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Volunteers Fight The Fight; Families Reunite

A client of The Advocates For Human Rights reunited with her children after 7 years.

During this time of coronavirus, we are bombarded with news of things going wrong, with too many stories of loved ones passing away alone, retirement savings lost, and doctors feeling overwhelmed without the resources they need.

As immigration lawyers, we have a front row seat to the assaults on the rights of marginalized people when society is dealt a blow. Every day we field calls from detained immigrants whose health conditions make them extremely vulnerable to contracting COVID-19. We’re learning of large employers endangering their immigrant workers by forcing them to stay on the job even when numbers of ill coworkers climb into the hundreds., Anxious clients and volunteers are asking what will happen to them now that Trump says he’s going to “end immigration”.

This pandemic has unquestionably had an impact on us all. A recent column in The New York Times highlighted a Kaiser Family Foundation poll which found that nearly half of all Americans — 45 percent — feel that the coronavirus has negatively affected their mental health.

I would be lying if I said I have not often felt dispirited by the news and the challenges facing the communities we serve. However, I have a daily dose of motivation to keep me running full speed ahead: the amazing volunteer attorneys, interpreters, and paralegals, who continue to fight tirelessly for our clients’ rights and safety. Our volunteers live and work nationwide, and their practices range from large firm to solo. They handle every type of case, from filing asylum applications with USCIS to fighting for bonds for detained immigrants.

These are not people with endless time on their hands. I often hear kids playing in the background on calls with volunteers. Yesterday I got a call from a volunteer right after her work day wrapped up. She informed me she had seven minutes to ask her questions because that was how long her child was allowed to play on his iPad. We had a very efficient seven-minute call. Almost daily, I receive late-night emails from busy attorneys ensuring their pro bono clients receive timely responses to their questions. These attorneys do not come to this advocacy work feeling they know everything (or anything) about asylum law; most do not have immigration law backgrounds. They learn “on the job,” supported by The Advocates’ training and mentorship. They ask questions, they research, and they do excellent work representing their clients.

Legal representation matters, but immigrants facing deportation in Minnesota have a less than 50 percent chance of getting counsel. We know that 98.5 percent of families appearing without a lawyer were ordered deported. In contrast, when an attorney represented these families, the immigration judge allowed almost a quarter to stay in the country. The Advocates’ attorneys have won close to 70 percent of their cases. It is only because these dedicated people do the daily, often unglamorous, and nearly always difficult work of ensuring access to justice that many individuals, families, and children have a chance to rebuild their lives after fleeing with nothing.

It is clear that this advocacy work is essential to the safety of asylum seekers. But does it help volunteers too? The author of The New York Times column cited not only the findings by the Kaiser Family Foundation; she also reminded us that those who find ways to make meaning and create hope are most able to experience resilience in times of crisis like this one.

I know from experience that it not easy to fight for justice as the pandemic rages. I was curious how our volunteers are staying motivated, so I asked them to tell us why they’re volunteering. I hope you see in these reflections the kind of world you want to see.

“I volunteer for The Advocates to honor the humanity of others.” – small firm attorney

“Every day we represent our asylum clients we help them take another step toward freedom and reunification with their families. One of the primary reasons I went to law school was to continue being a ‘Man for Others,’ a phrase instilled in me at my Jesuit high school. Working with The Advocates and wonderful clients carries on that tradition and hopefully inspires others to join our team.” – mid-sized firm attorney

“The reason I volunteered was to have an opportunity to help our immigrant friends get out of ICE detention – which I believe is a serious human rights abuse against our fellow human beings.  I have been so blessed in my life by the love I have been given by family and friends that I believe it is imperative for me to share this love with others and help them find a more peaceful and meaningful life.” – retired attorney

“There is such a huge need for legal representation by asylum seekers living in Greater Minnesota, and The Advocates for Human Rights is uniquely positioned to provide state-wide assistance. I firmly believe that no matter where an individual came from or where in the U.S. they live now, everyone is entitled a supportive advocate network to help them find a more uplifting path.” – solo attorney  

“Given the unprecedented times we are living in, and the state of crisis, it was so rewarding to find out that USCIS has just granted our pro bono client’s application for Special Immigration Juvenile Status!” –large firm attorney

“There is nothing like getting an asylum win!” – small firm attorney

 “A few years ago I was looking to volunteer in a way that would make a significant difference in individual people’s lives. I have always worked in public policy and never represented clients. I wanted that experience, that relationship with a client in a deeply meaningful way. I attended an Advocates training and left with a domestic violence case three years ago. Working with traumatized women can be troubling and saddening, however it is also gratifying and meaningful. My asylum work gives me perspective in my own life. My life has been enriched by learning of my clients’ lives and advocating for them. In early March of this year, my first client’s children came to the U.S. to live with her. There is no experience quite like being at an airport when a mother is reunited with her young children after years long separation! And it fuels me to keep on volunteering and trying to make a positive impact on other people’s lives.” – public policy attorney

“I have been increasingly distressed by the xenophobia and the racism that has surrounded the immigration discussion, and I decided then and there to volunteer [when our advocacy director Michele Garnett McKenzie asked for volunteers at a community event]. I’ve thought about it for years, but was hesitant because my legal practice was in tax and estate planning (I’m now retired). This has been an amazing opportunity to live out my values. I feel grateful for the support I’ve received from seasoned attorneys at The Advocates as I have worked on my very first asylum case.” – retired attorney

And, lastly, a wonderful call to action from one of our brilliant immigration attorney mentors:

“I continue to volunteer because I know that now, more than ever, one hour of my time can potentially change someone’s life. I’ve seen the quote, “strong alone, unstoppable together”, and that’s how I feel when I volunteer alongside other incredible attorneys.” – small firm attorney  

Our volunteers remind me that through the many challenges we face with this administration, and especially during this pandemic, we are still winning many of the fights. Perhaps most importantly, their stories remind me that the kind of world I want to see, a world where the justice one gets doesn’t depend on the girth of one’s wallet, is being built day by day, case by case, fight by fight, right here and right now, by asylum seekers and their advocates. Want to join this inspiring community? Visit our website or email Alison at agriffith@advrights.org.


By Alison Griffith, Staff Attorney for the Refugee and Immigration Program at The Advocates For Human Rights

The Advocates for Human Rights is a nonprofit organization dedicated to implementing international human rights standards to promote civil society and reinforce the rule of law. The Advocates represents more than 1000 asylum seekers, victims of trafficking, and immigrants in detention through a network of hundreds of pro bono legal professionals. 

Understanding the Liberian Refugee Immigration Fairness Act

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The passage of the Liberian Refugee Immigration Fairness Act ends nearly 30 years of “temporary” status for thousands of Liberians. Signed into law on December 20, 2019, LRIFA provides a singular ray of hope in an otherwise bleak immigration landscape.

LRIFA means that many Liberians who have lived in limbo may now move forward toward permanent residence and citizenship. But while the law has generous eligibility requirements, its short filing window means Liberians need to act quickly to assess their eligibility.

Who is eligible?

  1. Any Liberian national who has been continuously present in the United States during the period beginning November 20, 2014 and the date on which the application under LRIFA is filed or
  2. The spouse, child, or unmarried son or daughter of a person described in (1).

When can I file my application? 

USCIS announced that it has begun accepting LRIFA applications as of December 26, 2019. All applications must be filed within 1 year of the date of LRIFA’s enactment or no later than December 19, 2020.

I was on Ebola TPS. Am I eligible?

Any Liberian who has been continuously present in the United States during the period beginning November 20, 2014 and the date you file your application is eligible.

I have DED or DACA or am on a valid non-immigrant visa (F-1, H-1B, etc.) right now. Am I eligible?

Any Liberian who has been continuously present in the United States during the period beginning November 20, 2014 and the date you file your application is eligible.

I’m not on DED now. I never had TPS. Am I eligible?

Any Liberian who has been continuously present in the United States during the period beginning November 20, 2014 and the date you file your application is eligible.

I have traveled outside the United States. Will I still be eligible?

Possibly. You must have been “continuously present” in the United States between November 20, 2014 and the date you apply under LRIFA. You have been “continuously present” even if you have made a few short trips outside the United States. If your trips add up to more than 180 days outside the United States you will not be eligible.

Can I travel now?

The LRIFA does not give you permission to come into the country. If you leave, you may not be able to return. Check with an immigration lawyer before leaving the United States.

I have a criminal history. Will I still be eligible?

Possibly, but you should check with an immigration lawyer before filing any papers. You will not be eligible if you have been convicted of any aggravated felony or two or more crimes involving moral turpitude.

I took part in the Liberian civil war. Will I be eligible?

Possibly, but you should check with an immigration lawyer before filing any papers. The LRIFA says that anyone who has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion is not eligible for a green card under the LRIFA.

I have a final order of deportation. What do I need to do?

The LIRFA is clear that DHS must establish a process to “stay” (stop) any LIRFA applicant’s removal order while the application is pending. That means that once you file your LIRFA application, you cannot be deported unless your LIRFA application is denied.

If you were ordered deported because your asylum application was denied, you overstayed your visa, you did not renew your DED or TPS, for other reasons besides a criminal conviction, you should be eligible under the LRIFA. You will not need to file a motion to reopen. If you were ordered deported because of a criminal conviction, you might not be eligible. Talk to an immigration lawyer before you file anything.

I am in detention with a final order of deportation. What should I do?

We do not expect ICE to attempt to deport people who are eligible for LIRFA. Liberians in detention who may be eligible for LIRFA should:

  • Tell your detention officer that you intend to apply for LIRFA.
  • Contact your immigration attorney to make a plan for filing the application as soon as possible. If you do not have an immigration attorney, contact the free legal service providers who work at your detention center or call 612-341-9845.
  • Make sure a trusted family member or friend knows where you are. They can check the ICE Online Detainee Locator with your full name and date of birth or A-number.

I do not have a work permit right now. Can I work under LRIFA?

Once you file your LRIFA application you will be able to apply for employment authorization. DHS may issue you a work permit right away. If your LRIFA application for adjustment of status is pending for a period exceeding 180 days and has not been denied, DHS must authorize employment.

How can I get ready to file my LRIFA application?

  • Save money. You will need to pay the filing fee and a biometrics fee. At this time the fee is $1,225 for an adult, and the fees are scheduled to increase (make sure to check the USCIS.gov website for up-to-date filing fee information when you are ready to file). You will also need an immigration medical exam, which may not be covered by insurance.
  • Gather proof of continuous presence. You will need to show that you have been “continuously present” in the United States as of November 20, 2014. USCIS will provide more instructions about what you will need, but you will likely need copies of some documents like pay stubs, leases, or other records showing you were in the United States. If you traveled outside the United States, you will need to calculate the exact number of days you were outside the country.
  • Make a list of your addresses and your employers from the last 5 years. The application form asks for this information.
  • If you ever filed for asylum, get a copy of that application and have an immigration lawyer review it before you file.

Do I need a lawyer?

You should talk with an experienced immigration lawyer or BIA accredited representative if you have any questions about how to file your application or whether you are eligible for LRIFA adjustment. Every case is different, so do not rely on advice given to someone else. Get your own answers before you file.

  • Criminal convictions may affect your eligibility for LRIFA adjustment. Talk to a lawyer before you file.
  • What you said in your asylum application may affect your eligibility for LRIFA adjustment. Talk to a lawyer before your file.

How do I find an immigration lawyer?

  • You can hire a lawyer to prepare and file your application and help respond to any questions from USCIS. You can also consult with a lawyer to answer questions. Different lawyers charge different fees. Ask about fees before you agree to have the lawyer represent you. Ask whether they charge a flat fee or charge by the hour. Ask about payment plan options. Always get a fee agreement (sometimes called a retainer agreement) in writing. Take time to review it before signing. You can find immigration lawyers at www.ailalawyer.com
  • Free legal services may be available if you have a low income. You can find free and low-cost legal services at www.immigrationlawhelp.org. We know our colleagues at the Black Immigrant Collective will be organizing events in Minnesota. Watch for community legal advice clinics near you.

Where do I find forms and filing instructions?

The federal government’s website is the best place to find accurate information about filing your LRIFA application. Check www.uscis.gov/i-485. Each tab on the page contains specific information about LRIFA applications.

Note: This blog is not legal advice. Every case is different. Please consult with an experienced immigration attorney before making any decision about your case.

Proposed Regulation Seeks to Remove Adjudication Deadline, Threatens to Leave Asylum Seekers Without Work Authorization Indefinitely

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Asylum seekers in the United States may not work without authorization from federal immigration authorities. Proposed regulations threaten to leave asylum seekers without employment authorization indefinitely which they await decisions on their asylum applications.

Federal law prohibits asylum applicants from receiving employment authorization unless their applications have been pending at least 180 days. 8 U.S.C. § 1158(d)(2). Current regulations seek to ensure that people with pending asylum applications can work as soon as authorized by statute. The administration has proposed new regulations that would eliminate the regulatory time frame in which the Department of Homeland Security (DHS) must grant or deny the employment authorization application.

Under existing federal law, a person with a pending asylum application may apply for and receive authorization to work while their asylum application is pending. Regulations require an asylum applicant to wait at least 150 days after submitting an asylum application before they may apply for employment authorization. DHS, in turn, must process the application within 30 days of receipt, making the total wait time about six months after applying for asylum. 8 CFR § 208.7(a)(1).

The Department of Homeland Security has flagrantly disregarded the 30-day rule, resulting in a 2018 federal court order requiring DHS to comply with its own regulation and process applications within the required timeframes. Rosario v. USCIS. [1]

Rather than complying with the federal court order, DHS is trying to change the rule. On September 9, 2019, USCIS issued a proposed regulation to eliminate the 30-day processing rule and give the agency an unlimited window in which to process work permit applications.[2]

DHS is currently accepting comments on the proposed elimination of the 30-day processing time, and we encourage those concerned to submit such comments.

WHY THIS MATTERS

The Advocates for Human Rights is concerned that this change will harm clients, businesses, and communities by further delaying the time an asylum applicant must wait to legally work or get a driver’s license while their application is pending. This change will burden private support systems and charities, make it difficult for small businesses to find workers, and could have multiplier effects in terms of destabilizing communities. The Advocates is also concerned that this change represents yet another attack on the part of this Administration, which has consistently attempted to impede the right to seek asylum.

Of particular concern is the proposed elimination of the 30-day rule without providing a maximum processing time. Already, the six-month waiting period places a heavy burden on asylum seekers who were forced to flee, often having to leave behind or spend in transit any resources they may have had.

Asylum seekers today face long backlogs in asylum processing, often waiting years after filing the asylum application for an interview and, even later, a decision. Asylum seekers are often vulnerable, with medical and mental health needs due to their trauma and persecution. Generally excluded from public assistance, asylum seekers must work to provide food, clothing, shelter, and other basic needs for themselves and their families. Asylum seekers who were forced to leave spouses and children behind must save thousands of dollars to pay for travel expenses. Without employment authorization, asylum seekers are dependent on individual and other private charity.

Indefinitely blocking asylum seekers’ ability to support themselves and their families is an abuse of discretion and an attempt to further deter people from seeking asylum in the United States. The proposed rule comes on top of extreme adjudication delays by USCIS across all types of cases and recent changes in USCIS customer service procedures which make it nearly impossible to follow up on pending cases.

In addition, the proposed rule is part of a pattern of animus towards the right to seek asylum this administration has shown. The justifications contained in the proposed rule are veiled attempts to justify what is an attack on the rights of asylum seekers and a pattern of practice by this administration aimed at breaking the asylum system.

The Administration attempts to justify the proposed rule on the basis of national security and vetting concerns and on administrative efficiency interests. In terms of administrative efficiency, the proposed rule notes the burden that has resulted from shifting staff to timely process EAD applications in compliance with Rosario v. USCIS and claims there will be a cost saving by eliminating the timeline. However, it notes “USCIS could hire more officers, but has not estimated the costs of this and therefore has not estimated the hiring costs that might be avoided if this proposed rule were adopted.”

The proposal also cites vague security concerns which the federal court in Rosario found to be sufficiently low to order USCIS to comply with the 30-day processing deadline. Any need for additional vetting prior to issuance of employment authorization could be addressed by less draconian means than simply eliminating the processing parameters for all applicants.

The Universal Declaration of Human Rights enshrines the right to seek and enjoy asylum from persecution. The United States has committed to that principle through the International Convention on Civil and Political Rights, the Refugee Convention and Protocol, and the Convention Against Torture. This right has been codified in federal law. Without access to a means of basic support during the asylum process, the United States weakens its commitment to this fundamental human right.

WHAT TO DO

We encourage our volunteers, communities, and supporters—as well as applicants themselves—to submit a comment to USCIS discouraging this change.  Directions for how to do so can be found below, and sample wording is provided. Comments must be received on or before November 8, 2019.

In particular, DHS is specifically seeking comments on the following items.  Therefore, comments by supporters who have specific knowledge or relation to the following topics would be encouraged:

  • DHS also acknowledges the distributional impacts associated with an applicant waiting for an EAD onto the applicant’s support network. DHS cannot determine how much monetary or other assistance is provided to such applicants. DHS requests comments from the public on any data or sources that demonstrate the amount or level of assistance provided to asylum applicants who have pending EAD applications.
  • DHS requests comments from the public that would assist in understanding costs not described herein as relates to the impact on small businesses (referencing the IRFA).

HOW TO SUBMIT A COMMENT

You may submit comments on the entirety of this proposed rule package, which is identified as DHS Docket No. USCIS-2018-0001, by any one of the following methods:

· Mail: Samantha Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue, NW, Mailstop #2140, Washington, DC 20529-2140. To ensure proper handling, please reference DHS Docket No. USCIS-2018-0001 in your correspondence. Mail must be postmarked by the comment submission deadline. Please note that USCIS cannot accept any comments that are hand delivered or couriered. In addition, USCIS cannot accept mailed comments contained on any form of digital media storage devices, such as CDs/DVDs and USB drives.

[1] Available at: https://www.americanimmigrationcouncil.org/sites/default/files/litigation_documents/rosario_vs_uscis_order_granting_plaintiffs_motion_for_summary_judgment_and_denying_defendants_motion_for_summary_judgment.pdf

[2] Available at: https://www.federalregister.gov/documents/2019/09/09/2019-19125/removal-of-30-day-processing-provision-for-asylum-applicant-related-form-i-765-employment

Asylum Under Attack

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The current administration in Washington is waging an all-out war on asylum, which it falsely characterizes as a charade or loophole rather than an essential human right. While the war is focused on the influx of refugees at the southern border who flee violence and chaos in Central America, it threatens to demolish protections for refugees all over the world who come to the United States seeking safety. The Advocates for Human Rights deals every day with the desperate ones whose fates are at issue. Since policy affects real people, it is instructive to examine the government’s anti-asylum initiatives in juxtaposition with just one of the many stories in our case files, which is used with our client’s consent.

Maria was 11 years old and living with her family in Guatemala when a 22-year-old man began preying upon her, inducing her to engage in a sexual relationship with him. Her father forbade her from seeing the man, but he coerced Maria into returning to him by threatening to harm her family if she didn’t. The man kept her locked in a room in his mother’s house.

Having failed in the courts with previous anti-immigration tactics, the U.S. government just launched two new attacks on asylum by executive fiat, with other assaults being planned..

At the age of 14, Maria was forced to marry her abductor. She went to the police in Guatemala, but they told her this was a domestic matter that she should “work out” with her husband. When Maria’s husband found out she had gone to the police, he beat her. As time went on, the beatings continued.

First, the administration announced that there would be a great expansion of the use of the expedited removal process, by which immigration courts and asylum officers are bypassed completely and lower-level immigration officials are allowed to apprehend and deport undocumented immigrants with no due process so long as they have not been in the country for two years. The U.S. Commission on International Religious Freedom has sharply criticized the expedited removal process, finding that border officials often are biased against asylum claims and fail to take steps necessary to ensure that asylum seekers are protected from arbitrary expedited removal. Nevertheless, the administration has embraced it.

Maria became pregnant and told her husband. He continued to beat her, so badly that she lost the baby. She escaped and hid with a family member, but her husband searched for her relentlessly. With no other escape from her situation, and no possibility of help from her country’s government, Maria embarked on the arduous and dangerous journey through Mexico and across the U.S. border.

A second attack on asylum was the announcement of a new rule excluding people from asylum if they failed to first ask for asylum in a country through which they travelled. While this rule would affect all refugees, it is directed mainly at the Central American refugees who cross through Mexico and Guatemala before reaching the United States.

Non-profit advocacy groups promptly sued, challenging the administration’s third- country rule. Among other grounds, they argued that the rule violates an express Congressional prohibition against relying on the asylum procedures of any country unless we have in place with that country a “safe country” agreement, ensuring their asylum procedures provide an acceptable level of safety for claimants. No such agreement exists with Mexico. (On July 26, the U.S. entered into a purported safe country agreement with Guatemala, even though Guatemala does not come close to meeting the standards for a safe country and was in fact the country from which Maria fled due to the lack of any governmental remedy for the domestic violence that threatened her life.)

On July 24, federal district courts on opposite coasts issued opinions concerning the new rule. U.S. District Judge Timothy Kelly in the District of Columbia refused to enjoin the rule, essentially on a finding that the advocacy groups had failed to make a factual showing of standing to make their claims. The very same day, however, Judge Jon Tigar of the Northern District of California issued a lengthy opinion enjoining the rule, finding ample evidence that no reasonable asylum process was available in either Mexico or Guatemala. Appeals in both cases seem inevitable.

Maria found her way to The Advocates for Human Rights. Represented by Program Director Sarah Brenes, Maria won asylum. She is now living safely in the United States, where she is finishing high school and hopes to become a police officer.

Either of the latest attacks on asylum might have been used to deport Maria and send her back to her violent husband and a government unwilling to protect her. Can anyone believe that the United States would somehow have benefitted from that?

A humane asylum system is critical if we are to fulfill our legal and moral obligations to offer succor to the world’s most desperate. As many of us have been asking for some time now, what kind of country are we?

-James O’Neal, Board Chair of the Advocates for Human Rights

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Understanding the Expansion of Expedited Removal

statue 2 web largeThe long-expected announcement of the expansion of expedited removal authority throughout the United States, just a week after the administration rewrote the rules on establishing a credible fear of persecution or torture, is like a 1-2 punch for due process and the right to seek asylum.

Expedited removal, a product of the 1996 Illegal Immigration and Immigrant Responsibility Act, gives low-level immigration officials the power of judge, jury, and executioner of deportation orders. This is particularly disturbing given the record of misconduct and lack of accountability that permeates federal immigration enforcement. Expedited removal authorizes immigration officers to summarily arrest, detain, and deport people believed to be in violation of two provisions of immigration laws. The American Immigration Council has a good primer on expedited removal here.

These provisions – INA 212(a)(6)(C) and (a)(7) – render people “inadmissible” to the United States based on misrepresentation or failure to have required documents for entry.

No actual proof of these violations is needed. There’s no appeal. The penalty: a five-year bar to returning to the United States on a visa.

These provisions are slippery creatures. Here’s how these laws work in practice.

A political dissident escapes their country after spending weeks in jail for attending a political rally. They have a visitor visa to the United States, granted to them so they can travel to this country for a conference of democracy activists, so they buy a plane ticket and head for safety. When they finally arrive at the U.S. airport, exhausted from a long flight and worn out after weeks of imprisonment and torture, they present their lawfully obtained visa to the immigration official. But, when they tell the officer that they want asylum, they invalidate their visitor visa because they say they want asylum, not just to visit. They have violated INA 212(a)(6)(C). Immigration officials arrest, detain, and interrogate them. They sit for hours without food or access to a phone. An immigration agent with little training on the political situation unfolding in this far-flung nation has the power to return them on the spot. No judge. No lawyer. No hearing.

Years ago, one of our volunteer attorneys called for help finding out what had happened to friend’s mother. The elderly grandmother had come to the U.S. for her annual visit. Her flight arrived, but she never came out of immigration control. Days later the woman made contact with her frantic children. She had been deported under the expedited removal laws. Apparently immigration officials saw other travelers with a similar last name on the flight who did not have visas. They accused her of being in cahoots with them. Eventually, after spending the night in an interrogation room at the airport, she was sent home with an expedited removal order. Five years of missed school plays and family celebrations were the result.

For years this extraordinary authority was limited to people arriving at airports and sea ports. Then the power expanded to people found within 100 miles of a U.S. border who couldn’t prove they had been in the country at least 14 days. (For my Minnesota friends, that meant that a visit to the North Shore could result in being pulled over, questioned by Border Patrol, and followed to your campsite – at least if you don’t “look Minnesotan” – as we documented in our 2014 report on immigration in Minnesota).

Now the Department of Homeland Security has expanded this sweeping power with plans to apply it to anyone, anywhere in the United States who cannot prove they have been here at least two years. Having lawful immigration status – or even being a U.S. citizen – is no guarantee that you won’t be questioned about your status or your documents. According to an NPR report, hundreds of U.S. citizens each year face detention and deportation. (And, let’s not forget, the United States has engaged in mass deportation of U.S. citizens to Mexico during the Depression, when “up to 1.8 million people of Mexican descent – most of them American-born – were rounded up in informal raids and deported in an effort to reserve jobs for white people.”)

The law treats people at the border differently. And bit by bit the “border” has expanded so that race-based traffic stops, document checks on trains and buses travelling in the northern part of the country, and roadblock checkpoints throughout the southwest all have become routine.

But the immigration law cannot override foundational constitutional protections against arbitrary arrest, incommunicado detention, disappearance, and torture.

So what should people do?

#1 Know your rights. Throughout the past weeks, as threatened ICE raids put communities on high alert, we saw examples of how making ICE play by the rules works to protect people. If you want a good overview of the constitutional limits on search and seizure, check out ICE’s own training on the Fourth Amendment. (Thanks Mijente and Detention Watch Network for forcing ICE to turn over it’s 2017 Operation Mega documents).

You have the right to remain silent. Immigration officials like to rely on people’s admissions of unlawful presence.

You have the right to refuse to let ICE into your home unless they have a warrant signed by a judge. ICE likes to show up with administrative warrants of arrest or removal, which are not enough to authorize them to enter your home.

Remember that even the draconian expedited removal procedures have a review process. People who fear persecution or torture have a right to a review of their claim. People who claim U.S. citizenship, lawful permanent residence, or refugee or asylum status have a right to a “claimed status review” before being deported under expedited removal laws.

#2 Plan ahead. You don’t have to carry a giant folder of documents with you, but gathering your important papers together and storing them in a safe place where a trusted person can access them is a smart move. Help people who may have trouble explaining or even knowing their status know what to do if ICE asks them questions.

#3 Sue. Seriously. Immigrant rights organizations around the country are planning litigation, but individuals whose rights are violated need to step forward. Violations need to be documented and accountability demanded.

#4 Speak out. The expansion of expedited removal was announced in the Federal Register on July 23, 2019. Public comments will be taken for 90 days. You may submit comments, identified by Docket Number DHS-2019-0036 using the Federal e-Rulemaking Portal at https://www.regulations.gov.

Call your congressional representatives at 202-224-3121 and ask them to restore due process by repealing the expedited removal laws.

By Michele Garnett McKenzie, Deputy Director of The Advocates for Human Rights

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New Asylum Bar Takes Effect

Statue of Liberty_erik-lindgren-unsplashA new regulation by the Department of Homeland Security and the Department of Justice seeks to bar asylum to people who enter or attempt to enter the United States at the southern border if they do not first apply for asylum in at least one other country through which they traveled.  The Interim Final Rule published July 16 took immediate effect and allows only 30 days for public comment.

The new asylum bar is the latest in a series of actions designed to limit access to protection for refugees. The federal government has engineered a crisis at the southern border by starving the system of adjudicatory resources while exponentially expanding the capacity to detain people arriving in search of protection from persecution or torture. The government has used this engineered crisis to change unilaterally and without debate asylum eligibility rules.

The Advocates for Human Rights is deeply concerned about this restriction on the fundamental human right to seek and enjoy asylum from persecution. We are reviewing the regulation and monitoring its impact on our clients. Volunteer attorneys should watch for practice guidance and should reach out to The Advocates’ staff or consulting attorneys with questions.

What does the new rule do?

The new rule establishes a new mandatory bar to asylum for people who enter or attempt to enter the United States across the southern border if they did not apply for protection from persecution or torture in at least one third country through which they transited on their way to the United States.

Who does the rule apply to?

The new rule applies to anyone who enters or attempts to enter the United States at the southern border on or after Tuesday, July 16, 2019. This rule does not affect people who entered before July 16, 2019, or who enter or attempt to enter at other ports of entry.

Are there exceptions to the new rule?

There is a very limited exception for people who demonstrate that they are a victim of a severe form of trafficking in persons.

How can I help?

Speak out.

Comments to this rule, identified by EOIR Docket No. 19-0504, may be submitted via the Federal eRulemaking Portal: http://www.regulations.gov.

Call your congressional representatives at 202-224-3121 to ask them to protect the right to seek and enjoy asylum.

Volunteer.

We urgently need attorneys to represent asylum seekers. No immigration law experience is needed. You will get the training and support you need. Click here to get started.

Interpreters and translators make representation possible. Click here to help.

Human rights monitors are needed to observe immigration court hearings. Click here to learn more.

Donate.

The Advocates for Human Rights provides free legal help to more than 1000 victims of human rights abuses, including asylum seekers, victims of trafficking, and people in detention. We need your help now more than ever. Please click here to give.