Caught in the current of reverse migration



Thousands of U.S.-born children now live throughout Mexico as a result of deportation of a family member. Disoriented, they struggle in a society that views them with a mix of envy and pity.


By Richard Marosi, Los Angeles Times
October 21, 2012

CUATRO MILPAS, MEXICO— In this hardscrabble farming village, an American teenager like Luis Martinez was bound to stand out.

Raised on Little Caesars pizzas and Big Gulps, Luis, 13, was portly. The village kids, subsisting on bowls of chicken broth, were all bones and elbows.

Luis wore Air Jordan high-tops. The kids wore sandals made of rubber tires.



He shot at birds with his BB gun and pedaled around on a Mongoose bike. They scurried up mango trees and chased iguanas.

He seemed like many visitors from America, with new clothes and good health, and the quiet confidence of someone who knew he wouldn't have to endure this place very long.

Then one day Luis and his step-grandfather, Juan Leyva, started standing up sheets of scrap metal on a treeless patch of dirt. They covered the jagged edges with cardboard, straightened the frame and slid corrugated metal sheets atop the walls, fastening it all together with electrical wire.



The teenager they had treated like a rich American cousin was going to live with his family in a shack, next to a chicken coop.

That summer night in 2010, Luis fell asleep on a squeaky mattress next to his baby sister and his dog-eared Harry Potter book, one of the treasured possessions from his days at James Madison Elementary School in Ogden, Utah.

"He was a very good kid," said Daniel Ibarra, 43, who had watched Luis patch together the shanty on that summer day. "But he was poor — poorer than the poorest person here."

Luis never imagined living a peasant's life in Sinaloa. But like other children whose parents or other family members were deported, he was swept into the current of reverse migration. Thousands of U.S.-born children of former illegal immigrants now live in cities and towns across Mexico. Disoriented by cultural differences and often unable to speak the language, they often struggle, clinging to one another in a society that views them with a mix of envy and pity.

Luis' life spiraled further than most. After Leyva, the breadwinner of the family, was deported in 2010, the family languished in Ogden. Eventually, Dominga Leyva, 49, the boy's maternal grandmother and a U.S. citizen, packed her grandson and his 3-month-old sister, Amor, into their Oldsmobile Alero and drove to the Mexican border town of Nogales.

Juan Leyva got in, and they began the 500-mile drive to the western Mexican state of Sinaloa, passing endless rows of vegetable fields to a one-road village where shirts hung from barbed-wire clotheslines, stray dogs feasted on corn husks and boys playfully swung machetes at stick fences.

"Dónde está Ooo-tah?" the students asked the chubby-cheeked norteamericano with the gringo accent. Where is Utah?

Luis told them of days ice fishing and snowboarding, of falling asleep on the couch watching horror movies. Back there, he had five video game players, indoor plumbing and shelves full of comics.

It seemed far-fetched; many of the children at the two-room schoolhouse considered them tall tales. When they asked why he came to Mexico, he told them that Leyva had been deported for driving without a license. "They called him a dummy," Luis said.

But Luis could never blame Leyva. His U.S.-born mother, who struggled with drugs, was in prison, and he never knew his biological father. Luis loved his step-grandfather — he called him Dad. Leyva, a wiry man with an easy smile, told everyone that Luis was his son.

In Utah, Leyva had supported the family by working on construction crews, a roofer for all seasons who drew curious stares from passers-by when he pounded shingles in snowstorms. "A man in a car called him 'crazy Mexican,'" Luis recalled proudly.

In Sinaloa, Leyva, 39, toiled even harder, but snow wasn't the problem.

He picked vegetables in the torrid plains inland from the Sea of Cortez, where his family had worked for generations. His light skin would shrivel and turn red, earning him the nickname Ciruela, or prune.

At school, Luis ducked behind torn textbooks, a teenager unable to read Spanish in lessons aimed at 7-year-olds. He soon dropped out, hoping to boost the family's finances by joining Leyva and his grandmother in the jalapeño fields. He got sunstroke the first day and his skin blistered and turned red. The villagers started calling him, Ciruelita, little prune.

On many days, Luis picked vegetables alongside the same children who had envied him when they first met. Now they felt sorry for him, urging him to cloak his skin in a flannel shirt and a hoodie. But Luis withered in the intense heat.

One day a crop-duster zipped low over the tomato fields. Everyone ducked, except him. He was sprayed with a pesticide that coated his arms in an orange liquid. He scrubbed it off in the irrigation canal, but it did not stop the itch.

Luis returned to the fields, this time wearing the tool belt of a chanatero, a human scarecrow tasked with ridding tomato fields of chanates — blackbirds. Up and down the rows he walked, rattling rock-filled bottles, firing off bottle rockets with a flame-tipped stick that he wielded like a wand.

His newfound ability to paint the sky black with flocks of startled birds delighted a boy who enjoyed the fantasy tales of Harry Potter. Alone in the maze of tomato plants, he could raise a ruckus, set off explosions, shout at the top of his lungs.

"It was like yelling out your anger," Luis said. "I liked that part."

The harvest season ended. Luis took to walking up and down the canals and railroad tracks, scavenging for tuna cans and metal scraps. His clothes turned to rags, his weight loss accelerated. He looked like a scarecrow.

"The poor boy. He lived a precarious existence," said bodega owner Jesus Alfredo Gaxiola, who often gave the teenager and his sister crackers and Coca-Cola. "I would ask him, 'What are you doing here? You have [U.S. citizenship]. You're only suffering here.'"

After a year earning only $10 per day in the fields, Leyva and Dominga were almost broke. Even the money they got selling the Alero was gone. One morning in May 2011, Leyva and Luis woke up and started taking down the walls of their home. They reduced the shack to a pile of scrap within a couple of hours. A recycler gave them $40 — enough money, along with some borrowed funds, to buy four bus tickets to the border.

At the border crossing station in Nogales, Ariz., the U.S. Customs officer eyed Luis' creased birth certificate. According to the document, the youngster was born in El Paso. But was this scrawny boy in front of him the same Luis Martinez listed on the paper?

Luis watched the plump people in clean clothes walking through the turnstile into Arizona, hoping and praying he would soon be following them down shop-lined North Grand Avenue. But agents at the Nogales port of entry were on guard against one of the oldest smuggling tricks: American women attempting to pass off illegal immigrant children as their own grandkids. They were also on the lookout for child abductions in disputed custody cases.

Dominga Leyva didn't share the children's last names. Nor could she show proof of custody. With her Utah driver's license and birth certificate, she was free to enter the U.S., the officer said, but not the children — at least not until she provided a power of attorney document, signed by the boy's biological mother. But Dominga's daughter was in prison in Utah.

Dominga grabbed the documents and turned back, crying. Luis walked past the long line of people waiting to cross. The looks of pity angered him. "I felt really bad, like I was being betrayed by my own country," Luis said. "I wanted to yell, 'I'm an American!'"

Sinaloa had been harsh. The Mexican border city of Nogales was harsher.

The family slept on park benches next to a four-lane highway. They scoured the streets for aluminum cans. On good days, they earned enough for a loaf of bread and some slices of ham. On many days, they went hungry. Once, workers at a migrant shelter took pity on the bedraggled American family and let them dine with deported illegal immigrants.

Luis dropped to 115 pounds, 50 pounds lighter than his Utah days. Dominga had to re-stitch his nylon basketball shorts so they wouldn't fall to his ankles. Leyva sought day labor work, waving at passing cars to no avail. The guilt of seeing his family suffering weighed on him.
"If I'm hungry, I can endure, but the children can't," Leyva said.

Leyva hatched a desperate plan. He found smugglers willing to guide Dominga, Luis and Amor through the high desert. The smugglers wondered: Was it even illegal to smuggle U.S. citizens into their own country? The risks would be lower — they just needed to get the family to Nogales, not through the checkpoints farther inland. They offered a discounted fee: $500.
Much of the money for the trip came from a most unexpected source.

Every day in late spring of 2011, giant construction cranes rose above the border. Hard-hatted U.S. government contractors were tearing down the border fence to make way for a taller barrier. Every day, they flung pieces of the old fence into Mexico, where frenzied mobs vied for the scraps.

Some people used the metal panels to build shanties. Luis and Leyva had other ideas. Scrap was selling for two pesos per kilo, so each 80-pound sheet could fetch about $8 from recyclers. It would take a small mountain of scrap, but they could start.

Each day they awoke at 2 a.m. and walked into the hills toward the construction site. When they came upon a fence panel, each would grab a jagged end and haul it to a waiting recycling truck. Then they would scramble back into the unruly line for a chance at another piece.

Three miles of fencing was replaced. Luis and Leyva shadowed the crews almost the entire way.

The two smugglers kept a fast pace through the canyons of the Pajarito Mountains. Luis struggled to keep up, his arms sagging under the weight of his 20-month-old sister. He looked back and saw his grandmother illuminated under the crescent moon, her labored breathing drowned out by the rustling of mesquite bushes. She was hobbling on her arthritic knee, clutching her purse, which contained their birth certificates.

Leyva had stayed behind, holding back tears as he watched them get into the smugglers' van. He would try some other day, he promised.

The men kept their flashlight beams low. Luis remembered their instructions: Don't talk, don't look at anyone on the trail and, if U.S. Border Patrol agents appear, claim to be lost hikers.
For nearly two days, they walked under craggy ridges and limestone bluffs. Luis never slept, fearing the smugglers would abandon them. At times, Amor's cries pierced the silence. Luis would play with her to calm her down under the impatient stares of the smugglers.

The smugglers were edgy for good reason. A few months earlier, bandits had ambushed a squad of U.S. Border Patrol agents, killing one. The smugglers had already stumbled upon one standoff between groups of Mexicans. They kept their cool and led the family down the trail, away from trouble.

When the group emerged from Peña Blanca Canyon in the predawn darkness, a car was waiting for them near a small lake. They jumped in and sped out of the wilderness, passing a sign on the twisting road: "Smuggling and illegal immigration may be encountered in this area."

The smugglers dropped the family at a Food City supermarket in Nogales, Ariz. Luis watched his grandmother count out 75 pennies from her pocket, all they had left for food.

A year later, she is still counting her pennies. The family lives in a creaky single-wide trailer on the edge of Nogales, the rent partly covered by disability benefits Dominga received since her arthritic knee gave out.

Earning money at a car wash on North Grand Avenue, Luis regained weight eating fast-food burgers and pizza. He was baptized into a local Mormon church, where volunteers had provided food and clothing after the family's desert journey. Last month, he entered Nogales High School in Arizona. He has his high school identification card and birth certificate to identify him as a U.S. citizen.

Twice a week, he crosses the border to Mexico, clutching grocery bags filled with fresh meat and vegetables. Waiting for him on one such visit was Leyva, wearing a crumpled cap and a weary smile. Only a few days had passed since Luis last saw Leyva, but he looked even skinnier.
His step-grandfather still couldn't find steady work, even after passing his sixth-grade equivalency test, which he incorrectly believed would make him eligible for a job in a factory assembling goods for export into the U.S.

The American teenager and the Mexican peasant walked through downtown, up a steep dirt path to the hillside shack where Leyva lived. Leyva fired up the oven top, grilled the meat and stuffed it into a tortilla. He gave the first one to Luis and prepared another for him.

"No. Save the food for yourself," Luis remembers telling Leyva.

Luis and Leyva talked about school, and about Dominga and Amor, as the sun dipped over the shanties. After a while, they walked quietly down the hill and said their brief goodbyes at the border fence. Then Leyva turned and climbed back up the hillside, and Luis walked down North Grand Avenue into Arizona.

Read from from The Times series: Without a Country
richard.marosi@latimes.com

Copyright © 2012, Los Angeles Times
 

Obama Work Permits Granted, Arizona Undocumented Immigrant is One of First


 

TUCSON, Ariz. - – One of the first undocumented immigrants in the country to get a work permit under president Obama's deferred action program lives right here in Arizona, in Tucson.

It's a controversial program -- allowing qualified persons to receive a two-year work permit that can be renewed without fear of deportation.

We met one of the first people to qualify. He came to the United States from Mexico when he was nine years old.

Carlos Martínez had an all-American childhood. High school sports star, on to the University of Arizona.

He got undergraduate and graduate degrees in computer engineering. But once the diplomas went up on the wall, Carlos slipped into the shadows, where's he's lived the last seven years.

"I worked in cleaning yards, landscaping… basically jobs they give to illegals that do not require show me your papers or your social number and all that."

"You have to be the most overqualified landscaper in Arizona. Nobody knows you are an engineer?" we asked.

"No when I am working out there they just think I am another illegal trying to make a living."

Then came the order from the Obama white house, giving people like Carlos an opportunity to get work permits. Carlos thanks the president.

"Oh completely grateful. Better late than never -- he is the only president who has given me the opportunity to work," says Carlos.

But work permits are a temporary fix. And Carlos will be watching November's election returns more closely than most.

If Barack Obama is reelected, Carlos stays and works in his field. If Mitt Romney wins, all bets are off.

Carlos will look for jobs as a computer software engineer.

He's still awaiting passage of the Dream Act. The Dream Act would provide a path to citizenship to 1.7 million young people brought to the U.S. illegally. But so far it has failed to pass in congress.

Read more: http://latino.foxnews.com/latino/news/2012/09/21/arizona-man-one-first-to-get-obama-work-permit/#ixzz277fWHG00


 

Quick Start to Program Offering Immigrants a Reprieve



New York Times 
September 11, 2012
By JULIA PRESTON

One month after the Obama administration started a program to suspend deportations of young illegal immigrants, more than 72,000 of them have applied for the temporary reprieve, senior immigration officials said on Tuesday, and this week the first approvals have been granted.

The figures for applications received so far — the first results the administration has released since a federal agency began receiving the documents on Aug. 15 — show that large numbers of young immigrants are ready to take the risk of coming forward, administration officials and immigrant advocates said, and that the agency in charge has been able to manage the rush of paperwork.

The immigrants requesting two-year deportation deferrals do not reach the high estimates of 250,000 that officials had said they were prepared to handle in the first month of the program, which is President Obama’s most significant immigration initiative.

But at the current rate, at least 200,000 young immigrants could have applications in the pipeline by the time of the presidential election on Nov. 6, and many thousands will probably have received deferrals and the work permits that go along with them. Officials originally predicted that it could take several months for the immigration agency, United States Citizenship and Immigration Services, to issue the first deferrals.

The intense activity around the program in immigrant communities, especially among Latinos, has already yielded some political benefits to Mr. Obama, with Democrats repeatedly highlighting the initiative during their convention last week, to cheers from the floor. Initiated by an executive action, the program grants deportation deferrals that must be renewed after two years, and it does not provide any legal immigration status.

Pressure is increasing on Mitt Romney, the Republican candidate, to clarify his position on the program. He has not said whether he would continue it if he is elected, although he has said he would prefer “a more permanent solution” for young illegal immigrants.

The surge of applicants has not been greater, lawyers and advocates said, because of difficulties many young immigrants have encountered in gathering the documents they need to meet the program’s requirements and in mustering the $465 application fee, a hefty sum for many. Since the program has no filing deadline, eligible young people are taking time to consult with their families, weighing the benefits for them against possible risks for parents and siblings here illegally who are not eligible.

“There has been huge interest in community programs where people can get information,” said Laura Lichter, president of the American Immigration Lawyers Association, who practices in Denver. “But these applications are not something you would be ready to go with in one day. They take a fair amount of work. And we have to be sure people understand the risks they are taking.”

To qualify, illegal immigrants must be under 31 years old and have come to the United States before they were 16. They must show that they have lived here continuously since June 15, 2007, and be currently in school or have earned a high school diploma or have been honorably discharged from the military. They must pass a background check to show they do not have any significant criminal record or pose a threat to national security.

The program posed a test for the immigration agency, known as U.S.C.I.S., which has not been known for brisk efficiency. According to the Migration Policy Institute, a nonpartisan research group, as many as 1.2 million illegal immigrants could be immediately eligible for the program.

Given only two months to prepare, Alejandro Mayorkas, the director of the agency, worked to rally its 18,000 employees, including some 11,000 federal workers, to rise to the task. The applications — sheaves of school transcripts, utility and other bills, rental contracts or other documents immigrants can find to track their daily lives over the past five years — have to be submitted by mail.

Operating in the bureaucratic equivalent of a blitz, the agency has been issuing receipts for applications within 48 hours after they were logged in, Mr. Mayorkas said. Fingerprints and photographs are taken for background checks, generally within three weeks after an application is received.

The first applicants gave their fingerprints last Thursday, Mr. Mayorkas said, and the checks were completed by Monday. The agency is equipped to perform the criminal checks, Department of Homeland Security officials said, because those are required for most visas the agency routinely issues.

Completed applications first reached the decision-making officers on Monday. By that afternoon the first few approvals were issued, Mr. Mayorkas said, with several dozen more on Tuesday. Some immigrants were notified immediately by text message.

“If somebody submits documents that show by the preponderance of the evidence that they meet the guidelines, we are poised to move the cases as quickly as possible,” Mr. Mayorkas said.

Mr. Mayorkas said he expected the first work permits, which are approved in a separate but parallel process, to be issued in coming weeks.

Administration officials have said the program will be paid for by fees, with no taxpayer money invested. California is leading in applications, not surprisingly, followed by Texas, New York, Florida and New Jersey. By far the largest number of applicants was born in Mexico. But officials said a surprisingly large number of applications came from South Koreans, a much smaller population of immigrants.

As the deferral program expands, resistance to it has grown among Republicans in Congress, who say it is undermining the administration’s broader enforcement against illegal immigration and making it difficult for immigration agents to do their jobs.

In a letter on Tuesday to John Morton, the director of the agency in charge of enforcement, Senator Jeff Sessions, a Republican from Alabama, wrote, “There is no question that the administration’s unilaterally decreed policy is contrary to codified federal law and places our law enforcement officers in an untenable position.”

Flurry of immigration bills will test Gov. Jerry Brown




California lawmakers are pushing this week to pass four bills that would make life easier for immigrants living and working here illegally, but all require the support of a governor who chooses his immigration causes carefully.

Gov. Jerry Brown won praise last fall from Latinos and immigrant communities when he signed a law giving illegal immigrant college students access to state financial aid, but this season he must sift through a more complicated set of measures that opponents view as defying federal prerogatives.

The flurry comes in the last days of the 2012 legislative session and tests the compassion and political future of Brown, who supports a path to citizenship for California's more than 2 million illegal immigrants but has repeatedly said the solution must come from the federal government.

Already on Brown's desk is the Trust Act, which would partially pull California out of an immigration dragnet that has deported about 80,000 people from the state since Brown, as attorney general, signed a federal-state partnership in 2009.

"It's a lottery" whether Brown will sign or veto the Trust Act, said the bill's author, Assemblyman Tom Ammiano, D-San Francisco. The bill went to the governor's desk Friday after a 48-26 vote in the Assembly and earlier approval in the state Senate.

Ammiano's bill would restrict jails from holding immigrants for deportation unless they committed a serious or violent felony. It is meant to counter the Secure Communities fingerprints program that alerts U.S. Immigration and Customs Enforcement whenever local police jail a deportable immigrant.

Immigrant advocates say the federal program deports too many noncriminals and low-level offenders, while most sheriffs support the ICE partnership and want Brown to veto the Trust Act.

Brown and his aides declined to comment on any pending legislation, but he has supported Secure Communities since he was attorney general.

"Every person arrested, their fingerprints are taken and they're sent to my office, and I now send them to the immigration office," Brown boasted in a 2010 election debate with his Republican challenger Meg Whitman. "If they're found to be here illegally, they're made subject to deportation."

Ammiano is hoping for a change of heart by Brown and others who the lawmaker says were misled into believing the program was focused on deporting criminals. Brown "signed a boilerplate memorandum of understanding ... based on a number of lies, not by him, but by ICE," Ammiano said.

Also coming soon to Brown's desk may be a measure by Assemblyman Gil Cedillo, D-Los Angeles, who has until the end of the week to usher through the Legislature a bill that would grant driver's licenses to young illegal immigrants who get work permits from the Obama administration.

Two other bills were introduced Friday, just one week before the Legislature adjourns for the year on Aug. 31. One surprise proposal known as a "safe harbor" bill seeks to protect most of the state's undocumented residents by allowing them to work and live in the state if they've been here since 2008, have no felony convictions and meet other conditions. Its proponent, Assemblyman Felipe Fuentes, D-Sylmar, introduced the last-minute bill by "gutting and amending" another one focused on vehicle pollution.

The fourth bill, the only one with Republican support, is a mostly symbolic measure to consider work permits for undocumented farm and service workers. Unlike his original version, however, the watered-down bill by Assemblyman Manuel Pérez, D-Coachella, would not actually grant state work permits, but rather would set up a working group to develop the idea.

See the entire article at http://www.mercurynews.com/rss/ci_21411277?source=rss

Immigration Lawsuit Stirs Up Congressional, Presidential Politics


By Niels Lesniewski
Roll Call Staff
Aug. 23, 2012, 2:19 p.m.

Republicans have stepped up their criticism of an Obama administration policy to defer enforcement of select immigration violations.

The move by Congressional Republicans comes at the same time as a lawsuit filed by nine Immigrations and Customs Enforcement officers against the Obama administration's deferred action policy for some immigration violations.

President Barack Obama's plan to not seek to deport illegal immigrants who would have be eligible for the DREAM Act, if it were ever to become law, has drawn accolades from Democrats and Hispanic groups but has been panned by Republicans, who say the administration is undermining immigration enforcement.

House Judiciary Chairman Lamar Smith (R-Texas) said that easing immigration enforcement in a weak economy hinders the ability of American citizens and legal immigrants to find jobs.
"The Obama administration's amnesty program not only rewards lawbreakers, it also forces ICE agents to violate federal law. ICE agents should enforce our immigration laws and apprehend illegal immigrants," Smith said in a statement. "But the Obama administration makes it impossible for ICE agents to do their jobs."'

Chris Crane, the president of the National ICE Council, is the lead plaintiff in the lawsuit, which was filed today in federal district court in Dallas, Texas.

The council is the American Federation of Government Employees union that represents agents and other employees of ICE. The plaintiffs are represented by Kansas Secretary of State Kris Kobach, an adviser to presumptive GOP presidential nominee Mitt Romney and an immigration hard-liner and architect of the GOP platform committee's enforcement-heavy immigration plank.

The lawsuit contends that the administration's directive "unconstitutionally usurps and encroaches upon the legislative powers of Congress."

Crane appeared last month at a news conference with several GOP Senators critical of the Obama administration policy, including Sen. Jeff Sessions (Ala.).

"America was poised to make great progress on immigration enforcement - after Congress was forced into action by the American public - but the president's unilateral pursuit of far-reaching amnesty has not only undermined this progress but reversed it," Sessions said in a statement. "The men and women who swore an oath to uphold the law and protect the public safety are now forced to ignore the law if they are to remain secure in their jobs."

Several other Republicans also chimed in with statements of support today, including Sens. John Boozman (Ark.) and David Vitter (La.)

"We must hold those who are breaking the law accountable and allow law enforcement the ability to do their job. Instead, this is a back door path to amnesty. We are a nation of laws but the president is stepping beyond his authority by determining what laws must be enforced," Boozman said. "Americans deserve immigration reform, secure borders and improved workplace verification to hold employers accountable for hiring illegal workers."

The White House and the Department of Homeland Security devised the deferred action policy when it was abundantly clear that Congress would not act on the DREAM Act this year.

That legislation, championed by Sen. Dick Durbin (D-Ill.), would provide a path to citizenship for illegal immigrants who came to the country as children, provided they attend college or join the military. Durbin first introduced the DREAM Act more than 11 years ago, a point which he highlights during his regular appearances on the Senate floor.

Sen. Marco Rubio (R-Fla.) had planned to unveil a Republican alternative version of the DREAM Act, but he said that became unnecessary when the Obama administration took the unilateral action to focus enforcement resources on dangerous immigrants.

The administration plan has the backing of Hispanic groups, which are a key constituency in Obama's re-election bid and Democratic efforts to hold on to control of the Senate.

Democrats highlighted the plan last week when a process began to allow eligible individuals to apply for work permits after paying a $465 fee.

"This is a historic humanitarian moment and I personally salute the president for his leadership. This action will give these young immigrants their chance to come out of the shadows and be part of the only country they've ever called home," Durbin said last week.

Durbin told a group of people applying for the new work permits in Chicago that he expected the Obama administration's move would eventually lead to support for a DREAM Act law.

It's an immigration winner


Editorial

The U.S. program allowing young illegal immigrants to apply for work permits is an important move in the right direction. Lawmakers' claims leveled against it are unfounded.

August 19, 2012

Last week featured a rare moment of encouragement in the nation's often tiresome and vindictive immigration debate: Thousands of young undocumented immigrants began applying for temporary permits that will allow them to live and work legally in the United States. The Deferred Action for Childhood Arrivals program, the result of a policy shift unveiled by the Obama administration in June, is a small but significant step that could help more than a million immigrant students and military veterans who were brought to this country illegally as children and who have lived in fear of deportation since.

But leave it to anti-immigration zealots to find a cloud in this silver lining. For them, any measure of relief for illegal immigrants is too much. Rep. Lamar Smith (R-Texas), for instance, used the week's events to suggest that the program amounted to amnesty and would cost taxpayers millions of dollars to implement.

Neither claim is true.

The program doesn't provide a path to legalization for those young immigrants, as the Dream Act, which failed to win approval in Congress, would have done. Instead, it grants a two-year respite from deportation for those who meet various conditions. They must be under 31, have come to the United States before they turned 16 and lived here for at least five years, and have no serious criminal convictions. They also must be enrolled in school, or have graduated from high school or served in theU.S. military. If their applications are granted, they will not be deported for two years, but they do not receive citizenship.

Nor does the program require taxpayers to foot the bill for the application process or for budget shortfalls. Eligible immigrants are required to pay $465 to cover the costs of processing their applications and the fee waivers granted to those living in foster care or acute poverty. Moreover, U.S. Citizenship and Immigration Services, the Department of Homeland Security agency administering the program, is funded almost entirely by fees paid by immigrants seeking visas or green cards and employers sponsoring workers. Less than 4% of the agency's budget is funded by taxpayers. Smith and his fellow Republicans know that.

Finally, critics who worry that immigrants will file fraudulent applications should consider that those applying must provide documents provided by U.S. institutions, such as public schools and the military, as evidence. Surely, the Department of Homeland Security can handle that.

Smith is right about one thing, however. This stopgap measure isn't enough to address the country's immigration problems. Only Congress can do that.

See the entire article at latimes.com/news/opinion/editorials/la-ed-applications-deferred-action-20120819,0,2939764.story

Illegal Immigrants Line Up by Thousands for Deportation Deferrals



By JULIA PRESTON
Published: August 15, 2012

CHICAGO — Tens of thousands of young illegal immigrants waited excitedly in lines as long as a mile and thronged to information sessions across the country on Wednesday, the first day that a federal immigration agency began accepting applications for deportation deferrals that include permits to work legally.

The public outpouring surprised both federal officials and immigrant advocates, who had expected an enthusiastic response to the Obama administration’s deferral program but were unprepared for the size and intensity of it. At Navy Pier here, young people began lining up on Tuesday evening for a counseling session about the program that was organized by an immigrants’ rights group.
By midmorning Wednesday, the line wound down the long pier, through a park and along an expressway, with young people holding sheafs of documents that they hoped would prove that they qualified for the program. By noon, event organizers said, 11,500 people had attended briefings, and more than 2,000 people had been turned away because there was not enough time or staff to deal with them.
“I know that out there many people are looking for the same thing as I am,” said Reyna Martinez, 19, who has lived in the United States since she was 7. “We are not alone; we stand together as a big crowd.”
Thousands of immigrants also waited in lines outside the offices of immigrants’ groups and flooded churches and law offices in Los Angeles, Miami, New York, Boston and Houston, among other cities.
Many of the young immigrants waiting at Navy Pier were wary — the program does not provide any legal immigration status like a green card, and some would-be applicants worried that there was a risk in coming forward so publicly — but they said any progress toward a legal foothold in the United States would be worth it.
“I know there are a lot of people without documentation who want to continue their school and work and make a better life for their families,” said Darinca Barron, 17, who added that she was brought here by her parents from Mexico when she was 6. “This is just a chance that you have to take.”
Under the program, the federal government will grant a two-year reprieve from deportation to illegal immigrants who are under age 31, have been in this country since they were children and meet other requirements.
President Obama initiated the program on June 15 using his executive authority. He did so after legislation known as the Dream Act — which he supported and which would have given legal status to young immigrants — stalled in Congress. He made broad use of his presidential powers, with as many as 1.7 million immigrants estimated to be eligible for deferrals.
The agency managing the program, Citizenship and Immigration Services, had only 60 days to prepare for the deluge of paperwork. The application form was first published on the Internet on Tuesday afternoon. Officials at the agency said on Wednesday that no major problems had been reported.
Immigrants must mail in the applications, which include a request for the deportation deferral and separate forms for a work permit. Agency officials and immigrant advocates have warned young people that there will be no appeals of applications that are denied, so they should have all their documents in order.
As a result, few applications were submitted on Wednesday. Most immigrants who turned out were seeking guidance about whether they would be eligible and what documents they needed to prove that they met the requirements. At the session at Navy Pier — famous for its Ferris wheel — organizers from the Illinois Coalition for Immigrant and Refugee Rights set up rows of tables in a ballroom where dozens of lawyers and volunteers offered free individual counseling.
Three prominent Illinois Democrats, all longtime supporters of the Dream Act, gathered at Navy Pier to mingle with the young immigrants and reap some of the political benefits from Mr. Obama’s initiative.
One of them, Senator Richard J. Durbin of Illinois, wrote the original Dream Act bill 11 years ago. Mr. Durbin, the Senate’s second-ranking Democrat, said he was elated to see the huge crowd. “You can’t stop this force,” Mr. Durbin said to applause from the immigrants. “This is a force of people who have grown up in this country and want to be part of its future. They are creating a moral force beyond a legal force.”
Another of the Democrats, Representative Luis Gutierrez, compared the scene at Navy Pier to the immigrants arriving at Ellis Island a century ago. “While they saw New York City then, today they see Chicago,” he said.
The third Democrat, Mayor Rahm Emanuel, who was Mr. Obama’s White House chief of staff, announced that the city had raised $275,000 in private donations for a college scholarship fund for immigrants who were granted deferrals. Mr. Emanuel pressed home his political point.
“Don’t let anybody tell you on a day like today that who sits in that Oval Office does not matter,” he said. Obama campaign strategists had hoped that halting the deportations would help the president among Hispanics, whose votes could be pivotal in several states.
Republicans have criticized the deportation deferrals as a form of backdoor amnesty for immigrants who broke the law. They say the effort to give work permits to so many of them is poorly timed, with the unemployment rate at more than 8 percent.
Some states greeted the initiative with less enthusiasm than Illinois. In Arizona, Gov. Jan Brewer, issued an executive order on Wednesday barring immigrants who are granted a reprieve from getting public benefits or obtaining drivers’ licenses.
She instructed state agencies to carry out whatever changes were necessary to safeguard “the intent of Arizona voters and lawmakers,” who have passed laws and approved ballot initiatives that prevent anyone other than legal residents from accessing taxpayer-financed benefits.
In New York, the City Council announced that it had set aside $3 million to provide free legal services to deferral applicants through a network of community organizations.
“The City Council has made this investment because we believe that undocumented immigrants have a right to an education and a safe and productive life here in the U.S.,” Speaker Christine C. Quinn said.

Steven Yaccino contributed reporting from Chicago, Fernanda Santos from Phoenix, and Kirk Semple from New York.
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A version of this article appeared in print on August 16, 2012, on page A1 of the New York edition with the headline: Young Illegal Immigrants Jump at a First Chance.