UPDATED May 13, 2019 – The Dream and Promise Act, introduced as H.R. 6 by Rep. Lucille Roybal-Allard (D-CA), and Reps. Yvette D. Clarke (D-NY) and Nydia M. Velazquez (D-NY), would protect Dreamers and recipients of Temporary Protected Status and Deferred Enforced Departure by providing them with a pathway to citizenship.
More than two million immigrants now live with the uncertainty of DACA (Deferred Action for Childhood Arrivals), TPS (Temporary Protected Status), and DED (Deferred Enforced Departure), threatened with termination of status and deportation. Liberian DED status, previously scheduled to end at the end of March, was extended at the last minute to 2020. While the administration has ordered an end to DACA and to protection for most TPS recipients, those orders are currently being challenged in courts across the country. All of the people living with DED, TPS, and DACA need the protection of a pathway to citizenship, rather than the uncertainty and fear of short-term statuses and a constant quest for extensions.
Lenore Millibergity, acting executive director of the Immigrant Law Center of Minnesota (ILCM) said:
“We need these immigrants. They have lived in the United States for decades, worked here, built homes and families here, and continue in so many ways to strengthen and enrich this country. Not only do we need their contributions: in fairness and justice, we owe them the protection of permanent legal residence and a path to citizenship.
“It’s time for Congress to act.”
No action has been taken on the Dream and Promise Act since its introduction and referral to committees. Congress needs to act now, rather than allowing these statuses to expire during the volatile 2020 election season.
At an investiture ceremony on January 17, 2019 Adam Yang was officially sworn in as a Ramsey County District Judge. He joins Judge Sophia Y. Vuelo and Judge P. Paul Yang as Minnesota’s third Hmong judge.
Yang is a former board member at ILCM. Before his election in November, Adam Yang served as a public defender in Hennepin County working in the Juvenile Justice Unit.
The ceremony began with “America the Beautiful” sung in three-part harmony by Neuchee, Mandy, and Jannie Chang. The opening remarks were given by The Honorable John H. Guthmann, Chief Judge, Second Judicial District. Comments were shared by Caryn Boisen, President of the Ramsey County Bar Association, and The Honorable Anne McKeig of the Minnesota Supreme Court, both of whom spoke of the strong feelings associated with “coming home.” McKeig noted, that home is “where our heart and soul always remain.”
“[Adam Yang] has the demeanor, he has the wisdom, he has the humanity, he has the people skills, and he understands the plight of those who come before the court,” said McKeig. “That itself is a gift to our legal community.”
Yang took his oath with two bibles, one in English and one in Hmong. His wife, Theresa, helped Yang into his robe and his daughter, Audrey held the bibles.
In his remarks, Yang echoed McKeig’s sentiment toward returning to the Second Judicial District. He said it is a “great place that echoes the voice of great judges past and present … I am home, in the place I started my legal profession.”
“I want people who come through my court … to know and feel that they’re being treated fairly,” he said. “That they are heard and respected.”
Yang ended his remarks by thanking his family and wife, “Behind a great man is a great woman. Behind a greater man is the greatest woman.”
March 8 2019—Nearly a million people live in the United States with the constant uncertainty of TPS, DED, and DACA status. While each is different in some details, all of these statuses provide temporary permission to live in the United States, with no path to permanent residence (green card) or citizenship. The Trump administration is trying to end all of these statuses. Some of its efforts have been delayed or stymied, in part, by lawsuits and court orders.
Deferred Enforced Departure (DED) status for Liberians ends on March 27, by order of the Trump administration. When DED ends, they will lose their work permission, Minnesota driver’s licenses, and their permission to stay in the United States. They will be vulnerable to deportation—away from the lives, homes, and families they have built over the past two decades.
Temporary Protected Status (TPS) holders from El Salvador, Haiti, Nicaragua, Sudan, Nepal, and Honduras also face an end to their status. A federal judge enjoined DHS from terminating TPS status for residents of Sudan, Nicaragua, Haiti, and El Salvador. That gives more than 300,000 people a temporary reprieve for as long as the injunction lasts. TPS for Hondurans will end on January 5, 2020, and TPS for Nepal will end on June 14, 2019. Some residents of South Sudan, Syria, Somalia, and Yemen also have TPS, with varying dates for expiration or extension.
DACA holders and DREAMers saw the administration try to end their status back in 2017. The courts ordered that people who already had Deferred Action for Childhood Arrivals (DACA) on or prior to September 5, 2017 could keep and extend their status, at least while litigation continues. No new DACA applications are allowed, which means that hundreds of thousands of DREAMers (immigrants who entered the United States without authorization as children) who had not yet been granted DACA status have no way forward.
According to the Miami Herald, members of the Congressional Hispanic Caucus have introduced legislation to provide a pathway to citizenship for DREAMers, and people with TPS and DED. Whatever the eventual fate of that legislation, it’s not going to pass in time to help Liberians with DED. They are in an even more precarious position, as DED status depends entirely on Trump: DED is a discretionary protection status enacted by the president.
DED holder Yatta Kiazolu, a PhD candidate at UCLA who has lived for 22 of her 28 years in the United States, testified at the House Judiciary Committee hearing on March 6. Her full testimony is available here. She said in part:
“25 days from now Liberian DED will end and my entire life will be interrupted. I have only visited Liberia once as a toddler and I have never lived in the country.
“I am here today to appeal to Congress to create a permanent solution on behalf of myself and the thousands of Liberians who have rebuilt their lives here in the United States. …
“I have been a recipient of both TPS and DED. If DACA had not been rescinded it is possible that I would have been a Dreamer, as well. The protection of these relief programs allowed me to maintain a stable and healthy life, despite living deadline to deadline. …
“Nothing I have accomplished thus far would be possible without the unwavering support of my family, who are here with me today. I am here because of the love and labor of my mother, grandmother, and aunties who, when I first arrived, were all working class Black immigrant women. They worked jobs that required them to stand on their feet for sometimes over 10 hours a day in order to protect me and offer me space to imagine, dream, and explore my world as a child should. Their resilience, hope, and lessons about goodwill inspire my graduate research about histories of Black women’s political activism . My grandmother used to say “When you do good, you don’t do it for yourself, you do it for God.”[pause] And with that philosophy as my personal mantra, though the majority of my family are now permanent residents and U.S. citizens, I am here for all the working class immigrants on DED, TPS, and are also DREAM-eligible. I am here for all young people like myself who have anxiety about their futures.
“If Congress allows DED to end in 25 days, I do not know what will happen to me.”
Yatta Kiazolu speaks not only for herself, but for nearly a million other immigrants whose lives depend on continuation of TPS, DED, and DACA—and ultimately, on what only Congress can do: creation of a path to citizenship for them.
You can call Congress and ask for a path to citizenship for Yatta and for all immigrants with TPS and DED and for all DREAMers.
at Driver’s Licenses for All launch on February 21, 2018
On February 21, at the Capitol, the Freedom to Drive MN coalition launched a campaign for passage of legislation to authorize driver’s licenses for all Minnesotans, regardless of immigration status. House Majority Leader Ryan Winkler, chief sponsor of the bill, spoke at the rally, as did Representatives Rod Hamilton (R-Mountain Lake) and Aisha Gomez (D-Minneapolis), who are two of 30 co-sponsors of the bill.
Veronica, a DACA recipient from Worthington, said she “wants to live a normal life,” but that’s hard to do. “They tell you go to clubs and that these activities can help you on your resume,” she said, but her mother doesn’t have a driver’s license and that makes it difficult to participate in such activities.
Alfreda Daniels, co-founder of the Black Immigrant Collective, talked about a Sudanese mother, who does not have a driver’s license and cannot drive her disabled daughter to medical appointments or playdates. She said many people in the black immigrant community do not have driver’s licenses.
Dave Buck, president of the Minnesota Milk Producers Association, and Liz Rammer, President and CEO of Hospitality Minnesota, spoke about the need for immigrant workers and for those employees to have driver’s licenses.
Prior to 2003, all Minnesotans who could pass the driving and written tests could obtain a driver’s license. The prohibition on licenses for unauthorized immigrants was imposed by then-Governor Pawlenty in 2003. Minnesota lawmakers have the power to reverse the 2003 decision, remove the ban, and support families and communities. In fact, lawmakers in at least 12 other states have already taken action to end the prohibition on undocumented immigrants obtaining licenses.
An estimated 95,000 undocumented immigrants live in Minnesota. More than half have lived in the United States for more than a decade. Some 10,000 have lived here for more than 20 years. Among adults, 72 percent are working and 33 percent own their own homes. Many are essential workers in health care, agriculture, and other fields.
Lack of a driver’s license means that everyday tasks like giving a neighbor a ride to church or picking up children from after-school activities or driving to the doctor’s office can result in potentially life-altering consequences. For these Minnesota residents, something as minor as being pulled over for a burned-out headlight can trigger a series of events that results in separation from their families and the loss of their homes and livelihoods. That uncertainty traumatizes children and takes a deep toll on families and communities.
The benefits of reducing obstacles to obtaining driver licenses will extend beyond immigrant families. Allowing all immigrants to obtain licenses will make Minnesota highways safer, result in insurance savings for a broad pool of drivers, and help businesses connect with workers who have skill sets that match employer needs.
Law enforcement supports creating access to driver’s licenses for all immigrants to be able to verify everyone’s identity, giving them greater ability to protect public safety. Allowing undocumented immigrants access to licenses would grant greater ability to enforce laws in immigrant communities. Allowing undocumented immigrants access to a license, a way to drive legally, and a way to identify themselves to law enforcement would increase trust between immigrant communities and law enforcement, leading to greater collaboration and cooperation.
Driver’s licenses would be distinctively marked as required under federal law and would not be valid for REAL ID purposes. Issuing licenses without proof of immigration status would not only benefit undocumented immigrants, but also those experiencing homelessness, the elderly, and other groups who may have difficulty obtaining hard-to-access documentation.
The Immigrant Law Center of Minnesota is a member of Freedom to Drive MN, a broad statewide coalition of nonprofit organizations, unions, immigrants’ rights advocates, community-based groups and collectives, faith-based organizations, workers’ rights advocates and businesses advocating for Driver’s Licenses for All Minnesotans.
