The Golden Door: December 2019
Legal and Policy Issues
We are closely monitoring state and federal immigration law and policy. Please check our social media accounts for more frequent updates.
Attacks on our Asylum System Continue
The United States has a long history of protecting those who flee persecution and violence in their home countries. We have signed international treaties and passed laws that give people the legal right to apply for asylum if they arrive in the U.S. This year, as refugee migration has increased around the world, our administration continued to implement harsh policies aimed at preventing refugees and asylum seekers from getting protection in the U.S. These policies violate our international obligations and the due process protections enshrined in our Constitution.
Here are some of the most recent policies undermining our asylum system:
Currently, a "Turn Back" policy prevents asylum seekers from entering the U.S. when they arrive at a port of entry. They are placed on a waiting list and subject to a metering system that only permits a handful of individuals to enter the U.S. and request asylum each day. As a result, thousands of asylum seekers are languishing in dangerous, inhumane conditions in Mexico while they wait for their turn to enter the U.S.
Under the Migrant Protection Protocols (MPP) program, also known as “Remain in Mexico,” those who finally make it into the U.S. through the metering system are processed and then returned Mexico to wait for their immigration court hearings. They must live in unsanitary tent camps with limited access to lawyers while they wait for what may be years before their cases are heard. Currently, it appears that this policy is only being applied to Central American asylum seekers. So far, the approval rate is only 0.1% for completed asylum cases under MPP, according to the Transactional Records Access Clearinghouse at Syracuse University.
Under the Third Country Transit Asylum Bar, known as Asylum Ban 2.0, those who entered the U.S. through the southern border on or after July 16, 2019 and failed to apply for asylum while traveling through a transit country are ineligible to apply for asylum. This policy has been challenged and is making its way through the court system.
Under an agreement with the Guatemalan government, the U.S. has begun sending some asylum seekers back to unsafe, remote areas of Guatemala to apply for asylum.
Even those who manage to make it through the administration's draconian border policies face numerous obstacles in the asylum process once they are in the country. Recent changes have made it incredibly difficult for people to seek asylum based on domestic violence or family membership. Moreover, asylum grant rates are at their lowest across the country. Other proposed rules would make it more difficult for asylum seekers to get work authorization, while another would create new bars to asylum for individuals with certain criminal charges or convictions.
Fee Waiver Ruling a Victory for Maine Communities
On December 9, a federal district court blocked recent changes made to the fee waiver process for immigration applications from continuing to take effect. If allowed to continue, the change would have created onerous documentary requirements for low-income people to request a fee waiver with their immigration application, essentially creating a wealth test.
This ruling means that, for now, thousands of immigrants across the country who qualify for fee waivers will be able to apply for immigration status or citizenship, deepen their civic engagement and strengthen our communities. Unfortunately, this ruling does not impact the proposed rule that would increase immigration fees and eliminate fee waivers for many applications, which is detailed below.
Call to Action: Deadlines Approaching to Comment Against Two Proposed Anti-Immigrant Rules
Proposal for Drastic Increase in Immigration Application Fees
December 30, 2019 is the deadline to submit a comment opposing a proposed rule that would dramatically increase immigration application fees. You can submit your comment in opposition here: www.federalregister.gov/documents/2019/12/09/2019-26521/us-citizenship-and-immigration-services-fee-schedule-and-changes-to-certain-other-immigration.
Under the new fee structure, asylum seekers would need to pay $490 to apply for their first work permit and $50 to apply for asylum (both of which are currently free). If implemented, these changes would make the U.S. one of only four countries in the world that charges people to apply for asylum. The new rule would also eliminate fee waivers for most applications, except those required by law, and significantly increase the fees for many applications. Alarmingly, some of the revenue from these increased fees would be used to pay for Immigration & Customs Enforcement (ICE) activities.
If implemented, these changes would have a devastating impact on Maine’s immigrant and asylum-seeking communities, especially low-income individuals and families who would face a major barrier to maintaining life-changing legal status or reuniting with loved ones.
***Note that the new fees are not yet in effect. Please visit our website for more information on the proposed rule and how to submit a comment.***
Proposed Rule to Delay Work Permits for Asylum Seekers
January 13, 2020 is the deadline to submit a comment opposing a proposed rule that would more than double the time asylum seekers must wait to apply for a work permit. You can submit your comment in opposition here: www.federalregister.gov/documents/2019/11/14/2019-24293/asylum-application-interview-and-employment-authorization-for-applicants.
Currently, asylum seekers can apply for a work permit 150 days after their asylum application is filed. Under the proposed rule, this wait time would increase to 365 days and some asylum seekers, including those who entered the U.S. illegally, would be prevented from getting a work permit until their asylum case is approved (which can take several years).
This proposed rule change is one of the many recent attacks on asylum and would delay the entry of asylum seekers into Maine’s workforce. It would also place a significant burden on communities and local and state governments that support asylum seekers when they are unable to work.
***Note that this rule is not yet in effect. Please visit our website for more information on the proposed rule and how to submit a comment.***