ILNews

Adams: Relief for immigrant 'Dreamers' soon to be a reality

July 4, 2012
Keywords
Back to TopCommentsE-mailPrint
Indiana Lawyer Commentary

By Angela D. Adams

angela adams Adams

Just minutes before attending my first session of the second day of the American Immigration Lawyers Association annual conference in Nashville, Tenn., I began to receive a flood of emails and tweets on my phone about an announcement which would completely change the lives of an estimated 1.4 million immigrant youth, commonly called “Dreamers,” across the country and between 21,000 and 29,000 immigrant youth in Indiana. As I stood in the coffee line, I wondered, “Is this really happening? Is this a joke? Am I dreaming?”

It was not a dream. Tears began to well up as I thought of all of the kids I have worked with in the last 15 years who would possibly benefit from this news. These are kids who were brought to the U.S. at a very young age through no fault of their own and have no other way to fix their status. They are Americans in every way except they are undocumented.

Along with 3,000 other immigration attorneys, I witnessed a live announcement that I and others have been anticipating for so long. The crowd smiled, cried, cheered and stood in disbelief as we listened and watched the president’s speech on three big screens. During commercial breaks we received briefings from AILA national staff. While the previous day had been spent largely criticizing the Obama administration for a lack of action in the area of immigration, Friday morning brought a complete game changer followed by a sudden change of heart. I will forever remember that as one of the top 10 coolest moments in my life.

Within the executive authority of the president, Secretary of Homeland Security Janet Napolitano issued a memorandum dated June 15, 2012, announcing that it would begin exercising prosecutorial discretion by allowing certain immigrant youth to apply for “deferred action.” Deferred action is a discretionary act of administrative convenience to the government which gives some cases lower priority. In an effort to clarify enforcement priorities, the Department of Homeland Security has decided not to initiate removal proceedings against those who meet the following five criteria for deferred action: (1) Entered the U.S. prior to the age of 16; (2) Continuous residence in the U.S. for at least five years immediately preceding and have been physically present in the U.S. on June 15, 2012; (3) Currently enrolled in school, have graduated from high school or have obtained a GED; (4) Not have a conviction for a felony offense, a substantial misdemeanor offense or multiple misdemeanor offenses; and (5) Not above the age of 30.

Individuals who qualify for deferred action will be eligible to apply for employment authorization for a period of two years, subject to renewal. Employment authorization allows one to also apply for a Social Security number and state identification card and/or driver’s license. In addition, deferred action may open the door for students to be eligible to pay in-state tuition at public colleges and universities. Most importantly, deferred action will serve to protect qualifying individuals from deportation or removal.

Deferred action is not an amnesty or immunity. It does not lead to lawful permanent residency or U.S. citizenship. It does not permit one to apply for family members. Those who qualify are not able to vote and are still subject to removal if they commit certain removable offenses.

The process to apply for deferred action is still unknown and many details are yet to be determined. DHS has been instructed to issue further guidance and clarification on the requirements and details of the application process, form, filing fee, etc., in 60 days. Unfortunately, unscrupulous notarios and immigration consultants are already coming out of the woodwork to sell misinformation to the public. Individuals who believe they may be eligible should be advised to seek legal advice from a competent immigration attorney. In addition, individuals who do not qualify should not apply as this could open them up to serious consequences, including the possibility of being placed in removal proceedings.

One cannot help but appreciate the fascinating politics and ingenious timing of this executive directive. For starters, the announcement was made on the 30th anniversary of the seminal U.S. Supreme Court decision, Plyler v. Doe, 457 U.S. 202 (1982), in which the court held that undocumented school-age children could not be denied free access to public education. It was also the first anniversary of the president’s memorandum on prosecutorial discretion, which critics suggest did not go over as well as planned. Also not by coincidence, the annual AILA conference provided 3,000 messengers who were perfectly poised to positively spread the word. Republican leaders had already announced their own version and support of the DREAM Act, and this further forced their hand.

Undoubtedly and obviously rallying for the Latino vote, both parties are now forced to take a serious look at immigration reform as the result of this announcement. This memo, followed by a recent and historic U.S. Supreme Court decision on the Arizona law, Arizona v. U.S., 567 U.S. ___ (2012), have started the snowball rolling toward comprehensive immigration reform just in time for the next election. In fact, the Supreme Court’s 5-3 decision to strike down major parts of Arizona’s immigration law suggests that the president acted within his executive power. The opinion emphasized the “broad discretion” of the federal government to set priorities in choosing which immigrants to deport. Even Justice Antonin Scalia in his dissent said the executive branch has supremacy over immigration.

The battle has only just begun. The polls are showing that the majority of Americans (64 percent) support this policy of deferred action for Dreamers. Sometimes the political thing to do also happens to be the right thing to do. Much more than a political move, it appears that the president’s directive is slowly nudging the immigration conversation back to the middle — where it belongs. The challenge will continue to be getting Congress to face the music, have a rational debate on immigration reform and pass a long-term solution.•

__________

Angela D. Adams is an attorney and director with the law firm of Lewis & Kappes P.C. concentrating on immigration matters. She is board president of the Immigrant Welcome Center and vice chair of the American Immigration Lawyers Association Indiana Chapter, and she has served as an education consultant for the Indiana Department of Education, division of language, minority and migrant programs. She is co-founder of META: Mapping Education Towards Achievement, a post-secondary awareness seminar for Hispanic students. The opinions expressed in this column are those of the author.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

ADVERTISEMENT