DACA, DAPA, Children Refugees, and More

I finally have time to write after an extremely long and stressful semester. However hard this semester was, a lot of interesting things have happened. First, I’ve been promoted to legal assistant at Memphis Immigration Advocates, Inc, which means that on the one hand, I now have even bigger and more important responsibilites. On the other hand, my role is now bigger and even more hands on. I am excited to embark on this new chapter in life!

Lately, it seems as though immigration has been a hot topic in the news. This is great because it means that the voices and movements of grassroots organizations, students, and activists are being heard nationwide. It is easy to give credit to the governement for recent executive action and immigration announcements, but it is important to remember that they are taking these actions due to the efforts of the PEOPLE! 

For this post, I briefly want to outline 2 recent updates in immigration policy: DAPA and Children immigration.

DEFERRED ACTION FOR PARENTAL ACCOUNTABILITY:

I remember the day when DAPA was announced, though it was not too long ago. November 20, 2014. That entire day I was anxious to hear President Obama’s speech, and even more excited to see the look on my parents’ face when they heard that some type of immigration relief was finally going to be available for them after 21 years of being in immigration limbo, for lack of a better phrase. DAPA promises temporary protection from deportation to parents of US citizens and permanent legal residents as long as they have a clear criminal background and are of good character. Of course, like with DACA, it is not a path to citizenship but rather, it is a guarantee to not be deported for at least three years and it will hopefully be reneawble until another policy or law changes or gets updated. Thanks to this, my parents will be guaranteed a work permit and a social security number. They will also be allowed to get a driver’s license and not have to worry about leaving the house undocumented with the fear of not coming back home at the end of the day. This is the sad reality of undocumented people, but thankfully my parents will be relieved of this fear for at least three years.

CHILDREN REFUGEES/UNACCOMPANIED MINORS

In order to shift our attention to the increase in migration flows from Central American countries (Mexico, too) by underaged kids, Memphis Immigration Advocates is only taking children’s cases, for free! Yes, the need is so great and these people are so underprivileged financially that our great attorneys are helping these kids completely free of charge. Some of the cases I’ve seen so far are heartbreaking. One of our boys, a teenager from El Salvador, is seeking asylum in the United States because he was being persecuted by gang members. The danger he lived was so serious, that these gang members kidnapped him and drove him into the desert to force him to dig his own grave…luckily, our client was able to escape and left his country immediately.

Gang violence has reached an all-time high in Central American countries like Guatemala, El Salvador, and Honduras. Targets of gang members are young men, as they are seen as prospective members. Young women are also targeted, as gang members often claim them as their property and even “share” them amongst themselves. The sad reality is that these children are left with three choices: join the gangs, die, or leave the country. Almost intuitively, it is no surprise that a lot of these kids choose to leave to the United States, alone.

YOUNG WOMEN

I empathize with the stories of our young women clients, but this is not to say that I don’t empathize with our male clients, I just identify more with young women for obvious reasons. Because they are seen as vulnerable, submissive, and as property, they are often targeted by gang members and even older men. A couple of our clients are teen-moms, either as a result of the lack of parental supervision in their countries (if their parents already had a home established in the US) or rape (either in their country or en route to the US). These young ladies are still children and are preparing to raise kids of their own; this issue is heartbreaking.

Also, because a lot of these girls never had a male role model figure in their lives, they easily accept the affection of any man that tries to win a place in their lives. As a result, they easily engage in relationships with older men, especially. This is why teen pregnancy and erratic behavior. We have had cases where concerned guardians or sponsors of our clients call the office expressing their concerns of these girls being on the phone all day, locked in their rooms, and displaying rebellious behavior. One of our parents mentioned that mysterious men were driving around her house because her sister in law (our client) had given their address to unknown men.

Because of these types of problem, child advocate specialists are in great need. These specialists are trained to help these kids transition easily into their new lives. Unfortuantely, attorneys aren’t trained to handle intrafamiliar issues. It is hard, however, for these kids to move into a new place with families they hardly know, even when they are living with their parents, siblings, or immediate family members.

SPECIAL IMMIGRANT JUVENILE STATUS (SIJS) AND ASYLUM

Most of our kids are eligibile for SIJS and/or asylum. SIJS is a special type of immigration relief for children who have been abandoned, neglected, mistreated, or abused by more than one parent. A lot of our kids never had a father in their lives, which in turn makes them eligible for this type of status. Unlike DACA, SIJS is a path to citizenship, as it first grants permanent legal residence and then after five years, citizenship. A lot of our kids came to the US because at least one of their parents was already here. Often times, their parents left them behind in their native countries under the care of a grandmother or other immediate family member. As a result, many of our clients are meeting their parents for the first time or being reunited with them after having not seen them for more than 8-10 years. This situation makes it especially difficult for these kids to transition to a new life where they have to follow the rules and be under the care of a person they hardly know, even if it is their mother or father.

Asylum is a type of relief available to people who are victims of persecution in their home country due their race, ethnicity, political opinion, religion, or membership in a particular social group. These types of cases are particularly difficult to win, as it is hard to prove persecution on the basis of the latter factors. Gang based asylum claims are complicated because gang violence is classified as general crime, and not as a basis for asylym. As a result, attorneys have to find loop holes to help their clients win asylum cases.

For now, these are the basic policies available. Immigration laws in the US are outdated, with the last immigration reform dating back to 1986. It is time for a more permanent and more promising change. Yes, these policies are helpful, but our country would benefit from better and more updated policies. Temporary solutions are just that, temporary.

Grassroots efforts and organizations have proved to be successful thus far, but we must push even harder. Our voices must be louder and stronger. This is our home, our lives, our country. Together we can fight to make this a better place for ourselves and our families. All we want is chance to live better. Immigration is not a crime. We are not illegals…. We ARE America….