Federal Policy Allows Young Immigrants To Legally Stay In U.S.

STAFF PHOTO ANTHONY REYES 
Rubicely Hernandez, GEM program coordinator for the Hispanic Women’s Organization of Arkansas, makes a few phone calls Friday, for women interested in taking classes with the organization at her office in Springdale.

STAFF PHOTO ANTHONY REYES Rubicely Hernandez, GEM program coordinator for the Hispanic Women’s Organization of Arkansas, makes a few phone calls Friday, for women interested in taking classes with the organization at her office in Springdale.

Thursday, January 2, 2014

— Two graduates of Springdale high schools no longer have to worry what a knock on the door or blue lights in the rearview mirror might bring.

Rubicely Hernandez, 23, and Christian Cortes, 21, natives of Mexico, have documents proving they are in the U.S. legally. Both were brought to this country, without legal documents, by their parents.

At A Glance

Deferred Action For Childhood Arrivals

You may request consideration of deferred action for childhood arrivals if you:

Were younger than 31 as of June 15, 2012.

Came to the U.S. before 16th birthday.

Have continuously resided in the U.S. since June 15, 2007.

Were in the U.S. on June 15, 2012, and at the time of requesting consideration of deferred action.

Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012.

Are in school; have graduated or obtained a certificate of completion from high school; have obtained a general education development certificate; or are an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.

Haven't been convicted of a felony, significant misdemeanor, three or more other misdemeanors and don't otherwise pose a threat to national security or public safety.

Source: Department of Homeland Security

“It’s good not having the feeling that you have to hide,” Hernandez said. “I have identification that says I belong in the U.S. I can drive to work and school.”

The documents came from President Barack Obama’s policy called Deferred Action for Childhood Arrivals. It allows immigrants who came to the country as children to stay in the country legally until the policy expires.

There are 9,000 to 11,000 eligible immigrants in Arkansas, but only 3,900 have applied for the program, said Mireya Reith, executive director of Arkansas United Community Coalition. Of those applications, 3,100 have been approved.

Those approved for participation can get a Social Security number, a driver’s license, hold a job and go to school, Reith said.

“It makes me feel like I have a future where I can reach my potential,” said Cortes.

There are many kids gainfully and legally employed thanks to the program, said Kathryn Birkhead, director for diversity and inclusion at NorthWest Arkansas Community College.

Cortes and Hernandez are in school, but both have to pay out-of-state tuition fees.

“Even though I graduated from Har-Ber High School in 2010,” Hernandez said.

Hernandez graduated from NorthWest Arkansas Community College, she said, and is going to the University of Arkansas with a double major in cultural anthropology and Spanish.

The University of Arkansas charges out-of-state tuition to those admitted to the school who don't meet residency requirements, according to Steve Voorhies, university spokesman.

Deferred Action for Childhood Arrivals took effect in August 2012 to run for two years. Hearings will begin soon to renew the policy, Reith said.

Members of the local congressional delegation couldn't be reached for comment on the policy. Congressional offices are closed for the holidays.

Hernandez said she thinks the policy will be renewed for another two years. However, Obama will leave office eventually, and nobody knows what policy the next president will have, she said.

The policy doesn't include a method to gain permanent legal residence or to become a citizen, Reith said.

Returning to Mexico isn't something Cortes and Hernandez want to do, they said. Both want to become citizens, but don't qualify for a naturalization test, since they aren't permanent residents according to U.S. Citizenship and Immigration Services. To apply for a permanent resident card — a green card — they might have to leave the country, according to Immihelp.com.

“I barely remember Mexico,” Cortes said. “It would be a huge cultural shock to move there. Arkansas is my home now.”

Deferred Action for Childhood Arrivals was opposed by some immigration hardliners, such as Kris Kobach, attorney general of Kansas. He filed, as an attorney representing private clients, a federal lawsuit in 2012 trying to stop the program, according to the American Immigration Council.

The lawsuit claimed federal law required federal agents to begin deportation proceedings on any immigrant who entered the country illegally, according to the council. The Obama administration disputes the lawsuit’s claims.

The community coalition is scheduling meetings to educate immigrants about the policy, Reith said, with several set for rural areas where the percentage of those applying is very low. About 40 percent of immigrants live in rural areas, shesaid.

The coalition is also working on the passage of comprehensive immigration laws, she said, that would create a path for citizenship.