The Golden Door: November 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.
Temporary Protected Status Extended for Six Countries
Late last month, the administration announced that it will automatically extend Temporary Protected Status (TPS) for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan through January 4, 2021. This extension was made in response to preliminary injunctions that blocked the government from ending the program.
Individuals with TPS do NOT need to apply for an extension. For proof of employment eligibility, they can present their expired work permit and a copy of the Federal Register announcement. More information in English, Haitian Creole and Spanish is available on ILAP’s website.
Proposed Rule to Drastically Increase Application Fees
On November 14, the administration proposed a new rule that would increase immigration application fees by an average of 21%. 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. For example, the fee to apply for U.S. citizenship would increase by 83%. 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.
Call to Action:
The public has until December 16, 2019 to submit comments in response to the proposed fee structure. It is important that as many people as possible send comments to oppose the rule change: https://www.federalregister.gov/documents/2019/11/14/2019-24366/us-citizenship-and-immigration-services-fee-schedule-and-changes-to-certain-other-immigration.
More information is available in English, Spanish, and French on ILAP’s website.
***The new fees are not yet in effect. Individuals should not rush to file an application and should seek legal advice if they are concerned about their status.***
Proposed Rule to Delay Work Permits for Asylum Seekers
On November 14, the administration also proposed a rule aimed at asylum seekers that would more than double the time they must wait to apply for a work permit. 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 the latest attack on asylum protections 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.
Call to Action:
The public has until January 13, 2020 to submit comments in response to the proposed rule change. It is important that as many people as possible send comments in opposition: https://www.federalregister.gov/documents/2019/11/14/2019-24293/asylum-application-interview-and-employment-authorization-for-applicants.
More information is also available on ILAP’s website.
***This rule is not yet in effect. Individuals should not rush to file an application and should seek legal advice if they are concerned about their status.***
Proposed Health Insurance Rule Blocked
On November 2, a federal judge in Portland, Oregon temporarily blocked a recently announced rule that would require some immigrants to prove they will have health insurance or can pay for medical care before they could get certain visas. The organizations who filed the lawsuit to block the rule saw it for what it is – yet another attempt to undermine family-based immigration and attack low-income families. Although this is good news, litigation over the rule will continue in court.
***This rule is not in effect and would NOT apply to non-immigrant visa applicants, green card holders, unmarried children and adoptees of U.S. citizens, children under age 18, refugees or asylum seekers.***
Refugee Protection Act Introduced to Congress
On November 21, the Refugee Protection Act (RPA) was introduced in the House and the Senate by Representative Zoe Lofgren and Senator Patrick Leahy, respectively. The RPA provides a comprehensive plan for restoring due process and humanitarian protections to our refugee and asylum systems, which have been decimated by the policies of the current administration.
Contact your Congressional representatives and ask them to become co-sponsors of the Refugee Protection Act:
Senator Susan Collins: 202-224-2523
Senator Angus King: 202-224-5344
Representative Jared Golden: 202-225-6306
Representative Chellie Pingree: 202-225-6116
At a time when the world is facing an international refugee crisis and we continue to see the appalling consequences of the inhumane “Remain in Mexico” policy, it is important that the United States regain its historical role as a leader in refugee and asylum protections. Earlier this month, ILAP also joined 119 organizations and 122 academics across the country to sign onto a letter urging Congress to end the Remain in Mexico policy.
Supreme Court Hearing on Deferred Action for Childhood Arrivals (DACA)
On November 14, the Supreme Court heard arguments on the future of the Deferred Action for Childhood Arrivals (DACA) program. The outcome of this case, which is expected in the spring, will impact hundreds of young people in Maine and an estimated 700,000 people across the country. As noted in last month’s Golden Door, ILAP signed on to an amicus brief from nonprofit legal services organizations that outlines the harm that ending the program will cause to DACA-eligible youth.
Rather than force DACA holders to wait in fear and trepidation over the Supreme Court ruling, Congress could remedy this immediately by passing the Dream and Promise Act in the Senate (the House already passed it in June). Call Senator King (202-224-5344) and Senator Collins (202-224-2523) and ask them to demand a Senate vote on the Dream and Promise Act.