The Golden Door: March 2022
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New Proposed Asylum Rules Sacrifice Due Process
On March 24, the Biden administration issued an interim final rule proposing that people seeking refuge at the U.S. border have their claims decided by asylum officers instead of immigration judges. The proposal sets unreasonable timelines that threaten due process.
It is clear that changes are sorely needed to make our asylum system more just, efficient, and fair, but these proposed rules set up those seeking asylum for failure. The speed of the adjudications significantly restricts immigrants’ ability to obtain legal representation or meaningfully prepare their cases – likely resulting in wrongfully denials of vital protection. Previous attempts at forcibly speeding up the asylum process have resulted in decreased access to legal representation for asylum seekers.
If enacted, this change would give power to asylum officers to make initial decisions. While prioritizing non-adversarial hearings through the use of asylum officers is a positive step, a recent report ILAP co-authored shows that even supposed “non-adversarial” hearings can be tainted with hostility, injustice, and discrimination. Rushing cases through a deeply flawed system does not result in justice.
There will be a 60-day public comment period, ending on May 31, 2022. Submit a comment here and follow ILAP on Facebook for updates and information about how to make your voice heard to ensure the rights of asylum seekers are protected!
Remember, this is a proposed rule that has not yet taken effect.
End to the Title 42 Public Health Order is in Sight
For over two years, Title 42 used a public health rationale to expel people seeking refuge at our border without considering their legal claims. In total, the policy has resulted in the expulsion of over 1.7 million people. Advocates have been calling out the harms of this policy since it was first enacted by the Trump administration.
The Centers for Disease Control and Prevention (CDC) recently revoked the use of Title 42 for some unaccompanied children and the Biden administration is expected to finally end this racist and inhumane policy in May. We will keep you updated about final decisions on our Facebook page and future Golden Door editions!
New Rules Protect Vulnerable Youth, Yet Backlog Grows
Earlier this month, United States Citizenship and Immigration Services (USCIS) announced new regulations and policy changes that will positively impact many of ILAP’s young clients.
As part of these changes, youth with approved Special Immigrant Juvenile Status (SIJS) applications who are waiting on green cards will now be eligible for “Deferred Action,” which provides protection from deportation and access to a work permit. This means more youth who have been stuck in legal limbo because of the SIJS backlog can safely build their lives in the U.S. without the threat of deportation.
This change is a critical step toward upholding the permanency Congress intended when creating the SIJS program. However, the policy does not solve the backlog itself, which continues to grow. We join the End SIJS Backlog Coalition and other advocates in once again calling for immediate legislation to end the backlog!
Click here to learn more about ILAP’s programs to assist immigrant children and youth.
New Temporary Protected Status (TPS) Announcements
This month, the Biden administration announced the designation and re-designation of several countries for Temporary Protected Status (TPS). TPS is a temporary status granted to individuals from certain countries that the government has designated as being unsafe for return. This month, these countries included:
Anyone who believes they may be eligible for TPS and wants more information is welcome to reach out to ILAP. Visit ilapmaine.org/get-legal-help for information on how to schedule an intake appointment.
Amidst many global crises, TPS is a critical tool for keeping families together and safe. Yet, who gets protection, when, and for how long is often unjust. We will continue advocating for the full use of TPS along with a long-term solution for permanent safety.
In Case You Missed It: Report Reveals Injustice at Boston Asylum Office
The Boston Asylum Office reviews asylum claims for Mainers and for years has been approving applications at a rate far below the national average, at times having the second-lowest average grant rate of any asylum office in the country.
In response, ILAP joined with University of Maine School of Law’s Refugee and Human Rights Clinic, ACLU of Maine, and Dr. Basileus Zeno to release an investigative report Lives in Limbo: How the Boston Asylum Office is Failing Asylum Seekers.
The report details how the flawed and unjust practices of the Boston Asylum Office impact asylum seekers and includes specific recommendations for improvement.
We are incredibly grateful to our partners, asylees, asylum seekers, former asylum officers, and immigration attorneys who worked together to make this report a reality and hold our immigration system accountable. Together, we undertake this work to advocate for ALL asylum seekers in Maine.
ILAP in the News
ILAP joined our co-authors of Lives in Limbo: How the Boston Asylum Office is Failing Asylum Seekers for a press conference earlier this month to announce the report's release. Read the full press release and watch a recording of the press conference here!
Interviews with Senior Project Attorney Jennifer Bailey about the Lives in Limbo report and the impact of Boston Asylum Office's harmful practices were featured on Maine Public, the Portland Press Herald, and WMTW. The report's findings were also covered by GBH News.
Afghanistan Project Attorney Catherine Lindgren provided context about the asylum process for Afghans in Maine for WMTW.
ILAP signed onto the New England Arab American Organization's proclamation in support of Arab American Heritage Month.
Jennifer Bailey explained how a recent ruling impacts Maine asylum seekers’ access to work permits on Maine Public's Connecting Communities, available in French, Spanish, Somali, and Portuguese. You can listen to more translated news here!
Read more on our Press Mentions page!
Resource Roundup: Taxes & Immigration Information Session
ILAP and Pine Tree Legal Assistance hosted an information session in English and Spanish to help immigrants in Maine understand how taxes can impact one's immigration status, immigration applications for family members, and finances. The workshop also covered new tax credits and stimulus payments, plus new language support from the Internal Revenue Service (IRS).
Local Event Spotlight: Free Tax Filing Help for Parents
Our friends at Gateway Community Services, Prosperity Maine, and Maine Equal Justice are also providing tax support for parents this month!
Portland event: Thursday, March 31 (tonight!) from 5:30-7:30 at Gateway Community Services in Portland. Learn more here.
Lewiston/Auburn event: Sunday, April 3 from 1:00-3:00 at Gateway Community Services in Lewiston. Learn more here.
There will be activities for kids, language interpreters, and expert, free tax help all in one place!
Become ILAP's New Development Assistant!
ILAP is hiring a full-time Development Assistant to support ILAP's year-round fundraising activities. This is a new position that will be responsible for donor database management, gift processing, and grant writing and administration, among other tasks.
At ILAP, we believe fundraising must be grounded in race, equity, and social justice, and that bold action is needed to achieve justice and accountability in our immigration system.
If you're interested in joining ILAP's Development Team, we hope you will apply! We strongly encourage applicants with knowledge of the immigration system built through lived experience.
Review of applications will begin on April 11, 2022 and will continue until the position is filled. We look forward to reading your applications and growing our team of immigrant advocates!