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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

 

 

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Immigrants ICEA recent court settlement in Alabama should serve as a warning to North Carolina legislators who still seek to pass anti-immigrant laws. Alabama agreed to settle two law suits brought against it after the passage of its harsh anti-immigrant law, HB 56, in 2011.  Both immigrants’ rights groups and the U.S. Department of Justice sued Alabama over different parts of the law, and both those suits settled last week.

Previously many of the harshest provisions of the Alabama law had already been temporarily blocked by courts, and in the new settlement, Alabama agreed that those provisions would never go into effect, including a provision requiring public schools to verify the immigration status of students, and one preventing all contracts with undocumented immigrants. The permanent blocking of those harmful provisions is a huge victory for immigrants in Alabama and across the nation.

Most of the parts of the law that are now permanently blocked in Alabama never made it into North Carolina’s omnibus immigration bill, HB 786, which was proposed in 2013.  However, several provisions in Alabama’s law were identical or similar to those proposed here, and their fate in this recent settlement should be of interest to state lawmakers.

North Carolina legislators, for example, Read More

NC Budget and Tax Center

North Carolina has long benefited from the immeasurable economic contributions of its immigrant population who play a vital role as neighbors, entrepreneurs, consumers, and taxpayers. A new interactive map and companion statewide factsheet, launched today by the NC Justice Center, document key economic and demographic trends among immigrants living in North Carolina and its 100 counties.

Some noteworthy findings for immigrants living in North Carolina include: Read More

NC Budget and Tax Center

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

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CambioWe as Americans know when a person is arrested and jailed in our country he or she has the right to a lawyer regardless of ability to pay.

Here’s the thing, though. People –including American citizens — who are jailed on immigration violations DO NOT have those same rights.

An immigration lawyer sure would have been helpful in the case of North Carolinian Mark Lyttle, a mentally ill native of Rowan County who was deported TWICE to Mexico in 2008. And there’s this doozy, where a man (finally determined to be a U.S. citizen by birthright) whose father is a U.S. citizen was deported at least four times based on a non-existent passage in the Mexican constitution.

Yes. As crazy as it sounds, American citizens get jailed and deported. Regularly.

According to immigration lawyer Kara Hartzler’s 2008 testimony in front of the U.S. House of Representative’s Subcommittee on Immigration, her Arizona non-profit sees between 40 and 50 cases per month of people in immigration detention who have potentially valid claims to U.S. citizenship.

“These individuals will commonly be detained for weeks, months, and even years while attempting to prove their citizenship. While some are ultimately successful, others often abandon their cases in the face of what can feel like indefinite detention,” Hartzler states.

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