Lawmakers, Advocates, Students Call on President Obama to Issue Pardons for DACA Enrollees

As President-Elect Trump prepares to fulfill his deportation promises, 50,000 DACA enrollees in NYS and another 750,000 nationwide need immediate action from POTUS

New York, New York – Today in simultaneous press conferences in New York City and Albany, New York, lawmakers, DACA recipients, legal scholars and immigrant advocates called on President Barack Obama to issue pardons for the almost 800,000 youth protected under his 2012 Executive Order that is now under threat of repeal by President-Elect Donald Trump. Obama’s Deferred Action for Childhood Arrivals (DACA) has granted work permits, driving privileges, and prevented deportation of children brought into the United States by their parents. Almost 50,000 of an estimated 250,000 eligible New York residents have enrolled in the program and will be left without any legal protections when Obama leaves office next month.

Lawmakers, advocates, and legal scholars strongly believe that President Obama has the legal authority to issue pardons to DACA enrollees. The pardons would not solve their immigration status but would shield them from deportations while federal immigration reform is enacted by the new Administration and Congress.

Presidential pardons have been granted to sets of groups. After the Civil War, President Andrew Johnson wanting to help heal the nation issued blanket pardons to all Confederate soldiers. Over 110 years later, President Jimmy Carter granted blanket pardons to Vietnam War draft evaders again to help heal the nation from divisive national policies. Advocates believe, a pardon for DACA enrollees, while not solving the status for some 10 million remaining undocumented immigrants, will bring a sense of civility and calm to counter the vitriol surrounding immigration and the incoming Administration.

“The inability of our federal government to enact comprehensive immigration reform continues to create pain and uncertainty for millions who call our country their home. Now we have a mega crisis that will pin States against our federal government as it involves undocumented immigrants,” stated Assemblyman Marcos Crespo, Chair of the New York State Assembly Puerto Rican/Hispanic Task Force. He added, “Children and youth are now caught in this vacuum of leadership and are living in constant fear of persecution that is antithetical to the guiding principles of our nation. We call on President Obama to issue pardons for all DACA enrollees. This will help to maintain a level of civility in this ongoing national immigration debate. Too many families and children have seen their homes broken. A pardon can stop this madness and give our communities time to work with the Trump Administration to enact a compassionate and fair national immigration policy.”

According to Assemblyman Luis Sepulveda, member of the Assembly Standing Committee on Mental Health, “By its very title, The DREAM Act sums up what generations from other lands have sought on these shores, to join with others in seeking the American Dream and building this wonderfully diverse nation into a shining beacon of hope and prosperity. There are already too many dark moments of oppression in our nation's history – slavery, Wounded Knee, Japanese-American internment camps and McCarthyism among them. I call on President Obama to throw down the gauntlet and take the needed action to protect these worthy future citizens, lest another dark, shameful chapter be written into our nation's history books.”

According to Sarah Rogerson, Associate Professor of Law and Director of the Immigration Law Clinic at the Albany Law School, “The invitation from our government to these Americans must not, as a matter of principle, human dignity, and historical precedent, be revoked.”

Rogerson asserted that there is precedence in American history for the protection of undocumented youth by a President, “The exclusion of unaccompanied children continued until President Truman issued a directive in 1946 providing war orphans “immediate consideration for admittance to the United States.” The so-called “Truman Directive” remained in effect until the Displaced Persons Act was passed in 1948, allowing for the “admission of three thousand non-quota orphans” under the age of sixteen.”

Ivy Teng Lei, DACA recipient stated, “For immigrant youth who are brought to the U.S. at a young age, we’ve become integral parts of this country. Being undocumented and all of the consequences that come with it can feel like you will not have a future, but DACA has changed that. “

She continued, “Through the mentors who have taken me under their wing, I was able to intern to gain work experience and then was finally accepted to a full-time competitive rotation program at one of the largest advertising holding companies. I have since worked in various Fortune 500 companies and have assimilated to the life that I never thought I would have. A badge, a phone and email address assigned just for me means so much more to me than the means to entering a building or a telecommunication tool—it’s a constant reminder that I have a status, and my existence is meaningful. This would have never been possible without DACA"

"Now more than ever with a President-elect Trump must we come together and protect our immigrant population,” stated Senator-Elect Marisol Alacantar. She continued, “Dreamers come to the United States by no choice of their own, and should not be subject to deportation threats. I stand proud with my colleagues calling on President Obama to pardon Dreamers who have filed for Deferred Action for Childhood Arrivals. In New York City alone, this will help protect close to 50,000 young adults who only know the United States as their home."

Steven Choi, Executive Director of the New York Immigration Coalition, "We commend the New York State Assembly Puerto Rican/Hispanic Task Force for taking leadership for immigrants, at a time when communities are terrified about last week's election results. We support the Task Force in their call to President Obama to use his pardon power and do what he can now to ensure that DACA recipients and other immigrants are protected before the change in administration, and we tell President-elect Donald Trump that anything less than the full protection of DACA and its recipients is unacceptable. We call on the President-elect to move away from anti-immigrant hate and embrace policies to further integrate the 42 million immigrants in the United States."

According to Cesar Vargas, undocumented law school graduate and National Outreach Strategist for the Bernie Sanders Presidential campaign, "These are frightening times. But we can't let fear dictate the next four years. The President still has vast authority to keep families together, including closing down private immigration prisons that profit at the expense of taxpayers and broken families. Further, President can allow Dreamers to serve in the military with the stroke of a pen and allowing them to obtain a path to citizenship for them and their families."

"I represent the most diverse district in the United States, home to so many immigrant families who have heard the campaign rhetoric of Trump and are fearful for their future now that he is President-Elect. I've spent years fighting to extend to the children of undocumented immigrants the same right to an education as anyone else; whether by fighting to pass the NY DREAM act or by working with groups like Make the Road New York to support DACA. For many DACA applicants, this is the only home they've know and it would be one of our countries greatest acts of shame to rescind on the promise that they too can have a chance at an education. Obama must exercise his power to pardon DACA youths before the next administration does irreparable harm to the progress made,” said Assemblymember Francisco P. Moya

Assemblyman Ron Kim, Chair of the Assembly Task Force on New Americans stated, "Given the recent hateful, divisive national discourse, and the explicit promises made to deport millions of undocumented immigrants, our community must come together, now more than ever, to support the countless children and families at risk. The over 50,000 young men and women who comprise DACA applicants in New York now live in fear of losing the only place they call home. I stand with colleagues in government in making this request, and in calling for greater awareness of the plight of our fellow New Yorkers."

Jo-Ann Yoo, Executive Director of the Asian American Federation, stated, “The Asian American Federation and our member and partner agencies strongly believe that DACA recipients acted in good faith to comply with our broken immigration laws; through their pursuit of education and contributions to the work force, they have shown that they deserve the chance to continue adding to the economic and cultural diversity of our country. Presently, there is tremendous fear among immigrant communities that the anti-immigrant rhetoric that we heard during the presidential campaign season will soon become reality, separating families and dismantling communities. Therefore, we urge President Obama and all our elected leaders to support and protect DACA recipients before leaving office and provide them with all the legal protections possible so they can continue to contribute to our country.”

According to Assemblywoman Carmen E. Arroyo, “The results of our Presidential election have caused a sense of fear in the hearts and minds of many. DACA recipients are one of the many at risk populations under a Trump administration. Governor Cuomo and Mayor DeBlasio have both pledged that New York will continue to be a safe haven for those targeted with the hateful rhetoric presented throughout the campaign. I am supportive of this initiative and will continue supporting policies that provide relief for our most vulnerable citizens. As we continue to seek ways to assist, President Obama should utilize every option available to provide relief for this population; one option being relieving those with DACA from this onerous burden through Presidential pardon. Those protected by DACA help strengthen our society and any threats against them jeopardize the future of our nation.”

According to Monica Miranda Arias, CEO of the Hispanic Coalition of New York State, “Thousands of Latino youth continue to live in this great country and our state without the ability to fully realize their dreams; without their ability to attain the education that will open doors to their financial stability; and end their poverty status. Through no fault of their own, these youth find themselves stuck in the middle of a broken immigration system, one which our current President has the ability to fix. I stand here today supporting the call to our President to take a stand and protect the thousands DACA recipients and protect their status and continue allowing them the right to reach their dreams.”

"The new administration has made very clear that it will expand our present deportation system. We at Northern Manhattan Coalition for Immigrant Rights commend Assemblyman Marcos Crespo for demanding that President Obama use his present powers to protect our immigrant families and prevent the deportation of hundreds of thousands of people," said Angela Fernandez, Esq., Executive Director of Northern Manhattan Coalition for Immigrant Rights.