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Young undocumented immigrants who received temporary reprieve from deportation under a federal deferred-action plan aren’t entitled to in-state tuition for North Carolina’s universities and community colleges, lawyers for N.C. Attorney General Roy Cooper wrote in an advisory letter yesterday.

Assistant attorney generals Alexander Peters and Kimberly Potter were responding to an inquiry from state Rep. Marcus Brandon, a High Point Democrat. Deferred-action, called DACA, was granted to immigrants in 2012 who came to the country as children and are now able to apply to reside and work in the country provided they have a clear criminal records and have pursued an education or served honorably in the military.

In the letter, Peters and Potter  wrote that immigrants that fall under the deferred-action plan (DACA) don’t meet the residency requirement that North Carolina uses.

That could change if the N.C. General Assembly changes the residency requirement. The letter noted that Brandon had sponsored legislation that did not pass last year that would have done that.

“In order for students who have been granted DACA status to be eligible for the benefit of in-state tuition, the North Carolina General Assembly would have to amend (the law) to make an exception for such individuals, change the residency requirements, or otherwise proved by law that individuals with DACA classification are, under such circustances as may be set by statute, eligible for in-state tuition,” Cooper wrote.

Fifteen states do offer in-state tuition for undocumented immigrants, according to the National Council for State Legislatures.

Agda CA Letter by NC Policy Watch

 

 

Approximately 573,000   undocumented immigrants have applied for the Deferred Action for Childhood Arrivals (DACA) program, according to a new report by the Center for American Progress. Three in four—or 430,000—applicants have received deferred action, meaning they have been granted work authorization and temporary relief from deportation. This is a significant accomplishment considering the program was launched last summer. Yet, challenges remain with the implementation in certain states and with building a more diverse pool of applicants.

Second only to Indiana, North Carolina has the highest implementation rate of DACA-approved applications as a share of total estimated DACA-eligible youth (including those not yet eligible). Our implementation rate stands at 45.5 percent but jumps closer to 100 percent when only considering the immediately eligible population. The implementation rates drops to a low of 5.4 percent in Maine and are lower-than-expected in 13 states and the District of Columbia, signaling more outreach is needed in these areas. Read More

In case you missed it yesterday, the Charlotte Observer had a good editorial that offered: a) tempered praise for the McCrory administration’s plan to ditch the pink stripes on licenses for immigrants, and b) a big thumbs down on a legislative proposal to make it easier for people with mental health issues to obtain handguns.

Read the entire editorial by clicking here.

pink-licenseFrom ACLU-NC Communications Director Mike Meno:

ACLU-NC Calls New Design of Driver’s Licenses for Young Immigrants ‘Huge Step in the Right Direction’

New Design for Driver’s Licenses to be Issued Next Week to Young Immigrants Receiving Deferred Action Removes Much-Criticized Pink Stripe, Adds Clarifying Phrase ‘Legal Presence,’ And Will Keep Licenses Horizontal for 21+

RALEIGH – The American Civil Liberties Union of North Carolina Legal Foundation says a new design for driver’s licenses the N.C. Department of Transportation unveiled today for young immigrants receiving work permits through the federal Deferred Action for Childhood Arrivals Program (DACA) is a step in the right direction but that concerns about the licenses remain. Read More

DACA drivers' licensesYou just knew there had to be a catch when new North Carolina Transportation Secretary Anthony Tata was dragged kicking and screaming to do the right (and undeniably lawful) thing  for immigrants granted the right to stay in the United States under the Deferred Action for Childhood Arrivals (DACA) program last Friday. It would have just been too easy and humane to actually just give folks their licenses and let it go at that. Somehow, something had to be done to appease the anti-immigrant crowd both within and without state government.

So, here’s the stupid and unnecessary idea Tata’s people have cooked up: funny looking licenses. We are not making this up. In a move that would clearly make Arizona’s crazy immigrant-hating Sheriff Joe “pink-underwear-for-inmates” Arpaio smile, DOT will issue issue drivers’ licenses to the immigrants that will look very different from an average adult’s.  Read More