driver's license

Delayed-deportation immigrants can drive in Oregon

Oregon will issue driver's licenses to illegal immigrants accepted into a new federal program that delays deportation for some young people brought illegally to the United States as children, officials said Wednesday.

The decision by the Driver and Motor Vehicle Services Division ends months of uncertainty over how the DMV would handle applications for driving privileges or state identification from illegal immigrants given a two-year deportation delay and the opportunity to obtain a work permit. Oregon law requires proof of legal presence in the United States to get a driver's license, permit or identification card.

Immigrant-rights activists cheered the decision.

"It allows folks to move forward with their lives," said Erik Sorensen, a spokesman for Causa, an immigrant-rights group.

The Deferred Action for Childhood Arrivals program, announced last summer, allows young people brought illegally to the U.S. before their 16th birthday to obtain a temporary reprieve from deportation and the opportunity to obtain a work permit if they meet certain conditions. Immigrants do not get legal status in the United States, however, creating complicated legal questions for DMV officials.

As of Dec. 13, more than 350,000 people had been accepted into the program nationwide. The Department of Homeland Security wouldn't say how many are from Oregon.

Oregon driver's licenses issued to immigrants in the program will expire on the same day as their deferred-action status.

Jim Ludwick, a vocal opponent of illegal immigration, said Oregon should not be issuing driver's licenses to illegal immigrants, even if the federal government has told them they won't be deported.

"Apparently we are no longer a nation of the rule of law," Ludwick said. "We've now morphed into a politicization of that, where certain people will be held to the rule of law and others won't."

Gov. John Kitzhaber said in a statement in English, Spanish, Vietnamese and Russian saying he was pleased with the DMV's decision. People with authorization to work must be able to get there, he said.

"It's the right decision, and it will provide certainty for working families and employers," Kitzhaber said. Read more about Delayed-deportation immigrants can drive in Oregon

OFIR Communications Directors' Op-Ed published

One of OFIR's founders and the current Communications Director of OFIR, Jim Ludwick wrote a great Op-Ed about why our Legislators should be looking at ways to discourage illegal immigration instead of finding even more ways to accommodate illegal aliens in our state and invite even more to come here.

 

 


  Read more about OFIR Communications Directors' Op-Ed published

New Immigration Battle: Driver's Licenses

In a sign of growing opposition to President Obama's immigration policy, Iowa has become the latest state to deny driver's licenses to young illegal immigrants who receive deferments from deportation.

Iowa joins Michigan, Nebraska and Arizona in denying licenses or non-operator identification cards because, officials say, Obama's deferred action program doesn't grant legal status in the United States. Officials in each state cite laws restricting the licenses to foreigners who reside here legally.

The program, which began in August, offers a renewable two-year reprieve for qualified young people who were brought to the United States as children. Recipients also gain permission to work here legally. So far, more than 355,000 applicants have been accepted and nearly 103,000 have been approved, according to the latest government figures.

Iowa's Department of Transportation Director Paul Trombino III said in a statement:

"The Iowa DOT understands the exercising of this prosecutorial discretion by the U.S. Department of Homeland Security does not grant lawful status or a lawful immigration path to persons granted Deferred Action for Childhood Arrivals status. Rather, it is prosecutorial discretion extended in a blanket fashion to persons who are not lawfully authorized to be present in the United States."

Republicans have criticized the program as backdoor amnesty designed to boost Latino support for Obama. The four states denying licenses are led by Republican governors. One of them, Nebraska's Dave Heineman, has pledged to deny not only licenses, but welfare benefits and other services to illegal immigrants, unless required by state law.

Washington and New Mexico are among states that issue driver's licenses to illegal immigrants, although New Mexico Gov. Susana Martinez, who is a Republican, wants her state's enabling law repealed. Illinois could be next to issue licenses after the state Senate recently approved a bill.

At issue is whether the federal program's authorization to stay and work here legally also confers temporary legalized status.

Iowa officials cite the memorandum issued by Homeland Security Secretary Janet Napolitano that outlines the new policy: "This memorandum confers no substantive right, immigration status or pathway to citizenship."

Immigrant advocates say people in deferred action status qualify for licenses under the 2005 Real ID Act, which they have used to file lawsuits to overturn the bans in Arizona and Michigan.

The Real ID law, an anti-terrorism measure aimed at creating a national driver's license system, lists people in deferred action status among the authorized noncitizens who are eligible to obtain a temporary license.

Immigrant advocates also say the states are encroaching on the federal government's authority to set immigration policy, a separation reinforced by the Supreme Court ruling this year that severely weakened Arizona's immigration enforcement law.

"Deferred action has existed for decades and decades. It is a form of lawful presence, just like other forms of administrative relief under our immigration laws," says Thomas Saenz, president and general counsel of the Mexican American Legal Defense and Educational Fund, which is one of the groups suing in Arizona.

"There's really no legal or constitutional support for what these states are doing," says Saenz. "Suggesting that they are not here lawfully is a rhetorical political move that a number of these states are engaging in."
  Read more about New Immigration Battle: Driver's Licenses

Saturday, January 26th, 1-4pm - DRUG WARS: Silver or Lead, a documentary

Alert date: 
January 11, 2013
Alert body: 

This is an event you will not want to miss:  DRUG WARS: Silver or Lead is a chilling documentary about the malignant spread of drug cartel presence in our country, our state and right here in our community.  OFIR is honored to welcome Rusty Fleming, award winning producer of DRUG WARS: Silver or Lead. 

Join OFIR, Saturday, January 26th from 1 - 4 pm at the Salem Public Library - Loucks Auditorium.

Learn what you should know, must know, but DON'T know about drug cartels.

Embedded in a vicious and violent drug cartel, Rusty filmed this documentary to teach us what we all need to understand about Mexican drug cartels and their malignant movement into our country and right here in our community. Meet the man that has been in the belly of the beast.Embedded in a vicious and violent drug cartel, Rusty filmed this documentary to teach us what we all need to understand about Mexican drug cartels and their malignant movement into our country and right here in our community. Meet the man that has been in the belly of the beast!

The High Intensity Drug Traffic Area (HIDTA) identifies eight counties in Oregon with critical drug problems.   

The I-5 corridor is a favored route among drug runners smuggling drugs from Mexico into Oregon, Washington and Canada. We are in harms way everyday and must become educated about what is really happening on our streets, in our schools and even at our kids parties.

If you have teens, friends with teens, grandchildren that are teens or neighbors with teens, please invite them to join you at this FREE event.                  

Apathy and ignorance of this issue is not an excuse, it's a major part of the problem.

If you have questions about this event, would like more information, or think that you could contribute to this program in a positive way, please contact us at 503.435.0141.

NOTE:  This award winning documentary is not a Hollywood movie, it's an actual, factual, behind the scenes look at how cartels operate and the dangers they pose for our children and our society.  Portions of this film are sickening and horrific, but true.  Please, be advised and prepare your children in advance.

NOTE:  The producer of the documentary recommends that children as young as 10 should see this movie.  Gangs and cartels are targeting even younger children now.  Shockingly, eight year olds are the new cartel target for drug addiction.  Every child is at risk.

Fugitive returned to Oregon after 17 years

A man sought for 17 years in connection with a 1995 fatal traffic crash in Marion County was returned to Oregon on Thursday after his arrest about a year ago on federal charges after entering the country illegally from Mexico. In January 2012, border patrol agents from the Casa Grande, Ariz., Station took a man into custody for illegally entering the United States. The Integrated Automated Fingerprint Identification System notified agents about an active warrant for vehicular homicide hailing from 1995 in Marion County, Ore. The Marion County District Attorney’s office, in collaboration with Tucson Sector Border Patrol Agents, identified the man as Jose Luis Sanchez, 38.

At the time of the crash, Sanchez was 21 years old and lived in Prineville. Oregon State Police reported that the single vehicle crash occurred at 1:20 a.m. on Highway 22 about six miles west of Idanha. Sanchez was driving a passenger car westbound at a high rate of speed when it failed to negotiate a curve, OSP reported.

The car traveled across the highway and collided with several trees. The passenger in the vehicle, Jesus Gonzalez-Sanchez, 22, of Prineville, was pronounced dead on the scene. Sanchez was seriously injured and taken to a Portland-area hospital.

Since Sanchez was arrested he had been held in federal custody and pleaded guilty on federal charges. After he was sentenced, he was taken to Oregon for an arraignment in Marion County Circuit Court on charges related to the fatal car crash. Read more about Fugitive returned to Oregon after 17 years

Confusion, inconsistency mark driver's license issue for young Oregon immigrants

While President Barack Obama has cleared the way for many young immigrants to remain in the United States legally, Oregon officials are confused about whether to let them drive or not.

In field offices across the state, some recipients of the Deferred Action for Childhood Arrivals program are getting licenses or permits, while others are being turned away. Obama created the program earlier this year to defer deportations of young immigrants.

Oregon Driver and Motor Vehicle Services said Friday that it would not issue driver's licenses to those recipients. However, officials retracted that decision late Wednesday, saying there is still an ongoing discussion with the Oregon Department of Justice about the issue.

"Apparently those conversations are still going on with the Department of Justice," said David House, public information officer for the DMV. "We were thinking that we had a decision, but they are still chewing on it."

The deliberation makes one thing clear: Oregon could become the fourth state, after Michigan, Arizona and Nebraska, to deny licenses to deferred action recipients.

House said DMV executives began consulting with the Department of Justice in October about the issue. At the time, he said, they instructed field officers to not accept driver's license applications from deferred action recipients. Instead, they were told to come back when there was a definitive answer.

But a number of people have somehow fallen through the cracks. Many received 90-day permits and several received licenses. House said those exceptions are likely due to confusion at the DMV field office level.

Alejandra Nicolas, 20, of Tigard is one such person. She was accepted into the deferred action program two weeks ago and, after getting her Social Security card, went to the DMV on Tuesday to get her driver's permit. She said she passed the written test, but was denied a permit when the DMV employee realized she needed additional verification.

"I'm pretty disappointed in the state," she said. "I have so many hopes and dreams. They are doing a pretty good job of crushing them."

Francisco Lopez, executive director of the immigrant rights group Causa, said the situation is very unsettling.

"The bottom line here is this whole uncertainty is frustrating a lot of people," he said. "U.S. Citizenship and Immigration Services is saying they have a Social Security number, they have temporary authorization to be in the United States. It is frustrating because we don't know what is going to happen."

Further confusion arose Tuesday night when Univision Portland reported that Gov. John Kitzhaber was responsible for the halt on driver's licenses to deferred action recipients.

Tim Raphael, communications director for the Governor's office, said Kitzhaber became aware of the issue Wednesday and asked for legal advice to determine what authority he may have.

"The governor didn't ask the DMV to halt issuing driver's licenses to anyone," Raphael said. "There is not a final legal opinion yet."

House, of the DMV, said that being in the state legally has been required to get a license, permit or identification card in Oregon since 2008.

He cited the Department of Homeland Security website, which says, "Deferred action does not provide an individual with lawful status." However, states may interpret that differently.

House said Oregon is not the only state struggling with the issue. Most states require legal presence to get a license, he said, and officials have to follow their legal advice.

"It's been an ongoing learning process for us to deal with federal immigration documents," he said. "We have to go with what our attorney says is legal or not legal."
  Read more about Confusion, inconsistency mark driver's license issue for young Oregon immigrants

No prison in distracted driving crash

A couple who pleaded guilty to various charges in connection with a distracted driving crash that killed a motorcyclist were sentenced to three years’ probation on Friday in Benton County Circuit Court, but they remained in custody awaiting possible deportation.

Veronica Avila Diaz, 28, and her husband, Jose Antonio Cejas Gutierrez, 31, have been in jail since Oct. 11 on charges stemming from a Sept. 30 collision that took the life of a 72-year-old Eugene man, Kenneth Douglas Carroll.

The wreck occurred on Highway 99W north of Monroe. Avila Diaz, who had little driving experience and no license, was behind the wheel of the couple’s Ford Windstar van, with her husband in the passenger’s seat and their three children riding with them.

According to the account presented in court, she was distracted by Cejas Gutierrez, who was photographing his wife with his camera phone as she drove south toward Monroe.

She started to drift off the road and then overcorrected, veering into oncoming traffic. The van struck Carroll’s motorcycle, killing him. A third vehicle, with three people inside, swerved off the road to avoid the wreck.

“Jose was taking video of her driving, asking her to look at him,” prosecutor Shani Krumholz said in court on Friday. “The last shot that was taken prior to her hitting the shoulder is a shot of her looking directly at the camera.”

In a plea bargain negotiated with the Benton County District Attorney’s Office, Avila Diaz pleaded guilty on Friday to a single felony count of criminally negligent homicide. Six misdemeanor counts of reckless endangerment, related to the other people involved in the crash, were dismissed along with a charge of reckless driving.

Cejas Gutierrez pleaded guilty to hindering prosecution, also a felony, and four misdemeanor counts of reckless endangerment.

Emotions ran high in the packed courtroom during the sentencing portion of the hearing, when the victim’s relatives and the defendants had a chance to speak.

“Even though my dad was 72 years old, he had at least 20 years left in his life, which was taken prematurely by some people’s really stupid decisions,” said Kelly Carroll, the dead man’s daughter. Pausing frequently as she fought back tears, Carroll described her father as a loving parent, devoted grandparent and dedicated community volunteer.

Her brother, Brad, described his dad as “a really incredible man” and said his death had “left a void in my life.”

Both asked Judge Locke Williams to impose prison time.

The defendants, dressed in striped jail jumpsuits and shackled hand and foot, asked for forgiveness.

Speaking through a Spanish interpreter, Avila Diaz turned to face Carroll’s relatives in the gallery.

“I want to tell the family who’s here that I’m very sorry,” she said in a small voice. “I would not have ever intentionally taken anybody’s life or hurt anybody. I’m really, really sorry.”

Williams called the crash a tragedy caused by “a horrendously stupid act that, unfortunately, in this day and age with cellphones, people do each and every day.”

However, citing the defendants’ lack of criminal history, he declined to send them to prison. Instead, he ordered the couple to serve three years’ probation on the felony counts and imposed sentences of 30 to 60 days on the lesser charges, which were satisfied by the time served since their arrest.

He ordered Avila Diaz to pay $18,198.78 in restitution, fines and fees and ruled she could not hold a driver’s license for one year. Cejas Gutierrez was required to pay $18,598.78 and had his license suspended for 90 days.

“It’s always a difficult balance of just punishment, retribution and what’s appropriate in each individual case,” he said. “There is no good solution in this case.”

Avila Diaz was represented by Nicolas Ortiz. Cejas Gutierrez was represented by Karen Zorn.

The couple, who came to the United States from Mexico about nine years ago, were being held by order of U.S. Immigration and Customs Enforcement pending further proceedings on their immigration status.

Kelly Carroll, the victim’s daughter, said she was bitterly disappointed that the defendants will not see prison time. Deporting them to their home country, she said, would be like punishing two naughty children by sending them to their room.

“This is just a travesty of justice,” she said after the hearing. “There is no justice here.”
  Read more about No prison in distracted driving crash

Couple sentenced in distracted driving case

CORVALLIS — A couple who pleaded guilty to various charges in connection with a distracted driving crash that left a motorcyclist dead were sentenced to three years’ probation on Friday in Benton County Circuit Court, but they remained in custody awaiting possible deportation.

Veronica Avila Diaz, 28, and her husband, Jose Antonio Cejas Gutierrez, 31, have been in jail since Oct. 11 on charges stemming from a Sept. 30 collision that took the life of a 72-year-old Eugene man, Kenneth Douglas Carroll.

The wreck occurred on Highway 99W north of Monroe. Avila Diaz, who had little driving experience and no license, was behind the wheel of the couple’s Ford Windstar van, with her husband in the passenger’s seat and their three children riding with them.

According to the account presented in court, she was distracted by Cejas Gutierrez, who was photographing her with his camera phone as she drove south toward Monroe.

She started to drift off the road and then overcorrected, veering into oncoming traffic. The van struck Carroll’s motorcycle, killing him. A third vehicle, with three people inside, swerved off the road to avoid the wreck.

“Jose was taking video of her driving, asking her to look at him,” prosecutor Shani Krumholz said in court on Friday. “The last shot that was taken prior to her hitting the shoulder is a shot of her looking directly at the camera.”

In a plea bargain negotiated with the Benton County District Attorney’s Office, Avila Diaz pleaded guilty on Friday to a single felony count of criminally negligent homicide. Six misdemeanor counts of reckless endangerment, related to the other people involved in the crash, were dismissed along with a charge of reckless driving.

Cejas Gutierrez pleaded guilty to hindering prosecution, also a felony, and four misdemeanor counts of reckless endangerment.

The couple, who came to the United States from Mexico about nine years ago, were being held by order of U.S. Immigration and Customs Enforcement pending further proceedings on their immigration status.
  Read more about Couple sentenced in distracted driving case

Undocumented youth in Hillsboro weigh in on deportation deferral program

Born in Mexico but raised here, Johan Chavez of Hillsboro says returning to his native country would be like entering a different world.

Now 17 and a student at Hillsboro High School, he remembers traveling at age 7 by bus then car across the U.S. border with his family. Since then, he has lost fluency in his native tongue and identification with a culture that now seems foreign.

As an undocumented immigrant, however, it is he who has remained foreign -- something he struggles with.

"Honestly, in my opinion, I am 100 percent American," he said.

Chavez's status and outlook could merge, though, if he is approved for a renewable work permit through a federal program that would defer his deportation. With a Social Security number, he could get a bank account and a job. With a job, he could pay for college, a necessary step toward his dream of becoming a music teacher.

"I know everything I want to do in life," he said, "but basically I can't do anything without some type of legal status."

Chavez is one of an estimated 16,600 young illegal workers and students in Oregon who qualify for President Barack Obama's executive order program. To apply, they must prove they arrived in the United States before turning 16, are 30 or younger, have been living here for at least five years and are in school, graduated from high school or served in the military. They also cannot be convicted of certain crimes.

There is no data specific to Oregon about how many people have applied in the last three months. But of the 900,000 young immigrants believed to be eligible nationwide, only about 300,000 have so far applied, according to data released earlier this month by the Department of Homeland Security.

Luis Guerra, legal coordinator and development associate for the immigrant rights group Causa, said the low number of filed applications can be explained by several factors.

One bottleneck effect, he said, is that many undocumented immigrants are relying on nonprofits for financial and legal assistance with the application process. Many of those organizations are struggling to keep up with demand, resulting in long waiting lists, he said.

"I would estimate the average cost per applicant, including government fees and receiving service from a nonprofit, to be somewhere in the $800 to $1,000 range," Guerra said. "That is not including transportation costs and time off work for many, especially when they have to travel from far places to Portland to either find the large concentration of services or go to a USCIS appointment."

Guerra said applicants may also have trouble submitting proof of identification. He said that for those who don't have passports or licenses, the only proof may come in the form of a consular identification from their country of origin's consulate in Oregon, which adds an extra step to the process.

The last main barrier was removed after the presidential election, Guerra said. Many were concerned that a government headed by Republican candidate Mitt Romney would have resulted in mass deportation, so they are just now coming forward to apply, he said.

For those who have applied, the process can be as short as two months, said Causa's executive director, Francisco Lopez. Many applications received in August have been approved. Some immigrants from around the state have already gotten their work permits and begun to apply for driver's licenses. Most, however, are still waiting for the news that could dramatically change their lives.

Maria Gonzalez, 20, of Aloha is anxious but hopeful that her application will be approved. With her paperwork and fingerprints completed, all that's left is to wait for a response.

"I'm just nervous because basically I'm juggling," she said. "I could have made a stupid mistake on the application and ruined it. It's scary to think that I may not get it."

The Mexico native remembers cautiously walking through the desert border at age 10. Now she is a student at Portland Community College, hoping to attain a career as a nurse or physician's assistant.

For Gonzalez, deferred action is a means to fulfill her potential. Graduating from Aloha High School in 2010 was terrifying, she said, because illegal status kept her from getting any of the scholarships she had applied for.

"Since I live in a single-parent home, once I graduated I was on my own," she said. "All my life, I thought I was pretty smart, but it brought me down to reality knowing that I didn't have the money to go to school, even though I had the head."

Ulises Olvera's status as a gay, undocumented Latino student has afforded him more luck in financing his education.

Olvera, 21, never thought he would get to go to college. Now he attends Portland Community College Rock Creek in Hillsboro, which he has been able to fund through his job as equity ambassador at the multicultural student center. The Pride Foundation, an organization that supports equality for the lesbian, gay, bisexual, transgender and queer community, also awarded Olvera a $4,500 scholarship, he said.

"I didn't think I would be able to get into school in the first place," he said. "But anything is possible. I'm pretty successful -- getting my higher education, making a difference at a college setting -- and that's very empowering."

Even so, he said, acceptance into the deferred action program would open up a whole new set of doors for scholarships and work opportunities.

But first things first. If his application is approved, Olvera said, he will break in the new work permit by using it to get a license.

"I depend on public transportation," he said. "I want to drive because right now I live in Beaverton and my parents live in Jewell. I barely get to see them." Read more about Undocumented youth in Hillsboro weigh in on deportation deferral program

Legislative Days are coming

This month (December 10th, 11th and 12th) citizens have a great opportunity to meet, in person, with their elected Legislators. Legislators schedule this time to be in their offices to meet with constituents and attend meetings at the Capitol. OFIR encourages anyone that is able, to call and make an appointment to meet, in person, with your Legislator during those days (or any other day you can get an appointment).

There will likely be two bills we will be working to defeat in the 2013 Legislative session and we need all hands on deck. We are working to stay ahead of the curve and hope to influence Legislators that might be "on the fence" about giving driver licenses to illegal aliens or instate tuition benefits to illegal aliens. Both issues have gotten a lot of attention in past sessions, but OFIR and dedicated citizens have defeated those bills every time. But, the job isn't finished and we must not let up...even for a moment. Our opponents are pressuring (and attempting to guilt) Legislators into passing these two destructive bills. We must not let this happen.

Illegal aliens and their advocates are doing everything they can to get a foothold in Oregon. Unfortunately, there are many Legislators who are attempting to help them, too.

OFIR members and friends, please call and make an appointment with your Legislators and let them know you do NOT support either of these moves to "legitimize" the presence of illegal aliens in Oregon.

If you aren't certain who your Oregon State Legislators are, visit this website http://www.leg.state.or.us/findlegsltr/home.htm for all the information you will need. If you make an appointment, have a meeting, get a response to an email or any other contact, OFIR encourages you to share your information with us.

If you are uncomfortable or just simply too scared to have a face to face meeting, OFIR encourages you to just go and visit the Capitol. The entire building is open to the public, so you can walk the halls, see the offices, look in the hearing rooms and get familiar with the building that controls our state.

Monday, Tuesday and Wednesday, December 10, 11, 12 - Legislative Days at the Capitol Read more about Legislative Days are coming

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