Nota de la Editora: Esta mañana, el Tribunal Supremo anunció que alcanzó una votación dividida 4-4 en el caso de inmigración de Estados Unidos v Texas, que se dirigió a la DAPA (Acción Diferida para los padres de los estadounidenses y residentes permanentes legales) y se expandió DACA (Acción Diferida. para Llegados en la Infancia) programas introducidos por el presidente Obama en 2014.  La decisión dividida del tribunal significa ambos programas, los cuales habrían proporcionado indocumentados con permisos de alivio de la deportación y de trabajo temporal, se han puesto en espera. Sin embargo, el programa de DACA original, que se lanzó en el 2012 no se ha visto afectado por la reciente decisión de la corte. Coachella Unincorporated habló con Megan Beaman, una abogada de derechos civiles y activista de la comunidad local, para aprender lo que los miembros de la comunidad deben saber a la luz de la decisión dividida del Tribunal Supremo.

• Recuerde Que Las Prioridades De Control Permanecerá En Vigor. De noviembre de 2014 las prioridades de aplicación del presidente Obama siguen en vigor, es decir, los funcionarios de inmigración se dirigen sólo a deportar a personas que caen en ciertas categorías, incluyendo individuos con antecedentes penales significativos y los que entraban en los EE.UU. después de 2014. 
• DACA sigue en pie. El orden DACA original, del 2012 sigue en efecto completo, lo que significa que no habrán cambios producidos en el estado o los derechos de cualquier persona que ya están en el programa de DACA. Los que son elegibles para DACA bajo la orden original todavía pueden aplicar. 
• Conozca sus derechos y manténgase a salvo. Miembros de la comunidad indocumentados deben permanecer vigilantes de sus propios derechos y la seguridad mediante la protección de sí mismos mientras que la interacción con los agentes encargados de hacer cumplir la ley y el control de la inmigración. Entre otras cosas, no firme nada sin antes consultar a un abogado, y no admite nada acerca de su país de origen o estatus migratorio. 
• Siga luchando. Incluso si usted no puede votar, trabaje para conseguir que los miembros de la familia, vecinos, amigos y otras personas estén registradas para votar. La votación para los candidatos que nos traerá el tipo de reforma migratoria que merecemos para que podamos mantener nuestras familias unidas. 
• No pierda la esperanza. En cada movimiento para el cambio y la justicia, debemos sobrepasar obstáculos y fracasos de experiencia antes de que finalmente ganemos, al final, la justicia prevalece. Mahatma Gandhi dijo: “Primero te ignoran, luego se ríen de ti, después te atacan, entonces ganas.” La lucha puede ser larga, pero finalmente la justicia prevalecerá.

En el caso de que usted, o alguien que conoce, sean detenidos, tenga cuidado de no renunciar a ninguno de sus derechos sin consultar primero con un abogado.

• Usted tiene el derecho a no dar su consentimiento para la búsqueda de su casa, automóvil, o su cuerpo, sin saberlo, para evitar poner a sí mismo o a otros miembros de la familia indocumentados en riesgo de detención.
• Usted tiene derecho a hablar con un abogado antes de contestar cualquier pregunta o tomar cualquier decisión cuando esté en contacto con agentes de inmigración o la policía.
• Usted tiene derecho a permanecer en silencio y no responder a las preguntas hechas a usted por la inmigración o agentes de policía, en particular las preguntas acerca de su estado migratorio o país de origen (nacimiento).
• Usted tiene derecho a no firmar nada sin recibir el asesoramiento de un abogado sobre las consecuencias a que sin querer podría ceder sus derechos a la futura ayuda de inmigración.
• Usted tiene derecho de llamar al consulado de su país de origen, el cual tiene derecho a visitarte, y que puede ser capaz de conectarlo a otros recursos.

Editor’s Note: This morning, the Supreme Court announced it reached a 4-4 split vote on the immigration case United States v. Texas, which addressed the DAPA (Deferred Action for Parents of Americans and Legal Permanent Residents) and expanded DACA (Deferred Action for Childhood Arrivals) programs introduced by President Obama in 2014. The court’s split decision means both programs, which would have provided undocumented community members with temporary deportation relief and work permits, have been put on hold. However, the original DACA program from 2012 has not been affected by the court’s recent decision. Coachella Unincorporated spoke to Megan Beaman, a local civil rights attorney and community activist, to find out what community members should know in light of the Supreme Court’s split decision.

• Remember Enforcement Priorities Remain In Effect. President Obama’s November 2014 enforcement priorities remain in effect, meaning immigration officials are directed to only deport people who fall into certain categories, including individuals with significant criminal histories and those who entered the U.S. after 2014.
  

• DACA Still Stands. The original DACA order from 2012 still remains in full effect, meaning no changes will be made to the status or rights of anyone already in the DACA program. Those who are eligible for DACA under the original order can still apply.
  

• Know Your Rights and Stay Safe. Undocumented community members must remain vigilant of their own rights and safety by protecting themselves while interacting with law enforcement and immigration enforcement agents. Among other things, do not sign anything without first consulting a lawyer, and do not admit to anything about your country of origin or immigration status.
  

• Keep Fighting. Even if you can’t vote, work to get family members, neighbors, friends and others registered to vote. Voting for candidates who will bring us the type of immigration reform that we deserve so that we can keep our families together.
  

• Don’t Lose Hope. In every movement for change and justice, we must overtime obstacles and experience failures before we eventually win—and in the end, justice does prevail.  Mahatma Ghandi said, “First they ignore you, then they laugh at you, then they fight you, then you win.” The fight can be a long one, but justice will eventually prevail.

In the event you, or someone you know, are detained, be careful not to give up any of your rights without first speaking with an attorney.

• Exercise your right to not give your consent for search of your home, car, or person, to avoid unknowingly putting yourself or other undocumented family members at risk of detention or removal.
• Exercise your right to speak to an attorney before answering any questions or making any decisions in contact with immigration or police officials.
• Exercise your right to remain silent and not answer questions made to you by immigration or police officials, particularly questions about your immigration status or country of origin (birth).
• Exercise your right to NOT sign anything without receiving advice from an attorney about the consequences—you could unintentionally sign away your rights to future immigration relief.
• Exercise your right to call the consulate of your country of origin, who has a right to visit you, and who may be able to connect you to other resources.

Pictured above: Joyce Noche, directing attorney at the Public Law Center, said immigrants should seek out trusted service providers to see if they are eligible for the current DACA program or other forms of administrative relief. Photo: Michael Lozano / VoiceWaves

ANAHEIM, Calif. – Immigrant rights advocates are encouraging families to get ready for the possible implementation of two programs that could go into effect later this year. Both programs provide beneficiaries with temporary relief from deportation.

Even with the death of Supreme Court Justice Antonin Scalia in February, advocates say a ruling on one of the big questions before the Supreme Court – whether Obama’s executive actions on immigration will finally go into effect – remains up in the air.

Obama’s expansion of Deferred Action for Childhood Arrivals (DACA) and launch of a new program for undocumented parents of U.S. citizens or legal permanent residents, called Deferred Action for Parents of Americans (DAPA), could provide millions of undocumented immigrants temporary relief from deportation and access to work permits.

Both programs have been on hold ever since they were announced in November 2014. Their fate now rests with the U.S. Supreme Court.

With eight justices on the court, five votes are needed to overturn an injunction put in place by a lower court, thereby allowing DACA and DAPA to move forward. In the case of a 4-4 tie, the lower court’s ruling would stand but the Supreme Court’s ruling would not be precedent.

The Supreme Court is expected to hear Texas v. United States in April and announce its decision in June. If it decides in Obama’s favor, the two programs could go into effect, possibly by late summer or early fall.

In the meantime, legal experts, advocates and DACA recipients say there are steps that families can take now to get ready for their possible implementation – and take advantage of programs that are currently available.

The litigation does not affect Obama’s original DACA program announced in 2012, which remains in effect.

Joyce Noche, directing attorney at the Public Law Center, encouraged immigrants in Orange County to seek out trustworthy service providers to see if they might be eligible for the current DACA program or other forms of administrative relief. Noche spoke at a media roundtable in Anaheim organized by New America Media and Ready California, a statewide coalition working to ensure that the maximum number of eligible Californians take advantage of DACA and DAPA.

Noche told reporters that while no one knows how the court will rule, a majority of law professors believe the president was within his power to announce his 2014 executive actions on immigration.

“We believe these programs are perfectly legal and will also be upheld,” said Hairo Cortes, program coordinator of Orange County Immigrant Youth United, who said that families should start preparing now for their implementation.

Residents can start gathering documents that prove they have been living continuously in the United States, he said. Those who have had contact with law enforcement can visit a trusted legal service provider to inquire about what is on their record.

Undocumented immigrants who came to the country as children should continue to apply for and renew DACA, said Cortes. DACA recipients who meet income requirements are eligible for full-scope Medi-Cal, California’s health care program for low-income residents.

For Avila Medrano, 23, DACA allowed her to get treatment for several health problems though Medi-Cal. When she was hospitalized recently, Medrano was able to get Medi-Cal to cover her hospital stay, medicines, and visits to doctors.

“When DACA came around, I saw hope,” said Medrano.

David Lee, a Korean American DACA recipient who was formerly homeless, said a man from church helped connect him to the local non-profit organization Korean Community Services.

“He told me I could work legally and there’s a program called DACA,” said Lee. “I didn’t believe it but I needed help. So I applied for DACA and it went through.”

Lee, who is now able to work legally, also said he now feels freer because of DACA. He explained that as a breakdancer, he used to be embarrassed to have to present a passport in order to enter a nightclub. Now he can use his ID to go out dancing.

“Thanks to DACA,” he said, “I can have more fun. I feel more free.”

Cortes said there are actions that families can take regardless of their status.

As of May 2016, all undocumented minors will be able to access full-scope Medi-Cal, so parents are encouraged to enroll their children in emergency Medi-Cal now.

Undocumented immigrants in California are encouraged to continue to apply for driver’s licenses, available to all qualifying residents regardless of immigration status, through the state law AB 60.

Eligible green card holders can apply for U.S. citizenship; and U.S. citizens can register to vote.

Concerned residents can also make their voices heard through organizing, Cortes said.

“We’re seeing a greater organizing effort now in New York, Chicago, people standing up against raids,” said Cortes, who noted that a recent protest in Santa Ana called for an end to deportations.

News of immigration raids on Central American refugees in other parts of the country has put immigrant communities on edge, noted Carlos Perea, project manager at Resistencia, Autonomia, Igualdad, lideraZgo (RAIZ)‬.

“There’s already enough fear and panic in the community,” said Perea, “that anytime the community hears about raids and [law enforcement’s] cooperation with ICE [Immigration and Customs Enforcement], the community will freak out.”

Perea said it’s important for undocumented families to have a plan of action if they come in contact with ICE agents, so they will be able to get the help they need should they be detained. Perea suggests that families have an emergency contact who will be able to take action if family members are detained; they should contact a trusted immigration lawyer or advocacy organization that will be able to mobilize on their behalf; and they should have an emergency plan for their children.

Meanwhile, Lee encouraged other undocumented immigrants in his community to see if they qualified for DACA so they could be free from the threat of deportation and be able to work legally.

“Don’t be skeptical [of applying for DACA] like I was,” he says. “Take action.”

For more information about Ready California, visit Ready-California.org.

New America Media, News Report, Elena Shore, Posted: Nov 12, 2015

Pictured above: Odette Keeley of New America Media, Sally Kinoshita of Immigrant Legal Resource Center, Juan Ortiz of International Institute of the Bay Area, Dayanna Carlos of The California Endowment and Annette Wong of Chinese for Affirmative Action discuss the federal court decision and what families can do now. Photo by Min Lee.

A day after the 5th Circuit announced its ruling against the Obama administration’s executive actions on immigration, immigrant rights leaders said now is the time to act.

“We are not going to sit around and wait for a court ruling. We will not let right-wing judges or right-wing states determine what happens to the fate of our communities,” Annette Wong, program manager with Chinese for Affirmative Action (CAA) told reporters at an ethnic media news briefing organized by New America Media. The roundtable was part of an effort by the statewide coalition Ready California to encourage residents to apply for Deferred Action for Childhood Arrivals (DACA).

One year ago, President Obama announced two new programs through executive action – an expansion of the DACA program and a new program for parents of U.S. citizens or legal permanent residents, called Deferred Action for Parents of Americans, or DAPA. Those programs remain on hold following Monday’s court ruling, the latest decision following a lawsuit brought by 26 Republican-led states against the Obama administration.

The Obama administration is expected to appeal the ruling to the U.S. Supreme Court in the next few weeks. If the Supreme Court takes the case, it will likely announce a decision in June.

But while those two programs remain on hold, immigrant rights advocates said there are steps that families can take now to secure their future.

“It doesn’t matter what status someone has; there are actions they can take,” said Juan Ortiz, staff attorney with the International Institute of the Bay Area (IIBA).

U.S. citizens can register to vote; eligible green card holders can apply for citizenship. Undocumented California residents can apply for a driver’s license under AB 60, noted Ortiz.

Next May, undocumented children in California will be able to access full-scope Medi-Cal. California parents can start enrolling their kids now in Restricted Medi-Cal (sometimes called Emergency Medi-Cal), regardless of their immigration status.

Parents of U.S. citizens or legal permanent residents can start preparing their documents so they will be ready when DAPA goes into effect.

And, most importantly, people can still apply for the original DACA program that was announced in 2012.

It’s important to understand that Monday’s ruling does not affect DACA, noted Sally Kinoshita, deputy director of Immigrant Legal Resource Center. That program remains in effect and continues to help undocumented immigrants who came to the United States as children get work permits, social security numbers and a temporary reprieve from deportation.

Ortiz advised families to go to a trusted community based organization for an immigration check-up to see what they might qualify for. In fact, he said, almost 15 percent of people who apply for DACA end up qualifying for something else, like a U-Visa (granted to victims of crimes) or a T-Visa (granted to trafficking victims).

Meanwhile, several DACA recipients speaking at the briefing encouraged their community members to apply for the program so they could access all of its benefits – not only a social security number, a work permit and a reprieve from deportation, but also the stability and security to stand up and advocate for the rights of others in their communities.

For Mexican American DACA recipient Luis Avalos, getting DACA was “ a shining light in a dark tunnel of uncertainty,” allowing him to work legally and stop being afraid of deportation.

Avalos, 22, is now the chair of the San Francisco Youth Commission and advises the mayor and board of supervisors on issues of concern to young people. In order to be appointed to the commission, Avalos needed a social security number.

“I wouldn’t be able to be part of the San Francisco Youth Commission without DACA,” he said.

For Hong Mei Pang, a community organizer with ASPIRE, getting DACA was “a pivotal moment” in her life.

Pang, who came to the United States from Singapore 12 years ago, said before DACA was announced in 2012, she was “working three jobs under the table in abusive, exploitative conditions.” DACA allowed her to get work authorization and step out of the shadows.

Today she advocates against deportations that continue to separate families. “Being able to participate in community organizing,” she said, “means we are able to hold each other up.”

Meanwhile, for Brian Cheong, DACA might have saved his life.

Cheong, who moved here from South Korea 12 years ago, was the leader of his high school’s marching unit, graduated at the top of the class, and was awarded the Outstanding Student Award, given to one graduating senior each year.

When he went to college, he said, “that’s when my life turned a little downward.”

As an undocumented immigrant, he was forced to pay out-of-state tuition. In order to pay out-of-state tuition, he had to get a job. But because he was undocumented, he didn’t have a permit to work legally.

“On top of that,” he said, “the fear of deportation followed me everywhere I went. You never know if when you’re sleeping or working if people are going to come and capture you.”

“I started to question my life,” he said, “and whether it was worth it to continue.”

When DACA was launched in 2012, Cheong said there was never any question that he would apply for it. Getting DACA allowed him to work legally and have a secure source of income for tuition, removed the fear of deportation, helped him regain confidence in life, and allowed him to feel stable and secure for the first time in a long time.

“I’m the type of person that likes to plan ahead, and I couldn’t do that before DACA,” Cheong explained.

Today, Cheong is in a military program called MAVNI, a special program that could allow DACA recipients with certain skills to gain something that they otherwise would not be able to access – a path to citizenship. Cheong plans to eventually petition for his parents and family, who are currently left out of immigration reform.

To other young people who are living without legal status, Cheong had a simple message: “You are not alone.”

“Get up, speak up, advocate and educate,” he said, “not just for DAPA [Deferred Action for Parents of Americans] but for CIR [comprehensive immigration reform] as well.”

For more information about Ready California, visit Ready-California.org.

New America Media / Long Beach VoiceWaves, News Feature, Michael Lozano, Posted: Oct 06, 2015

LONG BEACH, Calif. — Two years ago, everything seemed to fall into place for Chando Kem, from his mental state to his work and love life.

That was when the Long Beach resident applied for and received Deferred Action for Childhood Arrivals (DACA), a program that grants certain undocumented youth temporary relief from deportation, a social security number, and a permit to work.

“Now I’m not afraid to walk anywhere,” said the native of Cambodia who has lived most of his life undocumented.

Kem may only be 21, but he has been through a lot.

He’s worked under the table and been robbed of overtime pay due to him. Without an I.D., he’s missed out on memories with friends at clubs. Without a license, he has had to pick up his dates on the bus, sometimes being late. Deportation was always at the back of his mind.

“My whole life got better,” said Kem, laughing, after he qualified for the program in February 2013. “Mentally, I feel more relief and more legitimate. I’m not going to be deported.”

Since it was launched by President Obama in 2012, DACA has benefitted the lives of over 680,000people like Kem so far, according to U.S. Citizenship and Immigration Services data.

Besides a healthier state of mind, Kem now has a better-paying job as an outreach ambassador for Long Beach City College.

“Prior to that, I felt like I was stuck in limbo, not being able to grow,” said Kem, who worked only under the table jobs before.

Kem used to work as a wedding server at a Long Beach restaurant, juggling school part-time. He often served during breaks and was not paid the overtime hours he performed. “It was rough because I worked from 6 PM to 3 AM. We were always understaffed. Yeah, it was tiring,” Kem recalled.

He estimates the employer robbed him of “a few thousand” dollars in overtime.

Now that he has a work permit through DACA, Kem was able to find a job that he loves. “This job is awesome. They work with my schedule. They respect my time,” said Kem, who provides college resources to high school students. “I want to reach the undocumented kids that feel shy,” he said.

Free from deportation, and with a better job, dates on the bus are also no more: Kem has a driver’s license, and it does not have the distinguishing mark that AB 60 licenses have. Some immigrants feared that the mark, which states “Federal Limits Apply,” may lead to profiling.

“I can commute wherever I want, whenever I want,” said Kem, who doesn’t bug his friends for rides anymore.

He was often late to dates, especially when he missed the bus. His dates would ask him why he couldn’t drive. “Prior to DACA, I felt a stigma,” said Kem. “Especially when you’re in the dating stage, I don’t really tell people, ‘Hey, I’m undocumented.’”

It’s the same stigma that keeps many Asian-Pacific Islander (API) youth from applying to DACA, Kem says.

Only 21 percent of eligible Asians have applied for DACA, compared to 77 percent of Latinos, according to a report by the Migration Policy Institute that looks at immigrants from the top four counties in Asia and the top 12 countries in Latin America.

“We’re culturally more reserved and more timid to talk about undocumented status,” Kem explained. “Culturally, it’s [seen as] a shameful thing to come here illegally.”

The Migration Policy Institute estimates there are 152,000 Asian immigrants who are eligible for DACA, the largest concentration of them in California.

Kem was a Dream Summer intern this past season, where he worked to educate people in API communities about DACA. He discovered that many did not know what DACA was.

Asian Americans need to join the immigration movement to diversify it, Kem said, perform more outreach, and gain as strong a media presence on the issue of immigration as Latinos have. “That really brings power to the Latino voice,” Kem said.

“Stigma is silencing,” Kem said. “The more you talk about it, the more you kill stigma.”

For all its privileges, DACA does have its limits. It costs $465 to apply and also to renew, and beneficiaries can apply to travel outside the country only for humanitarian, educational, or job-related reasons. The last time Kem was in his Cambodian hometown of Phnom Penh was when he was seven.

Since then, his mother, a business owner in Phnom Penh, has visited him in Long Beach sporadically throughout the years.

Yet many areas of Kem’s life have improved thanks to DACA. In particular, Kem’s dating life has gotten better. He recently picked up his girlfriend in his 2002 Toyota Solara for a date to Disneyland. He was on time.

“What are you waiting for?” Kem asks those who haven’t applied yet. “Opportunity [comes] to you,” he says, when you are able to get a social security number, a work permit, or an unmarked driver’s license. “It’s a tremendous change to your life.”

This profile was produced for New America Media in collaboration with Ready California (Ready-California.org), a statewide coalition working to ensure that the maximum number of eligible Californians benefit from DACA and DAPA. For more information about how to apply for DACA, go to: www.ilrc.org/daca.

New America Media, Commentary, Ju Hong, Posted: Jun 15, 2015

As I listened to President Obama’s announcement for Deferred Action for Childhood Arrivals(DACA) in 2012, in that moment I could see the culmination of all the courageous organizing efforts of fellow advocates who pressed our president to provide relief from deportations and advance the inclusion of immigrants, in order to make DACA possible across the country.

This weekend marked the third anniversary of DACA, yet the promise of deferred action and relief from deportation is still woefully out of reach for millions of undocumented and immigrant Californians. Around 2.8 million residents of California are eligible for citizenship or the current DACA program, with an additional 1.2 million who will be eligible to apply for deportation relief. Yet they face barriers to accessing life-changing opportunities that citizenship and deferred action can bring.

As this year’s state budget process draws to a close, all eyes are on Governor Brown to do what is right for California and support vital investments for our immigrant communities that will set an example for the nation and lay the groundwork for families across our state to access the opportunities that help them lead healthy, thriving lives.

Governor Brown has spoken in support of President Obama’s immigration initiatives and the need for Congress to create a workable immigration process. In the absence of positive movement on immigration reform at the federal level, will our Governor make the right choice for California’s future through a budget that is inclusive of our immigrant families?

The legislature’s proposed budget provides such opportunity with the inclusion of funding to support access to Medi-Cal for low-income undocumented children and an expansion of the Governor’s investment to increase access to deferred action programs, DACA and Deferred Action for Parents of Americans (DAPA), with the inclusion of citizenship, through the “One California” budget proposal.

I am one testament to the powerful opportunities of DACA, from accessing additional financial support needed to graduate with my Master’s degree, to obtaining a work permit needed to start my first full-time job as a National AAPI DACA Collaborative Outreach Coordinator. But deferred action has meant so much more than that. In my position, I have the chance to talk with other Asian American Pacific/Islander (AAPI) individuals whose lives have been transformed by DACA. For example, I met a high school Korean undocumented youth who is finally traveling back to South Korea for the first time in 10 years to reunite with her family. As I communicate with partners across the state and nation, it is clear that more support is needed for AAPI immigrant communities who struggle with barriers to accessing culturally and linguistically sensitive assistance, needed deportation relief, health coverage, and more.

That is why it is critical for Governor Brown to support the One California proposal’s $20 million investment, to address the gap in eligibility that exists for immigrants eligible for citizenship and deferred action. Using a comprehensive model, qualified non-profit organizations could provide needed legal assistance, engage in outreach, education, and other culturally and linguistically appropriate immigration assistance.

Once granted, citizenship provides powerful civic and economic opportunities that brings significant benefits to workers, families, and our state’s economy. And when eligible community members are granted “Deferred Action,” they can access a work permit and deportation relief, that can transform their lives, increase their purchasing power, and strengthen California’s economy.

Furthermore, through a $40 million investment for Medi-Cal coverage for undocumented children, our Governor can take an important first step towards healing the unjust exclusion of undocumented immigrants from health care reform.

California needs to continue to lead in the face of inaction from the federal government on immigration reform. With Washington stalling on immigration, we can’t afford to face the devastating consequences for those excluded from health care or stuck waiting for vital deportation relief.

So when Governor Brown prepares to sign state budget decisions, I urge him to use his pen to build shared prosperity, improve the health and economic status of immigrant communities, and set a path for all Californians to succeed.

This year, California must effectively invest in immigrant families – and California’s future. By supporting common-sense investments in this year’s budget that lift up immigrant families, we can propel California forward for future years to come.

This commentary previously appeared on the Huffington Post.
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