RALEIGH – With N.C. Secretary of State Elaine Marshall’s violations of federal law and North Carolina statue well documented in regards to the illegal licensing of DACA recipients as Notaries Public, more evidence is surfacing that multiple state agencies are systematically ignoring the law to confer state benefits on this population.
For President Trump’s well received State of the Union address to congress, Rep. David Price (D-NC) decided to pull his own PR stunt by inviting a DACA recipient to be his guest in the gallery. Her name is America Moreno Jiminez, she lives in Raleigh, and she was illegally granted a North Carolina Teacher’s License by the N.C. Department of Public Instruction.
U.S. Federal Code 8USC1621 dictates that:
“(a) In general, Notwithstanding any other provision of law and except as provided in subsections (b) and (d), an alien who is not—
(1) a qualified alien (as defined in section 1641 of this title),
(2) a nonimmigrant under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], or
(3) an alien who is paroled into the United States under section 212(d)(5) of such Act [8 U.S.C. 1182(d) (5)] for less than one year is not eligible for any State or local public benefit (as defined in subsection (c)).
(c) “State or local public benefit” defined
(1) Except as provided in paragraphs (2) and (3), for purposes of this subchapter the term “State or local public benefit” means—
(A) any grant, contract, loan, professional license, or commercial license provided by an agency of a State or local government or by appropriated funds of a State or local government; and
(B) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of a State or local government or by appropriated funds of a State or local government.”
DACA recipients do not meet the requirements to receive licenses conferred by agencies of the State. The Department of Homeland Security spelled it out clearly, in regards to DACA, that the temporary deferred action granted those affected no legal permanent status, and no legal permanent residency.
While several states have passed legislation clearing the way for DACA recipients to be eligible for certain state certification, North Carolina has passed no such law and it remains illegal to give non-citizens state certifications and/or licenses unless they have a permanent work visa or other lawful status.
Still, Price paraded Ms. Jiminez during the SOTU address as a licensed teacher in North Carolina, apparently oblivious to the current laws prohibitive of her receiving that very certification:
“I’m honored to be joined by America at this year’s State of the Union address,” said Congressman Price. “Her passion for giving back to the community where she grew up is a testament to the story of many Dreamers in our community and our country. Despite the persistent uncertainty and fear created by her immigration status, America persevered to graduate high school, college, and graduate school. Then, because of the DACA program, she was able to became a certified ESL teacher, filling a crucial need in our state and serving an often overlooked student population. Her success is one of many inspiring stories of Dreamers who came to America as children and have made incalculable contributions to the only nation they have ever known.”
And, make no mistake, America’s story is laudable – she is hardworking, perseverant, and dedicated to helping others – but this isn’t about her as a person, her character, or even reasonable desires to legalize illegal aliens in similar situations, This is about her being licensed as a teacher by N.C. DPI against state and federal law – it represents a break down in the obeyance of law in the Old North State. Her certification did not happen BECAUSE of the DACA program, it happened DESPITE the specific limitations of the program.
Former N.C. House member Chris Millis, who spearheaded since stalled efforts to hold N.C. Sec. of State Elaine Marshall accountable for her practice of illegally certifying DACA as notaries, worries that disregard for the laws on the books is pervasive through out state government. He expressed such when informed of Ms. Jiminez’s situation, saying it is:
“A systematic disregard of state law as well as a defiance of settled federal law that prevents public benefits from being granted to unqualified aliens.
“This is just another example of the coordinated effort by the Left to authorize and process public benefits to unqualified aliens regardless of the law and the effect it may have on the citizens they are obligated to serve.”
The fact that DACA are not eligible for these kind of state benefits is even acknowledged by the N.C. Justice Center as they push policy recommendations to change state law:
2. Access to Occupational and Professional Licenses. Another way policymakers can strengthen outcomes among beneficiaries is by making them eligible for occupational and professional licenses. In North Carolina, no state law has been passed that specifies DACA beneficiaries as a category of non-citizens eligible for obtaining occupational and professional licenses. Their ineligibility means that some cannot put their education and training into action despite their investment in their education. Despite receiving training to aid those in need, professionals such as nurses and doctors who have DACA cannot put their much needed skills
into practice. The absence of this policy can also be a deterrent to enrollment in programs that require licensure, and it contributes to a shortage of skilled labor in our state.”
Despite the clarity available to any who care to look at what the federal and state laws actually say about conferring state benefits upon the DACA population, our own state agencies, even those headed by Republicans, continue to ignore the law.
Moreover, this goes beyond N.C. DPI, it is also happening at the N.C. Department of Insurance, which is also now under Republican leadership.
We’ll have more on that coming soon, as well as evidence that a DACA recipient, illegally certified as a Notary Public in North Carolina by Elaine Marshall, validated absentee ballots in the 2016 elections….AFTER their sketchy notary license was expired!