February 1, 2013

For Immediate Release
Contact- Jose Franco 313-721-5056, jose@1michigan.org

Lansing, MI- Today, Secretary of State Ruth Johnson reversed her discriminatory policy that denied Deferred Action for Childhood Arrivals (DACA) recipients their right to a driver license. This is a tremendous victory for our community and our allies.

IN her announcement, Johnson tried to misconstrue the January 18 announcement United States Citizenship and Immigration Services (USCIS) as a “reversal” in policy, but it was always her mistake. Over 30 states have confirmed that they will issue licenses to DACA holders; Johnson was one of a select few that needed a lawsuit to change her mind.

On October 18, 2012, Secretary of State spokesman Fred Woodhams said “the Secretary of State is taking direction from the federal government as to who is and is not legally in the country,” according to MLive. “Because the Deferred Action on Childhood Arrivals program doesn’t confer legal presence on its participants, we are not able to issue licenses or ID cards to DACA participants,” he continued. “As its name implies, the program merely defers action on the individual and doesn’t make the individual legally present in the United States.’”

The USCIS announcement clearly states that “An individual who has received deferred action is authorized by the Department of Homeland Security (DHS) to be present in the United States, and is therefore considered by DHS to be lawfully present during the period deferred action is in effect.” Furthermore, it asserts that “The relief an individual receives pursuant to the deferred action for childhood arrivals process is identical for immigration purposes to the relief obtained by any person who receives deferred action as an act of prosecutorial discretion.”

Secretary of State Ruth Johnson states, “The feds now say they consider these young people to be lawfully present while they participate in the DACA program, so we are required to issue
driver’s licenses and identification cards. I will continue to follow the law.”

One Michigan led a call-in campaign that generated over 1,000 calls to the Secretary of State office. Also, One Michigan was a plaintiff in a lawsuit against Johnson.

“This reversal will give immigrant youth the opportunity to contribute more fully to society by giving them a chance to work, go to school, and lead productive, fulfilling lives.” states Evelin Calderon, One Michigan member and DACA recipient.

New USCIS Statement Defines Michigan Policy as Unlawful and Discriminatory

Secretary of State Must Revise DACA Policy Immediately

MICHIGAN–The  United States Citizenship and Immigration Services (USCIS) clarified today that individuals who have received deferred action are legally present in the United States, undermining the argument used by Secretary of State Ruth Johnson to deny driver’s licenses to immigrants who have received deferred action under the Deferred Action for Childhood Arrivals program. Johnson’s stance has encouraged us to bring a lawsuit forward represented by the American Civil Liberties Union of Michigan.

Johnson has claimed that the state needed clarification from the federal government before issuing licenses to recipients of deferred action. Now that she has it, the state must revise its policy immediately. The USCIS FAQ from today clearly states that “An individual who has received deferred action is authorized by the Department of Homeland Security (DHS) to be present in the United States, and is therefore considered by DHS to be lawfully present during the period deferred action is in effect.” Furthermore, it asserts that “The relief an individual receives pursuant to the deferred action for childhood arrivals process is identical for immigration purposes to the relief obtained by any person who receives deferred action as an act of prosecutorial discretion.” Michigan cannot continue to treat DACA holders differently than other recipients of deferred action.

On October 18, 2012, spokesman Fred Woodhams said “the Secretary of State is taking direction from the federal government as to who is and is not legally in the country,” according to MLive. “Because the Deferred Action on Childhood Arrivals program doesn’t confer legal presence on its participants, we are not able to issue licenses or ID cards to DACA participants,” Woodhams said in an email. “As its name implies, the program merely defers action on the individual and doesn’t make the individual legally present in the United States.’” Today’s announcement clearly rebukes this position.

This past week, One Michigan has escalated their campaign urging the Secretary of State to acknowledge DACA holders are legally present, and this announcement reinforces all of their demands.

One Michigan and their supporters expect an immediate reversal of the policy denying driver’s licenses to DACA holders. We eagerly await a reversal on this policy, as do all young immigrants in this state ready to work, attend school, and live fulfilling, productive lives.

Hugo has been detained at Monroe County Jail in Michigan for over a year, despite being a low-priority case and having a pending Asylum case. Let him fight his case outside of detention.

Hugo fled Mexico after being tortured for being gay. Two men burned and sliced Hugo’s genitals, leaving them permanently scarred after they found out he was gay. His own father even threatened to kill him!

Hugo is a low-priority case and should be released immediately so he can be reunited with his partner. Hugo is terrified of being sent back. Help us get him out!

Make a Phone Call

1. Call ICE – John Morton (202.732.3000)

Sample Script: “I am calling to urge ICE to release Hugo Gallardo Petatan (A#200-299-394) from Monroe County Jail in Michigan. Hugo was tortured and threatened in Mexico for being gay. He has been living in the U.S. for 6 years and is terrified of going back. Hugo is a low-priority case and has an open Asylum case. He should be released immediately.”

SIGN THE PETITION

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EMILIO TOVAR GONZALEZ (A# 099-092-978): Drop hold and release him from the St. Clair County Jail.Emilio is a DREAMer and sole provider for her US citizen daughters.  President Obama has said he is not deporting DREAMers. So why Emilio is still detained?

Tell ICE to release Emilio from detention so that his two daughters do not spend Christmas without their father. Sign the petition and make a call!

Take Action:

Call ICE – John Morton @ 202-732-3000

Sample Script: “Hi, I am calling to urge ICE to release Emilio Tovar Gonzalez(A# 099-092-978), who is currently being held at St. Clair County Jail in Michigan. Emilio is a DREAMer and sole provider to her U.S. citizen daughters, who need him back home. Please don’t let his daughters spend Christmas alone. Let Emilio go home to her family now!”

SIGN THE PETITION!

DETROIT—One Michigan for Immigrant Rights will be represented by the American Civil Liberties Union (ACLU) in a lawsuit against Michigan Secretary of State Ruth Johnson challenging the ban on driver’s licenses for recipients of the Deferred Action for Childhood Arrivals (DACA) program.

As an undocumented youth-led organization, members of One Michigan were excited about the doors that DACA opened for them, including the opportunity to work, attend school, and obtain identification. This past summer, in a coordinated effort with other national partners such as the National Immigrant Youth Alliance (NIYA), we were instrumental in pushing for DACA program announced by President Obama on June 15, 2012. On October 8, Johnson announced that the state would deny driver’s licenses and personal identification cards to those authorized to live and work in the United States under DACA, reestablishing many of the barriers placed before undocumented youth in our state. In response to this policy, One Michigan in conjunction with the ACLU and other DACA-eligible individuals filed a lawsuit on December 19, 2012 with the U.S. district court to ensure immigrant youth authorized to work in the U.S. can drive.

One Michigan member Xochitl Cossyleon, 19, of Detroit, MI was devastated when she found out about Johnson’s policy, and felt like DACA was pointless without being able to drive to work and school.  For Xochitl, getting a driver’s license was the main point of applying for DACA.

It is the hope of One Michigan and their partners in this lawsuit that Ruth Johnson will recognize that allowing DACA recipients to obtain driver’s licenses and identification cards is not only the right thing to do, but her obligation under the law. We will not rest until this policy is reversed, our community is safe, and the undocumented youth of our state are able to work, go to school, and support our families.

Check-out the Complaint here:
http://www.aclu.org/files/assets/one_michigan_v__johnson_complaint_final.pdf  (PDF)

Press coverage: