Immigrant Rights Issues & Defend DACA

 

 

President Obama created the Deferred Action for Childhood Arrivals program in 2012, entitling almost 1 million individuals to immunity from deportation in the United States. ARTE believes that DACA is essential to our country’s economy, culture, and ethos. In addition to protecting DACA, ARTE is passionate about fighting for all issues of immigration justice.

If you are an educator, or in need of extra tools and resources, we created an ongoing toolkit for you.  

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DACA in 2022

Batalla Vidal case in New York: On August 3, 2022, proposals to open up DACA remained unfinalized and congressional action regarding immigration was at a standstill. Due to this, a group of Batalla Vidal plaintiffs (“a nationwide class of all those who hold DACA or are DACA eligible”) pleaded to New York courts to relieve the approximately 100,000 individuals who held first-time DACA applications that were pending when a Texas federal court stopped the government from granting first-time applications in July 2021. However, their applications remained stalled even after the New York court allowed the government to reopen DACA applications in December 2020.

 

The discrepancy between the New York order and Texas order allowed for a “gap” in the legislation and the possibility for the New York court to offer relief to the 100,000 first-time DACA applicants whose applications were in limbo. However, the New York court denied the plaintiffs’ motion on August 3, 2022.

On August 24, 2022, the Biden administration released a “finalized” version of a rule that will codify and fortify DACA. The rule keeps most of Obama’s 2012 program regulations intact. “To be eligible for DACA, a person must have entered the U.S. before turning 16, have lived in the U.S. continuously since June 15, 2007, were not yet 31 years old on June 15, 2012, have either completed high school or received a GED, been honorably discharged from the U.S. armed forces, or be enrolled in school, and have no felony or serious misdemeanors on their record.” Many people have inquired about shifting the required entry date into the United States forward so that younger people who would be otherwise eligible for DACA could apply for the program.

On October 5, 2022, the Fifth Circuit Court of Appeals (presides over districts in Louisiana, Mississippi, and Texas) renewed its decision on the legality of the 2012 DACA (Deferred Action for Childhood Arrivals) policy. The Fifth Circuit decided to keep the district court’s decision in place, meaning that current DACA recipients can “continue to benefit from DACA and renew their grants of DACA and work authorization while the case continues, but first time applications are still not being processed.” Those who currently have DACA or have had it at any time in the past can file for a renewal of both their DACA and work permits, but first-time DACA applications will not be processed.

What We Can Do​

  • From United We Dream: Our families deserve to live in certainty and without fear. Biden and Congress cannot wait any longer and must act NOW to permanently protect all immigrant youth, our families and communities. Text “DACAINFO” to 877-877 to demand action RIGHT NOW!

  • Call your senators to raise concerns about family separation and children being held in inhumane facilities.

Art & Media

All over the country, artists and activists have been taking a stand. Here are a few of our favourites. If you want to share your own immigrant rights inspired work with us, tag us on instagram, facebook or twitter.

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Yocelyn Riojas, My Dreams Are Not Illegal

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Meredith Stern, Article 14 UDHR (2016)

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Jess X Snow, A Daughter Migrates Toward Mother Earth (2017)

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Favianna Rodriguez, Immigration is Central to Woman's Equality (2013)

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Julio Salgado, Self Portrait (2013)

Ana Teresa, Borrando La Frontera (2011)

Get inspired by ARTE's murals on immigration issues:

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#ImmigrationRightsMural, Harlem

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#IgualdadParaTodos in Elmhurst, Queens