Things That Matter

Trump Is Claiming That DACA Recipients Are Criminals But They Literally Can’t Have A Criminal Record

President Trump lied to the American people, tweeting that “some” of DACA recipients are “very tough, hardened criminals.” In fact, any significant criminal activity would disqualify someone from receiving DACA’s protections. So, calling just one of “the people in DACA” “a very tough, hardened criminal,” is a false statement. It misleads the American people and further fans the continued rise of racism against Latinos in a ploy to appeal to his base. While the new normal may be to scoff at the consistent lies and Twitter-fueled intimidation tacts employed by Trump, we must hold each lie accountable. Just over three months ago, a white supremacist wrote a manifesto using much of the language the president uses. Then, he drove to El Paso and slaughtered 22 Mexican nationals and Mexican-Americans.

The morning of a Supreme Court hearing regarding Trump’s decision to end Deferred Action for Childhood Arrivals (DACA), Trump tweeted this lie:

Credit: @realDonaldTrump / Twitter

“Many of the people in DACA, no longer very young, are far from ‘angels.’ Some are very tough, hardened criminals,” Trump tweeted on November 12. Later, he tweeted, “DACA recipients with arrest records: 53,792! That is a very large proportion of the total.” The percentage is in fact 7.76 percent of approved DACA recipients, according to a report released by The US Citizenship and Immigration Services (USCIS). Trump continues to pander misleading statistics to the American people to allude that any kind of “deal with the Dems” would be generous. 

Those “arrests” include apprehensions from ICE. The USCIS website clearly states, “An arrest indicates the individual was arrested or apprehended only and does not mean the individual was convicted of a crime… Further, individuals may not have been charged with a crime resulting from the arrest, may have had their charges reduced or dismissed entirely, or may have been acquitted of any charges.”

An arrest is not a charge or even a conviction of a crime. Arrests do not necessarily indicate criminality.

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We all know that people of color are often scrutinized by law enforcement more harshly, and often, inappropriately. Innocent people are arrested all the time. Less frequently, innocent people are convicted, though we know it happens. Ruben Martinez, Jr., an innocent man, was just exonerated of all charges this month after serving 11 years in prison. Fact: arrest records do not indicate criminality in any individual. Convictions do. 

There are no public records that offer conviction histories of DACA recipients. The entire basis of this report by USCIS is contrary to the American values of “innocent until proven guilty.” Arrests do not indicate guilt. It is also important to remember that having no criminal record is a necessary stipulation in order to receive DACA status.

Nearly a quarter of the arrest offenses are immigration-related.

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Effectively, the exact legal basis of why DACA exists: to allow children brought into the country illegally to thrive without fear of arrest for their parents’ actions. Examples of such immigration-related offenses include over-staying visas. The most common type of offense, accounting for nearly 40 percent of all arrests are driving-related (excluding DUIs). Remember all those times you’ve gotten a speeding ticket, or didn’t make a complete stop before making a right on red? That’s your arrest record. That’s the bulk of the “hardened” crimes DACA requestors have on record (not necessarily with conviction).

If an immigrant has been convicted of a felony, a significant misdemeanor, or three or more misdemeanor offenses, they are ineligible for DACA.

Credit: @scotus / Twitter

In fact, immigrants with any type of significant arrest history will likely pass on applying for DACA, because it effectively places them on the federal government’s radar. A good immigration attorney won’t allow their clients to give up so much information about their criminal record, place of work, or home address if they feel they’ll be denied by DACA, because it may trigger an arrest warrant by ICE. Arguably, “hardened criminals” don’t even apply for DACA, let alone receive it by the federal government. DACA recipients must reapply for DACA status every two years. So, if a DACA recipient becomes a “hardened criminal,” then they would lose their deportation protections.

READ: Supreme Court Hearing Arguments For DACA, Leaning Towards Elimination

Guatemala’s President Is Going To Have To Settle The Immigration Negotiation With Trump

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Guatemala’s President Is Going To Have To Settle The Immigration Negotiation With Trump

dr.giammattei / Instagram

Tuesday marked a new era of leadership in Guatemala as the Latin country swore in Alejandro Giammattei, a conservative doctor and former prison system director from the right-wing Vamos party. The 63-year-old won the presidency on his fourth attempt back in August with bold promises of changing a corrupt government and restoring the rule-of-law in city streets. 

“Today, we are putting a full stop on corrupt practices so they disappear from the face of this country,” Giammattei said at his swearing-in ceremony that had a five-hour delay.

His ceremony somewhat overshadowed by delays and protests against ex-President Jimmy Morales, who for four years dodged accusations of corruption. The scene of protestors throwing eggs and voicing anger at the outgoing administration was a reminder of the displeasure against the country’s deep-seated political corruption. It’s also a key reason why many are looking to Giammattei to bring change to the struggling country. 

As Giammattei takes office, there are questions on what his presidency will mean to Guatemala in the short and long term as issues over the future of an asylum deal with the United States comes into focus. 

One of the biggest issues confronting Guatemala and one that Giammattei will have to address early is the Asylum Cooperation Agreement (ACA) that was signed by Morales last July with the U.S. government. The agreement, which was highly opposed in Guatemala, lets U.S. immigration officials send Honduran and Salvadoran migrants that are requesting asylum at the U.S.-Mexican border to apply for protection here instead. There is now increasing skepticism as reports say that the U.S. wants to expand the deal to include Mexican asylum seekers as well.

Last year, there were many Guatemalans that were part of a 3,000 migrant caravan that made its way up from Latin America to the U.S. The caravan consisted of people that were looking to claim asylum and became a symbol of the growing migration crisis at the southern border. President Trump frequently attacked the caravan and eventually threatened to impose tariffs on Guatemala if it didn’t agree to the asylum deal.

According to the Guatemalan Migration Institute, “as of Friday, 128 Salvadoran and Honduran asylum seekers had been sent as part of the agreement,” with only a limited number actually applying for asylum there and others returning home. Giammattei has previously said that he’s willing to make changes to the agreement but on Tuesday said he would revisit details later. 

The country, one of Latin America’s poorest nations, is a key part of President Trump’s plan to curb illegal immigration and asylum claims. mostly from those coming to the U.S. Southern border. The issue for many living in Guatemala is how to let those seeking asylum when itself has become a major source of U.S. bound migrants. 

Poverty levels have only grown in the last 20 years and income inequality levels continue to be a big problem in the country. 

One of the big platform issues that Giammattei ran his campaign on was helping the shorten income inequality gap and poverty levels that have only grown in the last 20 years. Fifty-nine percent of Guatemalan citizens live below the poverty line and almost 1 million children under the age of 5 are believed to live with chronic malnutrition, according to the AP. 

There is also the rampant problem of street violence and cartel gangs that have had a major effect on the daily lives of many in the country. Giammattei plans to address this with reforms that include designating “street gangs as terrorist groups.”

“This is the moment to rescue Guatemala from the absurd. It is the moment to combat corruption and malnutrition,” Giammattei said on Tuesday in his first address to the country as president. “There is no peace without security, I will present a law that aims to declare street gangs for what they are – terrorist groups.”

There is hope that Giammattei will turn a new page in Guatemala that will see change come to all in the country that has faced uncertainty for years. But only time will tell if this is indeed new leadership or business as usual.

“We will bring back the peace this country so dearly needs,” Giammattei said. “We will govern with decency, with honourability, and with ethical values.”

READ: In Efforts To Double Latino Representation In Hollywood, LA Mayor Eric Garcetti Unveils New Historic Initiative

Mexican National Jumped To His Death Off A Bridge After He Was Denied Asylum

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Mexican National Jumped To His Death Off A Bridge After He Was Denied Asylum

El Mañana de Reynosa / Facebook

To understand why undocumented immigrants will do everything in their power to get to the United States is to fundamentally understand what is at the core of their fears. They are not all seeking the “American Dream” or to have a better life, many are seeking to have a life free of fear and violence. For many people seeking asylum, it’s a matter of life or death. Remaining in their home countries means death, and there’s no other way of saying it. People are dying at the hands of gangs and the cartels. So, when people risk their lives to enter the U.S. without documentation, it’s because they have nothing to lose. The worst part of all is being turned away by the U.S. because some of these have nothing else to live for. 

A Mexican national in his 30s or 40s cut his throat and jumped to his death off a bridge across the Rio Grande after he was denied by the U.S. border patrol.

Credit: @mlnangalama / Twitter

The man, who has yet to be identified, committed suicide on Wednesday, Jan. 8, and according to several news reports, was seeking asylum. Reports say that he jumped off the Pharr-Reynosa International Bridge, which is between the Mexican border city of Reynosa and Pharr, Texas. 

We attempted to reach information about his death via the U.S. border patrol. However, because the death occurred on Mexican soil, American officials do not have to comment about the death or include it in any of their reports. 

Mexican officials are investigating the death further.

Credit: El Mañana de Reynosa / Facebook

The prosecutor’s office for the Mexican state of Tamaulipas did release more information about the man saying, “He was attempting to cross to the U.S. side to request asylum. When he was denied entry, he walked several meters (yards) toward the Mexican side and cut himself with a knife.” The death occurred around 5 p.m. local time. 

It’s unclear why the man decided to take such extreme measures, but as we noted earlier, some of the undocumented people have said returning home is like facing death. 

According to footage made available to the Spanish-language publication, El Mañana de Reynosa, a video shows the man pacing back and forth on the bridge while officials attempt to calm him down.  The standoff lasted for about 15 minutes. Since the man was behaving dangerously, U.S. officials closed the gates to the border and stopped international entry. After the man jumped, the Red Cross arrived at the scene where he was pronounced dead. 

Undocumented people are facing even more hardships when getting denied asylum. Aside from “remaining in Mexico” until it’s time for their asylum hearing, some are now being transferred to Guatalama even if they’re Mexican.

Credit: El Mañana de Reynosa / Facebook

This week the Trump Administration announced that some Mexican nationals would be sent to Guatalama under near agreements between both country officials. 

“Certain Mexicans seeking humanitarian protection in the United States may now be eligible to be transferred to Guatemala and given the opportunity to seek protection there, under the terms of the Guatemala Asylum Cooperative Agreement,” a spokesperson for the agency said in a statement to NBC News.

To make matters worse, the outgoing Guatemalan President Jimmy Morales said that agreement never became official. He said the U.S. would have to discuss the matter further with the new president. 

“It’s more than clear; in the agreement, it only lays out Salvadorans and Hondurans,” Morales said, according to Time magazine. “The United States has talked about the possibility of including Mexican nationals, but that they have to discuss it with the next government. In the last visit we made to the White House with President Trump we were clear saying that that negotiation had to be done with the new government.”

All of this disorganization by the part of the United States just complicates matters more for the vulnerable undocumented community. They seek to enter the United States, and getting turned away means more uncertainty than before. 

This is not the first time a person has committed suicide soon after being deported. 

Credit: @adv_project / Twitter

In 2017,  44-year-old Guadalupe Olivas Valencia also jumped to his death soon after he was deported to Mexico. He had been previously living in California, working as a gardener. 

READ: Trump Administration Plans To Send Some Mexican Asylum-Seekers To Guatemala And Mexico Is Fighting Back