The Golden Door: January 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.
Supreme Court Allows Public Charge Rule to Take Effect
On January 27, the Supreme Court held that the administration’s "public charge" rule may go into effect, lifting a nationwide injunction against the rule (except in Illinois, where it is still blocked by a statewide injunction).
“Public charge” is a test to see if someone is likely to become dependent on specific government programs and is used when someone applies for a family-based green card or certain visas. The rule issued by the administration would make it much more difficult for applicants to pass the public charge test.
The rule is expected to have a significant “chilling effect” on low-income immigrants across the country who are qualified to access safety-net nutrition, medical care, and safe housing programs. According to health research group Manatt, an estimated 20,000 non-citizens and their family members in Maine with incomes less than 250% of the federal poverty limit could opt out of life-saving programs because they fear it will hurt their ability to stay in the U.S.
Following the issuance of the final rule last year, several lawsuits were filed across the country to stop the public charge rule from taking effect. Maine has joined three other states and Washington D.C in a suit filed in the Northern District of California. Representative Chellie Pingree has also co-sponsored legislation in the House of Representatives, H.R. 3222, which would withhold funds for the implementation of the rule.
For more information, please read ILAP's press release issued today with partners Maine Equal Justice and Maine Immigrants' Rights Coalition. We will also share more information on our website and social media pages as it is available.
If you are concerned about what this ruling might mean for you or your family, please consult an immigration attorney about your specific situation before making any decisions about public assistance programs.
***REMINDER: This rule does not apply to refugees, asylees, asylum seekers, other humanitarian statuses, or people with green cards who are applying for citizenship.***
CALL TO ACTION: New Deadline to Comment on Proposed Rule Increasing Immigration Application Fees
The deadline to submit a comment opposing a proposed rule that would dramatically increase immigration application fees has been extended to February 10, 2020. Here is the link for submitting a comment: https://www.federalregister.gov/documents/2020/01/24/2020-01189/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.***
Court Blocks Executive Order that Would Limit Refugee Resettlement
On January 15, a federal judge in Maryland blocked an executive order issued in September that would have allowed state and local governments to refuse the resettlement of refugees in their communities. In the decision, the judge agreed with immigration advocates that the order goes against the Refugee Act of 1980 and issued a preliminary injunction that prevents the order from being enforced.
Although this is an important victory, the administration has capped refugee resettlement for this year at 18,000 individuals, the lowest number since the current refugee program was established in 1980. We'll keep you updated on further developments as this case makes its way through the courts.
Temporary Protected Status for Somali Nationals Extended
On January 17, Temporary Protected Status (TPS) for Somali nationals was extended for 18 months through September 17, 2021. TPS is a temporary status granted to individuals from certain countries that the government has designated as being unsafe for return. Applicants must meet specific requirements and renewal is only available to those already granted TPS.
TPS for Somali nationals has been in effect since 1991, when civil war broke out in that country. Filing dates and application information have not yet been published in the Federal Register. Further updates will be available on the USCIS website.
ILAP Joins Collaborative Partners to Release Self-Help Guide for Asylum Seekers
ILAP recently released a comprehensive self-help guide for individuals who are applying for asylum without the assistance of an attorney, created in collaboration with the University of Maine School of Law's Refugee & Human Rights Clinic, Penn State Law's Center for Immigrants' Rights Clinic and Thrive International Programs.
“ILAP partnered with the Refugee & Human Rights Clinic on the self-help guide because we recognize that it will be a valuable addition to the free legal services available to asylum seekers in Maine,” said Asylum Program Director Jennifer Bailey. “Last year, ILAP staff attorneys and Pro Bono Panel members represented 179 asylum seekers and reached hundreds more through community education workshops. But there are many more people looking for legal guidance related to asylum and this guide will help us meet more of the pressing need.”
The self-help guide is currently available on ILAP’s website in English, French and Spanish (with additional languages planned).
Thank you to the Maine Law and Penn State students and faculty for their partnership on this important publication!