The Golden Door: October 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.
Courts Stop Public Charge Rule From Taking Effect
Several federal courts have blocked the new public charge rule from taking effect! This rule would have made it extremely difficult for immigrants who are not wealthy to obtain family-based green cards and some other visas.
In a wave of rulings before the October 15th start date of the new rule, several federal courts issued preliminary injunctions preventing the rule from going into effect. One court ruled that irreparable harm would be suffered immediately if the rule goes into effect. This means that all of you who commented against this rule last year are a huge part of this win.
Language from one opinion out of the Southern District of New York is particularly compelling: "The Rule is simply a new agency policy of exclusion in search of a justification. It is repugnant to the American Dream of the opportunity for prosperity and success through hard work and upward mobility. Immigrants have always come to this country seeking a better life for themselves and their posterity. With or without help, most succeed."
While the fight is far from over, these rulings mean that the new, wealth-based test for family immigration will not take effect anytime soon. Families should continue to use programs to which they are entitled without fear. Find out more at www.ilapmaine.org/public-charge.
DACA In the Supreme Court
The future of Deferred Action for Childhood Arrivals (DACA) will be determined in the Supreme Court this term. The administration attempted to end DACA in September 2017, but courts have stymied that plan, allowing DACA recipients to renew their DACA status in the meantime. Respondents in the case, who support DACA, will argue that the government violated the law in the way it ended the program. The Court will hear arguments in this case on November 12, 2019.
Earlier this month, many coalitions and organizations filed "amicus briefs," which are briefs filed by non-parties with a strong interest in the outcome of a case. Briefs in support of DACA were submitted by CEOs of major companies, universities and colleges, individual young immigrants, and many others. ILAP signed on to an amicus brief from nonprofit legal services organizations. This brief outlines the harm that ending the program will cause to DACA eligible youth. You can read the amicus brief here.
Call to Action:
Rather than force DACA holders to wait in fear and trepidation over the SCOTUS 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.
Presidential Proclamation Attacking Family Immigration
It can be hard to keep up with the many ways this administration is attacking immigrant families. On October 4, the President issued a Presidential Proclamation. It states that starting November 3, the government will deny admission to people seeking family-based immigrant visas (and some others) who cannot show that they have health insurance, will have health insurance within 30 days after entry, or are financially able to pay any foreseeable medical costs.
***The proclamation is NOT currently in effect. It will NOT apply to non-immigrant visa applicants, to green card holders, to adjustment of status applicants, unmarried children and adoptees of U.S. citizens, children under age 18, or to refugees or asylum seekers.***
We strongly condemn the proclamation. Like the new public charge rule, this harmful policy undermines family immigration. The proclamation is sending the message that if you are not wealthy, you are not welcome here.
Experts have analyzed the impacts of this policy if implemented, and they estimate that this could exclude 2/3 of future immigrants. The President is attempting to end family immigration by proclamation, and we expect this to be challenged in court.
Egregious Violations of Due Process at "Tent Courts"
We continue to see appalling consequences of the cruel "Remain in Mexico" policy. The government has now set up tent courts at ports in Laredo and Brownsville, Texas, to hear cases from individuals sent back to Mexico to await their asylum hearing.
These tent courts seem to violate due process rights of asylum seekers by design. The courts conduct hundreds of hearings per day exclusively by video. Videoconferencing in a fair manner is nearly impossible under the best of circumstances. A significant part of an asylum hearing is the judge's determination of an asylum seeker's credibility. Imagine assessing whether someone's story is credible when you cannot see their nonverbal cues, have to use a remote interpreter, and have connectivity issues, sometimes in the middle of an asylum seeker's wrenching testimony.
Moreover, the Mexican towns of Nuevo Laredo and Matamoros, where asylum seekers are awaiting their hearings, are experiencing an uptick in violent crimes and kidnapping. The State Department has even issued a level four "Do Not Travel" warning in those towns. While asylum seekers are already in serious danger waiting for their cases in these towns, the courts start up as early as 4:30am and force individuals to travel to court when it is still dark outside. Legal advocates are less willing to travel to Mexico to help asylum seekers due to the dangerous conditions, which puts asylum seekers at an even greater disadvantage.