The Golden Door: May 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.
HEROES Act Passes in the House of Representatives
Thanks to all of your advocacy in the last few weeks, a bill called the HEROES Act passed in the House of Representatives on May 15th.
Some pieces we are excited about are:
Extension of stimulus payments to anyone filing with an Individual Tax Identification Number (ITIN) and their family members, both for the first round of payments and for another round that the bill would provide;
Clarification that emergency Medicaid can be expanded to include all treatment, testing, and vaccines for COVID-19 for those eligible for Medicaid regardless of immigration status;
Extension of eligibility for higher education emergency relief grants to college students regardless of immigration status; and
Some expanded language access for select programs, like mental health or small business outreach.
Unfortunately, the bill does not include all of the provisions we have requested, like suspension of the public charge rule, releasing vulnerable people from detention, or stopping immigration enforcement. However, the HEROES Act is at least a step toward addressing the burdens unfairly shouldered by the immigrant community during this crisis.
What’s Next?
Unfortunately, Senate Majority Leader Mitch McConnell as well as other senators have expressed their disapproval of this bill and it is currently unlikely to become law.
Take five minutes and call Maine's Senators and tell them you want the HEROES Act passed in the Senate. Make it clear that we demand that immigrant families be included in COVID-19 relief!
Senator Collins:
📞 (202) 224-2523
Senator King:
📞 (202) 224-5344
Continued Impacts of COVID-19 on Immigration
Trump Administration Exploiting Public Health Crisis to Block Families From Seeking Safety
The administration has indefinitely extended its policy of quickly expelling most asylum seekers at the border because of the COVID-19 pandemic. Since March, only two people seeking asylum at the border have been allowed to make their claims and only 59 screened for fear of return. Over 20,000 people have been expelled with no legal process.
Families and people fleeing violence and persecution have either been returned to those countries or forced to stay in the border regions of Mexico without any humanitarian aid. There is no justification for this blanket ban on asylum seekers, and it violates the fundamental right to seek asylum. There are many measures the administration can take to safely process asylum seekers at the border.
ICE Is Separating Families
Immigration and Customs Enforcement (ICE) is distributing a form in its family detention centers asking parents to make a choice: separate from your children or remain in detention together for the foreseeable future. This is the latest outrage in a series of ICE actions that have violated the Flores Agreement. The Flores Agreement is a judicial settlement dictating standards concerning the treatment of children in immigration custody, and preventing children from being jailed for more than 20 days.
The Judge in the Flores case recently ordered the government to “promptly and safely” release children in its custody due to the public health crisis. Forcing parents to make the choice between indefinite detention together or family separation is not a solution. ICE must release family units from its custody immediately.
USCIS May Furlough Employees, Causing Further Backlogs and Waiting
U.S. Citizenship and Immigration Services (USCIS) is the agency tasked with administering immigration benefits such as asylum, green cards, citizenship, and work permits. Instead of receiving taxpayer money to create its budget, the agency relies upon fees for its operations. The agency is now threatening to furlough its employees if Congress does not allocate emergency funds immediately.
The Trump administration's goal all along has been to reduce immigration to the United States. The administration's draconian policies over the last three years have reduced the fees coming into the agency. These policies include the recent public charge rule change, the Muslim Ban, and moving personnel to the border to enforce the Remain in Mexico policy. Despite years of deliberate slowdowns, the administration is now blaming the COVID-19 public health crisis for its financial woes.
If USCIS furloughs its employees, immigrants will feel immediate consequences. There will be an even longer asylum backlog, longer waits for green cards and citizenship, and victims of serious crime and trafficking will be forced to go without vital resources for even longer.
Supreme Court DACA Decision Expected in June
The Supreme Court will be issuing a decision in the Deferred Action for Childhood Arrivals (DACA) case by the end of its term in June. DACA is a program started in 2012 giving certain undocumented youth who came to the United States as children temporary permission to stay in the U.S. The Trump administration attempted to end DACA in 2017 but courts have prevented the termination from taking place.
While we have always known that Dreamers are invaluable members of our community, research shows that over 200,000 DACA recipients are part of our essential workforce. Our country relies upon Dreamers to care for and treat patients with COVID-19; teach our children; grow, prepare, package, and ship our food; and deliver needed packages during this public health crisis.
Ending DACA would be wrong in the best of times, but it would be particularly cruel to do so during this unprecedentedly scary and stressful time. Our country has only benefited from having DACA. Regardless of the Court’s decision, Congress could still give Dreamers a pathway to permanent status, and the President could reverse his decision and save DACA. Check ILAP's website and Facebook page for updates.
ILAP's New Legal Resources
Self-Help Videos for Asylum Seekers
Felix Hagenimana, ILAP's Asylum Outreach Attorney, shares his expertise in two new videos for asylum seekers on our website. These videos, available in English and French, cover asylum eligibility and provide guidance to asylum seekers whose one-year deadline is approaching.
Find these new videos and other asylum resources on our Asylum Information page.
New Online Intake Request Process
ILAP's physical offices remain closed, but we are open to intake requests for people looking for legal help. We've launched a new multilingual online request process and, as always, are available by phone. Click below to learn more: