The Golden Door: December 2020
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.
DACA Remains, For Now
This month, a federal judge ordered the Trump administration to fully reinstate the Deferred Action for Childhood Arrivals (DACA) program. The ruling directed officials to begin accepting new DACA applications starting December 7 and to grant DACA recipients work permits that last for two years. This is great news for young adults who have been unable to apply for DACA for the last three years.
DACA remains under attack, however. Several states have sued the government to end DACA, and a federal court in Texas held a hearing on the case earlier this month. A ruling against DACA in this case could impact President-elect Biden’s power to extend DACA through executive action. Congress must end this cruel uncertainty and protect Dreamers by passing a pathway to permanent status as soon as possible.
TPS Extended for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan
The Department of Homeland Security (DHS) has announced that Temporary Protected Status (TPS) holders from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan have an automatic nine-month extension for their work authorization. This extension is a result of pending litigation in three cases: Ramos v. Wolf, Bhattarai v. Wolf, and Saget v. Trump. Find out more about this automatic extension on our website.
TPS is a life-saving program created by Congress in 1990. It is a temporary status provided to individuals from designated countries experiencing events like a civil war or an environmental disaster. It provides a work permit and a stay of deportation to those individuals who qualify. The Secretary of Homeland Security has the authority to designate, or remove, countries for TPS. The Trump administration has removed TPS designation for many countries, but litigation is ongoing.
Many TPS holders have lived in Maine for decades, which puts the “temporary” part of TPS in perspective, and have US citizen children, work, and are an integral part of our communities. While this automatic extension is important, it is only short-term. The only way to truly fix TPS is by Congress enacting legislation that provides TPS holders a pathway to permanent status.
COVID Relief Bill
On December 27, President Trump signed the latest COVID relief package into law. The bill is over 5,000 pages long, but our friends at Maine Equal Justice have summarized the new law here.
Many of you joined ILAP in asking Congress to include immigrant families in the relief bill. Thanks to you and the voices of immigrant-led organizations nationwide, mixed-status families are now included in the economic stimulus payments.
Married taxpayers filing jointly where one spouse has a social security number and one spouse does not are now eligible for a payment, in addition to a payment per child with a social security number. Further, the new law provides retroactive relief to these families who did not receive payment in the CARES Act. Unfortunately, families with no adults with a social security number still will not qualify, even if they have US citizen children.
We anticipate further COVID relief legislation in 2021 and will again ask you to call our Congressional delegation to demand inclusion of ALL families.
Rule Gutting Asylum Set To Go Into Effect January 11, 2021
Despite having less than a month left in office, the Trump administration has continued to issue anti-immigrant and anti-asylum rules and policies at the same rapid pace it has for nearly four years.
One rule, which would effectively end asylum, is set to go into effect January 11, 2021. Just six months ago, you heard our call to comment in opposition to this rule when it was proposed, and joined over 80,000 people who commented against it. The Trump administration rushed the final rule despite that opposition.
The rule, if allowed to go into effect, will:
Allow immigration judges to deny asylum without a hearing;
Allow judges to deny asylum for anyone who passed through other countries before arriving to the United States or crossed the border without going through an official entry point;
Make it much harder for families at the border to pass a ‘credible fear’ screening;
Limit the types of evidence asylum seekers may present;
Narrow the legal definitions of ‘torture’ and ‘persecution’ and ‘political opinion’; and
Give immigration officials discretion to deny asylum based on many new factors.
These provisions, as well as many others not listed, will effectively end asylum in the United States if allowed to go into effect. In at least two lawsuits, advocates have gone to court to try to stop this rule. Regardless of any court action, the Biden administration must take immediate action to overturn this regulation.
Volunteer Opportunity for Mental Health Professionals
Mental health professionals can support ILAP’s work by conducting psychological evaluations with our clients on a volunteer or pro bono basis.
By providing evaluations, mental health professional volunteers have the opportunity to make an enormous difference in the life of an individual seeking protection from deportation. We welcome volunteers from varied backgrounds including licensed clinical social workers, psychologists, psychiatrists, and physicians. Fluency in a second language – particularly French, Lingala, Portuguese, or Spanish – is an asset, as is experience working with immigrants.
If you are a mental health professional interested in partnering with ILAP, visit www.ilapmaine.org/volunteer to learn more and fill out a survey. Please help us spread the word and thank you!
A Closer Look
This section of the Golden Door takes “a closer look” at immigration using an intersectional lens based on a monthly theme. Let us know what you think!
Year-End Celebrations
The year's end brings many reasons to celebrate. In addition to Hanukkah, the Winter Solstice, and Christmas, Kwanzaa is celebrated from December 26 - January 1. Kwanzaa is an African American and pan-African holiday celebrating family, community, and Black culture.
The holiday was created by Dr. Maulana Karenga in 1966 in the aftermath of the Watts Rebellion. The Rebellion was a protest of police brutality, a historical echo of today's Black Lives Matter movement and a reminder of the violence long-endured by Black communities in this country.
Kwanzaa, whose name is derived from the Swahili phrase “matunda ya kwanza,” meaning “first fruits,” was originally based on various African harvest festival traditions. Each day of Kwanzaa highlights a different principle. Today marks the 6th day of Kwanzaa and honors Kuumba (Creativity). Kuumba is a reminder "to do always as much as we can, in the way we can, in order to leave our community more beautiful and beneficial than we inherited it."
The Indigo Arts Alliance is celebrating Kwanzaa this year by sharing the holiday’s seven principles and how they are reflected in their mission as a Black-led arts organization. Check out on their Facebook and Instagram to learn more and support their work!
Whatever way you celebrated this year, we hope it was safe and joyous. Here’s to a brighter and justice-filled 2021!