Jeh Johnson, Secretary
U.S. Department of Homeland Security

Alexandro Mayorkas, Deputy Secretary
U.S. Department of Homeland Security

León Rodríguez, Director
U.S. Citizenship and Immigration Services
U.S. Department of Homeland Security

May 24, 2016

RE: Renewal of DACA application denied over participation in peaceful civil disobedience by undocumented youth, Ms. Nadia Sol Ireri Unzueta (Case #)

Dear Secretary Johnson, Deputy Secretary Mayorkas, and Director Rodriguez,:

We, the 120undersigned civil rights, immigrant rights, worker’s rights, and legal service providers from around the United States write to request that the Department of Homeland Security (DHS) reconsider the denial of the Deferred Action for Childhood Arrivals (DACA) renewal request and grant DACA to immigrant rights organizer Ms. Nadia Sol Ireri Unzueta Carrasco, a long time resident of Chicago, Illinois.

DHS denied Ms. Unzueta Carrasco’s DACA renewal application because of her participation in peaceful, nonviolent civil disobedience actions in support of immigrants’ rights. That DHS would consider such conduct a negative discretionary factor is shocking and goes against the values that the United States was built on, including the right to free speech and political participation protected by the U.S. Constitution.[1] Furthermore, the civil disobedience actions in which Ms. Unzueta Carrasco participated were crucial in creating the political space to deliver President Obama the largest and only immigration success of his administration. This denial sends a message that political expression in support of immigrants rights will not be tolerated – a disturbing message to send in this uncertain political time when immigrants bear the brunt of anti-immigrant and anti-refugee rhetoric.

We urge you to reconsider Ms. Unzueta CarrascoDACA request. Furthermore, we request that the United States Citizenship and Immigration Services (USCIS) clarify that participation in peaceful civil disobedience as political expression is a Constitutional right, not a cause to label an individual a public safety concern, and that USCIS explore how to set up a process of inquiry for applicants whose DACA is denied, as in the case of Ms. Unzueta Carrasco, to request information regarding the reason for the denial and be able to provide evidence for reconsideration when applicable.

Background

Ms. Unzueta-Carrasco has lived in Chicago since she was six years old. She graduated from one of the city’s top schools, Whitney Young High School, and received a Bachelor of Arts degree summa cum laude from the University of Illinois at Chicago. She currently teaches young public school students about sustainable urban gardening and volunteers at a gardening program to support youth and adults with autism. She is also a volunteer organizer with the local immigrant rights group Organized Communities Against Deportations and works as an interpreter for labor rights groups in Chicago.

Ms. Unzueta Carrasco first applied for DACA and was approved on March 20, 2013. Two years later, she filed an application to renew her DACA status in December 2014,did not receive any communication from USCIS until a denial notice eight months laterin August 2015, stating that she had not proved that she “merit[s] a favorable exercise of discretion.” After several inquiries, the USCIS Ombudsman sent Ms. Unzueta Carrasco’s attorney an e-mail in March 2016that stated:

The decision and the file as a whole was re-reviewed by multiple supervisors. The decision to deny the I-821D was not in error. Ms. Unzueta was arrested on May 29, 2013, after her initial DACA grant, which was March 20, 2013. She was charged with civil disobedience, resisting arrest, obstruction of traffic, and reckless conduct. Additionally, USCIS records shows that she engaged in civil disobedience in Oct. 2009, July 2010, Aug. 2011, and Sept. 2012. Ms. Unzueta’s case raised public safety concerns and it was determined deferred action wasn’t appropriate in this case. Since USCIS has provided a response, our office will be closing this inquiry. Thank you for giving the Ombudsman’s Office the opportunity to assist you.

Ms. Unzueta Carrasco’s experience of growing up undocumented has made a deep impact in her life and in the choices that she has made regarding her involvement in community advocacy. After much frustration and pain of not being able to pursue educational and work opportunities while she was growing up, in March of 2010 Ms. Unzueta Carrasco was one of the eight young people who shared her story as part of the first National Coming Out of the Shadows day, organized by the Chicago-based Immigrant Youth Justice League (IYJL) in support of the Development Relief and Education for Alien Minors (DREAM) Act and immigration reform.[2]

In July 2010, Ms. Unzueta-Carrasco was arrested for the first time as part of a peaceful civil disobedience which was organized as part of a national action that young people participated in across the United States. Twenty-oneundocumented students held a sit-in inside Capitol Hill congressional buildings, urging the Senate to bring up the DREAM Act for a vote.[3]The charges for this action were “no papered,” meaning that the U.S. attorney declined to prosecute a criminal case against them due to the nature and intent of the action, mainly for reasons of political expression.Although the DREAM Act could not get enough votes for cloture in the Senate that winter after passing the House of Representatives, both the coming out of the shadows strategy and the civil disobedience actions by undocumented youth changed the country’s perception of immigrants and immigrant youth and the United States is their home, giving way to policies like the president’s DACA program.

Similar histories exist for the other arrests identified in the Ombudsman’s email, for which Ms. Unzueta Carrasco was either not found guilty, or where charges were dismissed. In August of 2011, when there was a national debate about the constitutionality of immigration detainers and whether the Secure Communities program should be mandatory, Ms. Unzueta Carrasco participated in a direct action and civil disobedience in Chicago, Illinois, calling for the end of the program.[4] This was her second arrest, and the court did not declare her or the other activists guilty.[5]The Secure Communities program was discontinued on in November 2014 by the president citing in part community-based opposition to the program and questions about the constitutionality of detainers.[6]Her third arrest took place as part of a protest bringing attention to the record-breaking deportations, that at the time were nearing 400,000 per year under the Obama administration.[7]The judge dismissed these charges when the police officers who made the arrest failed to show up in court. Lastly, Ms. Unzueta Carrasco joined her mother, father and sister in 2013 to participate in the “Journey for Justice” also known as the “Undocubus,” an initiative which involved a group of 40 immigrant rights organizers traveling across the south to organize with immigrant communities affected by immigration enforcement. At the end of that tour, she participated in the last action cited in the USCIS correspondence – an action demanding President Obama to take a strong stance against deportations.[8]Charges were dropped for this arrest as well.

Conclusion

Civil disobedience actions, a tactic of non-violent protest, are viewed as acts of conscience and remain a cornerstone of American social reforms and democracy. It is deeply troubling that in the decision over Ms. Unzueta Carrasco’s DACA renewal DHS views civil disobedience as a public safety concern, and not as protected First Amendment activity. Major advances in civil rights are a direct result of mass civil disobedience where people bravely put their lives on the line to bring attention to unjust laws and policies.

It is evident to those who know Ms. Unzueta Carrasco and who have seen her organizing that her participation in civil disobedience actions is an expression of her political views on immigration laws’ punitive and unfair laws, and that she seeks to bring about needed social change to improve the treatment of immigrants and other vulnerable populations in the United States. Each arrest is directly related to the times she spoke out to defend the rights of her family, immigrant communities and works to change harmful immigration enforcement practices. Not only should her participation in civil disobedience not make her a public safety concern, her role in civic engagement is an important part of the fight for immigrant and civil rights.

In the face of congressional inaction, these persistent calls and actions from immigrant communities gave the president the support he needed to enact DACA and to mount a strong defense for Presidential executive actions in the face of anti-immigrant obstruction. Penalizing Ms. Unzueta Carrasco for her participation in these actions sets a dangerous precedent for the hundreds of immigrants who have participated in civil disobedience and have been arrested as a result.

As organizations whose members and clients have participated in these actions, and benefited from advancements made by the immigrant rights movement, we ask that USCIS reconsider Ms. Unzueta Carrasco’s DACA application and grant her request to renew DACA. Furthermore, we urge USCIS to establish a process of inquiry for applicants whose DACA is denied, as in the case of Ms. Unzueta Carrasco, for them to request information regarding the reason for the denial and be able to provide evidence for reconsideration when applicable.

If you should have any questions about this letter, and to respond to this request, please contact Ms. Tania Unzueta Carrasco, at 773-387-3186 or .

Thank you,

  1. Organized Communities Against Deportations(Chicago, Illinois)
  2. PASO – West Suburban Action Project (Melrose Park, Illinois)
  3. National Immigrant Justice Center (National)
  4. Mijente, #Not1More Deportation Campaign(National)

National Co-Signers

  1. National Immigration Project of the National Lawyer’s Guild (National)
  2. PICO National Network (National)
  3. Familia: Trans Queer Liberation Movement (National)
  4. National Guest workers Alliance (National)
  5. Immigrant Defense Project (National)
  6. Alliance for Citizenship (National)
  7. First Focus (National)
  8. Center for Popular Democracy (National)
  9. Mexico-US Solidarity Network (National)
  10. NETWORK - National Catholic Social Justice Lobby (National)
  11. National Justice for Our Neighbors (National)
  12. National Partnership for New Americans (National)
  13. National Latina Institute for Reproductive Health (National)
  14. Immigrant Legal Resource Center (National)
  15. GetEqual (National)
  16. National Korean American Service & Education Consortium (National)
  17. Farmworker Justice (National)
  18. We Belong Together Campaign (National)
  19. Enalce International (National)
  20. Center for New Community (National)
  21. United We Dream (National)
  22. National Day Laborer Organizing Network (National)
  23. Detention Watch Network (National)
  24. Grassroots Leadership (National)
  25. Jobs with Justice (National)

State-Wide and Regional Co-Signers

  1. Illinois Coalition for Immigrant and Refugee Rights (Illinois)
  2. Georgia Latino Alliance for Human Rights (Georgia)
  3. Latino Advocacy and NW Resistance (Washington)
  4. Migrant Justice / JusticiaMigrante (Vermont)
  5. Michigan United (Michigan)
  6. California Pacific Conference of the United Methodist Church (California)
  7. New Orleans Congress of Day Laborers (Louisiana)
  8. New Orleans Workers Center for Racial Justice (Louisiana)
  9. AlertaMigratoria (North Carolina)
  10. Coloradans for Immigrant Rights of the American Friends Service Committee (Colorado)
  11. One America (Washington)
  12. Southerners on New Ground (SONG)
  13. Casa Maryland (Maryland)
  14. Southeast Immigrant Rights Network (SEIRN)
  15. Tennessee Immigrant and Refugee Rights Coalition (TIRRC)
  16. Georgia Not One More Deportation Coalition (Georgia)
  17. New Sanctuary Movement (Philadelphia)
  18. Coalición de Lideres Latinos (Colorado)
  19. Latin American Coalition (North Carolina)
  20. New York Immigration Coalition (New York)
  21. Progressive Leadership Alliance of Nevada (Nevada)
  22. Make the Road New York (New York)
  23. Immigrant Youth Coalition (California)
  24. Colorado People’s Alliance (Colorado)
  25. Colorado Immigrant Rights Coalition (Colorado)
  26. Promise Arizona (Arizona)
  27. Pennsylvania Immigration and Citizenship Coalition (Pennsylvania)
  28. Causa Oregon (Oregon)
  29. Together Colorado (Colorado)
  30. Massachusetts Immigrant and Refugee Advocacy Coalition (Massachusetts)
  31. Voces de La Frontera (Wisconsin)
  32. Virginia Coalition of Laitno organizations (Virginia)
  33. Make the Road PA (Pennsylvania)

Chicago-Based Co-Signers

  1. Chicago Community and Worker’s Rights (Chicago, Illinois)
  2. Service Employees International Union - Local 1 (Chicago, Illinois)
  3. Latino Union of Chicago (Chicago, Illinois)
  4. Centro Autonomo de Albany Park (Chicago, Illinois)
  5. Autonomous Tenants Association (Chicago, Illinois)
  6. Instituto del Progreso Latino (Chicago, Illinois)
  7. The Resurrection Project (Chicago, Illinois)
  8. Brighton Park Neighborhood Council (Chicago, Illinois)
  9. Southwest Organizing Project (Chicago, Illinois)
  10. Interfaith Leadership Project (Chicago, Illinois)
  11. Chicago Religious Leadership Network on Latin America (Chicago, Illinois)
  12. Association of Latinos Mobilizing for Action (Chicago, Illinois)
  13. Mujeres Latinas en Acción (Chicago, Illinois)
  14. United Electrical Workers - Western Region (Chicago, Illinois)
  15. Warehouse Workers for Justice (Chicago, Illinois)
  16. Asian Americans Advancing Justice - Chicago (Chicago, Illinois)
  17. Southwest Suburban Immigrant Project (Chicago, Illinois)
  18. Centro Sin Fronteras / Familia Latina Unida (Chicago, Illinois)
  19. Enlace Chicago (Chicago, Illinois)
  20. Arab American Action Network (Chicago, Illinois)
  21. South Asian American Policy & Research Institute (Chicago, Illinois)
  22. Logan Square Neighborhood Association (Chicago, Illinois)
  23. Chicago Teacher’s Union Human Rights Committee (Chicago, Illinois)
  24. Raise the Floor (Chicago, Illinois)

Local Co-Signers

  1. Puente Human Rights Movement (Phoenix, Arizona)
  2. Portland Voz Worker’s Education Project (Portland, Oregon)
  3. Coalition for Humane Immigrant Rights of Los Angeles (Los Angeles, California)
  4. Free Migration Project (Philadelphia, Pennsylvania)
  5. Orange County Immigrant Youth United (Orange County, California)
  6. Westmoreland Congregational United Church of Christ (Bethesda, Maryland)
  7. First Christian Church (Tucson, Arizona)
  8. Cleveland Jobs with Justice (Cleveland, Ohio)
  9. Stand with Dignity (New Orleans, Louisiana)
  10. United Church of Christ (Pescadero, California)
  11. Pilgrim United Church of Christ (Carlsbad, California)
  12. North County Immigration Task Force (San Marcos, California)
  13. Junta for Progressive Action (New Haven, Connecticut)
  14. Jobs with Justice (Portland, Oregon)
  15. Juntos (Philadelphia, Pennsylvania)
  16. Aspire Los Angeles (Los Angeles, California)
  17. Interfaith Movement for Immigrant Justice (Portland, Oregon)
  18. Lowcountry Immigration Coalition (Bluffton, South Carolina)
  19. Community to Community (Seattle, Washington)
  20. Asian Americans Advancing Justice (Los Angeles, California)
  21. Inland Empire Immigrant Youth Coalition (Inland Empire, California)
  22. ScholarshipAZ (Tucson, Arizona)
  23. United Methodist Church (New York, New York)
  24. Centro Legal de la Raza (Oakland, California)
  25. Normandy Park United Church of Christ (Seattle, Washington)
  26. First Stop Immigration Service
  27. El Centro Lazar (Albuquerque, New Mexico)
  28. Centro de Servicios para Campesinos (Woodburn, Oregon)
  29. University Leadership Initiative (Austin, Texas)
  30. National Lawyer’s Guild, Los Angeles (Los Angeles, California)
  31. New Mexico Dream Team (Albuquerque, New Mexico)
  32. Korean Resource Center (Los Angeles, California)
  33. Providence Youth Student Movement (Providence, Rhode Island)
  34. Olneyville Neighborhood Association (Olneyville, Rhode Island)
  35. Capital Area Immigrants' Rights Coalition (Washington D.C., Maryland)
  36. Florida Immigrant Rights Coalition (Florida)
  37. National Alliance Filipino Concern-Midwest
  38. Food Chain Workers Alliance (Chicago, Illinois)
  39. Junta for Progressive Action, Inc. (Portland, Oregon)
  40. Break Out (New Orleans, Louisiana)
  41. New Sanctuary Movement of Philadelphia (Philadelphia, Pennsylvania)
  42. Migrant Power Movement Philadelphia, Pennsylvania)
  43. Southside Presbyterian Church (Tucson, Arizona)
  44. The Praxis Project (Washington D.C.)

[1] Furthermore, the decision is legally incorrect as it deems Ms. Unzueta-Carrasco a public safety concern based on her participation in peaceful civil disobedience as a form of political expression. This finding of “public safety concern” is contrary the definition established by legal precedent. InMatter of Tavares Peralta, 26 I&N Dec. 171, 174 (BIA 2013) the Board held that for an offense to be characterized as one that endangers public safety, it is limited to those situations where the “public at large is endangered.”

[2]Immigrant Youth Justice League. “National Coming Out of the Shadows Day!” February 17, 2010.

[3]Illinois Coalition for Immigrant and Refugee Rights. “Courageous Chicago Undocumented Students Arrested in D.C.” July 20, 2010.

[4]Zaimundo, Maria Ines. “The Allure of Secure.” Chicago Reporter. November 1, 2011.

[5] People’s Law Office. “Eleven Activists Represented by People’s Law Office Found Not Guilty.”

[6] Johnson, Jeh. “Secure Communities.” United States Department of Homeland Security. November 20, 2014.

[7] Bogado, Aura. “Obama’s Chicago Fundraiser Targeted by Families Fighting Record Deportations.” The Nation. May 29, 2013.

[8] No Papers No Fear. “10 Undocumented No Papers No Fear Riders Arrested for Defending Civil Rights, Supporters Call on President and ICE to Be on the Right Side of History, Use Discretion and Do not Purse Deportation of Community Leaders.” September 04, 2012.