Legal News & Advocacy
Title 42 Ends, Biden Administration Continues Attack on Asylum Access
Title 42, a Trump-era border policy that has stripped asylum seekers of their legal and human rights since the beginning of the pandemic, ended once and for all this May. ILAP applauds all who worked tirelessly to bring about the end of this deadly and racist policy.
But directly following Title 42’s termination, the Biden administration implemented a new asylum ban that, like Title 42, will deny access to asylum at the U.S.-Mexico border, disproportionately impacting Black and Brown immigrants. This comes after campaigning on promises to restore asylum and once condemning similar deadly deterrence policies.
Under this new rule, people who travel through a third country on their way to the U.S. will be ineligible for asylum. The rule also requires the use of a dysfunctional smart phone app called CBP One with documented failures in the facial recognition for people with dark skin. In addition to the asylum ban, the Biden administration recently reached an agreement with Canada to allow both countries to deport people without allowing them to apply for asylum.
Through these attacks, ILAP has worked with partners across the nation to defend the right to seek asylum. ILAP submitted a public comment opposing the administration’s asylum ban - one of 50,000 comments submitted in just 30 days.
We envision a world in which asylum seekers are welcomed with dignity. “The incredible thing is that when we choose to welcome people over inflicting more cruelty and harm, we all benefit,” says Policy Director Lisa Parisio.
Asylum Seeker Work Authorization Act Reintroduced in Congress
In Maine, and around the country, newly arrived people seeking asylum are eager to support themselves and their families and put down roots in their new communities. But under current federal law, asylum seekers must wait six months after they apply for asylum to even be eligible to work. Meanwhile, businesses in Maine are facing worker shortages, nonprofit organizations and municipalities are stretched beyond capacity, and our communities want the experience and knowledge immigrants bring.
Earlier this year, Representative Pingree introduced a bill in the House that would address this senseless wait time. ILAP applauds Rep. Pingree for her leadership and will continue our advocacy efforts around work permit accessibility. Senators Collins and King have also introduced a bill in the Senate, however this bill would not help all asylum seekers in Maine get their work permits faster and would actually lengthen backlogs.
To learn the latest about current bills and other advocacy efforts, follow us on Twitter @ILAPMaine.
Executive Director Sue Roche provides testimony on Access to Justice Day in March. Photo credit: Lisa Parisio.
Maine State Legislative Session
While immigration is governed by federal law, states can pass laws and policies that help immigrants find stability and security and make greater contributions to their communities. The First Regular Session of the 131st Maine Legislature convened in December 2022 and lawmakers will be meeting in Augusta through the summer.
ILAP is proud to join our partners in advocacy efforts during this legislative session. We have provided testimony for a bill that would increase funding for civil legal aid and help ILAP meet more of the immigration legal need in Maine and another that would expand access to MaineCare to all who qualify, regardless of immigration status. Along with our partners, ILAP is tracking other bills that would impact immigrant communities in Maine and will be offering testimony as the session progresses.
You can read our testimony and see more of ILAP’s advocacy at ilapmaine.org/advocacy-in-action.
ICE Litigation Win!
In January 2021, ILAP joined the ACLU of Maine and University of Maine School of Law’s Refugee and Human Rights Clinic in submitting a Freedom of Information Act (FOIA) request. We requested information about Immigration and Custom Enforcements’ (ICE) detention and transfer activities in Maine and the opening of a new ICE facility in Scarborough with little transparency or consultation with the local community.
When ICE refused to comply with the request, we joined our partners in suing. This April, a judge ruled in favor of ILAP and our partners, ordering ICE to conduct a new search of its records and release more information. With this additional information, we will better understand how ICE operates in Maine and push for greater transparency. ILAP thanks the ACLU of Maine for their leadership on the litigation!
Learn more about ILAP’s impact litigation efforts at ilapmaine.org/impact-litigation.