The Golden Door: February 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.
Expanded Muslim Ban in Effect
The Trump administration's Travel Ban 3.0 is already in effect for individuals from Libya, Iran, Somalia, Yemen, Syria, North Korea, and Venezuela. The expanded Ban impacting individuals from Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, and Tanzania went into effect on February 21.
Only certain nationals from Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, and Tanzania are impacted by the expanded ban. The expanded ban only applies to individuals who:
are outside of the U.S. on February 21, 2020,
did not have a valid visa on February 21, 2020, and
have not obtained a waiver.
Find out more about the expanded ban here.
You can help! Congress will soon vote on the NO BAN Act, which will repeal the Muslim Ban and limit executive authority to prevent any president from issuing a similar ban in the future. Both of Maine's representatives have signed on as cosponsors. Call their offices to thank them for supporting a repeal of the Muslim Ban and encourage them to pass the bill as written without any amendments:
📞 Representative Jared Golden: 202-225-6306
📞 Representative Chellie Pingree: 202-225-6116
Go to repealtheban.org for more information.
Increased U.S. Customs and Border Protection Activity in Maine
In recent weeks, we have received numerous reports of increased enforcement by Border Patrol agents throughout Maine (not just at the border), including bus raids and checkpoints at transportation hubs.
The entire state of Maine lies within the "100 Mile Border Zone" where U.S. Customs and Border Protection (CBP) can operate with additional authority. But its legal authority is limited and CBP agents routinely ignore or misunderstand these limits, resulting in the violation of people's constitutional rights.
A recently leaked CBP memo acknowledges that bus companies do not have to allow Border Patrol agents on board to conduct immigration checks. Greyhound has since committed to not allowing CBP agents to board its buses without a warrant. Concord Coach, which also operates in Maine, now says that it is "reconsidering" its policy of allowing Border Patrol agents to board buses and perform warrantless immigration checks on passengers.
Take action now by making sure you know your rights - regardless of your immigration status. In these times of unprecedented attacks on immigrant communities, it is more important than ever to know your constitutional rights when interacting with immigration enforcement agents.
More information from our friends at ACLU of Maine here and here.
One Year of "Remain in Mexico" Policy
Sadly, the end of January marked the one year anniversary of the "Remain in Mexico" policy (called the Migrant Protection Protocols or "MPP" by the administration). This policy forcibly returns asylum seekers to Mexico to wait for their immigration court hearing after they are processed at the southern border.
This program has abjectly failed to “protect” asylum seekers. By forcing families fleeing violence to await their hearings in border cities in Mexico, these families have been exposed to even more traumatizing violence, torture, and kidnapping. The government claims that it has policies in place to protect the most vulnerable individuals, like pregnant women, LGBTQ individuals, people with disabilities, and children, but advocates have met many asylum seekers from those populations who have been forced to wait out their asylum claims in Mexico.
We are also learning that the government has even stopped individuals who have managed to win their asylum cases from entering the United States through a combination of fake hearing notices and using the government’s appeal time against the asylees.
The "Refugee Protection Act" (H.R. 5210/S. 2936) was introduced in Congress late last year and 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. As this bill makes its way through the legislative process, we'll keep you updated on how you can take action.
Public Charge Rule Change Now in Effect for Family-Based Green Card Applicants Inside and Outside of the United States
The revised "public charge" rule officially went into effect on February 24, applying a wealth test to family-based green card and some visa applicants both here and abroad. The administration's latest family separation policy has the potential to have a devastating impact on millions. We should be defined by how we contribute to our communities—not by how much money we have.
What you need to know:
Refugees, asylees, asylum seekers, and individuals with other humanitarian statuses are exempt from the rule if they file for their green cards based on those statuses.
The rule does NOT impact people with green cards who are applying for citizenship.
Only receipt of benefits by the individual - not their family members - is considered.
Advocates are still fighting this rule in court.
We are most worried about the chilling effect—that is, people taking themselves off of life-saving programs out of fear of jeopardizing their status. Providing accurate information is the best way to counter the administration's harmful intentions.
Go to www.ilapmaine.org/public-charge for materials developed with Maine Equal Justice and www.protectingimmigrantfamilies.org for more information.