Undocumented youth apply for deferment

Natalie Baez/Contributing Writer

Undocumented students eligible for deferred action were officially able to apply on Aug. 15. A few days later, the University’s College of Law was there to help.

On Saturday, Aug. 25, the University hosted a free workshop for undocumented youth who meet the requirements to apply for temporary residency through the Deferred Action for Child Arrivals policy, announced by President Barack Obama on June 15.

The workshop, held at the College of Law, was organized in conjunction with People Improving Communities through Organizing, Americans for Immigrant Justice, Students Working for Equal Rights and the Florida Immigrant Coalition.

Local attorneys working pro bono joined the effort, ensuring that the young adults applying knew the requirements for eligibility and, for those who met the requirements, helped them accurately fill out the forms necessary to be granted deferred action.

DACA grants eligible individuals two years of legal stay in the U.S. During this time, these young adults may get a driver’s license and acquire employment authorization.

George Duman, SWER volunteer, aspiring cinematographer and DREAMer, said, “I’m a student. I pay three times as much as a citizen would. It was an amazing feeling to hear about DACA on the news. Finally something for us.”

Duman explained one of his fears.

“One of my fears was always, ‘What am I going to do after I graduate college?’ I don’t want to go back to my native country— there’s no future for me there. What am I going to do there? I know this country better than my country of birth. I came here when I was seven; I’ll be 21 next month.”

DACA, however, is not a congressional legislation, meaning the policy can be changed or reversed in the future. DACA is a directive from Obama to the Department of Homeland Security, an agency within the executive branch.

The executive branch cannot enact a law that creates a path for citizenship or permanent residency because only Congress, by legislative authority, has that power.  Therefore, proponents of the DREAM Act continue to push the proposal since a grant of deferred action isn’t a step in the direction of lawful permanent residency or citizenship; it is only a temporary fix which, according to the DHS, is granted to “ensure that enforcement resources are not expended on low priority cases, such as individuals who came to the United States as children and meet other key guidelines.”

The guidelines for consideration are as follows: a person must have come to the United States before their 16th birthday, be under the age of 31 as of June 15, 2012, have resided in the U.S continuously from June 15, 2007 until the present time and be present in the U.S on June 15, 2012. They must also be enrolled in high school, have graduated high school, have obtained a GED or be an honorably discharged veteran of the U.S Coast Guard or U.S. Army. They must have not been convicted of a felony or misdemeanor offense, or “otherwise pose a threat to national security or public safety,” according to the DHS.

If upon meeting these requirements an individual is denied deferred action, the individual will not be placed in deportation proceedings unless the United States Citizenship and Immigration Services refers them to the U.S. Immigrations and Customs Enforcement.

According to USCIS policy, they cannot refer cases to U.S. Immigration and Customs Enforcement unless the individual has a criminal conviction or committed fraud in his or her application. This is where the attorneys and volunteers at the University’s workshop help DREAMers determine whether requesting deferred action is a smart, feasible option.

Cynthia Vescardo, University student and SWER volunteer explained why she joined SWER.

“It’s just the right thing to do; our immigration system is messed up.”

According to Vescardo, 1.4 to 1.7 million people qualify for DACA in the United States.

“In Miami and Broward, it’s 60,000 or more. That’s a lot of people whose lives are going to change because of that little paper. There are people being deported that shouldn’t be deported, who are low priority, with no criminal record, that want to make a valuable contribution to the economy but they can’t,” Vescardo said.

Juan Carlos Gomez, visiting clinical assistant professor of law, said, “In the absence of reason and justice, DACA is the best that could be done. Politicians who oppose the DREAM Act use all kinds of excuses. They should meet the great students who will contribute to our country and to the world. Law is meant to facilitate life, not to obstruct it. Petty politics, ignorance and fear are obstructing the passage of the DREAM Act.”

Additional workshops are being held in Florida, including one in Homestead on Saturday, Sept. 8, to help as many DREAMers as possible.There are also weekday clinics, Tuesday through Thursday from 4 p.m. to 7 p.m. at the College of Law.

The College of Law will continue hosting these clinics as long as there is a demand.