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  • 11
    Apr
    2013
    4:43am, EDT

    By the numbers: How America tallies its 11.1 million undocumented immigrants

    Mario Tama/Getty Images

    Undocumented immigrant Oscar Rodriguez, right, originally from Mexico, watches with Yenny Quispe, center, who is from Peru and recently received her Green Card, during a watch party for President Barack Obama's speech on immigration on Jan. 29, 2013 in New York City.

    By Carrie Dann, Political Reporter, NBC News

    The debate over how to deal with the approximately 11 million individuals living in the United States without authorization - including the argument over whether to call them “illegal” or “undocumented” - is perhaps the most politically tricky aspect of the sprawling immigration policy overhaul effort.

    So who are the 11 million? And how do we know how many there are?

    It’s difficult to count people who by definition are unlikely to disclose their actual immigration status to the government, so demographers use what’s called the “residual method” to determine about how many undocumented individuals are in the country.

    Starting with Census Bureau data, the Pew Hispanic Center examines the total number of foreign-born individuals in the United States and subtracts those whose records or characteristics indicate they are here legally as naturalized citizens, Green Card holders, residents on temporary visas, or refugees.

    Immigration Nation

    An in–depth look at immigration in America

    “For those who say they are not a U.S. citizen and that they are foreign-born, we can, by looking at other characteristics -- like how long they have lived in the country and what job they hold -- determine whether the person is in the country legally or not,” says Mark Lopez, the associate director at the Pew Hispanic Center.  


    The “residual” means those who are left over.

    Census data tends to under-represent certain groups, so Pew and others also try to fill in the gaps by adjusting for Census under-counts. Demographers also factor in departure data like the number of deportations and apprehensions at the border.

    Based on those demographic calculations, Pew estimated in 2011 that there are 11.1 million undocumented immigrants currently in the United States.

    That number is statistically unchanged from estimates in 2010 and 2009, but has dropped significantly since 2007, when it spiked at 12 million.

    Also in 2011, the Department of Homeland Security’s Office of Immigration Statistics placed the number at 11.5 million, slightly higher than the Pew study. 

    Another study by former U.S. Immigration and Naturalization Service demographer Robert Warren and University of Minnesota professor John Robert Warren pegged the total at around 11.7 million in January 2010. But all three data sets found a significant reduction in the population over the past decade.

    Sen. Bob Menendez, D-N.J., a member of the Gang of Eight immigration reform group, joins The Daily Rundown to talk about immigration reform talks, the budget battle taking place on The Hill, North Korea and touches on the investigation regarding Dr. Salomon Melgen.

    The Warren study concluded that, between 1990 and 2009, an estimated 7.5 million unauthorized immigrants left that population, either because they gained legal status, were removed by DHS, left voluntarily, or died.

    Analysts attribute much of the decline since 2007 to the recession, particularly the burst of the U.S. housing bubble.  

    “The Great Recession had a big impact, particularly on unauthorized immigrant workers, many of whom were in construction,” Lopez notes. “So, many of them may have returned home.”

    Advocates for undocumented immigrants emphasize that, while the stereotype of the “illegal Mexican construction worker” has some basis in reality, that’s hardly the whole picture of the population.

    According to DHS, while younger undocumented immigrants are more likely to be male, women make up 47 percent of the total undocumented population and a majority of those older than 45.

    And, while about 1.6 million undocumented immigrants have arrived in the United States since 2005, a majority of them -- 56 percent -- first came to the country before 2000.

    (While it is difficult to calculate how many of those undocumented immigrants entered the country via illegal border crossing versus how many came on a visa that expired, Pew estimated in 2006 that about 45 percent of new undocumented immigrants were in the latter category.)

    Larry Downing / Reuters

    Latinos protest in favor of comprehensive immigration reform on the West side of Capitol Hill in Washington, April 10, 2013.

    Pew hasn’t done a deep data dive on the 2011 data, but its in-depth analysis of 2010 numbers showed that Mexicans made up 58 percent of the undocumented population. Individuals from other Latin American nations account for another 23 percent, and Asians for 11 percent.

    Those numbers are similar to the findings from DHS, which found that individuals born in Mexico, Guatemala and El Salvador made up a combined 70 percent of the undocumented population in 2011.

    While each data set uses slightly different methodology and yields slightly different estimates, analysts say the most important data point for public policy isn’t the overall number of undocumented immigrants, but the trends that show a decrease in the population overall.

    "There may be some fluctuation in the numbers but what’s most important are the trends,” says Jeanne Batalova, a demographer at the Migration Policy Institute. “The number definitely is not growing as fast as it used to be.”

    582 comments

    The total number is probably over 20 million. But who is counting right. They're all gonna get a free pass soon.

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    Explore related topics: immigration, politics, capitol-hill, featured, undocumented, daily-rundown, immigration-nation, appfeatured
  • 10
    Apr
    2013
    6:32pm, EDT

    Through the obstacle course of immigration, many paths to citizenship

    John Moore / Getty Images file

    A woman takes the oath of allegiance during a naturalization ceremony in Newark, N.J., in January.

    By Erin McClam, Staff Writer, NBC News

    This is the first story in NBC News’ series “Immigration Nation,” an in-depth examination of immigration in America.

    The talk about reforming the American immigration system has focused on getting 11 million undocumented workers on the path to citizenship. It’s a simple idea that obscures a thorny truth.

    Immigration Nation

    An in–depth look at immigration in America

    There is no single path to citizenship. There are hundreds.

    Which path you take can depend on who your relatives are, whether you are safe in your homeland or how good you are at your job — in the case of one Canadian burlesque dancer, whether you can prove that you twirl your tassels in a truly unique way.

    Which path you take can depend on where you come from and how you’re trying to get here, on the whims of the federal government and on the laws of supply and demand.


    You can set out on a path through your family or your job, as most immigrants do — hitching your hopes to a citizen brother or sister, or to an employer willing to be a sponsor.


    Follow @NBCNewsUS

    You can take up arms for what you hope will one day be your country. Or you can win the lottery: Up to 55,000 spots each year go to people who line up for hours in far-flung places like Bangladesh or Kazakhstan to enter a drawing and try their luck at a new life.

    So what happens once you choose your path? There are at least 4.4 million people whose first-step visa petitions have been approved and are waiting for a green card that would grant them permanent residency, the vast majority trying to enter with help from relatives in the United States, according to the State Department.

    But that hardly means the path to citizenship is clear. Any number of obstacles can block the way. You can fall in love with an American citizen and move to a different path. You can be kicked off the path. Or the path can shift on you.

    Slideshow: Your newest fellow Americans

    John Moore / Getty Images

    Nearly 700,000 immigrants take the step to U.S. citizenship each year. Meet some of those who have just become part of that select group: Americans.

    Launch slideshow

    That is what happened to Sergio Garcia of Mexico, who has been waiting 19 years.

    His father, a retired California farm worker, sponsored him for an immigration visa in 1994. At that point, the father had a green card, and the son had crossed the border without documentation, in the back of a truck.

    For Garcia, Nov. 18, 1994, is what is known in the system as a priority date. To would-be immigrants, it means everything. When enough of the backlog has been cleared and your date comes up, you can take the final steps toward a green card.

    More than a decade ago, enough of the backlog had been cleared for Mexicans in his immigration category that the priority date was Nov. 12, 1994 — just six days from his date.

    Then the line jumped back three years, as it can when immigration officials work through a glut of cases. Since then, on the 15th of each month, Garcia has logged on to a State Department website to read the latest visa bulletin, to see whether he is any closer.

    Garcia said that if he had known at the beginning that it would take two decades to get his green card, not the three to five years he was told, then he would have returned to Mexico.

    NBCLatino.com

    Click the graphic for a larger version (new window).

    “It’s probably been a month or two since I last ended up crying, because sometimes this life does get to you,” he said. “It’s not living, it’s surviving.”

    The United States admits up to 675,000 immigrants legally each year, including up to 480,000 who are related to American citizens but are not spouses, minor children or parents, according to the Department of Homeland Security.

    That figure includes 47,250 slots for each of the countries with the highest demand, including Mexico, the Philippines and India. Demand from these places far outstrips the supply of immigration slots.

    From Mexico alone, the theoretical line is 1.3 million people long. If you are emigrating from the Philippines through a brother or sister who is a U.S. citizen, and you are getting your green card today, you got “in line” about the time the Berlin Wall came down.

    And the green card is only the first step, entitling you to a five-year wait for full citizenship. In the interim, you can be rejected for a variety of reasons, including bounced checks, clerical errors on your application or adultery.

    NBCLatino.com

    Click the graphic for a larger version (new window).

    “The system is just way too complicated,” said Margaret Stock, an immigration lawyer from Alaska who has testified before Congress on the issue. “It’s so complicated and difficult that people can’t absorb it. They think: There’s no way I can navigate that.”

    You can pay to get on a path: 10,000 visas — and ultimately green cards — are reserved for foreign nationals who invest at least $500,000 in an American business, though the program has never reached that number in the two decades it has existed.

    Some paths are shorter than others. Qualified immigrants who have temporary visas can join the military and become naturalized citizens as soon as the end of basic training. President George W. Bush expedited the military path after the Sept. 11 attacks.

    And about one in 10 people legally admitted to this country every year is granted entry because of asylum or refugee status, and a one-year path to a green card, after proving a legitimate fear of persecution at home.

    That happened to Parvaneh Vahidmanesh, who was in the United States on a visa when Iran was engulfed by violent protests after the disputed 2009 presidential election.

    In an open letter in The Wall Street Journal addressed to Iran’s supreme leader, Vahidmanesh demanded to know why a bullet was the answer to peaceful cries of opposition. The United States deemed it too dangerous for her to return home.

    NBCLatino.com

    Click the graphic for a larger version (new window).

    Vahidmanesh applied for asylum after the Journal letter was published, was granted asylum in September 2009, got a green card a year later and is waiting to become a citizen.

    She said that she feels accepted in the United States, never like a foreigner or even a guest.

    “Now, I have a future,” she said. “Most important thing is freedom. I just feel freedom with all of my self here in the U.S. In Iran, I never felt that I am a free person.”

    The immigration reform plan being devised in Washington, chiefly by four senators from each party, is expected to provide a means for the estimated 11 million who entered the United States illegally eventually to become citizens.

    Precisely how is far from clear, as is whether the plan would include an unspecified “trigger” requiring that the U.S.-Mexican border is declared secure before any citizenship program for the undocumented can begin.

    It is also expected to include some kind of guest-worker program allowing low-skilled workers to remain in the United States.

    Supporters of tighter immigration controls have concerns about both elements, but most acknowledge that the country needs far more clarity on who should and should not be eligible to become an American citizen.

    Mario Anzuoni / Reuters file

    Candidates wave U.S. flags during a naturalization ceremony to become citizens in Los Angeles in February.

    Some advocates of a more permissive immigration system say that the central problem is that the United States does not issue nearly enough visas.

    Even if the United States stopped approving new requests for family-based immigration visas today, it would take 19 years to clear the backlog of people waiting to join a relative in the United States, according to the Migration Policy Institute, a nonpartisan research center.

    “We haven’t changed our legal immigration numbers since 1990,” said Mary Giovagnoli, director of the Immigration Policy Center, part of a Washington group that supports immigration. “Think about the cellphone that they were carrying in ‘The Wedding Singer.’ Now think about your iPhone today.”

    As Garcia waits for his priority date, his shot at citizenship, he figures there is no turning back. As strange is it may sound, he said, he believes that his father was right to encourage him to embark on the path to citizenship.

    “I still think this country is a great country, and I think it will give me, in the end, a better future than I could have had in Mexico,” he said. “I still truly believe in the American dream.”

    Petra Cahill, Tracy Connor and Miranda Leitsinger of NBC News contributed to this report.

    712 comments

    Just say "NO" to amnesty.

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  • 4
    Apr
    2013
    6:50pm, EDT

    Florida court: Undocumented immigrant can't be admitted to bar

    Denny Henry for NBCNews.com

    Jose Manuel Godinez-Samperio poses for a portrait on Capitol Hill, April 19th, 2011. Godinez-Samperio is an undocumented immigrant who is pushing for immigration law reform.

    By Miranda Leitsinger, Staff Writer, NBC News

    An undocumented immigrant who applied for a law license in Florida cannot be admitted to the bar, the State Supreme Court said Thursday in a case being watched closely by both sides of the immigration debate.

    But the decision, according to legal observers, did not appear to be an actual rejection of the request made by Jose Godinez-Samperio, 26.

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    Rather, the court indicated it would be deciding on the larger question it had been asked -- whether or not to allow people unlawfully in the country to become lawyers -- and not on a specific individual case. 

    “In this cause, the Florida Board of Bar Examiners has petitioned this Court for an advisory opinion regarding a clearly stated question. The separate issue of the individual movant's admission is not before the Court,” the court said in a short order.

    The Florida Board of Bar Examiners asked the court in late 2011 to decide if undocumented immigrants can be admitted to the state bar after receiving the application of Godinez-Samperio, an undocumented youth who came from Mexico on a tourist visa with his parents as a child.

    The board, which filed the request for an opinion last year, said last year that Godinez-Samperio met their requirements though the court has yet to issue an opinion in the case.

    After receiving a work permit on Christmas Eve last year under the new deferred action program for undocumented youth, Godinez-Samperio had his lawyer submit a “motion of admission” to the bar in January.

    That motion was rejected on Thursday, with the court indicating that the larger question on undocumented immigrants – not the specific case of Godinez-Samperio – was what they had been asked to review even though Godinez-Samperio's lawyer had been making filings in the case.

    Bob Blythe, general counsel of the Florida Board of Bar Examiners, said he didn’t “think that it’s accurate to say that the court has denied him (Godinez-Samperio) admission.”

    "They’re just saying this case isn’t about his admission but rather the more general question,” Blythe told NBC News. “The answer from the court in this case is going to be whether undocumented immigrants can be admitted and then once we get that then the court will take the appropriate action with regard to his application. … In many respects it really doesn’t change anything at this point.”

    Godinez-Samperio said the meaning of the order wasn’t entirely clear to him, but that he too felt the court was saying it would first address the larger question.

    “We had moved to the court (in January) to just go ahead and admit me already and it’s a very strange ruling … One thing we are sure about is that I haven’t been denied to become a lawyer yet,” he said, noting that he didn’t view it as a setback.

    “If anything … I am glad somebody’s looking at the file and I hope -- although I can’t predict what the court will do -- I hope that this means they’ll make a ruling soon,” he added.

    Blythe said the court didn’t have a deadline or time frame for when it would issue a ruling.

    Godinez-Samperio came to the U.S. at age nine with his parents from Pachuca, Mexico. They entered the country on tourist visas, which they overstayed. During that time, Godinez-Samperio graduated from high school, college and law school.

    A case similar to his in California has reached that state’s supreme court, too. There, the State Bar of California has gone further than its Florida counterpart in saying that Sergio Garcia, a 36-year-old who was born in Mexico and first came to the U.S. as a child, should get a license, noting he had met the rules of admission and that his lack of legal status in the U.S. should not automatically disqualify him.

    Related:

    • California bar: Undocumented immigrant should get law license
    • Obama administration won't seek deportation of young undocumented immigrants
    • Can an undocumented immigrant become a lawyer?

    168 comments

    Good.

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    Explore related topics: florida, california, immigrant, lawyer, bar, undocumented, godinez-samperio
  • 5
    Oct
    2012
    1:11pm, EDT

    LAPD chief: We'll stop holding some undocumented immigrants for feds

    By Miranda Leitsinger, Staff Writer, NBC News

    Days after California’s governor vetoed a bill that would have let local authorities ignore federal requests to hold undocumented immigrants for possible deportation, the Los Angeles police chief has decided he won’t comply with the requests in low-level cases.

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    Police Chief Charlie Beck said Thursday that he had to craft a program that would serve his community.

    "It strikes me as somebody who runs a police department that is 45 percent Hispanic and polices a city that is at least that, that we need to build trust in these communities and we need to build cooperation or we won't be prepared," the Los Angeles Times quoted Beck as saying.


    Out of 105,000 annual arrests, the Los Angeles police get about 3,400 requests, known as detainers or holds, from Immigration and Customs Enforcement, The Los Angeles Daily News reported.  The holds are part of the Secure Communities program, in which the FBI shares fingerprints of those arrested with federal immigration authorities, who determine if the persons are legally in the U.S. or if they can be deported due to a criminal conviction.

    Calif. governor vetoes bill that allowed towns to release undocumented immigrants

    Immigration advocates say the holds cast a wide dragnet that has ensnared even those who had committed minor crimes or no offenses at all. But ICE has said the program was instrumental in helping enforce immigration laws and in getting violent offenders off the streets.

    Nick Ut / AP file

    Los Angeles Police Chief Charlie Beck: "Community trust is extremely important. It's my intent that we gain that trust back."

    “The LAPD is proposing to no longer grant an ICE detainer request without first reviewing the seriousness of the offense for which the person is being held as well as their prior arrest history and gang involvement,” according to an LAPD statement.

    The department was developing a list of criminal offenses, such as public nuisance and low-grade misdemeanors, that in its view don’t meet the program's intended purpose.

    Under the LAPD’s new proposal, those arrested for low-grade misdemeanors won’t be held for ICE unless the person had a prior felony arrest or was a documented gang member. The person also won't be held without additional information from ICE. The police will still honor detention requests on felony and high-grade misdemeanor arrests.

    About 400 ICE requests annually could be ignored under the new policy, Beck said, adding that City Attorney Carmen Trutanich had informed him that police could legally refuse to honor ICE detainer requests, according to local media reports.

    US immigration chief: Same-sex ties are family ties

    Beck said he believes in some cases, the detentions have unnecessarily split up families, Reuters reported.

    "Community trust is extremely important," he said. "It's my intent that we gain that trust back."

    'No papers, no fear': Undocumented immigrants declare themselves on bus tour

    Late Sunday, Gov. Jerry Brown vetoed the Trust Act, controversial legislation similar to what Beck has opted to do. Beck said his new rules, which he hopes to implement by Jan. 1, were in the works before the governor’s veto, the Daily News reported.


    Follow @NBCNewsUS

    In his veto message, Brown said he could not sign the bill because under it, “local officers would be prohibited from complying with an immigration detainer unless the person arrested was charged with, or has been previously convicted of, a serious or violent felony.

    “Unfortunately, the list of offenses codified in the bill is fatally flawed because it omits many serious crimes,” he said, adding that he would work with lawmakers to improve the legislation.

    Several counties and cities have enacted ordinances that limit police cooperation with federal immigration authorities, The New York Times has reported.

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    ICE says it prioritizes the deportation of those who present the most significant threats to public safety, and that it has deported more than 147,400 convicted criminal undocumented immigrants, including more than 54,200 individuals convicted of violent offenses such as murder, rape and the sexual abuse of children, under the program.

    “Over the past three and half years, ICE has been dedicated to implementing smart, effective reforms to the immigration system that allow it to focus its resources on criminals, recent border crossers and repeat immigration law violators,” ICE Deputy Press Secretary Gillian Christensen said Friday in a statement to NBC News. “The federal government alone sets these priorities and places detainers on individuals arrested on criminal charges to ensure that dangerous criminal aliens and other priority individuals are not released from prisons and jails into our communities.”

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    233 comments

    And then we wonder why America is in such a sh*thole...

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    Explore related topics: sheriff, police, california, migrants, federal, los-angeles, ice, featured, undocumented, jerry-brown, immigration-and-customs-enforcement, trust-act
  • 1
    Oct
    2012
    11:22am, EDT

    California Governor Brown vetoes bill that allowed towns to release undocumented immigrants

    Damian Dovarganes / AP file

    High school student Claudia Rueda, 17, center, is arrested by Los Angeles Police officers for failing to disperse, as protesters blocked the intersection of the Los Angeles Sheriff's Department Twin Tower Correctional Facility in Los Angeles Thursday, Sept. 6, 2012. Students demanded the passage of Assembly Bill 1081, also known as the Trust Act.

    By Miranda Leitsinger, Staff Writer, NBC News

    California’s governor has vetoed a bill that would have allowed police and sheriffs to free undocumented immigrants from custody once they became eligible for release even if federal immigration authorities had asked to hold them for possible deportation proceedings.

    Immigration advocates say the federal requests, known as detainers or holds, cast a wide dragnet that has ensnared even those who had committed minor crimes or no offenses at all. But Immigration and Customs Enforcement had said the program was instrumental in helping enforce immigration laws and in getting violent offenders off the streets.


    Follow @mimileitsinger

    In his veto message late Sunday, Gov. Edmund G. Brown Jr. said he could not sign the bill because under it, “local officers would be prohibited from complying with an immigration detainer unless the person arrested was charged with, or has been previously convicted of, a serious or violent felony.

    “Unfortunately, the list of offenses codified in the bill is fatally flawed because it omits many serious crimes,” he said. “For example, the bill would bar local cooperation  even when the person arrested has been convicted of certain crimes involving child abuse, drug trafficking, selling weapons, using children to sell drugs, or gangs. I believe it's unwise to interfere with a sheriffs discretion  to comply with a detainer issued for people with these kinds of troubling criminal records.”

    Brown noted he would work with lawmakers to improve the legislation and said undocumented immigrants “play a major role in California's economy, with many performing low-wage jobs that others don't want.

    “Comprehensive immigration reform -- including a path to citizenship -- would provide tremendous economic benefits and is long overdue,” he wrote. “Until we have immigration reform, federal agents shouldn’t try to coerce local law enforcement officers into detaining people who’ve been picked up for minor offenses and pose no reasonable threat to their community.”

    Immigration activists denounced Brown’s veto, comparing it to Arizona’s controversial immigration law that includes a provision forcing those stopped by police to show their immigration papers. 

    "By vetoing the Trust Act Governor Brown has failed California's immigrant communities, imperiling civil rights and leaving us all less safe. The President's disastrous Secure Communities program is replicating Arizona's model of immigration enforcement nationally, causing a human rights crisis. Immigration and Customs Enforcement strong-armed the Governor to defend its deportation quota instead of defending Californian's rights,” Pablo Alvarado, executive director of the National Day Laborer Organizing Network, said in a statement. “On this sad day, we renew our commitment to fight to keep our families together despite the Governor and the President's insistence on seeing them torn apart."


    Follow @NBCNewsUS

    Alvarado was referring to ICE’s “Secure Communities” program, under which the FBI shares fingerprints of those arrested with federal immigration authorities who check to see if the person is not legally in the U.S. or if they can be deported due to a criminal conviction.

    ICE says it prioritizes the deportation of those who present the most significant threats to public safety, and that it has deported more than 147,400 convicted criminal undocumented immigrants, including more than 54,200 individuals convicted of violent offenses such as murder, rape and the sexual abuse of children, under the program. 

    In a statement last week, ICE Deputy Press Secretary Gillian Christensen said the agency didn’t comment on pending state legislation.

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    “The identification and removal of criminal offenders is ICE’s highest priority and over the past three and half years, ICE has been dedicated to implementing smart, effective reforms to the immigration system that allow it to focus its resources on priority individuals,” she wrote in a statement, noting that the Department of Homeland Security would continue to exercise prosecutorial discretion for certain people who came to the U.S. as children and other individuals who were “low priorities.”

    “The federal government alone sets these priorities and places detainers on individuals arrested on criminal charges to ensure that dangerous criminal aliens and other priority individuals are not released from prisons and jails into our communities,” she added.

    Several counties and cities have enacted ordinances that limit police cooperation with federal immigration authorities, The New York Times has reported.

    Assemblymember Tom Ammiano, a San Francisco Democrat who sponsored the legislation, said late Monday that the California State Sheriff's Association, which had opposed the bill, called his office on Monday to negotiate on the issue, which he took as a "good sign."

    "Governors come and go, you know, but this issue is more than a political issue, it is a movement," he said.

    Some immigration rights' activists took Brown to task for also vetoing a bill requiring the creation of state regulations governing the working conditions of domestic workers but instead signing off on legislation that would allow some undocumented youth to get a driver's license.

    It is intended for those who qualify for the federal government's deferred action policy, which provides a two-year work permit and a reprieve from deportation for those who were brought to the U.S. as children. There are some 300,000 youth in California who are currently eligible for the policy, according to the Immigration Policy Center.

    “Brown waited until the 11th hour of his legislative cycle to … veto the most important and impactful bills that would have (brought) tremendous relief for the immigrant community in California and instead decided to sign a very symbolic and hollow bill,” Carlos Amador, of immigrant rights' group Dream Team Los Angeles, told NBC News by phone.

    But Assemblymember Gilbert Cedillo, a Democrat from Los Angeles who introduced the driver’s license bill, said he’d received many messages from those who were elated by the passage of the law.

    “We don’t want this to be a decision made by a director of DMV or made by a judge. But we want this to be a matter of right, of duty and obligation,” he told NBC News. “We made it certain …we’re not going to leave this to chance.”

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    497 comments

    Toss their illegal asses back across the border. You think if we went into Mexico illegally they wouldn't throw us in jail?

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  • 24
    Aug
    2012
    8:48am, EDT

    Undocumented mom risks life in US to join immigration fight

    Bob Miller for NBC News

    Maria Cruz Ramirez, one of several undocumented immigrants traveling across the country on the "undocubus," protests during a briefing on the civil rights effects of state immigrations law held by the U.S. Commission on Civil Rights in Birmingham, Ala., on August 17, 2012.

    By Miranda Leitsinger, Staff Writer, NBC News


    Birmingham, Ala. --
    Maria Cruz Ramirez thrust up a small banner reading “undocumented,” interrupting a hearing on strict state immigration laws to share the impact that the legislation has had on her life.

    “I am here to lift up the voice of my community, of my children, all those families who have been separated. I am here and I want to present this so you can see it,” Ramirez, 46, cried out in Spanish as she held up the sign at the meeting in Birmingham. “I am a mother, a responsible mother … I am not a criminal and I am here to defend my rights.”


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    A mother of three and former owner of a hair salon in Mexico, Ramirez, who lives in Arizona, never thought she would end up here, as an immigration activist, possibly jeopardizing her life in the U.S. But after 11 years in this country, she decided to throw herself into the public spotlight as Arizona’s crackdown on undocumented immigrants threatened her family.

    “I’m fighting for them and for everyone else, for my community, for the mothers who don’t want to or can’t or don’t know how to support their children,” she said. “I want to represent all of those mothers and all of those young people.”

    As a minibus shuttled her and other undocumented immigrants on a nighttime ride last week through the South, a touring protest called the “undocubus,” Ramirez recalled her family’s journey to the U.S.

    They came here like many others, seeking better opportunities. She wanted her children to go to good schools and learn two languages. Her husband, Eugenio Sanchez, said it would be a step up from their life back home. They entered the country on tourist visas, which they overstayed, Ramirez said.

    But as her two oldest children, Hugo, now 24, and Alina, 19, graduated from high school in Phoenix and tried to move on to college and jobs, their legal status was put in sharp relief. Neither can get steady work and they have had to curtail their studies since a 2006 Arizona law made them ineligible for in-state tuition, meaning higher education is prohibitively expensive.

    Ramirez can’t get a stable job, either, since she is undocumented, leaving it up to her husband, who fixes cars, to be the sole provider. But due to the passage of another state law, the controversial SB1070 -- under which authorities must determine immigration status during a lawful stop -- the family has heightened fears, with Eugenio Sanchez opting to hide out one night when authorities suddenly showed up in the area where he works.

    “That's the first thing that happened to me with the new laws,” Ramirez said of the scare for her husband, though he returned home the next day without incident. “Day by day, I’ve been scared for my children because they drive. So, I say, ‘What is going to happen if tomorrow one of them gets stopped and I’m not going to see them? Or maybe, they’ll detain me while I'm on the street, what’s going to happen to them?’ It's gotten me to think, ‘What am I doing here? Should I go? Should I stay?’ It’s something that you can’t prevent, what may happen.”

    The family has had hard discussions about the situation they find themselves in. Tears were shed over the frustration.

    Courtesy of Alina Sanchez

    The Sanchez family at Alina's graduation from high school in May 2011. From left to right: Rocio, father Eugenio, Alina, mother Maria Cruz Ramirez, Hugo.

    “We would find ... a wall between us, between everything we wanted and between what we could have ... in Mexico,” Alina said, noting that her mom asked many times if they wanted to return to their home country.

    Ramirez said her son, Hugo, at one point questioned why they even came.

    “He told me, ‘See, why did you bring us here? It’s your fault for bringing us here because we came here without a permit,’” she said, at times wiping away tears. “And I told him, ‘The truth is, it’s true. As a mother, it’s my fault because I was thinking for you and deciding for you, and I think instead of doing good, I did bad for you.’ Because, maybe over there, we would be poor but they would have more.”

    Hugo, who is proud of his mom's activism, didn’t recall this specific conversation, but Alina said: "Maybe we did blame her and it's understandable but it's ... not her fault.

    "I see where she is coming from and I know she was doing something better for us because she wants us to be better people,” she added.

    'No documents, no fear': Undocumented immigrants declare themselves
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    Ramirez began volunteering 18 months ago with a group of youth like her own children, who could be eligible for the Dream Act -- immigration reform legislation that has stalled in Congress. But the trigger to stepping up her activism, and putting herself in the spotlight, happened after she saw Hugo and her 17-year-old daughter, Rocio, get arrested while protesting earlier this year on a Phoenix street against Arizona’s immigration restrictions.

    “They stood up for themselves and fought for their own rights and dignity,” she said.


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    When she heard about the bus full of undocumented immigrants heading across the U.S. as a form of visible protest, she said, “My heart jumped and I said, ‘This is my chance.’”

    “From the first moment, I thought that it was going to be an impossible dream, even being on the bus, I started asking myself, ‘What I am going to do? What am I doing?’ But now that I feel more part of the group and I participated in different things, I've liked it,” she said.

    So far, the bus has wound through Arizona, Colorado, New Mexico, Texas, Louisiana, Mississippi, Tennessee and Alabama on its way to North Carolina for the Democratic National Convention, which begins Sept. 4.

    “I armed myself with bravery,” Ramirez said. “I’m not scared anymore because I’m not doing anything wrong. I’m defending my rights as a person, as a human being, and I think if they take away my liberty for a couple of days, I give them up happily.”

    Ramirez got legal advice before she left on the trip. She was told that if arrested, she would be low priority for deportation since she hadn’t, for example, committed a crime. But she also learned she didn’t have anything that would help her case, either, such as a relative who is a U.S. citizen, and that ultimately a decision on deportation would be a matter of prosecutorial discretion.

    Bob Miller / for NBC News

    Maria Huerta, Maria Cruz Ramirez and Gerardo Torres, who are all undocumented, enter a civil rights hearing on the impact of state immigration laws held in Birmingham, Ala., on Aug. 17, 2012.

    Her children, however, may stand to benefit from a new federal initiative known as the “deferred action” program, under which certain young immigrants in the country without documents can get a two-year work permit and a reprieve from deportation. But it won’t help the parents of those who qualify, which is hard, Alina said.

    “It’s sad to think about ... them not having papers,” she said, also noting how proud she was of her mom. “She’s doing it for us so I am so grateful … . Even though we miss her a lot, we know she is doing something good."

    On the road, Ramirez has heard from opposing voices. One of those at the Birmingham hearing, Carol Swain, a professor of politics and law at Vanderbilt University, said the group had not chosen the right venues for their protest.

    “Take your protest to Congress and sit outside their doors,” Swain, a self-described conservative, said later by phone. She added that she thought “the average citizen doesn’t understand how someone can be in the country, you know, undocumented or illegal and then they’re making demands and flaunting the fact that they don’t have papers. But when I listen to the people (the undocubus group), I see their sincerity, that they really do believe that they’re entitled ... to be legal and to have all the benefits of American citizens."

    "I think we’re sort of speaking past each other," she added, "and I think they’re taking their protest to the wrong party.”

    Such a critique is not likely to dissuade Ramirez, who said the bus protest has given her strength and taught her a lot.

    “I ask myself every day, ‘What a turn my life made, a total turn,’” she said. “I think it was my time to live. It was my time to give to someone else.”

    NBC News' Natalia Jimenez contributed to this this report.

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    1030 comments

    11 years in the US and she hasn't bothered to learn English?

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    Explore related topics: immigration, laws, immigrant, mexican, undocumented, undocubus
  • 17
    Aug
    2012
    8:36am, EDT

    'No papers, no fear': Undocumented immigrants declare themselves on bus tour

    Bob Miller / for NBC News

    Maria Cruz Ramirez, 46, awaits her turn to speak at a press conference near the Nashville Public Library on Aug. 16, 2012. Ramirez came to the U.S. in 2001 with her three children on visas, which they overstayed. They are all undocumented.

    By Miranda Leitsinger, Staff Writer, NBC News

    NASHVILLE, Tenn. -- They are in the United States without documentation, and they are tired of hiding.

    Follow @mimileitsinger

    Over the past few weeks, a group of more than 30 housekeepers, day laborers, students and immigration activists has been making its way across the country in a ragtag caravan, chanting “no papers, no fear” and proudly declaring “I’m undocumented” in public gatherings.

    The riders do not have the legal documents to be in the U.S., a point they want everyone they meet to know. They are on the bus tour, dubbed the “undocubus,” to highlight their plight and to challenge their anti-immigrant foes in the ongoing national debate on immigration. 

    “We want to live in equality like everyone else, and that's why we have taken this risk. We have confronted fear of potentially being arrested, but we believe that it is worth fighting,” said El Salvadorean Jose Mangandi, a day laborer living in Los Angeles who is raising his 3-year-old son on his own after his wife was deported. “We have customs, we have cultures. We want to share this with this country, and those who criticize us and who hate us, we invite you to get to know us.” 

    Mangandi was one of the group’s members who spoke at a press conference Thursday in a Nashville park across from the public library, where they had just finished hearing a talk on Civil Rights movement protests, such as the local lunch counter sit-ins that led to desegregation. 

    Their tour, which began in Arizona, has made stops in Colorado, New Mexico, Texas, Louisiana, Mississippi and Tennessee. Along the way, the riders have met Civil Rights-era activists, some of them have been arrested during protests, and they’ve held talks with immigrant groups to exchange ideas on how to prevent deportation.

    “I think it’s important to create dialogue and when I say, ‘I’m undocumented,’ I’m also welcoming others to say their stories, too, and (to) not be afraid,” said Isela Mares, a 29-year-old Mexican living in Phoenix, who noted she was just becoming comfortable using the term “undocumented.” “I feel that it’s our responsibility … to let the people know what we are going through so that they also, you know, find that connection.”

    Bob Miller/for NBC News

    Jose Mangandi, 50, is an undocumented day laborer from El Salvador living in Los Angeles. He is raising his 3-year-old son on his own after his wife was deported. He spoke in Nashville, Tenn., on Aug. 16, 2012, about his plight.

    Though their flagship bus painted with the words, “No papers, no fear,” on it in Spanish and English broke down in New Orleans, they’ve carried on with vans and a minibus. They hope the bus will soon re-join the trip.

    Organizers came up with the concept of a bus tour in the spring. It was born out of the notions that “undocumented people can speak for themselves” and “undocumented people should be able to choose their own risks,” said Tania Unzueta Carrasco, 28, an organizer with the Immigrant Youth Justice League helping to handle press relations on the trip.

    “I think that’s … a big change for a lot of us. I think for a long time immigrant rights organizations had been very protective of undocumented immigrants, just the whole idea of … ‘I will get arrested for you, I will take the risk for you,’” she said. “For a lot of us who are undocumented, it’s like, ‘I don’t want you to do anything for me … I want to be able to … choose for myself what I’m doing.’” 

    The group has their opponents, though they haven’t been turning out in large numbers. One woman showed up at a Nashville event wearing an anti-immigration t-shirt, but she kept her distance, participants say. 

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    “They’re illegal immigrants advertising the fact and ICE (Immigration and Customs Enforcement) needs to pull them over and detain them,” said Mark Krikorian, executive director of the Center of Immigration Studies, a think tank that supports tighter immigration controls. “I mean, it’s as simple as that. … you can’t arrest every illegal immigrant but it seems to me advertising your illegality ought to be reason enough for you to be detained and removed from the country as a priority and the fact that they’re not is outrageous.”

    The riders met with lawyers before they left to learn what the potential consequences of an arrest could be. For some, it could mean deportation. Eleazar Castellanos, who already was forced to leave the U.S. once before, shortly after he came here 16 years ago, thinks he would be forced out again.


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    On the group's journey to Nashville from Memphis late Wednesday, Castellanos said he had been trying to find work as day laborer since losing his job putting in countertops years back. At times, he hasn’t even had enough money to get gas to look for work or to put food on the table, he said as he wiped away tears. 

    Castellanos hid these struggles from his wife and 22-year-old daughter until four days before the trip, which was also the first time he told them he was going to be on the “undocubus.” They were shocked to learn of his decision, but eventually decided it was the right thing to do, despite the risks.

    "I don’t care, because anyway, every time I’m exposing myself (while) looking for work, and anytime the police can stop me or the immigration and they can deport me,” he said. “So in case that happens to me I want it to be for something good … I’m not afraid anymore. If I know my rights probably I have the chance to fight back and let the people know to come out of the shadows and not be afraid.”

    Bob Miller/for NBC News

    Sisters Ireri and Tania Unzueta Carrasco sit outside of the Workers Dignity headquarters in Nashville, Tenn., on Aug. 16, 2012, during a stop on the "undocubus" tour.

    When asked about the "undocubus" and whether the riders could be deported, Barbara Gonzalez, press secretary for U.S. Immigration and Customs Enforcement, sent the following statement via email: 

    “ICE is focused on smart, effective immigration enforcement that prioritizes the removal of criminal aliens, recent border crossers and egregious immigration law violators, such as those who have been previously removed from the United States.”

    Nine of the riders are applying for the government's new "deferred action" policy, under which certain young immigrants in the country without documents can get a two-year work permit and a reprieve from deportation. While some are grateful for the initiative, seen as a bid by the president to provide some relief since the Dream Act -- immigration reform legislation -- stalled in Congress, others said it didn't go far enough.

    Their ride ends in Charlotte, N.C., at the Democratic National Convention, where they intend to convey this message.

    “I think it’s important for people within the undocumented community to find some kind of technique that can have some success in increasing the pressure on the political process and on Obama and on the Democrats,” said Gary Gerstle, a professor of American history and an expert in social movements at Vanderbilt University in Nashville. “I think in order for more to happen there has to be more of an immigrant rights movement and there has to be more of a human rights movement in the U.S., and in thinking about how that might happen, I think the ‘undocubus’ is innovative and has a chance of making a difference and it fits within a broader history of non-violent peaceful protest.”

    Though there are more experienced activists in the group, a number of them are for the first time putting themselves out on the front line.

    One of them is Maria Cruz Ramirez, who brought her three children to the U.S. for better economic and education opportunities in 2001. Life has been difficult since the tighter immigration law in Arizona was passed, she said, with her husband narrowly evading an immigration raid in Phoenix.

    After she saw her youngest daughter and her son get arrested protesting earlier this year, she decided she needed to act. 

    “They stood up for themselves and fought for their own rights and dignity,” she said, at times wiping away tears. “I’m fighting for them and everyone else ... for the mothers who don’t want to or can’t or don’t know how to support their children. I want to represent all of those mothers and those young people.”

    Many spoke of their journey on the bus as creating a family. They share hugs and laughs, dance while some in the group play congas, and play sports together. They clap and cheer after the declarations of their legal status. 

    “Sometimes, I feel a little nostalgic when I’m alone. But when I’m with the group, I laugh and my whole attitude changes ... because the group gives support and love,” Mangandi said after the press conference. “We know the bus is our house and what we share there is the family we have made.”

    Protests erupt in Arizona after Governor Jan Brewer signs an executive order denying key benefits of President Obama's new federal immigration policy. KPNX's Oralia Ortega reports.

    Correction: An earlier version of this story incorrectly identified the gender of Maria Cruz Ramirez's children who were arrested at a protest. It was her youngest daughter and her son, not two daughters.

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    3611 comments

    Breaking the law and proud of it. That's where society has gone because people refuse to enforce rules and do their jobs. Next people (probable these same people) will be robbing stores because they are poor and doing "what they have to do" to survive, when hundreds do it per day and overwhelm the s …

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    Explore related topics: obama, undocumented, undocubus
  • 14
    Aug
    2012
    12:59pm, EDT

    Chasing a 'dream': Immigrant youth seek legal status

    John Makely / NBC News

    Yelky Perez, who said she illegally entered the country from the Dominican Republic at 13 to reunite with her family, will join hundreds of thousands of other young adults on Wednesday as the Obama administration launches an initiative that will prevent deportation temporarily for those who qualify.

    By Miranda Leitsinger, Staff Writer, NBC News

    NEW YORK -- When Yelky Perez heard that immigration authorities had released the application that could let her stay in the U.S. legally a day earlier than expected on Tuesday, she went straight to their website and hit refresh until it showed up. 

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    Perez, who entered the U.S. illegally from the Dominican Republic at 13 to reunite with her family, is hoping to join the hundreds of thousands of other young adults expected to apply for the Obama administration's “deferred action” program, which will give two-year work permits to some young illegal immigrants.

    She said one of the forms looks straightforward, with no tricky questions, though she does plan to consult a lawyer. Applications, which also include an employment authorization form and a worksheet, won’t be accepted before Wednesday.

    “I just wanted to learn how to read … 1,500 words per minute so that I could know everything that was on the application all at once,” said Perez, 20. “This is great because what it means is that I can actually prepare for it tonight … so that I can send it as soon as possible.”

    Some 937,000 people brought here as children might immediately qualify for the program, which was outlined in a government memorandum in mid-June. Another 426,000 age 15 and under could, too, if the program remains in place, according to a recent analysis by the Immigration Policy Center and a consulting firm. The states with the highest number of likely recipients are California, Texas, Florida, New York and Illinois.

    Arizona Gov. Jan Brewer responds to President Obama's immigration policy announcement in mid-June.

    The initiative appears to be a bid on President Obama’s part to provide temporary relief to those eligible for the Dream Act, legislation aimed at those brought to the U.S. as children that has stalled in Congress. The program has been cautiously welcomed by advocates as a first step toward immigration reform, but criticized by others as an amnesty that could become permanent.

    “This is the kind of thing Congress is supposed to decide and yet what the White House has done is unilaterally implement its own amnesty program,” said Mark Krikorian, executive director of the Center for Immigration Studies, a Washington think tank. “The idea that this is just a temporary halt in deportation and what not is complete baloney. These people are all going to get employment authorization documents, work cards and social security numbers, and supposedly it’s for only two years.

    "… we have other temporary immigration programs and what we’ve learned from that is there is nothing as permanent as a temporary immigrant. Anybody who actually gets this program is here for good, period,” he added.

    Immigrants must meet certain criteria to qualify, including: arrival in the U.S. under the age of 16; no older than 30 today and no younger than 15; currently enrolled in school, graduated high school or served in the military; have been in the country for five continuous years; and have a clean criminal record.

    Courtesy of Yelky Perez.

    Yelky Perez, 20, in Albany for an immigration reform rally in 2012.

    At the New York Immigration Coalition, advocates have been deluged with calls from those who could potentially qualify.

    “We do see this policy as a substantial step forward towards immigration reform,” said Jacqueline Esposito, the coalition’s director of immigration advocacy. “We recognize that this particular relief is limited in nature, but we believe it’s going to build momentum to more lasting reform.”

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    Perez, a college graduate who works an under-the-table job (she has a taxpayer identification number and pays taxes, as does the rest of her family), hopes to resume her studies to become a surgeon. She dropped her pre-med program in college because she decided it would be too hard to practice medicine in the U.S. due to her status.

    “I actually was ready to kind of just plan my life with my $300 pay a week,” she said. But the promise of deferred action has her mulling a year-long course to prepare for medical school. “Maybe I can … become a surgeon, like I wanted to do originally.”

    There are risks with coming forward, however, Esposito said.

    President Obama announces in mid-June that the Department of Homeland Security will no longer seek the deportation of many young illegal immigrants.

    “We do advise people that deferred action is temporary … the program could be ended at any time,” she said. “It’s not a legislative solution. It’s simply an administrative reform.”

    Perez speaks confidently about what she has accomplished since she coming here in 2005: She quickly learned English in New York after her arrival and graduated as valedictorian of her high school class at 16; she completed college with the highest GPA in her major of public affairs (her studies were paid for by a benefactor). She also interned at the immigration coalition.

    But there have also been lows, too. Though Perez said she knew she was coming illegally, she had no idea the challenges she would face: an inability to pick up mail in one’s name at the post office, how hard it can be to get paid a decent wage, and the difficulty of obtaining a government-issued identification.


    Follow @NBCNewsUS

    She also can’t go to the Dominican Republic to see her extended family, and the fear of deportation looms constantly.

    “It's been quite an experience. I did sometimes kind of feel like, ‘Oh, why me?’ and I would get depressed and cry. I used to cry a lot. Not anymore,” she said. “I kind of really have turned to see things a little more in a positive lens … I decided I needed to stop thinking about it, just look at the things I was able to do within my limitations, which were plenty.”

    Perez’s father, Julio, said he brought Yelky and her brother, now 23, to the U.S. with hopes of a better education and a better future (his oldest daughter came on a humanitarian visa; his common-law wife is also from the Dominican Republic and doesn't have legal status, Perez said).

    “I never thought it would take so long for her and that it would be such a difficult path,” said Julio, who only wanted to be identified by his first name since he is in the country illegally and fears repercussions.

    He alerted his daughter to the administration’s announcement of the program on June 15.

    “I think it was one of the happiest days of my life. I can die tomorrow and I can die satisfied” knowing that my decision to bring her here won’t prevent her from achieving her dreams, he said, speaking in Spanish. “For me, Yelky is everything. It was very exciting when I got that news, a joy overtook me.”

    Esposito, of the immigration coalition, said that since the program doesn’t confer lawful immigration status, successful applicants can’t help their parents with their own status, making the new policy “bittersweet.”

    Perez, who has married a U.S. citizen (though that won’t help her immigration status for the time being, since she entered the country illegally), said she is concerned about exposing her parents to immigration authorities in the application process.

    “It's very unclear and I am a little skeptical,” she said of the potential outing of her parents. “But I just don’t have much of a choice … this is an opportunity that I have to take advantage of now.”

    NBC News' Natalia Jimenez contributed to this report.

    Comments? Questions? You can email the reporter at miranda.leitsinger@msnbc.com.

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    1865 comments

    I think I'd rather have these kids as citizens that will appreciate living here and be good upstanding citizens than some of the delinquent brats we have running rampant throughout the country that were just lucky enough to be born here.

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    Explore related topics: immigration, illegal, immigrant, policy, action, undocumented, deferred
  • 9
    Aug
    2012
    3:43pm, EDT

    Florida bar: Illegal immigrant meets moral fitness test

    Denny Henry for msnbc.com

    Jose Manuel Godinez-Samperio at Capitol Hill on April 19. He is an undocumented immigrant, brought to the U.S. from Mexico as a child, who is seeking his law license in Florida in what appears to be a landmark case.

    By Miranda Leitsinger, Staff Writer, NBC News

    An illegal immigrant seeking admission to the Florida bar has met its requirements to become a lawyer, the bar said in a filing this week to the Florida Supreme Court in a case being watched closely by both sides of the immigration debate.

    Jose Godinez-Samperio is one of a few illegal immigrants in different states trying to get law licenses after passing the local bar’s two-pronged test: an exam and a moral character review.

    Follow @mimileitsinger

    Godinez-Samperio passed the exam portion of the test last year, and he was notified recently that nothing in his background would be considered “disqualifying” for the character portion. That notice was cited Monday in legal correspondence posted on the Florida court’s website.

    Now, it’s up to the state’s supreme court to decide whether his immigration status is enough to keep him from being admitted to the bar.

    “I think what the board has said is … there’s nothing that we’re aware of at this point that we would see as an impediment from a character and fitness standpoint,” Bob Blythe, general counsel for the Florida Board of Bar Examiners, told NBC News. “It’s not really a recommendation because we’re waiting to hear from the court.”

    Godinez-Samperio came to the U.S. as a 9 year old with his parents from Pachuca, Mexico. They entered the country on tourist visas, which they overstayed. During that time, Godinez-Samperio graduated from high school, college and law school.

    A case similar to his in California has reached that state’s supreme court, too. There, the State Bar of California has gone further than its Florida counterpart in saying that Sergio Garcia, a 35 year old who was born in Mexico and first came to the U.S. as a child, should get a license, noting he had met the rules of admission and that his lack of legal status in the U.S. should not automatically disqualify him.

    Garcia's father is a naturalized citizen, according to the bar, and he has been waiting 18 years for a visa that would give him legal permanent residency. His application for a law license is being weighed by the court because his case is unprecedented in the state, as is the one in Florida.

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    Many briefs in support of both men’s cases have been filed, but the federal government weighed in last week on the Garcia application and said it does not believe he should get a license.

    In that brief, Acting Assistant Attorney General Stuart Delery of the Justice Department's Civil Division said Congress has made certain illegal immigrants ineligible for federal and state public benefits, including any professional or commercial licenses provided by a federal/state agency or local government, or by funds appropriated to these institutions.


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    “These provisions were plainly designed to preclude undocumented aliens from receiving commercial and professional licenses issued by States and the federal government. Their sweeping language demonstrates that Congress intended to act comprehensively in prohibiting receipt of such benefits by undocumented aliens, and they should be construed in a manner that furthers that evident purpose,” according to the brief.

    The government also told the court that "enforcement of the federal provisions governing employment" by those without legal permission to be in the country was a responsibility of the federal government, and was not the "proper subject" of state court proceedings.

    Some 11.5 million “unauthorized immigrants,” as the Department of Homeland Security calls illegal immigrants, lived in the United States as of January 2011, according to the department’s Office of Immigration Statistics.

    President Barack Obama announced in June that some of the immigrants who came to the country as children would be able to get two-year work permits. That would not apply to Garcia, who is over the age limit of 30, but Godinez-Samperio’s lawyer said recently this should be taken into consideration in the 26-year-old’s application.

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    413 comments

    My problem with this is simple: he is here illegally. It sounds like he did nothing to mitigate the fact that he is here illegally. If he wants to be an attorney in the US, shouldn't he be here legally? And before anyone starts bashing me, allow me to politely remind you: he is here illegally.

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    Explore related topics: florida, california, illegal, immigrant, lawyer, garcia, bar, jose, undocumented, sergio, godinez-samperio
  • 11
    Jul
    2012
    8:23am, EDT

    Drop the 'i' word? Debating the term 'illegal immigrant'

    colorlines.com

    "Drop the i-word" is a campaign to stop using the word "illegal" in the immigration discussion.

    By Miranda Leitsinger, Staff Writer, NBC News

    Whenever I write stories about illegal immigrants, I receive complaints that I should “drop the ‘i’ word” (which is also the name of a campaign to end the use of the term “illegal” when referring to illegal immigrants).

    We like this story but drop the "I" word. fb.me/11K0PEMt5

    — Latino Rebels (@latinorebels) June 19, 2012

    In the interest of bringing this debate into the open, we solicited a few short opinion pieces from leading voices on immigration issues. We also asked the co-editor of the AP Stylebook, a key arbiter of word usage for journalists, to share his thoughts.

    And we hope you weigh in in the comment section, too. What’s your take on the phrase “illegal immigrant”?

    Word games
    By Mark Krikorian, executive director of the Center for Immigration Studies, a Washington think tank that supports tighter immigration controls:

    Courtesy of Mark Krikorian

    Mark Krikorian is the executive director of the Center for Immigration Studies, a Washington think tank that supports tighter immigration controls.

    "When the facts are against you, argue the law. When the law is against you, argue the facts. When both the law and the facts are against you, pound on the table."

    This rule of thumb for lawyers has been adopted by the pro-illegal immigration crowd. The facts are against them: 11 million illegal aliens cause a host of serious problems for job seekers, for taxpayers, for public order, for national security.

    Likewise, the law is against them. There's no question that immigration laws are legitimate and that every illegal immigrant knows perfectly well that he is breaking American law.

    What's left? Pound on the table, demanding that illegal aliens be referred to in ways that obscure their illegality, such as "undocumented worker" or simply "immigrant." "Unauthorized worker" is less deceitful, but still evades the basic fact of illegality.

    The most accurate label for non-citizens who are in the United States without permission is "illegal alien." It is used repeatedly in statutes, judicial rulings, and executive orders and captures the essence of the person's situation: an alien is defined in the U.S. Code as "any person not a citizen or national of the United States," and their presence here is illegal, i.e., in violation of the law.

    "Illegal immigrant" is less precise: "immigrant" has the specific legal meaning of a foreigner who has been granted lawful permanent residence (a green card). But in common usage "immigrant" means any foreigner living here, so "illegal immigrant" is less formal, but still accurate.

    Why terminology about the immigrant matters
    By Kevin R. Johnson, a Mexican-American who is dean of the UC Davis School of Law and Mabie Apallas professor of Public Interest Law and Chicana/o Studies:

    Courtesy of UC Davis

    Kevin R. Johnson is a Mexican-American who is the dean of the UC Davis School of Law, and Mabie Apallas professor of Public Interest Law and Chicana/o Studies.

    A little over a generation ago, the popular press, and people in polite company, referred to African Americans as Negroes. Times have changed and the media now refers to African Americans. The “science” of racial categories changed and social sensibilities did too.

    A modern terminological debate, also with civil rights implications, has perplexed many: how should the press refer to noncitizens without proper authorization under the U.S. immigration laws?

    Advocates of greater immigration enforcement and tighter immigration laws generally support the use of terms such as “illegal aliens,” “illegal immigrants,” or simply “illegals.” (There are other pejorative terms used by partisans in the immigration debate, such as “anchor babies,” but let us leave those labels aside for now). These are loaded terms that are, for the most part, nowhere to be found in the comprehensive federal immigration law, the Immigration & Nationality Act. I say loaded because these terms equate the unauthorized immigrant with a criminal when the person may not have committed a crime at all. Still, the reference to “illegal” instantly suggests that the person is undeserving of sympathy but in fact deserves punishment. Not surprisingly, advocates who favor harsh treatment for immigrants support the use of terms and rhetoric that support their restrictionist positions.

    The “illegal” terminology obscures an even more troubling characteristic. Somewhere around 60-70 percent of today’s unauthorized immigrants are from Mexico and Central America. “Illegal aliens” in many instances can serve as a kind of racial code for Latinos. People can speak of wanting to remove “illegal aliens” from the country with legitimacy while they could not argue for the removal of all Latinos.

    A responsible and independent media should want to avoid using terms supporting one side in the culture wars, especially when those terms mask racial animus. There are readily available neutral synonyms for “illegals,” such as undocumented immigrant and unauthorized immigrant, which do not carry discriminatory baggage.

    Guidance for journalists
    By David Minthorn, deputy standards editor of The Associated Press:

    Courtesy of David Minthorn

    David Minthorn is the deputy standards editor of The Associated Press.

    The Associated Press recognizes that immigration may involve complex and emotional issues. Accordingly, AP newswriting emphasizes the use of precise, balanced and neutral terms.

    To describe individuals who may be living in a country without authorization, The AP Stylebook rules out using "illegal alien" and "illegals" in AP news reports. The language may be unnecessarily harsh as generic description.

    The Stylebook also rules out using the term "undocumented" on our own in immigration contexts. This description may tend to minimize what could be a matter of civil or criminal law, such as evading border controls or residing without legal permission. "Undocumented" also suggests that the problem is a minor one of missing paperwork, when the people involved are in jeopardy of arrest, deportation or other sanctions.

    Instead, AP provides for a variety of different terms for people alleged to be violating immigration law. One option for AP reporters is "illegal immigrant," a term added to the Stylebook in 2004.

    As the Stylebook entry (below) indicates, other terms are acceptable, including "living in the country without legal permission," depending on the specific situation. AP does not insist on "illegal immigrant" as the only acceptable term.

    illegal immigrant: Used to describe someone who has entered a country illegally or who resides in a country in violation of civil or criminal law. Acceptable variations include living in the country without legal permission. Use of these terms, as with any terms implying illegalities, must be based on reliable information about a person's true status. Unless quoting someone, AP does not use the terms illegal alien, an illegal, illegals or the term undocumented.

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    Related stories from msnbc.com and NBC News:
     California bar: Illegal immigrant should get law license
    Can an illegal immigrant become a lawyer?
    Obama administration won't seek deportation of young illegal immigrants
    Skepticism, joy among illegal immigrants over Obama decision
    Obama immigration order poses dilemma for eligible illegal immigrants

     

    2161 comments

    Let's call a spade a spade, if you're in the county without authorization, you have illegally crossed the border. Yes, you are an illegal immigrant. If that hurts someone's feelings then there is a process one can go through, as my grandparents and millions of others did, that allows you legal entry …

    Show more
    Explore related topics: ap, the, word, illegal, immigrant, i, term, drop, stylebook, alien, undocumented
  • 19
    Jun
    2012
    9:50am, EDT

    California bar: Illegal immigrant should get law license

    By Miranda Leitsinger, Staff Writer, NBC News

     

    Courtesy of Sergio Garcia

    A California State Bar committee is recommending that Sergio Garcia, an illegal immigrant, receive a law license in a first-ever case for the California Supreme Court that could affect others like him who hope to follow in his footsteps.

    Updated at 445 p.m. ET -- An illegal immigrant applying for a law license in California should be allowed to receive it, the State Bar of California argues in a filing to the state Supreme Court.

    Sergio Garcia, 35, of Chico, Calif., has met the rules for admission, including passing the bar exam and the moral character review, and his lack of legal status in the United States should not automatically disqualify him, the Committee of Bar Examiners said Monday.


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    “ … Mr. Garcia’s status in the United States, should not, ipso facto, be grounds for excluding him from law licensure. He has met all of the prescribed qualifications and there is no reason to believe he cannot take the oath and faithfully uphold his duties as an attorney,” the bar said.

    Garcia's father is a naturalized citizen, according to the bar, and Garcia is waiting for a visa that would give him legal permanent residency. His application for a law license is being weighed by the court because his case is unprecedented in the state, the bar committee said.

    A similar case is being heard in Florida for a bar applicant in that state, Jose Godinez-Samperio, who came from Mexico to the United States as a child with his parents and overstayed a tourist visa. How justices rule in the cases in California and Florida could affect other illegal immigrants who hope to follow in their footsteps.

    Some 11.5 million “unauthorized immigrants,” as the Department of Homeland Security calls illegal immigrants, lived in the United States as of January 2011. Of that, 6.8 million were from Mexico, like Garcia, according to the department’s Office of Immigration Statistics. On Friday, President Barack Obama announced that some of the immigrants who came to the country as children – and met other requirements -- would be able to get two-year work permits. He also called on immigration officials to halt deportation proceedings against them.

    Obama administration won't seek deportation of young illegal immigrants
    Skepticism, joy among illegal immigrants over Obama decision
    Obama immigration order poses dilemma for eligible illegal immigrants

    Garcia, who attended law school and college in California, does not fit in that group because he is over the age limit of 30, but he is nonetheless overjoyed for those who do. He has been waiting nearly 18 years for a visa, though his petition for it was approved in 1995, the bar said.

    “That’s the state of our immigration system … our immigration system is broken,” Garcia told msnbc.com, estimating he will have to wait another five years for the visa. “It’s really painful.”

    A decision on his bar application could still be at least months away for Garcia. Others now have one month to submit their own legal filings in the case, and then the state bar would have another month to reply to those, the court said.

    “I have always been an eternal optimist so this (bar recommendation) does give me hope,” Garcia, who submitted his application to the bar in 2009, told msnbc.com. “I have faith that my dream of being an attorney will be realized sooner rather than later.”


    Follow @msnbc_us

    In the filing, the bar committee said it was not aware of any statute, regulation or authority that would preclude his admission. It noted that Garcia’s employability in the U.S. should not determine whether he gets a license, citing the cases of foreign students who can get admitted to the California bar but may not stay in the country to practice law afterward.

    “ … the grant of a law license provides no guarantee of a pathway to lawful employment in the United States for these individuals,” the bar committee said. “What Mr. Garcia, or any other foreign applicant, does with his license after licensure must comport with federal regulations and that is a matter strictly between him and the federal government.”

    Former Supreme Court Justice Carlos Moreno, who supports Garcia’s application, said that the court was the ultimate authority on attorney admissions in the state and would likely establish a rule in this case that would apply to similar ones in the future.

    But the possibility that undocumented immigrants could receive law licenses doesn’t sit well with some.

    “I think that’s ridiculous,” said Marilyn DeYoung, chairman of Californians for Population Stabilization, which advocates for secure borders and allowing fewer immigrants into the country.  “First of all, they are defying the law of America by being here illegally so, and now they want to be a lawyer and to practice American law. I think that’s really sort of stupid that our California bar would recommend that.”

    While DeYoung said she could sympathize with Garcia’s long wait for his visa and she wouldn’t be unhappy if an exception was made for him, she expressed concern that a general rule could come out of this case that would allow any illegal immigrant to get a license.

    “We would definitely oppose that,” she said. “This is, we feel, is not right.”

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    2056 comments

    Sergio Garcia, 35, of Chico, Calif., has met the rules for admission, including passing the bar exam and the moral character review, and his lack of legal status in the United States should not automatically disqualify him, the Committee of Bar Examiners said.

    Show more
    Explore related topics: state, youth, florida, california, illegal, immigrant, lawyer, bar, undocumented
  • 24
    Apr
    2012
    9:52am, EDT

    Can an illegal immigrant become a lawyer?

    Denny Henry for msnbc.com

    Jose Manuel Godinez-Samperio at Capitol Hill on April 19. He is an undocumented immigrant, brought to the U.S. from Mexico as a child, who is seeking his law license in Florida in what appears to be a landmark case.

    By Miranda Leitsinger, Staff Writer, NBC News

     

    Jose Manuel Godinez-Samperio was brought to the United States from Mexico by his parents when he was nine years old. Sixteen years later, he had graduated from his Florida high school as class valedictorian, become an Eagle Scout, completed college and law school, and passed the state bar exam.

    Follow @mimileitsinger

    But one big accomplishment eluded him: citizenship. Godinez-Samperio is in the country illegally, which could keep him from achieving another part of his American dream: becoming a lawyer.


    In what appears to be a landmark case, the Florida Supreme Court is going to consider whether Godinez-Samperio has the right to practice the law -- a decision that could impact others who hope to follow in his footsteps.

    “It makes me feel that we’re living in a … historical moment. I really think the last time something like this happened was when African Americans and women were admitted to the bar,” he told msnbc.com. “I think if we win this, it’ll be another historical civil rights mark.”

    Godinez-Samperio is pressing his case as the national debate over illegal immigration heats up. On Wednesday, the U.S. Supreme Court is set to hear oral arguments on the constitutionality of Arizona’s strict anti-illegal immigration law. And last week, Godinez-Samperio was in the nation’s capitol to lobby for the Dream Act, which would provide a path to legal status to some adults who came to America illegally as children. Supporters are making a renewed push for the legislation after it failed in the U.S. Senate in 2010. 

    Some 11.5 million “unauthorized immigrants,” as the Department of Homeland Security calls them, lived in the United States as of January 2011. Of that, 6.8 million were from Mexico, like Godinez-Samperio, according to the department’s Office of Immigration Statistics.

    Godinez-Samperio’s journey to the law began when he and his parents left their home in Pachuca, Mexico. They came on tourist visas, which they overstayed. He didn’t know English and it was a few years before he began to realize what his immigration status was and what it meant for his future.

    He couldn’t get a social security number or a driver’s license, he didn’t have access to most financial aid, he couldn’t work for compensation and has been ineligible for most internships and awards, according to an essay he submitted for his law school application.

    But he said he managed to get private scholarships to help pay for his education, and volunteered where he could -- such as helping domestic violence victims obtain immigration relief.

    “For me, it’s very important to show that I have been a contributing member of society (the) entire time I have lived in this country,” he said. “ … there’s no reason why I shouldn’t be allowed to contribute even more  … with a green card.”

    When Godinez-Samperio applied to take the bar exam last year, he sought a waiver because he didn’t have proof of his immigration status, which is required by the Florida Board of Bar Examiners who administer the test. States set their own requirements for those seeking to become a lawyer.

    His request was granted. Godinez-Samperio took the bar exam in July and found out in September that he had passed. He was ecstatic, until he learned in November that the board was going to seek an advisory opinion from the state supreme court on whether undocumented immigrants are eligible for admission to the Florida Bar.

    Denny Henry for msnbc.com

    Cesar Vargas at Capitol Hill on April 19 to launch a Dream Act-related campaign. He is an undocumented immigrant from Mexico, brought to the U.S. as a child, who is pushing for immigration law reform.

    “I had mixed feelings,” he said. “I knew that it was going to be an interesting trajectory that I was about to begin.”

    That journey has included a number of filings from the board and his attorney, Talbot “Sandy” D’Alemberte, as well as a few friend-of-the-court submissions from groups supporting his application, including three past presidents of the American Bar Association.

    “It’s the first time it’s ever been addressed in Florida, and I think it’s probably the first time it’s been before a supreme court anywhere in the country,” said Thomas Arthur Pobjecky, the board’s general counsel.

    The board determined it was “a really serious matter” and decided to seek out the court’s guidance in these types of cases, which they expect to see more of in the future.

    “If the law says you cannot employ -- or it’s against the law to employ -- somebody who is not legally in this country, then when we say … here is a license to practice law in this country, are they not also implying that you can hire this person and go ahead and pay him and everything else? So there is a concern,” Pobjecky said. “Once the Florida Supreme Court licenses somebody to be a lawyer, they’re putting their stamp of approval on that person.” 

    But D’Alemberte questioned why the board would let his client sit the exam if they did not intend to give him a license.

    “It just seems to us fundamentally unfair after he’s complied with every valid rule not to just go ahead and admit him to the bar and leave to the immigration service whether he is complying with immigration,” he said.

    The possibility that undocumented immigrants could receive law licenses doesn’t sit well with some.

    “I know what the policy ought to be, which is that … someone who doesn’t have the right to be in the United States shouldn’t be admitted to the bar, period,” said Mark Krikorian, executive director of the Center for Immigration Studies, a Washington think tank that supports tighter immigration controls.

    “This is trying to steal a base. In other words, they’re trying to skip over the debate over whether people in his situation should get legalized,” he added. “It’s one more way of trying to create a de facto legalization.”

    Cesar Vargas, an illegal immigrant from Mexico who has passed the bar exam and is in the process of applying for his law license in New York, has started a group, the Dream Bar Association, to advocate for people in his position. Membership numbers about two dozen, and includes those interested in going to law school to those who have passed the bar.

    “We’re basically throwing the judicial branch into the immigration debate … through our cases,” he said.

    In California, Sergio Garcia, 35, an illegal immigrant, has been awaiting a decision since he passed the bar exam in 2009. Because the admissions process is confidential, neither Garcia nor the bar could speak about his application, though a bar spokeswoman said the application for admission doesn't require citizenship.


    Follow @msnbc_us

    Thomas Fitton, of conservative Washington watchdog Judicial Watch, said the idea of an undocumented immigrant working as a lawyer in the U.S. was “preposterous.”

    “These are kind of, in some ways, public relations stunts, but you know, we’ll see what happens … the whole notion of it is at odds with the rule of law and undermines federal immigration law,” he said. “I think those who’ve passed the bar should focus on making themselves legal as opposed to bypassing the law.”

    But others feel that admission should be done on a case-by-case basis, taking into account whether a specific applicant has met the moral character test of the application, said Stephen N. Zack, a former ABA president who has filed a brief in support of Godinez-Samperio.

    “You can’t take one finite point and say that that is an absolute determination of a person’s character,” he said. “You have to look in a holistic way at the person’s life story and here, you have an exceptional person.”

    He also noted that bar candidates like Godinez-Samperio could offer some unique services, with the nation heading to a “majority minority” status in the decades to come.

    “We need people who can reach out and provide access to communities that … have historically not had access, and this is the kind of person that is ideal to provide that to the future generations,” he said.

    Video: Immigration officials mistakenly deported Dallas teen

    Godinez-Samperio, who would like to work in immigration law, continues to research his case and to work on promoting the Dream Act.

    “This is a huge fight for me and for a lot of people,” he said.

    Despite the challenges and the uncertainty, he doesn’t regret going public before a Florida legislative committee in April 2011 with his status, which few were aware of before.

    “I decided to come out with my story because I’m undocumented, unapologetic and unafraid,” he said. “In telling the truth, I am risking my liberty, but that’s what a lawyer is about, is about telling the truth … so I’m being as honest as I can possibly get, even to the point of risking my liberty.”

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    2464 comments

    He has broken the law plain and simple. Go home and come back legally. Just because he got educated does not offset that he is a law breaker as long as he is in this country.

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