By Anita Shalwani

This is my family's American Dream story. I am a divorced, single mother and an undocumented immigrant. I have resided in the United States for almost 30 years.

We came from Pakistan, a country known for its government abuse, torture and violence against women. My father, a customs agent, and my mother, an elementary school teacher, knew that the future of their two daughters in Pakistan held limited opportunities. So when I was 3 years old, my parents gave up everything and moved to the U.S. in search of a better life for their children.

We first arrived in California, but I grew up in Florida. While many of my friends went on vacations with their families, shopping trips with their mothers and sports events with their fathers, I grew up seeing my parents work seven days a week to make ends meet. Yet, my siblings and I understood that these were necessary sacrifices for our new life as immigrants. However, I never once thought of myself as undocumented.

It was not until I was 16 years old and decided to obtain a driver's license that I first encountered my undocumented status. I did not understand why I was unable to obtain a license and live a normal life like my friends.

However, once I came to the realization of my true status, or lack thereof, I took action. I enrolled at Broward College when I was 17 through the dual enrollment program – which allows eligible high school students to simultaneously attend college part-time – and continued to work two jobs. I applied for various scholarships and even obtained a Tax Identification Number so that I could work and help support my family. Similarly, my brother earned his bachelor's degree at Broward, and my sister completed a certificate program from the University of Miami, both paying for their tuition themselves. They are now both married to U.S. citizens and are current lawful permanent residents.

However, in early 2012, my life changed immeasurably: I became a mother. My daughter was born with a cleft palate inside of her throat, which affects her hearing. She's had hearing tubes placed with a minor outpatient surgery and is scheduled to undergo another surgery within the next couple of months. Monday through Friday, I would wake up at 4 a.m. to take my daughter on a two-hour bus ride to her day care, commute to work and then get home at 8 p.m. I constantly worried about my ability to support my daughter and my lack of a stable mode of transportation. Would I be able to find and afford the kind of medical care my daughter needed? If my undocumented status became known, would I be deported and separated from my daughter?

The president's Deferred Action for Childhood Arrivals program (DACA) gave my daughter a second chance at life. I was at the surgeon's office for a pre-operation appointment for my daughter, who was 6 months old at the time, when President Obama made the announcement in 2012 about the new program. I cried in the exam room when I got the call from an attorney I knew. To know that I would finally be able to provide a better life for my daughter was an immense relief. In my home country, doctors do not visit or conduct surgeries unless the full payment has first been made, no matter how deadly the case. I know that I would not have been able to find the kind of medical care that my daughter needs.

When the president announced the Deferred Action for Parental Accountability Program (DAPA) in November 2014, I felt like I would no longer have to be scared of my own shadow. The thought that, even though temporary, I could spend a few years not worrying about losing my daughter or being deported was an exciting moment.

My mother also qualifies for the DAPA program. I currently hold a work permit through DACA, but I too qualify for DAPA because of my daughter. I am grateful that my mother and I can qualify for relief after all the struggles we faced throughout the years.

Anita Shalwani is an immigrants' rights activist living in Florida.

Date

Tuesday, February 17, 2015 - 2:45pm

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Recently, the ACLU of Southern California participated in an event in Kern County on AB 60, California's new Safe and Responsible Driver Act. The act, which went into effect January 1, 2015, permits any eligible Californian to obtain a driver license, regardless of immigration status.

The excitement in the room over the AB 60 license and its importance to the community was palpable. The event, organized by the State Bar of California and hosted by Kern County Supervisor Leticia Perez, was standing room only. Over 350 people were in attendance.

AB 60 is a tremendous victory for immigrants and advocates who have fought for years to get it passed. But there is still work to be done.

A statewide coalition called Drive California, made up of over 35 immigrants' rights, faith-based, service and civil rights organizations, including the ACLU of California, is working hard to ensure successful implementation of AB 60 and drivers' licenses for all. This includes providing Californians the information they need and want regarding the license.

One question that we repeatedly hear from the community is whether they should apply for the license and whether there is any risk they could be identified for deportation.

The benefits to the license are clear. The hardships that arise from being an unlicensed driver are undeniable and can even lead to arrest, which itself can land a person in deportation proceedings. 

The license has tangible benefits for many immigrants' daily lives.

But there are also risks for certain individuals whom Immigration and Customs Enforcement ("ICE") considers enforcement priorities. The ACLU and the Drive California Coalition are working to ensure that the community is aware of these risks so that they can make a personal and informed decision whether to apply.

As we said in Kern County, if ICE is looking for a particular individual, then ICE can submit a request to DMV to get that person's address and photo. We explained that ICE may be looking for someone if they fall under one of the Obama Administration's new immigration enforcement priorities. These priorities include people with a prior criminal history, such as a felony, a DUI, or three or more misdemeanor convictions.

DMV and ICE both confirm that, if requested, DMV can share information with ICE and will do so in certain circumstances.

This information sharing between ICE and DMV is not unique to AB 60 applicants. But as the majority of counties across California have stopped honoring immigration detainers, ICE is increasingly turning to other ways to locate people for immigration enforcement.

The ACLU and the Drive California Coalition will continue to urge the DMV to restrict the federal government's access to its database. No one should be afraid that he or she may be deported simply for wanting to drive legally in California.

Katie Traverso is Stanford Law fellow at the ACLU of Southern California. Follow ACLU_SoCal.

Date

Tuesday, February 17, 2015 - 12:00pm

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