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Immigration

Nearly 300,000 DREAMers Have Been Granted Legal Status Since Last June

By Esther Yu-Hsi Lee on May 20, 2013 at 12:12 pm

(Credit: Joe Raedle/Getty Images)

Since President Obama announced that his administration would stop the deportation proceedings of young immigrants between the ages of 16 and 31 through Deferred Action for Childhood Beneficiaries (DACA) in June 2012, nearly 300,000 applicants have been granted deferred action. Considered to be a “Dream Act lite,” DACA would grant a two-year work authorization to young immigrants, but unlike the Dream Act, DACA does not grant a pathway to citizenship.

On Friday, United States Citizenship and Immigration Services (USCIS) released the latest DACA statistics for April 2013. Overall, the Department of Homeland Security (DHS) has granted deferred action to 57 percent or 291,859 applicants of the 515,922 applications, which can be seen in the adapted chart:

(Credit: USCIS, adapted)

In the month of April alone, an additional 23,498 applicants have been approved for work authorization, up from March 2013. Applicants from Mexico still lead the top number of individuals applying for DACA, with Central American countries and South Korea trailing behind.

In recent letters sent to Congress, president of the ICE union Chris Crane stated that 99.5 percent of all DACA applications have been approved. In fact, 96 percent or 497,960 requests of applications have been accepted to move on to the “lockbox” stage in which applications are screened, processed, and decided upon. But these are separate from applicants who have been accepted and granted work authorization.

The economic benefits of legal status have been intensely studied by numerous bipartisan groups, most recently by Robert Lynch and Patrick Oakford of the Center of American Progress, which issued a report on the state-by-state breakdown of the positive economic benefits of 24 states in which 88 percent of undocumented immigrants reside.

The number of DACA applicants closely parallel the states that stand to gain the most from granting legal status to undocumented immigrants. Of the estimated 2.5 million undocumented immigrants in California, over 87,000 DACA applicants have been approved for work authorization and are presumably on their way to contributing to the $68 billion that all Californian state residents seeks to gain from legalization over a ten-year period. This deferral will allow young immigrants to boost their standard of living and also increase their tax contributions. If passed, the Senate immigration bill would allow the 2.1 million so-called DREAMers to contribute $329 billion to the economy, which includes the creation of 1.4 million jobs.

Immigration

Colorado Governor Grants In-State Tuition to Undocumented Immigrants

By Esther Yu-Hsi Lee on Apr 29, 2013 at 4:06 pm

(Credit: Colorado Association of Commerce & Industry)

On Monday, Colorado Governor John Hickenlooper will sign a law that grants undocumented students the ability to pay in-state college tuition rates. This victory comes a decade after six unsuccessful attempts to pass the state Congress. The measure passed with a 23-12 Senate vote and a 40-21 House vote, this time with three House Republicans siding with the House Democrats who voted unanimously.

In the past, undocumented students had to pay the out-of-state tuition rate, which at times is more than three times the cost of in-state tuition. In order to qualify for in-state tuition, students must have either attended high school for three years or attained a GED equivalency, graduated from a high school within Colorado, and sign an affidavit stating that they have or will apply to legalize their status.

Immediately after Governor Hickenlooper signs the law, about five hundred first-time undocumented college students that make up “0.4 percent in the estimated 141,905 in-state students receiving college opportunity fund student stipends” will be able to pay in-state tuition. Around 1,500 undocumented high school students graduate each year in Colorado.

Colorado joins thirteen other states that allow in-state tuition for undocumented students. Oregon Governor John Kitzhaber signed a similar law in early April.

Immigration

GOP Immigration Guru Insists DREAMers Should Self-Deport

By Igor Volsky on Apr 22, 2013 at 4:04 pm

On Monday, Sen. Dick Durbin (D-IL), a long-time advocate of the DREAM Act, strongly rebuked a GOP witness for opposing a pathway to citizenship for young immigrants brought into the country illegally by their parents. The witness, Kansas Secretary of State Kris Kobach, rose to prominence for advising Mitt Romney’s “self-deportation” immigration policy during the 2012 presidential campaign and is the architect of both Arizona’s infamous “show your papers” law (SB 1070) and the Republican Party’s harsh immigration platform.

Speaking at the Senate Judiciary Committee’s hearing, Kobach insisted that DREAM eligible applicants, many of whom have lived in the United States for most of their lives, should not be rewarded for the “sins of their parents.” Instead, DREAMers should go back to their parents’ country of origin, Kobach said, and “get in line with the rest of their countrymen.”

“That just defies basic compassion,” Durbin shot back, pointing to to Gabby Pacheco, an undocumented immigrant brought to America at the age of eight from Ecuador, who was testifying alongside Kobach. “She’s never known any other country,” Durbin explained, “this is her home.” Watch it:

Kobach responded by reviving self-deportation, arguing that “if you ratchet up the penalties for violating the law, people choose to leave.”

But Durbin predicted that the momentum has shifted from deportation to reform after the 2012 election. “Ultimately the voters have the last word. The voters had the last word on self-deportation on Nov. 6, so we’re beyond that now,” he said.

Under the bill introduced by the Senate’s so-called Gang of 8, individuals in DREAM Act Status can receive their green cards in 5 years and will be eligible for citizenship immediately after. The status only applies to students who entered the U.S. at age 15 or younger and have lived in the the country for at least five years.

Later in the hearing, Kobach argued that “declining to remove an unlawfully present alien is actually amnesty-plus, because — if you liken it to theft — you’re given the person what he is taken, namely presence in the United States. He’s taken it unlawfully, so you’re not only declined to punish, but you also allow him to have what he has taken.”

LGBT

How The Immigration Reform Bill Benefits LGBT Immigrants

By Crosby Burns on Apr 17, 2013 at 12:50 pm

After months of negotiations, today a bipartisan group of Senators (the “Gang of 8”) introduced the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013, a sweeping piece of legislation that if passed into law would provide for a much-needed overhaul our nation’s broken immigration system. Among its many moving parts, the immigration reform bill would strengthen border security, eliminate unconscionable immigration backlogs, and most importantly, provide the more than 11 million undocumented people living in the United States a pathway to earned citizenship.

This bill is a huge step forward for the more than quarter million LGBT undocumented immigrants living in the U.S today. As research from the Williams Institute and the Center for American Progress has shown, LGBT undocumented people are among society’s most vulnerable since they find themselves at the intersection of two already marginalized groups — the LGBT population and the undocumented population. Passing this immigration reform bill would lift these immigrants out of the shadows, treat them with the dignity that they deserve, and enable them to become full and equal participants in our society, economy, and democracy.

Here are some of the ways the immigration bill moves the ball forward on LGBT equality:

  • Legal status and a path to citizenship. The immigration reform bill provides most undocumented immigrants a provisional legal status authorizing them to live and work in the United States without fear of deportation. Once the border is effectively secure and once existing backlogs are cleared (the so-called “triggers”), these immigrants may then apply for permanent residency and eventual citizenship provided they pass a background check, have not been convicted of serious criminal activity, and pay back taxes, fees, and fines. For the estimated 267,000 people who are both LGBT and undocumented, this means better wages, greater employment security, and access to critical social services that support their physical wellness and financial livelihood.
  • An expedited path to citizenship for “DREAMers.” For the hundreds of thousands of immigrants brought to the US illegally as children, the immigration bill would provide young undocumented people an expedited path to citizenship (five years vs. thirteen years). This is important for LGBT people, especially considering the DREAM movement is largely led by and made up of LGBT undocumented people known as “undocuqueers.”
  • Repeals the one-year ban on asylum seekers. Far too many asylum seekers are denied refuge because of the arbitrary one-year deadline to apply for asylum. This deadline is particularly problematic for LGBT immigrants, who are often forced to return to their home countries and risk persecution or death because of their sexual orientation or gender identity—nearly 80 countries have laws that in some way criminalize LGBT people. The immigration reform bill introduced today repeals that ban.
  • Enhances immigrants’ civil rights. With billions of dollars being allocated to enhance border security, this bill provides additional resources and training regarding the appropriate use of force, individual rights, and sensitivity to cultural and environmental impact of federal operations on border communities. Since being both undocumented and LGBT makes individuals especially vulnerable to discrimination and harassment, these civil rights provisions are an important component of immigration reform for LGBT people.

While the bill provides a number of positive steps forward for LGBT immigrants, it still falls short in one particular area: ending discrimination against binational same-sex couples (where one person is a citizen and the other is a noncitizen). Because of the Defense of Marriage Act (DOMA), individuals cannot sponsor a same-sex partner or spouse for residency in the US, which is a right currently afforded to individuals with different-sex spouses. The Uniting American Family Act (UAFA) would level the playing field for same-sex couples by giving same-sex couples the same rights to family sponsorship currently enjoyed by different sex couples. However, UAFA was unfortunately not included in the base bill introduced today. Despite this glaring omission, UAFA will likely be considered as an amendment to the bill as senators begin hearings and mark up this spring.

Check out www.out4citizenship.org for more information on how immigration reform is a critical component of advancing LGBT equality.

Our guest blogger is Crosby Burns, policy analyst at the Center for American Progress.

Immigration

Colorado Approves In-State Tuition For Undocumented Immigrants

By Rebecca Leber on Mar 8, 2013 at 1:54 pm

The Colorado House passed a bill on Friday allowing undocumented immigrants to pay in-state tuition for state public colleges. For 10 years, the legislature has debated versions of the bill that lets students who graduate from Colorado high schools pay a lower tuition bill, regardless of their immigration status.

The bill passed 40-21 with just three Republicans joining the House Democrats, and it heads to Gov. John Hickenlooper (D) to sign.

A dozen other states allow in-state tuition for certain undocumented students, and more states are considering proposals during the renewed national immigration debate. Last November, Maryland was the first state to grant in-state tuition by popular vote, and Oregon is considering its own bill on college tuition.

According to the National Immigration Law Center, only 5 to 10 percent of undocumented youth who graduate from high school go on to college, compared to 75 percent of their classmates. But the Latino Policy Institute finds states that allow undocumented students to pay lower tuition have seen a 31 percent increase in enrollment and 14 percent decline in high school dropouts among undocumented Latino students.

LGBT

REPORT: 267,000 LGBT People Are Undocumented Immigrants

By Christopher Frost, Guest Blogger on Mar 8, 2013 at 11:40 am

Jose Antonio Vargas has very publicly come out as both gay and undocumented.

Today the Williams Institute at UCLA released estimates that, for the first time, provide an estimate of the number of adult undocumented immigrants that identify as LGBT living in the United States today. Specifically, Gary Gates of the Williams Institute estimates that there at least 267,000 LGBT undocumented immigrants living inside the U.S. Out of all 904,000 LGBT immigrants in the United States, approximately 30 percent (267,000) are undocumented, while 70 percent (637,000) are documented. Williams’ analysis further shows that LGBT undocumented immigrants are more likely to be male, more likely to be younger, less likely to be Hispanic, and more likely to be Asian compared to the general undocumented population.

It’s worth noting that Williams’ estimate provides a “floor” or lower-bound estimate of the LGBT undocumented population. Williams’ analysis only captures adult undocumented immigrants (those that are older than 18) and includes a conservative estimate that accounts for the reluctance of LGBT undocumented people to self-identify and disclose their sexual orientation and gender identity.

Building on Williams’ analysis, a new report from the Center for American Progress unpacks the demographic characteristics, disparities, and particular challenges facing LGBT immigrants. Specifically, LGBT people find themselves at the intersection of two marginalized populations — the LGBT population and the undocumented population — that make them among society’s most vulnerable. For example, looking specifically at income insecurities, the median income for undocumented immigrants is $14,000 less than the median household income for U.S. born residents. For their part, same-sex couples make $15,000 less per year than families headed by an opposite-sex couple. Statistics are even more dire for transgender workers, 15 percent of whom make less than $10,000 per year. Considering these statistics, it stands to reason that earnings disparities are even starker for someone who is both LGBT and undocumented.

CAP’s report also highlights a number of other challenges facing LGBT immigrants:

  • Family Separation for binational same-sex couples: The Defense of Marriage Act (DOMA), which denies federal benefits and protections to legally married same-sex couples, acts as a barrier to family reunification and an individual’s ability to sponsor a same-sex spouse or partner for residency.
  • Detention Conditions: LGBT undocumented immigrants face a multitude of issues when faced with mandatory detention, ranging from discrimination, harassment and physical violence to segregation and denial of medically necessary services for HIV-positive and transgender detainees.
  • Asylum Standards: Under current immigration law, immigrants seeking asylum must file within one year of entering the United States, otherwise, the threshold for gaining asylum is significantly higher. This arbitrary deadline belies the fact that many LGBT asylum seekers, who may come from countries where they have had to hide their sexual orientation or gender identity for risk of persecution, may not be prepared in that time span to come to terms with their LGBT identity.

Given the sheer number of undocumented immigrants that identify as LGBT and the complex issues they face, a path to earned citizenship is a critical component of advancing LGBT equality. The Obama Administration has already leveraged its administrative authority to give reprieve to LGBT immigrants and detainees. Now it’s Congress’ turn to act. In addition to passing immigration reform with a path to earned citizenship, there are other important policy recommendations that, if enacted, would alleviate many of the challenges facing LGBT undocumented immigrants:
Read more

Our guest blogger is Christopher Frost, intern for the LGBT Research and Communications Project at the Center for American Progress.

Immigration

North Carolina Bill Prevents State From Issuing Discriminatory Driver Licenses To DREAMers

By Rebecca Leber on Mar 5, 2013 at 9:21 am

Starting March 25, North Carolina will begin issuing drivers licenses to undocumented immigrants who qualify for deferred action, otherwise known as DREAMers. But unlike the state’s standardized licenses, these are vertical, pink, and carry the words “NO LAWFUL STATUS.” In other words, the driver’s license categorizes the carrier as a second-class resident at first glance.

Last week, Democratic state lawmakers introduced legislation that mandates a standardized state license instead of the pink design. Under the bill, driver’s licenses for deferred action beneficiaries “shall not be distinguishable in any manner from other licenses.” Bill cosponsor Paul Luebke (D) suggested the expiration date could be adjusted to reflect the terms of Obama’s deferred action program.

The distinct driver’s license has earned the nickname as a “modern scarlet letter,” but it is still backed by Republican Gov. Pat McCrory. So far, the issue has sparked protests from North Carolina residents, immigrants, and the religious community. And it’s inspired a new Tumblr where protesters hold up mockups of the license and ask, “Does this drivers license make me look “illegal?”‘

Health

Washington Wants To Deny Health Benefits To Formerly Undocumented Immigrants — But Americans Don’t

By Sy Mukherjee on Feb 28, 2013 at 5:15 pm

With Congress engaged in a contentious fight over how to overhaul the nation’s broken immigration system, lawmakers from both parties — including President Obama — see eye-to-eye on at least one aspect of the debate: previously undocumented immigrants who achieve provisional legal or deferred action status should not be eligible for government health care benefits or insurance subsidies.

But according to the Kaiser Family Foundation’s (KFF) February tracking poll, Washington is out of touch with a strong majority of Americans, who believe that such immigrants should be able to access care with the help of government resources:

The survey finds that even Republicans are relatively split on providing Medicaid benefits to low-income immigrants with provisional legal status. KFF’s report goes on to underscore the largely-ignored reality that even lawfully present immigrants — including those who were never undocumented, and particularly those with low incomes — have to jump through hoops in order to gain coverage. KFF conducted a more thorough analysis on this exact issue earlier this month in order to highlight the discrepancies between naturalized citizens’ and low-income immigrants’ access to services:

The long waiting periods that low-income immigrants must endure in order to get Medicaid coverage are particularly troubling given the fact that poorer immigrants likely cannot afford private insurance on the individual market and usually work for employers that do not provide their workers with health coverage. That perfect storm of coverage gaps perpetuates a system in which poor immigrants are forced to pursue care at underground, cash-only local clinics with little public oversight, such as Los Angeles’ ubiquitous neighborhood “bodega clinicas.”

Eliminating these barriers to health coverage by eliminating the Medicaid waiting period for low-income legal immigrants and allowing DREAMers and other immigrants who achieve provisional legal status — assuming comprehensive immigration reform passes, that is — to access Medicaid and Obamacare’s insurance subsidies would actually strengthen America’s health care system, as more people would be able to afford their care and receive cost-saving preventative services. Such reform policies are clearly supported by the factual evidence — and also, as it turns out, by the American people.

Politics

GOP House Leader Makes A Compelling Case For The DREAM Act In 160 Seconds

By Sy Mukherjee on Feb 10, 2013 at 12:05 pm

During an appearance on Meet the Press Sunday morning, House Majority Leader Eric Cantor (R-VA) reiterated his new found openness to providing a pathway to citizenship for young undocumented immigrants who were brought into this country as children.

When host David Gregory asked Cantor point blank whether or not he supported the DREAM Act — which “would offer a pathway to citizenship for undocumented young people who attend college or serve in the military” — Cantor avoided giving a direct answer. But he did make a compelling case for extending citizenship to DREAMers:

CANTOR: I have put out a proposal. I don’t know what the DREAM Act at this point is. What I say is, we’ve got a place, I think, all of us can come together, and that is for the kids.

GREGORY: Can you bring conservatives looking to supporting a pathway to citizenship for illegal immigrants who are here without having to first leave the country?

CANTOR: There is a lot of movement right now in the House and the Senate, both sides of the aisle, with folks having a lot of different ideas. I think –

GREGORY: Yes or no to that question? You could really do it. If you went all in, you could bring along the right in the House, couldn’t you?

CANTOR: I think a good place to start is with children. Here’s the difficulty in this issue, I think. And it is because we’ve got families who are here that have become part of the fabric of our country. And we want to make sure that we’re compassionate and sensitive to their plight. These kids know no other place as home. On the other hand, we are a country of laws. We have a situation of border security that we have to get straight. We have to secure our borders. There is a balance that needs to take place. But the best place to begin, I think, is with the children. Let’s go ahead and get that under our belt. Put a win on the board. And so we can promise a better life for those kids who are here due to no fault of their own.

Watch it:

A string of high-profile GOP leaders — including Sen. John McCain (R-AZ), Sen. Marco Rubio (R-FL), and former presidential candidate Newt Gingrich — have come out in favor of immigration reform after President Obama carried a whopping 70 percent of the Latino vote in his decisive re-election. But there is still a fair amount of resistance on the issue within the GOP, with some even dismissing a pathway to citizenship as “naive.”

And while some Republicans have changed their tune on immigration reform in recent months, there is still considerable daylight between the rhetoric and the reality. Cantor helped torpedo the very DREAM Act that would provide millions of undocumented children a pathway to citizenship — a measure he now supposedly supports. Former House Judiciary Chairman Lamar Smith (R-TX) went as far as to call such efforts “amnesty.”

Politics

DREAMers Target GOP, Chant ‘Undocumented And Unafraid’ At Immigration Hearing

By Rebecca Leber on Feb 5, 2013 at 2:01 pm

A group of young immigrants interrupted the first congressional hearing on immigration reform Tuesday to protest the GOP’s opposition to the DREAM Act. They chanted “undocumented and unafraid” as they were quickly escorted out of the room.

The protesters targeted Rep. Darrell Issa (R-CA), one of the 160 Republicans who voted against the DREAM Act in 2010, which would create a pathway to citizenship for undocumented youth.

Watch it:

The DREAM Act died in the Senate in 2010 after a 55-41 vote, falling short of the 60 needed. Since then, DREAMers have stayed at the forefront of the immigration fight, holding rallies and mobilizing to tell their stories as Congress takes up renewed reform that would benefit 11 million undocumented immigrants in the U.S.

Poll after poll shows Americans want immigration reform with citizenship, but today’s House Judiciary hearing was stacked with witnesses who oppose the popular policy.

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