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New Court Update #DACA

February 13, 2018

As you know, President Barack Obama started DACA (Thanks for the activist that made it happen) and we all got work permits. Since his presidential campaign Trump promised to end the DACA program, and he send the U.S. Attorney General Jeff Sessions to end it on live TV. All because the Attorney General in Texas created an imaginary March 5th deadline and threaten to sue Trump if he didn't cancel DACA. Since Trump didnt want to get sued by Texas and other Red States, he cancelled the DACA program and then... Several DACA recipeints and attorneys sued Trump for ending the program. There is 3 lawsuits involving #DACA. The 1st judge in San Francisco, California order the program to come back to live before AG Jeff Sessions cancelled it, this meant people who could re-apply could do it, unfortunately there is No New Applications and No AP (Advance Parole) Now Tuesday Feb 13th 2018, a new judge in Brooklyn, New York has also declared that the way Trump ended DACA was unlawful and the program should be back on and again No New Applications and No AP (Advance Parole) The Supreme Court could also decide to review the case, but they have until late April or June to figure that out, in the mean time this is great news!! Q; Where does this leave the current negotiations in Congress for a permanent solution? A; The negotiations are still on, we must put pressure in both houses and make sure it is a proposal that wont treat our parents as criminals.

More from DACA Scholars

If you live in the Red Zone

Know Your Rights

On Jan. 19, two Border Patrol agents boarded a Greyhound bus at a Fort Lauderdale station and proceeded to question passengers row by row. The bus, traveling from Orlando to Miami, had not crossed any international borders. Despite its domestic route, the agents interrogated passengers, ultimately detaining a Jamaican national who, Border Patrol claims, had overstayed her tourist visa. This story is not an isolated occurrence, and the practice is hardly new. However, a recent uptick in this type of immigration operation — from New York to Florida — has caused fear among travelers and immigrant communities. It has also raised important questions about the scope of immigration officials’ authority and the rights one has in these encounters. Are immigration officials allowed to stop people in places wholly inside the U.S.? U.S. Customs and Border Protection, the federal agency tasked with patrolling the U.S. border and areas that function like a border, claims a territorial reach much larger than you might imagine. A federal law says that, without a warrant, CBP can board vehicles and vessels and search for people without immigration documentation “within a reasonable distance from any external boundary of the United States.” These “external boundaries” include international land borders but also the entire U.S. coastline. What is a “reasonable distance”? The federal government defines a “reasonable distance” as 100 air miles from any external boundary of the U.S. So, combining this federal regulation and the federal law regarding warrantless vehicle searches, CBP claims authority to board a bus or train without a warrant anywhere within this 100-mile zone. Two-thirds of the U.S. population, or about 200 million people, reside within this expanded border region, according to the 2010 census. Most of the 10 largest cities in the U.S., such as New York City, Los Angeles, and Chicago, fall in this region. Some states, like Florida, lie entirely within this border band so their entire populations are impacted. Are there limitations to immigration officials’ power? The Fourth Amendment to the U.S. Constitution protects against arbitrary searches and seizures of people and their property, even in this expanded border area. Furthermore, as a general matter, these agents’ jurisdiction extends only to immigration violations and federal crimes. And, depending on where you are in this area and how long an agent detains you, agents must have varying levels of suspicion to hold you. We will examine specific scenarios where one might encounter CBP in more depth, but here are your key rights. These apply to every situation, outside of customs and ports of entry. You have the right to remain silent or tell the agent that you’ll only answer questions in the presence of an attorney, no matter your citizenship or immigration status. You do not have to answer questions about your immigration status. You may simply say that you do not wish to answer those questions. If you choose to remain silent, the agent will likely ask you questions for longer, but your silence alone is not enough to support probable cause or reasonable suspicion to arrest, detain, or search you or your belongings. A limited exception does exist: for people who do have permission to be in the U.S. for a specific reason and for, usually, a limited amount of time (a “nonimmigrant” on a visa, for example), the law does require you to provide information about your immigration status if asked. While you can still choose to remain silent or decline a request to produce your documents, people in this category should be aware that they could face arrest consequences. If you want to know whether you fall into this category, you should consult an attorney. Generally, an immigration officer cannot detain you without “reasonable suspicion.” Reasonable suspicion is less robust than probable cause, but it is certainly not just a hunch or gut feeling. An agent must have specific facts about you that make it reasonable to believe you are committing or committed, a violation of immigration law or federal law. If an agent detains you, you can ask for their basis for reasonable suspicion, and they should tell you. An immigration officer also cannot search you or your belongings without either “probable cause” or your consent. If an agent asks you if they can search your belongings, you have the right to say no. An immigration officer cannot arrest you without “probable cause.” That means the agent must have facts about you that make it probable that you are committing, or committed, a violation of immigration law or federal law. Your silence alone meets neither of these standards. Nor does your race or ethnicity alone suffice for either probable cause or reasonable suspicion. Other important factors to keep in mind: If an agent asks you for documents, what you need to provide differs depending on your immigration status. U.S. citizens do not have to carry proof of citizenship on their person if they are in the United States. If you have valid immigration documents and are over the age of 18, the law does require you to carry those documents on you. If you are asked by an immigration agent to produce them, it is advisable to show the documents to the agent or you risk being arrested. If you are an immigrant without documents, you can decline the officer’s request. An agent may likely ask you more questions if you decline a request. No matter what category you fall into, never provide false documents to immigration officials. People who have entered the U.S. without inspection by an immigration official may be subject to expedited removal from the U.S. Expedited removal is a summary deportation that bypasses an immigration judge. The federal government says that it will only attempt to apply expedited removal to individuals who have entered the United States without inspection in the last 14 days, have been encountered by an immigration officer within 100 miles of the border, and meet certain other criteria. If you are told that you are subject to expedited removal but do not fall within that category, you should let the agents know. Also, if you fear persecution if returned to your country of origin, you should immediately inform the agents of your fear. How Does This Work in Real Life? CBP on Buses and Trains As part of its immigration enforcement efforts, CBP boards buses and trains in the 100-mile border region either at the station or while the bus is on its journey. More than one officer usually boards the bus, and they will ask passengers questions about their immigration status, ask passengers to show them immigration documents, or both. These questions should be brief and related to verifying one’s lawful presence in the U.S. Although these situations are scary, and it may seem that CBP agents are giving you an order when they ask you questions, you are not required to answer and can simply say you do not wish to do so. As always, you have the right to remain silent. Refusing to answer CBP’s questions may result in the agent persisting with questioning. If this occurs, you should ask if you are being detained. Another way to ask this is to say, “am I free to leave?” If the agent wishes to actually detain you — in other words, you are not free to leave — the agent needs at least reasonable suspicion that you committed an immigration violation to do so. Also, if an agent begins to question you about nonimmigration matters, say to ask about drug smuggling, or if they haul you off the bus, they need at least reasonable suspicion that you committed an offense in order to briefly detain you while they investigate. You can ask an agent for their basis for detaining you, and they should tell you. The longer CBP detains you the more suspicion they need — eventually they will need probable cause once the detention goes from brief to prolonged. If the agent arrests you or searches the interior of your belongings, they need probable cause that you committed an offense. You can ask the agent to tell you their basis for probable cause, and they should be able to articulate their suspicion. CBP at Immigration Checkpoints CBP operates immigration checkpoints along the interior of the United States at both major roads — permanent checkpoints — and secondary roads — “tactical checkpoints”— as part of its enforcement strategy. Depending on the checkpoint, there may be cameras installed throughout and leading up to the checkpoint and drug-sniffing dogs stationed with the agents. At these checkpoints, every motorist is stopped and asked about their immigration status. Agents do not need any suspicion to stop you and ask you questions at a lawful checkpoint, but their questions should be brief and related to verifying immigration status. They can also visually inspect your vehicle. Some motorists will be sent to secondary inspection areas at the checkpoint for further questioning. This should be done only to ask limited and routine questions about immigration status that cannot be asked of every motorist in heavy traffic. If you find yourself at an immigration checkpoint while you are driving, never flee from it — it’s a felony. As before, when you are at a checkpoint, you can remain silent, inform the agent that you decline to answer their questions or tell the agent you will only answer questions in the presence of an attorney. Refusing to answer the agent’s question will likely result in being further detained for questioning, being referred to secondary inspection, or both. If an agent extends the stop to ask questions unrelated to immigration enforcement or extends the stop for a prolonged period to ask about immigration status, the agent needs at least reasonable suspicion that you committed an immigration offense or violated federal law for their actions to be lawful. If you are held at the checkpoint for more than brief questioning, you can ask the agent if you are free to leave. If they say no, they need reasonable suspicion to continue holding you. You can ask an agent for their basis for reasonable suspicion, and they should tell you. If an agent arrests you, detains you for a protracted period or searches your belongings or the spaces of your vehicle that are not in plain view of the officer, the agent needs probable cause that you committed an immigration offense or that you violated federal law. You can ask the agent to tell you their basis for probable cause. They should inform you. CBP Roving Patrols CBP conducts yet another interior enforcement activity: roving patrols. During these patrols, CBP drives around the interior of the U.S. pulling motorists over. For these operations, the Supreme Court requires CBP to have reasonable suspicion that the driver or passengers in the car they pulled over committed an immigration violation or a federal crime. If they do pull you over, an agent’s questions should be limited to the suspicion they had for pulling you over and the agents should not prolong the stop for questioning unrelated to the purpose of the stop. Any arrest or prolonged stop requires probable cause. You may ask the agent their basis for probable cause, and they should tell you. In this situation, both the driver and any passengers have the right to remain silent and not answer questions about their immigration status. Encounters with CBP, or any law enforcement agent, can be intimidating and scary. It is always best to stay calm and be courteous when dealing with immigration officials. If you believe your rights have been violated, you should contact an attorney.

2019 Summer Undergraduate Research Fellowship at UC Irvine

$4,000.00

The University of California, Irvine is hosting a Summer Undergraduate Research Fellowship (SURF) program, which offers undergraduate and master’s students an opportunity to work closely with faculty members at UCI, obtain research experience, network, and participate in graduate preparation workshops. This program is designed for students who plan to pursue a PhD or MFA degree. Selected scholars receive the following: “a $4,000 research stipend. (*Note: Stipend is subject to income tax); on-campus assigned housing for the summer. Program participants are required to live on campus; roundtrip travel costs to UCI will be covered within program limitations (up to $500.)” Here are the eligibility requirements: “U.S. citizens, permanent residents, AB540 eligible Sophomores, juniors, seniors or master’s students interested in pursuing a Ph.D. Students who will be enrolled full-time at a college or university during the Spring and Fall 2018 terms Students with a 3.0 cumulative grade point average or better (on a 4 point scale) Students interested in attending UC Irvine for graduate studies Students from educationally disadvantaged or underserved backgrounds are especially encouraged to apply SURF is open to students in virtually all academic fields (e.g., arts, humanities, social sciences, social ecology, biological sciences, engineering, education, computer sciences and physical sciences)” The deadline to apply is February 6, 2019 For more information and to apply, please visit their official website: Summer Undergraduate Research Fellowship program at UC Irvine

Es tiempo de enseñar a México a admirar el rostro indígena

Gracias a La Opinion

MÉXICO – A muchos mexicanos no les disgustó que la indígena mixteca Yalitza Aparicio fuera una parte importante del elenco en la película Roma del multi galardonado cineasta, Alfonso Cuarón (Oscar 2014), al final de cuentas, su actuación no dista de ser la “criada” de una familia burguesa de la capital del país; lo que les cayó mal fue que una revista como Vanity Fair, la pusiera a modelar. “A la sociedad de este país le gusta ver a los indígenas como museos andantes, los pobres, los vulnerables, pero no que tengamos poder”, advierte Eufrosina Mendoza, ex presidenta de la comisión indígena en la Cámara de Diputados y actual secretaria de Asuntos Indígenas en Oaxaca, de donde es oriunda Yalitza. “Cuando ven que uno de nosotros sobresale por su talento buscan la forma de atacarlo”. En cuanto se supo que Aparicio había modelado para la publicación con las mismas poses y ropa de marca de modelos rubias y esbeltas y, además, se aplaudía su talento y rostro, los comentarios en las redes sociales no se hicieron esperar. Mensajes punzantes, hirientes, que revelan mucho del racista que el mexicano lleva dentro: “Me da asquito”, escribió alguno. “Gucci no puede estar haciendo ropa para esa morfología” escribió otro. “Aunque la mona se vista de seda, mona se queda”. Eufrosina, quien tuvo que luchar en su propio pueblo (Santa María Quiegolani) para que se le permitiera votar y ser votada como mujer, considera que en México no se ha logrado erradicar el racismo y la discriminación principalmente por tres asuntos: los estereotipos, la educación y las malas políticas (el presupuesto ronda los 19 millones de dólares anuales supuestamente para estos fines). Cita por ejemplo: los programas de gobierno llevan el título “asuntos indígenas”, en lugar de “desarrollo indígena”. Otro tema de lenguaje es el mote de “comunidades vulnerables” cuando lo que son pueblos “con falta de oportunidades”. Pero el peor de los fracasos de la política pública está en haber dejado a los medios de comunicación sin presiones para cambiar estereotipos de belleza. “Hay cuotas de género y cuotas indígenas en el congreso porque sólo así se van abriendo las oportunidades, entonces, ¿por qué no tenemos los indígenas cuotas en la imagen que ofrecen los medios de comunicación y la publicidad? Para Mauricio Farah, especialista en Derechos ex visitador de la Comisión Nacional de los Derechos Humanos, la xenofobia de un mexicano hacia otro tipo de mexicanos es preocupante porque “dice mucho del desprecio que tiene de sí mismo” y de la “pequeñez mental” y de la falta de educación. “Necesitamos una educación que nos haga mirarnos hacia dentro y nos libere de los estereotipos que nos imponen y que la gente los toma como si esos fueran los valores de la sociedad impone estereotipos de belleza (blandos, rubios) en la que la gente se va con esos estereotipos considerando que son los valores de la sociedad y quien termina agraviada es toda la sociedad mexicana”.