#ICEFail Update: Arizona Father Released by ICE and Reunited With Family

On the very same day that President Obama was giving a speech in Las Vegas about immigration, the family of Edi Arma García was trying to get the United States to not deport him. On January 14, ICE agents took Edi away as his children watched. Ever since then, immigration activists in Arizona and beyond worked the phone, signed petitions and even had a sit-in at congressional office of Rep. Ed Pastor (D-AZ) just hours before Edi was scheduled to be deported back to Guatemala.

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The push to release Edi even reached CNN’s Christiane Amanpour, who interviewed Edi’s 11-year-old and immigration activist Viridiana Hernandez.

Tonight news spread through social media circles that Arma would not be deported. According to reports, Arma was “given permission to stay in the country for one year but still faces the threat of deportation.”

Arma’s family received the news at Pastor’s office. The following Facebook picture shows José’s reaction.

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Tonight, the Facebook page of DreamActActivist.org posted a picture of a reunited family.

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Yes, the ending to this story was a happy one. For now. Welcome to Obama’s America.

VIDEO AND TRANSCRIPT: President’s Remarks on Comprehensive Immigration Reform

In case you missed it, here is what President Obama had to say about immigration today in Las Vegas.

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So, what do you think?

For Immediate Release January 29, 2013
REMARKS BY THE PRESIDENT

ON COMPREHENSIVE IMMIGRATION REFORM

Del Sol High School
Las Vegas, Nevada
11:40 A.M. PST

THE PRESIDENT: Thank you! (Applause.) Thank you! Thank you so much. (Applause.) It is good to be back in Las Vegas! (Applause.) And it is good to be among so many good friends.

Let me start off by thanking everybody at Del Sol High School for hosting us. (Applause.) Go Dragons! Let me especially thank your outstanding principal, Lisa Primas. (Applause.)

There are all kinds of notable guests here, but I just want to mention a few. First of all, our outstanding Secretary of the Department of Homeland Security, Janet Napolitano, is here. (Applause.) Our wonderful Secretary of the Interior, Ken Salazar. (Applause.) Former Secretary of Labor, Hilda Solis. (Applause.) Two of the outstanding members of the congressional delegation from Nevada, Steve Horsford and Dina Titus. (Applause.) Your own mayor, Carolyn Goodman. (Applause.)

But we also have some mayors that flew in because they know how important the issue we’re going to talk about today is. Marie Lopez Rogers from Avondale, Arizona. (Applause.) Kasim Reed from Atlanta, Georgia. (Applause.) Greg Stanton from Phoenix, Arizona. (Applause.) And Ashley Swearengin from Fresno, California. (Applause.)

And all of you are here, as well as some of the top labor leaders in the country. And we are just so grateful. Some outstanding business leaders are here as well. And of course, we’ve got wonderful students here, so I could not be prouder of our students. (Applause.)

Now, those of you have a seat, feel free to take a seat. I don’t mind.

AUDIENCE MEMBER: I love you, Mr. President!

THE PRESIDENT: I love you back. (Applause.)

Now, last week, I had the honor of being sworn in for a second term as President of the United States. (Applause.) And during my inaugural address, I talked about how making progress on the defining challenges of our time doesn’t require us to settle every debate or ignore every difference that we may have, but it does require us to find common ground and move forward in common purpose. It requires us to act.

I know that some issues will be harder to lift than others. Some debates will be more contentious. That’s to be expected. But the reason I came here today is because of a challenge where the differences are dwindling; where a broad consensus is emerging; and where a call for action can now be heard coming from all across America. I’m here today because the time has come for common-sense, comprehensive immigration reform. (Applause.) The time is now. Now is the time. Now is the time. Now is the time.

AUDIENCE: Sí se puede! Sí se puede!

THE PRESIDENT: Now is the time.

I’m here because most Americans agree that it’s time to fix a system that’s been broken for way too long. I’m here because business leaders, faith leaders, labor leaders, law enforcement, and leaders from both parties are coming together to say now is the time to find a better way to welcome the striving, hopeful immigrants who still see America as the land of opportunity. Now is the time to do this so we can strengthen our economy and strengthen our country’s future.

Think about it — we define ourselves as a nation of immigrants. That’s who we are — in our bones. The promise we see in those who come here from every corner of the globe, that’s always been one of our greatest strengths. It keeps our workforce young. It keeps our country on the cutting edge. And it’s helped build the greatest economic engine the world has ever known.

After all, immigrants helped start businesses like Google and Yahoo!. They created entire new industries that, in turn, created new jobs and new prosperity for our citizens. In recent years, one in four high-tech startups in America were founded by immigrants. One in four new small business owners were immigrants, including right here in Nevada — folks who came here seeking opportunity and now want to share that opportunity with other Americans.

But we all know that today, we have an immigration system that’s out of date and badly broken; a system that’s holding us back instead of helping us grow our economy and strengthen our middle class.

Right now, we have 11 million undocumented immigrants in America; 11 million men and women from all over the world who live their lives in the shadows. Yes, they broke the rules. They crossed the border illegally. Maybe they overstayed their visas. Those are facts. Nobody disputes them. But these 11 million men and women are now here. Many of them have been here for years. And the overwhelming majority of these individuals aren’t looking for any trouble. They’re contributing members of the community. They’re looking out for their families. They’re looking out for their neighbors. They’re woven into the fabric of our lives.

Every day, like the rest of us, they go out and try to earn a living. Often they do that in a shadow economy — a place where employers may offer them less than the minimum wage or make them work overtime without extra pay. And when that happens, it’s not just bad for them, it’s bad for the entire economy. Because all the businesses that are trying to do the right thing — that are hiring people legally, paying a decent wage, following the rules — they’re the ones who suffer. They’ve got to compete against companies that are breaking the rules. And the wages and working conditions of American workers are threatened, too.

So if we’re truly committed to strengthening our middle class and providing more ladders of opportunity to those who are willing to work hard to make it into the middle class, we’ve got to fix the system.

We have to make sure that every business and every worker in America is playing by the same set of rules. We have to bring this shadow economy into the light so that everybody is held accountable — businesses for who they hire, and immigrants for getting on the right side of the law. That’s common sense. And that’s why we need comprehensive immigration reform. (Applause.)

There’s another economic reason why we need reform. It’s not just about the folks who come here illegally and have the effect they have on our economy. It’s also about the folks who try to come here legally but have a hard time doing so, and the effect that has on our economy.

Right now, there are brilliant students from all over the world sitting in classrooms at our top universities. They’re earning degrees in the fields of the future, like engineering and computer science. But once they finish school, once they earn that diploma, there’s a good chance they’ll have to leave our country. Think about that.

Intel was started with the help of an immigrant who studied here and then stayed here. Instagram was started with the help of an immigrant who studied here and then stayed here. Right now in one of those classrooms, there’s a student wrestling with how to turn their big idea — their Intel or Instagram — into a big business. We’re giving them all the skills they need to figure that out, but then we’re going to turn around and tell them to start that business and create those jobs in China or India or Mexico or someplace else? That’s not how you grow new industries in America. That’s how you give new industries to our competitors. That’s why we need comprehensive immigration reform. (Applause.)

Now, during my first term, we took steps to try and patch up some of the worst cracks in the system.

First, we strengthened security at the borders so that we could finally stem the tide of illegal immigrants. We put more boots on the ground on the southern border than at any time in our history. And today, illegal crossings are down nearly 80 percent from their peak in 2000. (Applause.)

Second, we focused our enforcement efforts on criminals who are here illegally and who endanger our communities. And today, deportations of criminals is at its highest level ever. (Applause.)

And third, we took up the cause of the DREAMers — (applause) — the young people who were brought to this country as children, young people who have grown up here, built their lives here, have futures here. We said that if you’re able to meet some basic criteria like pursuing an education, then we’ll consider offering you the chance to come out of the shadows so that you can live here and work here legally, so that you can finally have the dignity of knowing you belong.

But because this change isn’t permanent, we need Congress to act — and not just on the DREAM Act. We need Congress to act on a comprehensive approach that finally deals with the 11 million undocumented immigrants who are in the country right now. That’s what we need. (Applause.)

Now, the good news is that for the first time in many years, Republicans and Democrats seem ready to tackle this problem together. (Applause.) Members of both parties, in both chambers, are actively working on a solution. Yesterday, a bipartisan group of senators announced their principles for comprehensive immigration reform, which are very much in line with the principles I’ve proposed and campaigned on for the last few years. So at this moment, it looks like there’s a genuine desire to get this done soon, and that’s very encouraging.

But this time, action must follow. (Applause.) We can’t allow immigration reform to get bogged down in an endless debate. We’ve been debating this a very long time. So it’s not as if we don’t know technically what needs to get done. As a consequence, to help move this process along, today I’m laying out my ideas for immigration reform. And my hope is that this provides some key markers to members of Congress as they craft a bill, because the ideas I’m proposing have traditionally been supported by both Democrats like Ted Kennedy and Republicans like President George W. Bush. You don’t get that matchup very often. (Laughter.) So we know where the consensus should be.

Now, of course, there will be rigorous debate about many of the details, and every stakeholder should engage in real give and take in the process. But it’s important for us to recognize that the foundation for bipartisan action is already in place. And if Congress is unable to move forward in a timely fashion, I will send up a bill based on my proposal and insist that they vote on it right away. (Applause.)

So the principles are pretty straightforward. There are a lot of details behind it. We’re going to hand out a bunch of paper so that everybody will know exactly what we’re talking about. But the principles are pretty straightforward.

First, I believe we need to stay focused on enforcement. That means continuing to strengthen security at our borders. It means cracking down more forcefully on businesses that knowingly hire undocumented workers. To be fair, most businesses want to do the right thing, but a lot of them have a hard time figuring out who’s here legally, who’s not. So we need to implement a national system that allows businesses to quickly and accurately verify someone’s employment status. And if they still knowingly hire undocumented workers, then we need to ramp up the penalties.

Second, we have to deal with the 11 million individuals who are here illegally. We all agree that these men and women should have to earn their way to citizenship. But for comprehensive immigration reform to work, it must be clear from the outset that there is a pathway to citizenship. (Applause.)

We’ve got to lay out a path — a process that includes passing a background check, paying taxes, paying a penalty, learning English, and then going to the back of the line, behind all the folks who are trying to come here legally. That’s only fair, right? (Applause.)

So that means it won’t be a quick process but it will be a fair process. And it will lift these individuals out of the shadows and give them a chance to earn their way to a green card and eventually to citizenship. (Applause.)

And the third principle is we’ve got to bring our legal immigration system into the 21st century because it no longer reflects the realities of our time. (Applause.) For example, if you are a citizen, you shouldn’t have to wait years before your family is able to join you in America. You shouldn’t have to wait years. (Applause.)

If you’re a foreign student who wants to pursue a career in science or technology, or a foreign entrepreneur who wants to start a business with the backing of American investors, we should help you do that here. Because if you succeed, you’ll create American businesses and American jobs. You’ll help us grow our economy. You’ll help us strengthen our middle class.

So that’s what comprehensive immigration reform looks like: smarter enforcement; a pathway to earned citizenship; improvements in the legal immigration system so that we continue to be a magnet for the best and the brightest all around the world. It’s pretty straightforward.

The question now is simple: Do we have the resolve as a people, as a country, as a government to finally put this issue behind us? I believe that we do. I believe that we do. (Applause.) I believe we are finally at a moment where comprehensive immigration reform is within our grasp.

But I promise you this: The closer we get, the more emotional this debate is going to become. Immigration has always been an issue that enflames passions. That’s not surprising. There are few things that are more important to us as a society than who gets to come here and call our country home; who gets the privilege of becoming a citizen of the United States of America. That’s a big deal.

When we talk about that in the abstract, it’s easy sometimes for the discussion to take on a feeling of “us” versus “them.” And when that happens, a lot of folks forget that most of “us” used to be “them.” We forget that. (Applause.)

It’s really important for us to remember our history. Unless you’re one of the first Americans, a Native American, you came from someplace else. Somebody brought you. (Applause.)

Ken Salazar, he’s of Mexican American descent, but he points that his family has been living where he lives for 400 years, so he didn’t immigrate anywhere. (Laughter.)

The Irish who left behind a land of famine. The Germans who fled persecution. The Scandinavians who arrived eager to pioneer out west. The Polish. The Russians. The Italians. The Chinese. The Japanese. The West Indians. The huddled masses who came through Ellis Island on one coast and Angel Island on the other. (Applause.) All those folks, before they were “us,” they were “them.”

And when each new wave of immigrants arrived, they faced resistance from those who were already here. They faced hardship. They faced racism. They faced ridicule. But over time, as they went about their daily lives, as they earned a living, as they raised a family, as they built a community, as their kids went to school here, they did their part to build a nation.

They were the Einsteins and the Carnegies. But they were also the millions of women and men whose names history may not remember, but whose actions helped make us who we are; who built this country hand by hand, brick by brick. (Applause.) They all came here knowing that what makes somebody an American is not just blood or birth, but allegiance to our founding principles and the faith in the idea that anyone from anywhere can write the next great chapter of our story.

And that’s still true today. Just ask Alan Aleman. Alan is here this afternoon — where is Alan? He’s around here — there he is right here. (Applause.) Alan was born in Mexico. (Applause.) He was brought to this country by his parents when he was a child. Growing up, Alan went to an American school, pledged allegiance to the American flag, felt American in every way — and he was, except for one: on paper.

In high school, Alan watched his friends come of age — driving around town with their new licenses, earning some extra cash from their summer jobs at the mall. He knew he couldn’t do those things. But it didn’t matter that much. What mattered to Alan was earning an education so that he could live up to his God-given potential.

Last year, when Alan heard the news that we were going to offer a chance for folks like him to emerge from the shadows — even if it’s just for two years at a time — he was one of the first to sign up. And a few months ago he was one of the first people in Nevada to get approved. (Applause.) In that moment, Alan said, “I felt the fear vanish. I felt accepted.”

So today, Alan is in his second year at the College of Southern Nevada. (Applause.) Alan is studying to become a doctor. (Applause.) He hopes to join the Air Force. He’s working hard every single day to build a better life for himself and his family. And all he wants is the opportunity to do his part to build a better America. (Applause.)

So in the coming weeks, as the idea of reform becomes more real and the debate becomes more heated, and there are folks who are trying to pull this thing apart, remember Alan and all those who share the same hopes and the same dreams. Remember that this is not just a debate about policy. It’s about people. It’s about men and women and young people who want nothing more than the chance to earn their way into the American story.

Throughout our history, that has only made our nation stronger. And it’s how we will make sure that this century is the same as the last: an American century welcoming of everybody who aspires to do something more, and who is willing to work hard to do it, and is willing to pledge that allegiance to our flag.

Thank you. God bless you. And God bless the United States of America. (Applause.)

END 12:05 P.M. PST

VIDEO: “An Open Letter to Barack Obama: I Ain’t Mad at You” by The Peace Poets

Here’s a song we got late last night. It’s from The Peace Poets, New York-based group that uses “music and poetry in our collective struggle for justice.”

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The Peace Poets published the video this week. It is an open letter to President Obama, and it’s called “I Ain’t Mad at You.” We do think they express the views of many people of color who still believe that the President needs to step up his game. Give it a listen and tell us what you think.

Obama Tells Spain’s Agencia Efe That He Has No Regrets About Not Fulfilling Immigration Pledge

This past Thursday, President Obama sat down with Spain's Agencia Efe. The full interview can be found in Spanish here. We have provided Spanish and English transcripts of the two sections that we think would interest our readers: what the President had to say about immigration reform and about his administration's relationship with Latin America.

Here is a portion of the interview in Spanish, as reported by Agencia Efe:

P. Usted ha logrado muchas cosas, pero los republicanos e, incluso, gente de su base electoral le critican por haber hecho promesas que no ha sido capaz de cumplir, como la reforma migratoria. ¿Lamenta haber hecho esa promesa y no haber sido capaz de realizarla durante su mandato?

R. No, porque lo que un presidente hace o lo que un candidato a presidente hace es diseñar la agenda de hacia dónde quieres conducir a tu país, una visión de cómo reforzaremos nuestro país, y en mi caso mi visión siempre ha sido qué hacemos para crear una clase media robusta, oportunidades para ascender a la clase media.

Y la agenda que he presentado es una que busca asegurar que cualquiera que trabaje duro en este país, pueda tener éxito. Independientemente de la raza, la religión, su pasado, que puedan tener acceso a una buena educación, que puedan adquirir la preparación que necesitan, que puedan encontrar un trabajo con el que pagar las facturas, que puedan tener una casa, enviar a sus hijos a la universidad.

Si ve las promesas que hice en 2008, hemos logrado muchas de ellas: acabar la guerra en Irak, salvar a una industria automovilística al borde de la extinción, aprobar una reforma sanitaria integral que ofrecerá a millones de personas adicionales acceso al seguro de salud, incluidos los nueve millones de latinos que trabajan duro y que tienen dificultades para obtener seguro médico en el trabajo, reformar nuestro programa de préstamos estudiantiles para que millones de jóvenes puedan obtener el respaldo que necesitan.

Hay algunas cosas como la reforma migratoria integral que todavía no hemos hecho. Pero en el 2008 no prometí que completaría todo al final de mi primer mandato. Dije que comenzaríamos a trabajar en todas estas cosas.

Estoy seguro de que la agenda que he presentado ahora de conseguir crear de nuevos puestos de trabajo manufactureros en nuestro país, lograr que la universidad sea más asequible, continuar reformando nuestras escuelas, volver a contratar a profesores para que no tengamos clases abarrotadas, continuar desarrollando energías limpias que reducen nuestra dependencia del petróleo extranjero, acabar la guerra en Afganistán. Ésas son todas cosas que podemos lograr. Eso contrasta con la agenda que ha presentado el otro bando.

P. Muchos votantes hispanos tienen la sensación de que ha dejado Ud. aparcados a México y a otros puntos calientes de Latinoamérica. Me pregunto, en caso de que Ud. gane un segundo mandato, ¿planea Ud. hacer una gira por la región para tratar de subrayar los lazos entre EE.UU. y Latinoamérica? ¿Cuál es su mensaje para los votantes hispanos que siguen atentamente las noticias de sus países de origen?

R. Tenga en cuenta que he hecho varios viajes para participar en la Cumbre de las Américas, más recientemente a Brasil, Chile y El Salvador y estuve hace poco en México para la cumbre del G20.

Y en lo que he hecho hincapié durante esos viajes es en la importancia de reforzar los vínculos entre EE.UU. y los países de Latinoamérica y el Caribe.

En términos muy concretos, hemos hecho alianzas en temas de seguridad, para hacer frente al tráfico de drogas transnacional, en temas energéticos centrados en cómo podemos desarrollar mayor eficiencia energética y energía más limpia, ampliar el comercio mediante la firma de acuerdos de libre comercio con Colombia y Panamá y realmente hacer hincapié en los intercambios entre gente joven que crean vínculos tan fuertes entre EE.UU. y la región.

O sea, que no solo no la hemos descuidado, sino que hemos sido muy enérgicos a la hora de tratar de ampliar esas relaciones. El comercio ha aumentado significativamente entre EE.UU. y Latinoamérica desde que asumí la presidencia.

Espero volver a viajar allí otra vez. Va a ser una región de un gran crecimiento con enormes oportunidades pero también enormes desafíos.

Y por ejemplo nuestra cooperación con México a la hora de lidiar con el tráfico de drogas transnacional no tiene precedentes y continuaremos esa línea con la nueva administración.

Here is the English transcript as reported by some outlets that cover Latin American news and politics:

Q. You’ve accomplished a lot but then critics, Republicans, and even people from your base, criticize you for making promises that you weren’t able to fulfill, like immigration reform. Do you regret having made that promise and not being able to deliver it in your first term?

A. No, because what a president does, or what a candidate for president does is you lay out an agenda of where you want to take your country, a vision for how we would strengthen the country and, in my case, my vision has always been: how do we create a strong middle class, ladders of opportunity into the middle class.

And the agenda that I put forward is one that is designed to make sure that anybody who works hard in this country, can make it. Regardless of race, religion, background, that they have access to a good education, that they can get the skills they need, that they can find a job that pays the bills, they can own a home, send their kids to college.

If you look at the promises that I made back in 2008, we have achieved many of them: ended the war in Iraq, saved an auto industry on the brink of extinction, passed comprehensive health care reform which will provide millions of more people access to health insurance, including nine million Latinos who work so hard and have difficulty getting health insurance on the job, reforming our student loans program so that millions of more young people are able to get the support that they need.

There are some things like comprehensive immigration reform that we have not got done yet. But in 2008 I didn’t promise that I would have everything completed by the end of the first term. I said that we would begin work on all these things.

I’m confident that the agenda I’ve put forward now, bringing … manufacturing jobs back home, making college more affordable, continu(ing) to reform our schools, rehiring teachers so that we don’t have overcrowded classrooms, continuing to develop clean energy that reduces our dependence on foreign oil, ending the war in Afghanistan, these are all things that we can accomplish. It’s in stark contrast to the agenda that’s being presented by the other side.

Q. Many Hispanic voters, talking about international crises, feel that you have somehow put Mexico and other hotspots in Latin America on the back burner. So I’m wondering, should you win a second term, if you plan on making a tour of the region, reemphasizing the ties between the U.S. and Latin America? What is your message to Hispanic voters who are constantly following the news in their home countries? 

A. Keep in mind that I’ve taken a number of trips, to participate in the Summit of the Americas, most recently to Brazil, Chile, and El Salvador, and I was just in Mexico for the G20 summit.

And throughout these trips what I’ve emphasized is the importance of strengthening bonds and ties between the U.S. and all the countries throughout Latin America and the Caribbean. In very concrete terms, we have partnered on security issues, to dealing with (the) transnational drug trade, to energy issues focused on how we can develop greater energy efficiency and more clean energy, expanding trade by signing free trade deals with Colombia and Panama, and really emphasizing exchanges between young people which create such a strong bond between the U.S. and the region. So we have (not) only not neglected it, we’ve actually been very aggressive in trying to expand those relationships. Trade is significantly up between the U.S. and Latin America since I took on the presidency.

I expect that I will travel there again. This is going to be a huge growth region with enormous opportunities but also enormous challenges.

So, for example, our cooperation with Mexico on dealing with (the) transnational drug trade is unprecedented and we’ll continue to build on that with the new administration.

In 2008, candidate Obama said the following:

Compare what candidate Obama said in 2008 with what President Obama said in the Agencia Efe interview. You would think that the spin coming out now should be a bit more truthful. Just say the truth, Mr. President. It's ok that you might have some regrets. 

As the Deferred Action Process Begins for Young DREAMers, There Is Still so Much Work to Be Done

Tomorrow August 15, the United States government will initiate a deferred action process providing temporary relief from possible deportation to young people "who were brought into this country through not fault of their own." The June 15 executive action announced by President Obama, which was praised immigration advocates but also seen a sly and cynical election year move, could eventually benefit an estimated 1.7 million people under 30 years old who have been living in an undocumented limbo.

Immigration advocacy groups have been sharing deferred action FAQS and information to the public. Coverage about this announcement has been steady, and for many of those you have been fighting for a significant change in this country's immigration system, there is cause to reflect and celebrate.

However, the US government and the Obama administration are still sending mixed messages that confirm that even with the deferred action decision, there is still more work to be done.

Take the example of Sergio García, an 35-year-old undocumented man who was recently denied by the US Justice Department a chance to practice law in California. As the LA Times reported:

In a brief to the California Supreme Court, the U.S. Department of Justice said federal law prohibits giving a public benefit, such as a bar license, to an "unlawfully present alien." 

The federal law was "plainly designed to preclude undocumented aliens from receiving commercial and professional licenses issued by states and the federal government," a lawyer for the Justice Department wrote in a brief requested by the state high court. T

he Justice Department's position surprised and dismayed some supporters of Sergio C. Garcia, 35, the immigrant who has passed the bar examination but cannot be licensed unless the state's highest court approves.

In a long line of friend-of-the court briefs, only the federal government and a former state bar prosecutor have opposed Garcia's licensing.

What must be noted about García is that after his father became a US citizen, he sponsored his son for a green card and permanent status. That was 18 years ago, and according the Times, "the application is still pending."

García is one of many current stories that continue to expose the flaws of this country's immigration system. In Sacramento, for example, there is the story of the "tamale lady" out of Sacramento that we shared with out Facebook community in late July.

The story appeared in several Spanish-language outlets, before getting picked up by English-language outlets as well as a Ruben Navarrette Jr. column on August 2. However, the story of Juana Reyes tended to be buried by Olympicmania. Here is what Sacramento's newsreview.com reported on July 26:

This story of the United States’ effort to deport a south Sacramento Walmart tamale lady has blown up in the Spanish-speaking media. La Opinión recently did a feature on Reyes. And one of Univision national’s lead reporters, Luis Megid, interviewed her, too. In the Hispanic and Latino communities, Reyes has become an election-year symbol of all that’s wrong and broken with America’s immigration policy.

And outrage, it seems, is the only hope for Reyes to stay in Sacramento and not be deported. Immigration court cases can take anywhere from three to five years, says attorney Julia Vera, who adds that she has very few options in defending her client. Reyes’ best chance hinges on the concept of “prosecutorial discretion.”

Each year, ICE throws out some 4,000 cases based on certain criteria, including but not limited to whether the defendant has a clean arrest record, has been in the country for more than a decade, and also has strong family and community ties. Reyes meets all these conditions. But ICE hears millions of cases.

“Our chances of getting prosecutorial discretion are slim to none,” Julia Vera told SN&R. Other options, such as “cancellation” or “affirmative relief,” are even less probable.

Advocates and attorneys point out that, if Reyes had been arrested another time, say later this year, she’d probably be free to go under California’s TRUST Act, which recently was approved by the state Senate and likely will be inked by Gov. Brown. Written by Assemblyman Tom Ammiano, the TRUST Act is a counter to Arizona’s anti-immigration law that specifically limits local governments’ ability to hold individuals for deportation if they are not a threat to public safety.

Tamales can be hot sometimes, yes, but generally are not considered a menace to society. But it’s too soon for TRUST. And so Reyes’ best hope is in the court of public opinion.

And that the general public is increasingly outraged upon hearing her story. Law-abiding but illegal-immigrant tamale lady arrested, has kids taken away for selling tamales outside of a Sacramento Walmart—it’s a compelling narrative, and especially here in California, a state that prides itself on being a step or two more progressive than the rest of the nation. Reyes’ backers at the rally last week, including current city council candidate Rob Kerth, argued that her case is an extreme interpretation of immigration law that has no place in the Golden State. Or, as Jon Rodney with the California Immigration Policy Center announced to media and supporters last week: “I think we need to remember that we have a broken immigration system in this country.”

These two California stories both speak to the same issue:  our immigration system is broken, and because of it, many in this country are programmed to just break the system entirely and put a fence around the country (well, at least the southern party of the country). As a result, the nativist mindset continues to become more and more engrained in the minds of many.

Case in point: Samuel “Joe the Plumber” Wurzelbacher, who is running for as a Republican candidate for Congress out of Ohio, told a crowd of about 125 supporters in Arizona that the government should “put a damn fence on the border going with Mexico and start shooting.” That type of extremism just adds fuel to the ignorant fire, and we are still wondering why a candidate in an Ohio election is speaking in Arizona.

The reality is that the "Joe the Plumber" story is becoming more and more common. The issues, anger and emotions about immigration are now being tossed about everywhere. Take for example, tonight, according to local reports, the head of Charlotte-Mecklenburg's school board is trying to stem off a push by three Republican school board members to check the immigration status of the district's students:

CMS board Chairman Ericka Ellis-Stewart said in a statement emailed Tuesday afternoon that she is disturbed by the proposal. She noted that it asks that CMS to “quantify the financial impact on the Mecklenburg County Budget of illegal immigrants who attend CMS.” She said it also asks CMS to obtain documentation about students’ immigration status beginning with the start of the 2012 school year. 

In her statement, Ellis-Stewart said what the proposal asks CMS to do is illegal. “We are barred by federal law from inquiring about the citizenship or residency status of our students,” she wrote.

She added that the proposal makes no similar request of county agencies.

In an earlier e-mail, [Republican Commissioner Bill] James had said the 1982 Supreme Court decision Plyler v. Doe may require illegal immigrant students to attend K-12 schools, but he added: “There isn’t anything that prevents us from figuring out the cost and sending a bill to the Mexican government for the education of their young.”

So to the DREAMers, we say, ¡enhorabuena! But the fight continues. Will our nation's leaders (and this means you too, Mr. President) really try to enact more realistic and comprehensive immigration laws that take into account the real lives of real people who have been in this country for years, or will we become of country of Joe the Plumbers who want to send education bills to Mexico?

That is where we are at. And although tomorrow's deferred action is a good first step, we are still so far away from take a huge leap into reforming this country's immigration laws.

Immigration is Center Stage for President Obama…Again

The day after Mitt Romney spoke to the National Association of Latino Elected and Appointed Officials (NALEO) in Orlando, President Obama made his remarks. Did we not hear this message before in 2008? We will see, Mr. President, we will see.

CREDIT: NALEO

Let the ¡PANDERFIESTA! begin!

 

 

THE PRESIDENT: Thank you. Gracias! (Applause.) Thank you so much. Thank you. Everybody please have a seat. Ah, it is good to be back at NALEO. Qué placer estar aquí con tantos amigos. (Applause.) It is wonderful to see a lot of good friends from all across the country. It is nice to be at Disney World. This is now the second time I’ve come to Disney World without my daughters. They are not happy with me. (Laughter.)

I want to thank Secretary Solis for the introduction, and for her hard work. She is one of the best Labor Secretaries we have ever had and she is thinking about you each and every day. (Applause.) I want to thank Sylvia and Arturo for their outstanding leadership. Arturo, happy early birthday. (Applause.) I will not sing — don’t worry. (Laughter.) Welcome to the other side of the hill. (Laughter.)

And it is especially good to have Ambassador Mari Carmen Aponte here with us. We are very proud of her. (Applause.) When the Senate refused to confirm Mari, I sent her to El Salvador anyway — (laughter) — because I knew she was going to do an outstanding job. And she has. And I’m glad to see the Senate finally confirmed her last week. So she’s now official. (Applause.)

Last but not least, I want to thank all of you. It’s always nice to get out of Washington. It’s nice to get a little Florida sunshine. But it’s especially nice to see folks who have devoted themselves to serving their communities and their country — who’ve dedicated themselves to making people’s lives just a little bit better each and every day, at every level — school board, state legislatures, county boards. You guys are where the rubber hits the road. And I’ve had a chance to see many of you in your local communities and hear the stories of all your efforts and all your hopes and all your dreams — and also some of your frustrations and the hardships that are taking place.

Yesterday, your featured speaker came here and said that the election in November isn’t about two people. It’s not about being a Republican or a Democrat or an independent. It is about the future of America. And while we’ve got a lot of differences, he and I, on this point I could not agree more. This is about America’s future. The defining issue of our time is whether we carry forward the promise that has drawn generations of immigrants to our shores, from every corner of the globe, sometimes at great risk — men and women drawn by the promise that no matter who you are, no matter what you look like, no matter where you come from, no matter what your last name, this is a place where you can make it if you try. This is a place where you can make it if you try.

And whether our ancestors arrived on the Mayflower or were brought here on slave ships, whether they signed in at Ellis Island or they crossed the Rio Grande, their diversity has not only enriched this country, it helped build the greatest economic engine the world has ever known.

Hungry people, striving people, dreamers, risk-takers. People don’t come here looking for handouts. We are a nation of strivers and climbers and entrepreneurs — the hardest-working people on Earth. And nobody personifies these American values, these American traits, more than the Latino community. That’s the essence of who you are. (Applause.)

All we ask for is that hard work pays off, that responsibility is rewarded, so that if these men and women put in enough effort, they can find a good job, own their own home, send their kids to college — let their kids dream even bigger — put away a little bit for retirement, not go bankrupt when you get sick.

And I ran for this office because for more than a decade, that dream had been slipping away from too many Americans. Before I even took office, the worst economic crisis of our lifetimes pushed it even further from reach — particularly for a lot of Latino communities, which had already faced higher unemployment and higher poverty rates.

So the question is not whether we need to do better. Of course the economy isn’t where it needs to be. Of course there’s still too many who struggle. We’ve got so much more work to do. But the question is: How do we make the economy grow faster? How do we create more jobs? How do we create more opportunity? The question is: What vision are we going to stand up for? Who are we going to fight for?

That’s what we have to decide right now. That’s what this election is about. Who are we fighting for? What vision of America do we believe in?

If America is about anything, it’s about passing on even greater opportunity to our children. It’s about education. And that’s why I expanded Pell Grants — which will give an additional 150,000 children in the Latino community a chance to go to college. (Applause.) That’s why I’ve invested in our community colleges, which are a gateway to a good job for so many Hispanic Americans — Americans of every stripe. (Applause.)

That’s why schools in almost every state — some in the toughest neighborhoods around — have answered our challenge to raise their standards for teaching and learning — not by teaching to a test, but by expanding creativity, and improving curriculums, and focusing more on kids who are hardest to reach so that we give every child a fighting chance. That’s part of the vision of America that we believe in.

In this country, we believe that if you want to take a risk on a new idea, you should have the chance to succeed. And you shouldn’t have to have wealthy parents in order to be successful. Latino-owned businesses have been the fastest-growing small businesses, and we’ve cut their taxes 18 times. (Applause.) We’ve expanded new loans and new credit so they can grow and they can hire. That’s the vision we believe in.

In America, we believe you shouldn’t go broke because you get sick. Hardworking people out there — sometimes two jobs, three jobs — still don’t have health insurance. If you did have health insurance, insurance companies were able to discriminate against certain patients. That was wrong. It was wrong to let insurance companies just jack up premiums for no reason, and to have millions of working Americans uninsured – with the Latino community having the highest rate of uninsured of any community in the country.

So after a century of trying, we finally passed reform that will make health care affordable and available for every American. (Applause.) That was the right thing to do. That was the right thing to do. That was the right thing to do. (Applause.)

Now, we’re not done yet. We’ve got more to do. We need to put more good teachers in our classrooms. (Applause.) We need to get colleges and universities to bring down the cost of tuition to make it more affordable for more young people. (Applause.)

We need to invest in new research and innovation — especially new sources of energy and high-tech manufacturing. We need to put people back to work rebuilding our roads and our highways and our runways. Construction jobs can have a huge ripple effect in communities all across the country. And nobody knows it better than state and local officials. You know the difference it makes. And with the housing bubble bursting, we’ve got tens of thousands of construction workers just ready and eager to get to work.

We need to give families in hard-hit housing markets like Florida and Nevada the chance to refinance and save $3,000 a year on their mortgage. That’s good for those families. It’s good for the housing market. It’s good for the surrounding community. There’s no reason why Congress hasn’t already done it. (Applause.)

Instead of just talking a big game about “job creators,” we should give small business owners a tax break for hiring more workers or for paying higher wages. Instead of rewarding companies that ship jobs overseas, we should take that money and use it to cover moving expenses for companies who are bringing jobs back to America. (Applause.)

On almost every issue of concern to your community, to every community, what’s holding us back isn’t a lack of big ideas. It’s not a lack of technical solutions. By now, just about every policy and proposal has been laid out on the table. What’s holding us back is a stalemate — a stalemate in Washington between two fundamentally different views of which direction we should go.

The Republicans who run Congress, the man at the top of their ticket, they don’t agree with any of the proposals I just talked about. They believe the best way to grow the economy is from the top down. So they want to roll back regulations, and give insurance companies and credit card companies and mortgage lenders even more power to do as they please. They want to spend $5 trillion on new tax cuts — including a 25-percent tax cut for every millionaire in the country. And they want to pay for it by raising middle-class taxes and gutting middle-class priorities like education and training and health care and medical research.

And that’s it. That’s it. That’s their economic plan. When they tell you they can do better, that’s their idea of doing better. When they tell you they know how to fix the economy, that’s exactly how they plan to do it. And I think they’re wrong. I think they’re wrong. (Applause.)

In this country, prosperity has never come from the top down — it comes from a strong and growing middle class, and creating ladders of opportunity for all those who are striving to get into the middle class. It comes from successful, thriving small businesses that over time grow into medium-size and then large businesses.

We don’t need more top-down economics. What we need is a better plan for education and training, and energy independence, and innovation, and infrastructure that can rebuild America. What we need is a tax code that encourages companies to create jobs and manufacturing here in the United States, and, yes, asks the wealthiest Americans to help pay down the deficit. (Applause.) That’s what’s needed. (Applause.)

And what’s also needed is immigration reform that finally lives up to our heritage as a nation of laws and as a nation of immigrants, and continues the American story of renewal and energy and dynamism that’s made us who we are. (Applause.)

I mean, think about it. You and I both know one of America’s greatest strengths has always been our ability to attract talented, hardworking people who believe in this country, who want to help make it stronger. That’s what keeps us young. That’s what keeps us dynamic and energized. That’s what makes us who we are.

But our current immigration system doesn’t reflect those values. It allows the best and brightest to study here, but then tells them to leave, start companies somewhere else. It punishes immigrants and businesses who play by the rules, and fails to address the fact that there are too many who don’t. It separates families and it denies innocent young people the chance to earn an education or serve in the uniform of the country they love.

Now, once again, the problem is not the lack of technical solutions. We know what the solutions are to this challenge. Just six years ago, an unlikely trio — John McCain, Ted Kennedy, President Bush — came together to champion comprehensive immigration reform. (Applause.) I, along with a lot of Democrats, were proud to join 23 Senate Republicans in voting for it. Today, those same Republicans have been driven away from the table by a small faction of their own party. It’s created the same kind of stalemate on immigration reform that we’re seeing on a whole range of other economic issues. And it has given rise to a patchwork of state laws that cause more problems than they solve and are often doing more harm than good. (Applause.)

Now, this makes no sense. It’s not good for America. And as long as I am President of the United States, I will not give up the fight to change it.

In the face of a Congress that refuses to do anything on immigration, I’ve said that I’ll take action wherever I can. So my administration has been doing what we can, without the help in Congress, for more than three years now. And last week, we took another step. On Friday, we announced that we’re lifting the shadow of deportation from deserving young people who were brought to this country as children. (Applause.)

We should have passed the DREAM Act a long time ago. It was written by members of both parties. When it came up for a vote a year and a half ago, Republicans in Congress blocked it. The bill hadn’t changed. The need hadn’t changed. The only thing that had changed was politics. (Applause.) The need had not changed. The bill hadn’t changed — written with Republicans. The only thing that had changed was politics. And I refused to keep looking young people in the eye, deserving young people in the eye, and tell them, tough luck, the politics is too hard.

I’ve met these young people all across the country. They’re studying in our schools. They’re playing with our children, pledging allegiance to our flag, hoping to serve our country. They are Americans in their hearts, in their minds. They are Americans through and through — in every single way but on paper. And all they want is to go to college and give back to the country they love. (Applause.) So lifting the shadow of deportation and giving them a reason to hope — that was the right thing to do. It was the right thing to do. (Applause.)

It’s not amnesty. It falls short of where we need to be –a path to citizenship. It’s not a permanent fix. This is a temporary measure that lets us focus our resources wisely while offering some justice to these young people. But it’s precisely because it’s temporary, Congress still needs to come up with a long-term immigration solution — rather than argue that we did this the wrong way or for the wrong reasons.

So to those who are saying Congress should be the one to fix this — absolutely. For those who say we should do this in a bipartisan fashion — absolutely. My door has been open for three and a half years. They know where to find me. (Laughter.)

I’ve said time and again: Send me the DREAM Act; I will sign it right away. (Applause.) And I’m still willing to work with anyone from either party who is committed to real reform. But in the meantime, the question we should consider is this: Was providing these young people with the opportunity for a temporary measure of relief the right thing to do?

AUDIENCE MEMBERS: Yes!

THE PRESIDENT: I think it was. It’s long past time that we gave them a sense of hope.

Your speaker from yesterday has a different view. In his speech, he said that when he makes a promise to you, he’ll keep it. Well, he has promised to veto the DREAM Act, and we should take him at his word. (Applause.) I’m just saying. (Laughter and applause.)

And I believe that would be a tragic mistake. You do, too.

On all these issues — on the investments we need to grow the middle class and leave a better future for our kids, on deficit reduction that’s fair and balanced, on immigration reform, on consumer financial protection so that people aren’t exploited, whether at a payday loan shop or if they’re sending remittances back to their families — on all these issues, Washington has a long way to go to catch up with the rest of the country.

The whole idea behind the DREAM Act, after all, was inspired by a music teacher in Illinois. She decided to call her Senator, Dick Durbin, when she discovered that one of her own students was forced to live in the shadows. But even as that idea fell prey to gridlock and game-playing in Washington, it gained momentum in the rest of the country: From every student who marched and organized to keep their classmates from being deported; from every parent who discovered the truth about the child down the street and chose to stand up for them — because these are all our kids; from every American who stood up and spoke out across the country because they saw a wrong and wanted it to be righted; who put their shoulder to the wheel and moved us a little closer towards justice.

That’s what has always moved us forward. It doesn’t start in Washington. It starts with a million quiet heroes who love their country and believe they can change it.

We all have different backgrounds. We all have different political beliefs. The Latino community is not monolithic; the African American community is not all of one mind. This is a big country. And sometimes, in tough times, in a country this big and busy, especially during a political year, those differences are cast in a bright spotlight.

But I ran for this office because I am absolutely convinced that what binds us together has always proven stronger than what drives us apart. We are one people. We need one another. (Applause.) Our patriotism is rooted not in race, not in ethnicity, not in creed; it is based on a shared belief in the enduring and permanent promise of America.

That’s the promise that draws so many talented, driven people to these shores. That’s the promise that drew my own father here. That’s the promise that drew your parents or grandparents or great grandparents — generations of people who dreamed of a place where knowledge and opportunity were available to anybody who was willing to work for it, anybody who was willing to seize it. A place where there was no limit to how far you could go, how high you could climb.

They took a chance. And America embraced their drive and embraced their courage — said, “Come, you’re welcome.” This is who we are.

Every single day I walk into the Oval Office, every day that I have this extraordinary privilege of being your President, I will always remember that in no other nation on Earth could my story even be possible. (Applause.) That’s something I celebrate.

That’s what drives me, in every decision I make, to try and widen the circle of opportunity, to fight for that big and generous and optimistic country we inherited, to carry that dream forward for generations to come. Because when I meet these young people, all throughout communities, I see myself. Who knows what they might achieve. I see my daughters and my nieces and my nephews. Who knows what they might achieve if we just give them a chance?

That’s what I’m fighting for. That’s what I stand for.

This fight will not always be easy. It hasn’t always been easy. It will not happen overnight. Our history has been one where that march towards justice and freedom and equality has taken time. There will always be plenty of stubborn opposition in the way that says: “No, you can’t.” “No, you shouldn’t.” “Don’t even try.”

But America was built by people who said something different — who said: “Yes, we can.” Who said, “Sí, se puede.” (Applause.) And as long as I have the privilege of being your President, I will be alongside you, fighting for the country that we together dream of. (Applause.)

God bless you. Thank you, NALEO. (Applause.) God bless the United States of America. (Applause.)

 

Daily Caller Reporter Interrupts President Obama’s Immigration Remarks and Gets Smackdown

Maybe the President should invite more journalists who want to pick a fight with him to the White House, because this afternoon, as he was discussing his administration's new shift in immigration policy, President Obama went after a Daily Caller journalist who had interrupted him. And he showed a bit of fight in him that has been rarely seen the past few years. 

Here was the President's response:

According the several accounts just published, the reporter in question is Neil Munro of The Daily Caller. Here is what ABC News reported:

The man, later identified as Neil Munro of The Daily Caller, asked the president several times “why do you favor foreigners over American workers?”

“Not while I’m speaking,” the president responded angrily. “Let me finish.”

While reporters were present at the Rose Garden announcement, the president was not expected to take questions.

Asked afterwards who he was, Munro said “I’m just a reporter asking questions you should be asking.”

In the meantime, the Daily Caller's Twitter profile tweeted pride and support for Munro's actions:

Gutiérrez Says Meeting with Rubio About Alternative DREAM Act Went “Great”

Is the shift in the immigration debate starting to happen between Democrats and Republicans?

Both Univision News and Puerto Rico's El Nuevo Día are reporting that a meeting between Republican Senator Marco Rubio and Democratic leaders received praise by Democratic Rep. Luis Gutiérrez (IL), a vocal critic of recent Republican immigration policies as well as the policies of President Obama's administration.

The meeting, according to both outlets, was called by Rubio and included Rep. Gutiérrez, Rep. Bob Menéndez (D-NJ), and Rep. Charles González (D-TX). This is what Gutiérrez had to say to Univision News:

“It was a great meeting. Look, I am going to meet with anyone independent of their political party or what perceived or real political benefit my association [provides] as long as it does one thing: stop the deportations,” Gutiérrez told Univision News in an interview Wednesday evening.

The congressman, who’s known as a champion for immigration reform, said the three members who met with Rubio aren’t yet willing to announce their support for the plan since the final language has not yet been drafted, although they did discuss some details.

“He said it and we agreed with him; today was not a day for us to come together because there is no proposal to agree on. It was simply a conversation opening dialogue,” said Gutiérrez.

Rubio has begun to promote an alternative version of The DREAM Act, which would begin to address the citizenship status of undocumented youth who came to this country with their parents, but are not American citizens. Rubio's plan is in sharp contrast to what the GOP front-runner Mitt Romney has been promoting for months, which follows a more extreme view of immigration enforcement. Recently Romney was open to Rubio's plan, although he has yet to truly distance himself from "informal adviser" Kris Kobach, the architect of Arizona's SB 1070 immigrant law. Rubio is still being mentioned as a possible running mate for Romney.

Univision News provided some additional background about the history of The DREAM Act, which has overwhelming support with US Latino voters:

Rubio’s proposal is styled after the current version of the DREAM Act, which would provide a pathway to citizenship for undocumented immigrants brought to the U.S. as children who are seeking a higher education or want to enlist in the military. The proposal, which is widely popular with Latinos and non-Latinos alike, passed the House in 2010 but failed to clear a 60-vote hurdle in the Senate to break a filibuster.

The DREAM Act has been stalled in Congress since then under near-universal Republican opposition, including from Rubio, who describes it as an “amnesty” bill that could lead to “chain migration.” The presumptive GOP presidential nominee Mitt Romney said said he would veto the current version, though he has said recently he is open to Rubio’s plan. Rubio says that under his proposal, certain undocumented minors would receive legal status, but not a special pathway to citizenship.

That has been a main point of contention of several immigration-reform advocates and Democrats, who have described it as a half measure, an indication that it’s far from certain Democrats will endorse it. Indeed, earlier this month, Gutierrez labeled the plan the “Stolen Dreams Act.”

But he pledged to hold his fire until Rubio comes out with more details regarding the plan. “I also have concerns. I don’t want to speak to the details of a bill that he hasn’t fully elaborated. He gave us some good indications about different components of the bill, but those components could change,” he said. “Let’s give him a chance. He asked me to give him a chance, and I’m going to wait.”

As for other reaction to Rubio's plan, Speaker of the House John Boehner (R-OH) was quoted in a Washington Post blog that Rubio's plan would have trouble being passed in Congress:

Asked by a reporter whether he thought the House could pass an immigration measure this year that focused on more than just border security, Boehner said: “There’s always hope.”

The speaker said he has spoken to Rubio about his plan. “I found it of interest, but the problem with this issue is that we’re operating in a very hostile political environment. To deal with a very difficult issue like this, I think it would be difficult at best.”

Boehner also added the following:

"Where’s the president’s immigration plan? Where does the president stand on this issue? Instead of campaigning all the time, maybe he ought to come back to Washington and go back to work,” Boehner said.

The Post's blog quoted President Obama's comments to Telemundo earlier this month about the Rubio plan:

“This notion that somehow Republicans want to have it both ways, they want to vote against these laws and appeal to anti-immigrant sentiment . . . and then they come and say, ‘But we really care about these kids and we want to do something about it’ — that looks like hypocrisy to me,” Obama said.

Obama Strategist Axelrod Blames Inaction on Immigration Reform on “Monolithic Opposition” of GOP

This morning, President Obama's chief strategist David Axelrod appeared on CNN and weighed in on the inaction surrounding the President's pledge to pass a comprehensive immigration reform bill in his first term.

Axelrod's take? Washington is not about "monolithic opposition" and the GOP's shift to the right has been a "reign of terror."

Looks like the next few months will be interesting.

Here is what Axelrod had to say.