States Citizenship and Immigration Services (USCIS), Jonathan Scharfen, has promised several changes to the USCIS bureaucracy that would help speed-up the legalization and naturalization process.

While Scharfen claims that the USCIS is working on resolving the problem of backlogs in citizenship applications and background checks, he has also noted that moving from a paper-based bureaucracy to a computer age is the "ultimate solution." Indeed, computerizing applications would make the task faster and much more efficient, decreasing misplacement of documents and increasing effective communication.

The USCIS seems to be gearing up for a change in administration and immigration policies. They have secured a "transformation" contract to modernize to an electronic system and get in touch with the 21st century.

"And we want to make sure that's in good shape, so when the new administration comes in, we're up and running and that contract is on the right track."

For now, to deal with the backlog, FBI and the USCIS has spent another $35 million to hire new workers and contractors. Scharfen estimates that by June 2009, the average time for an FBI background check would be 30 days, down from the 2 years it takes right now.

The big question is whether USCIS can deal with the legalization of 12.5 million undocumented immigrants. This is what Scharfen said:

The Debate Over Instate-Tuition - Challenges and Affirmation Part 1

2008-06-26T18:36:41Z

While the DREAM Act does not grant instate-tuition rights to undocumented students, oppoonents of the legislation have effectively spread myths purporting that "illegal aliens can get instate-tuition anywhere" with passage of the legislation. This is baseless and untrue--in state tuition and residency determinations is a state prerogative. Eleven states currently provide in-state tuition to children without legal status in the United States (Texas, California, Utah, Washington, New York, Oklahoma, Illinois, Kansas, Minnesota, New Mexico, and Nebraska.) Thus far, legal challenges and lawsuits filed against these states have been dismissed by courts.

For a legal background of the in-state tuition debate, we first look to Vlandis v. Kline et Al (1973), in which two students who had recently established residency in Connecticut brought suit against the state under § 1983, alleging that the provisions of 1971 Conn. Pub. Acts § 126(a), which created an irrebuttable presumption of nonresidency for purposes of determining tuition between residents and non-residents in the state's universities, violated the Due Process Clause of the Fourteenth Amendment. The U.S. Supreme Court affirmed the suit—“the state was forbidden by the Due Process Clause to deny an individual the resident rates on the basis of a permanent and irrebuttable presumption of nonresidence when that presumption was not necessarily or universally true in fact.” The court concluded that due process required that students should have the opportunity to present evidence of their bona fide residency within the state for in-state tuition purposes.

Update: Camila Hornung and Family Deported

2008-07-20T14:28:19Z

Despite supporters of Camila Hornung and her family holding vigils and sending out letters of support to Florida Governors and Senators to stop their deportation, according to this article, the family boarded a plane back to Peru this afternoon.

A family member who had spoken to Camila's mother said the following:

"She was crying, she just let me know that she was leaving without advice. She's not suppose to speak with us, she had only one minute to speak with us by phone," said the member.

We will update you on this blog if there are any changes to this story.

South Florida Teen Facing Deportation

2008-06-13T22:46:51Z

Amidst the good news that Arthur Mkoyan's deportation was delayed by a private bill introduced by Senator Feinstein, another teen is facing the same dilemma.

Camila Hornung is nineteen years old and is attending Florida State University. She was brought to the United States from Peru as a young child.

A friend of Camila said the following:

"She has people here who love her so much, who would love to see her have an opportunity to have a future and an education here."

The rest of the article and a short video can be found here.

Deportation Delayed for Arthur Mkoyan

2008-09-06T17:08:18Z

It really wouldn't come down to this last minute gamble, if Congress had demonstrated some leadership and enacted the DREAM Act.

Arthur Mkoyan and his family are no longer being deported thanks to Senator Feinstein who filed a private bill on their behalf. Yet, their immigration hurdles are far from over.

Rubin Navarette Jr. does not seem thrilled with all the hue and cry over Arthur Mkoyan's deportation. This is part of what he wrote in the SF Chronicle:

I wonder why more of them - including Tancredo - aren't making a fuss over Arthur Mkoyan. The fact is, Apodaca didn't get nearly the amount of public sympathy that Mkoyan has received up to now. Why the double standard? I believe it's because, while Mkoyan may not have a leg to stand on legally, he at least has the benefit of not being Mexican. Much of the immigration debate is fueled by a fear of a changing culture, competing languages, an altered landscape, and what loopy Minuteman Project founder Jim Gilchrist calls the "colonization" of the United States by Mexican immigrants. Arthur Mkoyan isn't considered a party to any of that. For some people, that makes all the difference. And, in some respects, that's the saddest thing about this story.

No, the saddest thing about this story is reporters trying to play racial exclusionary politics with it. Whether or not Arthur Mkoyan received more sympathy based on his non-Mexican national heritage can be debated later at some conference or symposium. Now is not the time.

ICE's Newest Trick: Deporting Valedictorians

2008-06-14T17:27:08Z

From Corinne Ramey of the Drum Major Institute:

I've written about U.S. Immigration and Customs Enforcement (ICE) officials' schoolyard antics before, but the recent news that ICE is planning to deport a California high school valedictorian just affirms my view that these immigration authorities need to get out of the schools. From the San Francisco Chronicle:

The valedictorian at Fresno's Bullard High School won't be attending college in the United States this fall because he's scheduled to be deported.

Seventeen-year-old Arthur Mkoyan's 4.0 grade-point average qualified him to enter one of the state's top universities. But he and his mother have been ordered back to Armenia after their last appeal for asylum failed. The family fled from what used to be part of the Soviet Union and has been seeking asylum since 1992.

But, rest assured, ICE shows its nice side once in a while (and if it's not clear, I'm being sarcastic here). As a sort of consolation prize, ICE decided to let Arthur stick around for graduation. According to the article, "A spokeswoman for Immigration and Customs Enforcement says they were given an extension until June 20 so Mkoyan could attend his graduation ceremony."

DREAMERS Keep Marching On

2008-06-04T18:55:01Z

The DREAM Act may have stalled in the Senate, but that hasn't stopped students from continuing to fight for workable immigration reform. Hundreds of demonstrators, many of them high school and college students, recently marched in support for the DREAM Act in Las Vegas. It is heartening to see that undocumented students and their supporters have not lost hope, and that they are willing to continue doing whatever it takes to keep the DREAM Act in the spotlight.

I've often felt when hearing Senators, Congressmen, and even members of the media speak of the DREAM Act that they forget this isn't just an idea or issue to discuss, but that it deals with the livelihood of real people. I hope through all the politics the Senators and Congressmen do not forget that the future of thousands of students in the United States is in their hands.

Whether it is a sixteen-year-old who realized they can't apply for a driver's license, an eighteen-year-old who can't afford college tuition, or a twenty-two-year-old college graduate who cannot legally work - all these undocumented students' lives have been put on hold. The DREAM Act is about letting us reach our full potential and a chance to give back to this great country.

California Valedictorian Facing Deportation

2008-06-23T16:12:11Z

What are Arthur's options?

If he evades the law and stays, he would not qualify under the DREAM Act as he has a final deportation order. However, he can benefit from AB-540 and attend UC Davis paying only instate-tuition.

At this point in time, Arthur has not triggered any ban from entering the United States since he is under 18. He can choose to deport to Armenia and apply for a student visa. But the chances of an approval would be slim since he would have to demonstrate strong ties to Armenia and no evidence of staying here indefinately. Definitely not a pretty picture.

At this point, a private bill is the best option for Arthur Mkoyan and family.

Watch the video

Another Student to be Deported

2008-06-04T18:16:31Z

Arthur Mkoyan's tale is similar to all the stories of undocumented students that have been featured on this blog. Arthur has lived in the United States since the age of two, he'll be graduating high school as valedictorian in a few weeks, and he plans to attend the University of California at Davis to become a dentist or pharmacist.

Unfortunately, Arthur's dreams and plans in the country he has grown up in are being deferred. If deported, he will be returning to Armenia, a country he has no memory of.

Arthur has contacted Senator Feinstein for help. It is possible that the Senator could introduce a private bill on his behalf, which would halt the deportation proceedings.

Senator Feinstein in a prepared statement said the following:

"Arthur Mkoyan represents another reason why Congress needs to pass the Dream Act. It is in our nation's interest to provide talented students the incentive to take this path toward being responsible and law-abiding members of our society."

Republican Senator Orrin Hatch Speaks in Support of DREAM

2008-06-13T18:42:57Z

One of the co-sponsors of the bipartisan federal DREAM Act, Orrin Hatch recently stated that while the DREAM Act has little chance of passing right now he still believes in the bill and finds it unreasonable to punish undocumented students for crimes they did not commit.

Source

Video: Undocumented Students at UC Davis

2008-06-30T12:49:37Z

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South Carolina: First to Bar Undocumented Students

2008-05-31T01:25:13Z

Stuck in the deep recesses of the South and in a horserace to appear tough on immigration, the South Carolina Senate has approved a get-tough on immigration measure that among other things, would bar undocumented students from higher education in the state.

S 392 which may be signed as early as next week reads:

SECTION 17. Chapter 101, Title 59 of the 1976 Code is amended by adding: "Section 59-101-430. (A) A person who is not lawfully present in the United States is not eligible to attend a public institution of higher learning in this State, as defined in Section 59-103-5. The trustees of a public institution of higher learning in this State shall develop and institute a process by which lawful presence in the United States is verified. (B) A person not lawfully present in the United States is not eligible on the basis of residence for a public higher education benefit including, but not limited to, scholarships, financial aid, grants, or resident tuition."

Goof-up - Arkansas Governor on Instate-Tuition for Undocumented Students

2008-06-13T17:28:05Z

The Associated Press and several other news outlets picking up the AP are quoting the Arkansas Governor Beebee for stating that a "legal opinion he signed while he served as the state's attorney general in 2005 clearly showed giving illegal immigrants in-state tuition likely would violate the Equal Protection Clause of the 14th Amendment."

I was immediately curious as to how someone could possibly conceive that instate-tuition for undocumented students would violate the 14th Amendment. It made little sense--if anything, the opposite was closer to the truth. And I was correct. This is what the Governor actually wrote in his 2005 legal opinion:

"First, it is my opinion that the amendment adequately resolves the issue of possible violation of the Equal Protection Clause of the United States Constitution. Both undocumented aliens and U.S. citizens who meet the requirements of attending high school in Arkansas can obtain resident tuition rates and eligibility for scholarships through HB 1525 on the same basis, following the amendment. Because there is no unequal or disparate treatment based on alienage and both groups or classes are treated equally, there is no denial of equal protection. Accordingly, it is my opinion that the amended bill would withstand scrutiny under the Fourteenth Amendment to the U.S. Constitution."

Clearly, either the Governor is being quoted wrongly by media outlets or he has conveniently forgotton his legal opinion in the frenzy to scapegoat immigrant students.

The federal statute in question during instate-tuition debates is 8 U.S.C. § 1623, which 10 states have already circurmvented. Legal opinion on whether instate-tuition for undocumented students violates that federal statute is unresolved and varied at best. Till now, both the University of Arkansas at Fayetteville and the University of Central Arkansas in Conway had offered undocumented students in-state tuition rates. That is about to change.

The Stuff That Dreams Are Made of

2008-06-13T18:49:33Z

"..basically the legal system made us illegal..." - Sonia, senior at Loyola Academy.

Students at Loyola Academy have put together this three-part documentary in support of the DREAM Act legislation.

I was drawn to Sonia's story because it resembled mine in so many ways. She immigrated with her mother to the United States with a proper visa but as they waited for their paperwork under their aunt that has taken more than a decade to process, their legal status ran out rendering Sonia--who has practically grown up here--an 'illegal' American.

Most immigrants have little idea about the lengthy visa process before they came here--my parents certainly did not. They weren't playing with a full deck of cards as they are today--completely assimilated after a decade of living here and knowledgable about the American immigration system. And it is a bit hypocritical to claim that 'they should have known' before coming here when most American citizens probably cannot pass their own citizenship test, let alone know much about immigraton to the United States.

Watch the video

ICE Raids - Impact on American Children and Families

2008-06-17T03:32:49Z

The Education and Labor Subcommittee on Workforce Protections held hearings this past week concerning “ICE Workplace Raids: Their Impact on U.S. Children, Families, and Communities.” Witnesses explored how immigration enforcement could be improved in order to protect children, most of whom are American citizens.

Subcommittee Chairwoman Lynn Woolsey opened the hearing with a long list of ICE raids in immigrant communities, highlighting that 12 children arrested at the raids in Postville were children between the ages of 15-17, working at the plant in violation of child labor laws and that as of last Thursday, they were still in detention. (Why is the employer--Agriprocessors--still in business?)

We have 4.7 million children in households where at least one parent is undocumented. 3.1 million of these children are American citizens while many of the rest are our fellow DREAMers.

Deporting our Picasso (Update on Meynardo Garcia)

2008-06-04T15:26:50Z

A video update is here featuring Meynardo Garcia.

What does America gain from deporting a young, talented artist like Meynardo Garcia?

Are we 'safer' as a country by deporting him? No, he is not a criminal by any stretch of that word.

Are we enforcing the rule of law? No, Meynardo Garcia hasn't broken any laws--He is not responsible for illegally entering the United States with his mother at the young age of 10 and his illegal presence is a mere civil infraction.

Are we saving precious taxpayer resources? No, in fact by deporting Meynardo we are losing eight years of our valuable K-12 investment in him, exporting our very own Picasso/Van Gogh to another country after cultivating that talent. What sense does that make?

Click here to request that our next President takes action on the DREAM Act, which would grant conditional residency to undocumented students like Meynardo Garcia so that they can pursue higher education in the United States and so we can continue to keep talented and passionate students like him that do America proud and enable us to compete in the global political economy.

DREAMers in Colorado - In Pursuit of Higher Ed Dreams

2008-05-31T02:10:43Z

"I don't know how I am going to do it, but I am going to do it. I am going to make my dreams come true."

In 2004, John Hickenlooper made a promise to students from Cole Middle School in Colorado that if they graduated from high school, he would help find resources to help them pay for college.

At the time, Cole was one of the poorest performing schools in the city and about one-third of the students were undocumented. Yet they listened to the mayor, enthused by his promise, and decided to pursue their dreams and beat the odds against them. The time has come for the mayor to fulfill his promise and his office has run into trouble: the undocumented student graduates would be required to pay out of state tuition in the state they have resided-in for most of their lives, and are therefore unable to afford higher education. This is due to a 2006 law by the Colorado legislature that stipulates instate-tuition for only those that can prove citizenship.

Karen Hernandez's parents came to the United States nine years ago. She says she didn't have a choice in the matter. She says she shouldn't be penalized for it now. The high school senior has an A average and she plans to go to Metropolitan State College of Denver and study pre-med. She thought everything was taken care of. Now, she says, "I don't know how I am going to come up with the money."

Students Form FIRE to Beat ICE

2008-05-26T17:41:17Z

ICE has been busy in the Bay Area this month raiding Mexican restuarants, picking up undocumented workers and harassing students outside their schools in Berkeley and Oakland. But their onslaught has not gone unanswered as community activists, students and even politicians have condemned ICE action.

From gathering in the hundreds to protest outside ICE offices in San Francisco to sending out 'ICE-alerts' on the NLG Immigrant Committee list-serve to getting pro-bono attorneys for arrestees, the Bay Area Immigration Coalition has taken on the task to challenge the ICE.

Congresswoman Barbara Lee released a press statement, in which she stated

"To conduct such an operation near or around a public school campus is a violation of the sanctity of the education process, and is intentionally meant to intimidate those who live in the community. I do not support these intimidation policies and I am planning a district outreach event in the future to hear directly from my constituents about their experiences with agency officials."

Incensed with the raids and unwanted presence of the ICE, students at Berkeley High school formed a new organization called Fighting for Immigrant Rights and Equality (FIRE) to first and foremost form a protective human chain around the school and later hold a protest day with teach-ins to send a strong message that the ICE was unwelcome in sanctuary cities.

North Carolina Plays Ping-Pong with Undocumented Students

2008-06-08T15:30:26Z

Playing ping-pong with the future of our students in North Carolina continues as now the Community College system has clarified that undocumented students in the system already can remain. The policy has supposedly changed 4 times, but the NC Community College system has still barred future enrollment of any undocumented students. The NC university system continues to be open for undocumented students although it is quite unaffordable for most students who would have to pay out-of-state tuition.

Just to clarify something the community leader said in this video as an answer to "So, why don't undocumented students apply for citizenship?" The answer is simply not that it is a lengthy and expensive process but also because most undocumented students are simply ineligible for citizenship--there is NO LINE to get into if your parents brought you here illegally. The DREAM Act grants students that line.

Watch the video