As you may already know the Secretary of state made the decision to deny Deferred Action for Childhood arrivals the right to apply for a Driver’s License or State ID . We waited long enough and on December 19th 2012 One Michigan in conjunction with the ACLU and other DACA-eligible individuals filed a lawsuit with the U.S. district court to ensure immigrant youth authorized to work in the U.S. can drive.
We Don’t know how long or when the lawsuit will get its day in court, we want changes to happen NOW! Will you urge Secretary of State Ruth Johnson to overturn this discriminatory policy?
SAMPLE SCRIPT:
“Hi, I am calling to urge the Secretary of State to reverse the backwards policy of denying driver’s licenses to DACA holders. This goes against the federal government’s REAL ID Act and makes Michigan an unwelcome place for immigrants.”
Spread the message; now that we got deferred action, legislators need to recognize our power and do what is good for our communities, not their votes.
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One Michigan Undocumented Youth file lawsuit against Secretary of State Ruth Johnson over Driver’s Licenses
Represented by the American Civil Liberties Union
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.
This policy has been extremely detrimental to the immigrant community in Michigan, because it has discouraged many DACA eligible candidates from applying and becoming productive tax-paying residents of the State of Michigan. This has caused organizations like One Michigan to divert their attention from offering workshops for DACA applicants to organizing to reverse Ruth Johnson’s illegal policy.
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.
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Check-out the Complaint here:
http://www.aclu.org/files/assets/one_michigan_v__johnson_complaint_final.pdf (PDF)
Press coverage:
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For up to date info on Deferred Action for Childhood Arrivals visit DREAMreliefMI.ORG
What is deferred action?
Deferred action is a discretionary practice that the Department of Homeland Security (DHS) uses to defer removal action of an individual as an act of prosecutorial discretion. In addition, individuals may obtain a permit to work legally during the period their removal action is deferred. You do not need to be in deportation proceedings to qualify for deferred action. But remember, DHS has the last word. You may meet all of the requirements for the program and still be denied deferred action. Deferred action does not put you on a pathway to citizenship.
Are you eligible for deferred action?
In order to qualify, you must meet all of the requirements below:
- you must be under the age of 31 as of June 15, 2012
- you must have arrived in the US before the age of 16
- if you’re not in removal proceedings, you must be at least 15 years old to apply
- you must have lived in the US for 5 consecutive years as of June 15, 2012
- you must have been present in the US on June 15, 2012
- you must not have been convicted of a felony offense, a significant misdemeanor offense, or three or more misdemeanor offenses
- you must not pose a threat to national security or public safety
- you must currently be in school or have graduated from high school or have obtained a general education development certificate or be an honorary discharged veteran of the Coast Guard or the US Armed Forces.
NOTE: Deferred action is NOT the Dream Act and you should set up a consultation with an immigration attorney NOT a notario publico. BEWARE OF SCAMMERS.
If you are currently in deportation proceedings and you meet the criteria for deferred action, contact the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (Monday through Friday from 9 am to 5 pm) or by e-mail at EROPublicAdvocate@ice.dhs.gov.
If you are not in deportation proceedings, you will need to submit a request for review of your case to US Citizenship and Immigration Services (USCIS). Again, this process is not yet in effect so do not submit requests for review of your case at this time. If you have questions or to request more information on this new process, you can call the USCIS hotline at 1-800-375-5283, from 8 a.m. to 8 p.m. The hotline offers assistance in English and Spanish. Individuals seeking more information on the new process should visit USCIS’s website (at http://www.uscis.gov).
What can you do to prepare for the deferred action application process?
Start collecting your documents:
- passport from your country of origin
- birth certificate
- proof of date of entry to the US before your 16th birthday (documents like financial records, medical records, school records, and employment records)
- proof of continuous presence for the last five consecutive years in the US (documents like financial records, medical records, school records, and employment records)
- letters from employers, teachers, ministers, and school records and awards certificates may also come in handy
- if you do know that you do have a criminal history, getting certified copies of the convictions, and finding people who can say that you have reformed — if that is necessary, for instance, probation officer or other person.
NOTE: Deferred action is NOT the Dream Act and you should set up a consultation with an immigration attorney NOT a notario publico. BEWARE OF SCAMMERS.
For more information, check out this post on DREAMrelief.org . Feel free to sign up for updates as well.
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