Author Archives: Emily Morris

NILC Statement on Reports that the Biden Administration is Considering Restarting Family Detention

FOR IMMEDIATE RELEASE
March 7, 2023

CONTACT
Email: [email protected]
Emily Morris, 213-457-7458

NILC Statement on Reports that the Biden Administration is Considering Restarting Family Detention

WASHINGTON — Kica Matos, executive vice president of programs and strategy at the National Immigration Law Center, issued the following statement in response to reports that the Biden administration is considering detaining families apprehended at the border:

“As an organization that previously sued to shed light on the cruel practice of detaining families seeking safety in our country, we are outraged by reports that the Biden administration is weighing its reinstatement. This shameful and immoral practice, which President Biden has rightly condemned and discontinued, inflicts lasting harm on children and families. It goes against the values we aspire to as a nation, while doing nothing to advance a humane and orderly immigration system. Reviving family detention sets us back and sends a misguided message that criminalizing those seeking refuge is the right solution. It would be a grave error and a new low for an administration already down a backwards path of embracing failed deterrence policies at the border.”

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NILC Celebrates the Confirmation of Araceli Martínez-Olguín to the U.S. District Court for the Northern District of California

FOR IMMEDIATE RELEASE
February 28, 2023

CONTACT
Email: [email protected]
Emily Morris, 213-457-7458
Madison Allman, 202-384-1279

NILC Celebrates the Confirmation of Araceli Martínez-Olguín to the U.S. District Court for the Northern District of California

WASHINGTON — Sara K. Gould, interim executive director of the National Immigration Law Center (NILC), and Angela M. Banks, Chair of NILC’s Board of Directors, issued the following statement on the confirmation of Araceli Martínez-Olguín, a supervising attorney at NILC, to serve as U.S. District Judge for the Northern District of California:

“We applaud the historic confirmation of Araceli Martínez-Olguín, our dear friend and colleague, to serve as a federal judge in the Northern District of California. Today the Judiciary gained an exemplary jurist with deep experience defending justice and advancing gender, economic, and racial equity. In addition to her many professional accolades and successes, her lived experience as a Latina immigrant brings a crucial perspective to the federal judiciary.

“Beyond her qualifications, at NILC we have come to know Ms. Martínez-Olguín as a distinctly thoughtful colleague who brings profound care and dedication to everything she does. We know she will be a superb judge who will work to advance equal justice for all.”

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NILC Calls on Senate to Confirm Julie Su for U.S. Secretary of Labor

FOR IMMEDIATE RELEASE
February 28, 2023

CONTACT
Email: [email protected]
Emily Morris, 213-457-7458
Madison Allman, 202-384-1279

NILC Calls on Senate to Confirm Julie Su for U.S. Secretary of Labor

WASHINGTON — Kica Matos, executive vice president of programs and strategy at the National Immigration Law Center, issued the following statement in response to President Biden’s nomination of Julie Su for Secretary of Labor:

“Deputy Secretary Julie Su, a fierce ally and strong advocate for workers, is preeminently qualified to lead the Department of Labor. Throughout her career in public service, Su has demonstrated a commitment to championing low-wage workers regardless of their immigration status. Her impressive track record includes redefining effective labor law enforcement, pioneering successful approaches to combat worker misclassification and retaliation, and winning policy changes protecting garment workers in California. She understands that strong enforcement of labor laws, across industry and regardless of immigration status, ultimately strengthens all American workers and the labor market.

“President Biden promised to create a cabinet that looks like country. As a woman of color and a daughter of immigrants, Su embodies the diversity of our nation. If confirmed, she would be a key figure in helping to strengthen worker organizing and effective labor law enforcement. We wholeheartedly endorse her for the position and call on the Senate to confirm her without delay.”

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Federal Court Approves Classwide Settlement of Civil Rights Lawsuit Challenging Workplace Raid

FOR IMMEDIATE RELEASE
February 27, 2023

CONTACT
National Immigration Law Center, Juan Gastelum, [email protected], 213-375-3149
Southern Poverty Law Center, Anna Núñez, [email protected], 334-201-9236
Tennessee Immigrant & Refugee Rights Coalition, Mallika Vohra, [email protected], 865-363-9188

Federal Court Approves Classwide Settlement of Civil Rights Lawsuit Challenging Workplace Raid

A federal court approved the settlement, which provides for over $1‌‌‌‌ million to workers targeted by federal agents because of their ethnicity

CHATTANOOGA, TN — On Feb. 27, a federal judge approved a final settlement in a class action lawsuit challenging an April 2018 workplace immigration raid at a meat processing plant in East Tennessee.

The settlement provides over $1 million to workers detained in the raid, which was, at the time, the largest workplace raid in nearly a decade. The plaintiffs – represented by the National Immigration Law Center (NILC), the Southern Poverty Law Center (SPLC) and several private practice attorneys acting on a pro bono basis – allege that armed U.S. Department of Homeland Security (DHS) and Internal Revenue Service (IRS) officers illegally targeted the Latinx workers for detention, excessive force and false arrest.

“Someone asked me if I am happy about the result of this case,” said Martha Pulido, a plaintiff in the lawsuit and resident of Morristown, Tenn. “The question brought me back to that day. Everything was normal, and then in an instant everything changed. Now, I live with the aftermath of that bad experience. It will stay with all of the families forever. I am not happy, but I am content to see that justice prevailed over injustice. I am thankful to the legal team and the class members, who stuck together throughout this time. We will always remember that we are one.”

In August, the U.S. District Court for the Eastern District of Tennessee certified the case as a class action in a precedent-setting decision, paving the way for classwide relief for the unlawful policing and racial profiling alleged in the lawsuit. Class members are approximately 100 Latinx workers who were detained during the workplace raid.

Today, the court granted the plaintiffs’ and individual defendants’ motion for final approval of the settlement of the class-action claims against federal agents from the IRS and DHS (including U.S. Immigration and Customs Enforcement [ICE] and U.S. Customs and Border Protection). The court determined the settlement was reasonable and the relief provided to the class was adequate. Over 95 percent of class members submitted claims forms to access the settlement’s benefits.

“Nearly five years after the raid that tore apart families – but galvanized a community – the final approval of this class settlement is a milestone in the fight for justice,” said Michelle Lapointe, deputy legal director at NILC. “Our courageous plaintiffs and class members worked long hours in grueling conditions to provide food for this country. While the settlement cannot heal the wounds caused by the violent 2018 raid, we are pleased with this hard-fought vindication of their rights and the power of community organizing.”

“Today, justice was served to the Latinx workers, and their community, who took a stand against federal agents targeting them because of their ethnicity,” said Meredith Stewart, senior supervising attorney with the SPLC’s Immigrant Justice Project. “The unprecedented, court-approved settlement demonstrates that we, as a nation, will not tolerate racial profiling. That type of policing goes against not only our rights but also our values. We look forward to the workers receiving the relief the settlement provides.”

The devastating impacts of the 2018 raid were far-reaching, but the community came together to demand justice. The Tennessee Immigrant and Refugee Rights Coalition (TIRRC) was on the ground within hours, working to reunite families, locate detained individuals and meet families’ immediate needs.

“Today’s ruling is a testament to the incredible power and resiliency of immigrant workers and their communities,” said Lisa Sherman Luna, executive director at TIRRC. “Violent enforcement tactics like workplace raids are designed to keep immigrant families living in fear, but these plaintiffs and class members refused to stand by when they knew their rights had been violated. This settlement sends a clear message: No matter who we are or where we are from, we all deserve the freedom to work and live safely in our communities.”

Under the $1.175 million settlement, class members will receive a total of $550,000 and, upon request, a letter from ICE confirming their membership in the class that can be included in any applications for immigration relief. The settlement also requires the United States to pay $475,000 to the six individual plaintiffs to resolve their FTCA claims, including excessive force and unlawful arrest, and $150,000 in attorneys’ fees and expenses to SPLC and NILC.

“This settlement exemplifies that courage and perseverance can bring justice and resolution,” said Eben Colby, a pro bono attorney on the lawsuit.  “It is a consequential moment in addressing illegal targeting of workers due to their ethnicity, as well as overly aggressive and abusive enforcement activities. We are pleased that the court system provided dozens of Latinx workers with what they are owed. This settlement is a historic step in advancing dignity and justice for all immigrant workers.”

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BACKGROUND:
Isabel Zelaya, et al. v. Robert Hammer, et al. was filed on Feb. 21, 2019. Plaintiffs are represented by the National Immigration Law Center (NILC), the Southern Poverty Law Center (SPLC), pro bono attorneys Eben P. Colby, Jeremy A. Berman, Arthur R. Bookout and the law firms of Sherrard Roe Voigt & Harbison and Sperling & Slater. On April 5, 2018, U.S. Immigration and Customs Enforcement (ICE) and the Internal Revenue Service (IRS), with assistance from U.S. Customs and Border Protection (CBP), the Tennessee Highway Patrol and the Morristown Police Department, executed the largest workplace immigration raid in nearly a decade, detaining approximately 100 Latinx workers at an east Tennessee meat processing plant, violating their civil rights.

Plaintiffs’ and Individual Defendants’ Joint Motion for Preliminary Approval of Class Action Settlement Agreement and Notice to Class Members and Incorporated Memorandum

Joint Stipulation and Settlement Agreement and Release

About the National Immigration Law Center
Established in 1979, the National Immigration Law Center (NILC) is the nation’s leading organization exclusively dedicated to defending and advancing the rights of immigrants with low income. Using their litigation and policy expertise, NILC challenges unjust laws and policies that marginalize low-income and other vulnerable immigrant communities. In order to amass the political power necessary to hold decision-makers accountable for making policy changes real and lasting, NILC is also focused on building a stronger, more inclusive immigrant justice movement and fostering intersectional alliances across communities.

About the Tennessee Immigrant & Refugee Rights Coalition
The Tennessee Immigrant & Refugee Rights Coalition (TIRRC) is a statewide, immigrant and refugee-led collaboration whose mission is to build power, amplify our voices, and organize communities to advocate for our rights in order to build a stronger, more inclusive Tennessee where people of all nationalities, immigration statuses, and racial identities can belong and thrive. Since its founding in 2001, TIRRC has grown from a grassroots network of community leaders into one of the most diverse and effective coalitions of its kind, a model for emerging immigrant rights organizations in the Southeast and throughout the United States.

About the Southern Poverty Law Center
The Southern Poverty Law Center is a catalyst for racial justice in the South and beyond, working in partnership with communities to dismantle white supremacy, strengthen intersectional movements, and advance the human rights of all people. For more information, visit www.splcenter.org.

NILC Statement on the Extension and Redesignation of Temporary Protected Status for Haiti

FOR IMMEDIATE RELEASE
December 5, 2022

CONTACT
Email: [email protected]
Emily Morris, 213-457-7458

NILC Statement on the Extension and Redesignation of Temporary Protected Status for Haiti

WASHINGTON — Raha Wala, vice president of strategic partnerships and advocacy, issued the following statement in response to the Biden administration’s extension and redesignation of temporary protected status (TPS) for Haiti:

“We celebrate the extension and redesignation of TPS for Haiti, which provides a measure of relief for Haitians in the U.S and helps ensure families and communities can remain together as they continue to build meaningful lives in this country. This victory is a testament to the sustained advocacy of Black immigrant leaders and communities, and we commend the Biden administration for listening to their leadership.

“We know there is more to be done. Following this extension and redesignation, the U.S. must stop the deportation of Haitians seeking safety. Black immigrants continue to face pervasive anti-Black discrimination in our immigration policies, and the Biden administration must address these disparities as part of the work of building a fair and humane immigration system.”

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Congress must act to prevent 300K DACA recipients from losing health care (The Torch)

Congress must act to prevent 300K DACA recipients from losing health care 

THE TORCH: CONTENTS By Ben D’Avanzo

November 30, 2022

The Deferred Action for Childhood Arrivals (DACA) program has been a critical tool for immigrant youth in providing some level of stability, accessing education, and facilitating the ability to provide for themselves and their family. But there’s one often overlooked result of the program: health care. Although DACA recipients are unjustly excluded from public health insurance programs and more than one in three DACA recipients go without any coverage, their work authorization means that for a sizeable number, they are able to get health insurance through their employer’s plan like many other fellow Americans. If DACA ends without Congress acting to create a permanent replacement, then hundreds of thousands of people are at threat of becoming uninsured.

Our report, “Tracking DACA Recipients’ Access to Health Care,” found that 80 percent of surveyed DACA recipients with health insurance get it through their employer, meaning their access to health care is dependent on whether they are employed by others. Two courts considering a lawsuit by Texas and other states have already ruled that DACA is unlawful, and the current make-up of the Supreme Court likely means an end to the program is near. Although we do not yet know how or when this will happen, many jobs and the health insurance that comes from employment for DACA recipients is at risk.

The impact of this is not small. We estimate that at least 310,000 people could lose their route to health insurance if DACA goes away. This estimate is based on two sources of data. First, the 52.2 percent of overall DACA recipients who reported having employer sponsored insurance in the survey we conducted with the Center for American Progress, United We Dream, and Professor Tom Wong. Second is the latest Department of Homeland Security count of Active DACA recipients: 594,120. This many affected individuals would be like if half the population of Vermont had their insurance cancelled, and it would undo progress the Biden administration has made in lowering the overall uninsured rate, particularly among communities of color. In addition, any dependents relying on that insurance could also lose coverage, though some could be eligible for public insurance programs. Yet with more than a quarter of survey respondents indicating they have children we would expect an end to DACA to lead to disrupted access to health care for tens of thousands of children.

If there’s one thing the years of work leading up to the passage of the Affordable Care Act made clear, it’s that the harmful effects of being uninsured are well documented. This was emphasized by COVID-19, during which millions of cases and tens of thousands of excess deaths have been linked to uninsurance. Higher uninsured rates lead to uncompensated costs and a loss of economic benefits. At a time when there is momentum toward decreasing the number of uninsured, it would be foolish to push hundreds of thousands of people into a place where preventative care isn’t available and emergency rooms are the go-to source of medicine.

DACA is under threat, and without action, our country will be heading towards a health care disaster. Congress should act now to pass permanent protections and a pathway to citizenship for DACA recipients and immigrant youth.


Ben D’Avanzo is a Senior Health Policy Analyst at NILC.

Following Midterms, Congress Must Prioritize Passing a Pathway to Citizenship for Immigrant Youth

FOR IMMEDIATE RELEASE
November 15, 2022

CONTACT
Email: [email protected]
Emily Morris, 213-457-7458
Madison Allman, 202-384-1279

Following Midterms, Congress Must Prioritize Passing a Pathway to Citizenship for Immigrant Youth

WASHINGTON — Victoria Ballesteros, executive vice president of strategic communications and narrative at the National Immigration Law Center (NILC) and the NILC Immigrant Justice Fund (IJF), issued the following statement in response to the midterm election results to date:

“Voters once again rejected far-right extremism, reaffirming that the American public overwhelmingly favors leaders who offer real solutions to the issues we face as a nation. This repudiation of Republican extremism offers a crucial window of opportunity for Congress to follow through on the mandate delivered by voters to prioritize passing a pathway to citizenship for immigrant youth before the end of the year.

“Deferred Action for Childhood Arrivals (DACA) recipients and other young immigrants have for far too long dealt with constant uncertainty about their futures. Hundreds of thousands are at risk of losing protections as politically motivated lawsuits make their way through the courts, and many remain wrongfully locked out of the policy.

“As Congress returns to session this week, hundreds of immigrant youth from around the country are flying into Washington to meet with their Members of Congress to send a clear message: Americans across the political spectrum overwhelmingly support permanent protections for immigrant youth, and Congress must urgently deliver.”

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Haitian Bridge Alliance, National Immigration Law Center, and 287 Organizations Call on Biden Administration to Reject Plans to House Haitian Refugees in Guantánamo Bay

FOR IMMEDIATE RELEASE
November 4, 2022

CONTACT
Taisha Saintil, [email protected]
Emily Morris, [email protected], 213-457-7458

Haitian Bridge Alliance, National Immigration Law Center, and 287 Organizations Call on Biden Administration to Reject Plans to House Haitian Refugees in Guantánamo Bay

WASHINGTON — Haitian Bridge Alliance, the National Immigration Law Center, and over 280 civil and human rights organizations sent a letter calling on President Biden to protect Haitian asylum seekers. The administration must not send Haitians seeking safety back to Haiti, third countries, or detain them in Guantánamo Bay.

The letter, published today by the Haitian Bridge Alliance and NILC, outlines the United States’ pattern of disparate and discriminatory treatment towards Haitian refugees seeking protection and the prior human rights abuses that Haitians previously suffered from while detained at Guantánamo Bay. The letter also details concrete steps the Biden administration can take to protect Haitian asylum seekers, uphold human rights, and follow through on commitments to advance racial equity.

“It is past time for the United States, and the Biden administration, to pursue these rights-respecting actions, and end the pattern of discriminatory and disparate treatment inflicted on Haitians seeking U.S. protection,” the letter states. “During your administration, Haitians have been met with summary push-backs at the hands of the U.S. Coast Guard. People have died and continue to die at sea while seeking protection at U.S. shores. Rather than protecting them, the United States further victimizes these individuals by returning them to danger.”

The letter continues, “Your administration has the power to turn the page on these harmful and discriminatory policies. We urge you to do right by Haitian people seeking protection, whether by land or at sea, to live up to our humanitarian obligations, and build an equitable humanitarian protection system that welcomes those seeking refuge.”

A PDF of the full letter and signatories can be found here.

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NILC Publishes Know Your Rights Resource on Abortion Access for Immigrants

FOR IMMEDIATE RELEASE
October 27, 2022

CONTACT
Email: [email protected]
Emily Morris, 213-457-7458
Madison Allman, 202-384-1279

NILC Publishes Know Your Rights Resource on Abortion Access for Immigrants

WASHINGTON — A new “Know Your Rights” guide for immigrants addresses common concerns and provides information on how to access abortion, particularly for people who are undocumented and other non-U.S. citizens.

The resource, published today by the National Immigration Law Center, follows the Supreme Court’s decision to overturn Roe v. Wade and Planned Parenthood v. Casey. The guide is available in Arabic, Chinese (traditional and simplified), English, Haitian Creole, Korean, Spanish, Tagalog, and Vietnamese. Amid a rapidly changing legal landscape for abortion access, the guide also uplifts additional resources so immigrant communities and advocates can stay up-to-date on access to reproductive care in each state.

Marielena Hincapié, executive director of the National Immigration Law Center, said:
“Everyone deserves autonomy over their own bodies and futures. Many immigrants already face significant obstacles to accessing abortion and reproductive health care, including travel barriers, inability to take time off from work, and lack of access to health insurance more broadly. Abortion is health care, and it is vital that everyone who seeks abortion care can access it safely and equitably.”

View the full resource here: KNOW YOUR RIGHTS: Abortion Access for Immigrants

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Federal Court Preliminarily Approves Classwide Settlement of Civil Rights Lawsuit Challenging Workplace ICE Raid

FOR IMMEDIATE RELEASE
October 19, 2022

CONTACT
National Immigration Law Center, Juan Gastelum, [email protected], 213-375-3149
Southern Poverty Law Center, Anna Núñez, [email protected], 334-201-9236

FEDERAL COURT PRELIMINARILY APPROVES CLASSWIDE SETTLEMENT OF CIVIL RIGHTS LAWSUIT CHALLENGING WORKPLACE ICE RAID

A federal court preliminarily approved the settlement, which provides for over $1‌‌‌‌ million to workers targeted by federal agents because of their ethnicity

KNOXVILLE, TN — On Oct. 19, a federal judge preliminarily approved a class settlement of a lawsuit challenging an April 2018 immigration raid. The settlement provides over $1 million to workers detained as part of the raid, which took place at a meat processing plant in East Tennessee and was, at the time, the largest workplace raid in nearly a decade. The plaintiffs allege that armed U.S. Department of Homeland Security (DHS) and Internal Revenue Service (IRS) officers illegally targeted the Latinx workers for detention, excessive force and false arrest.

The U.S. District Court for the Eastern District of Tennessee granted the plaintiffs’ and individual defendants’ motion to preliminarily approve the settlement of the class action claims against federal agents from the IRS and DHS (including U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection). Class members are approximately 100 Latinx workers who were detained during the workplace raid. The Court ordered class counsel to notify class members of their rights under the settlement. Class members must submit claim forms within 90 days of receiving notice of the settlement to claim their benefits. The settlement also resolves the Federal Tort Claims Act (FTCA) claims of six individual plaintiffs against the United States.

In August, the Court certified the case as a class action in a precedent-setting decision, paving the way for class wide relief for the unlawful policing and racial profiling alleged in the lawsuit.

Under the $1.175 million settlement, class members will receive a total of $550,000 and, upon request, a letter from ICE confirming their membership in the class that can be included in any applications for immigration relief. The settlement also requires the United States to pay $475,000 to the six individual plaintiffs to resolve their FTCA claims, including excessive force and unlawful arrest, and $150,000 in attorneys’ fees and expenses to SPLC and NILC. The Court has scheduled a final approval hearing on Feb. 27, 2023.

The following statements are provided by:

Michelle Lapointe, senior staff attorney, National Immigration Law Center
“This historic settlement, once finalized, will provide a measure of justice to dozens of Latinx workers who bravely fought back when federal agents violated their rights. It is a testament to the power of a community who — rather than cower — came together and organized, in the face of the previous administration’s hateful campaign to demonize and instill fear in immigrant communities. We are pleased with this important step toward achieving justice for our courageous plaintiffs and look forward to continuing toward resolution in their case.”

Meredith Stewart, senior supervising attorney, Southern Poverty Law Center’s Immigrant Justice Project
“This settlement marks a historic moment for immigrant workers in America. The Latinx workers took a stand against federal agents targeting them because of their ethnicity. This unprecedented settlement, once finalized, will show law enforcement officers that there are consequences for unlawful policing and racial profiling, even when aimed at low-wage, immigrant workers. The resolution of this case restores a measure of justice to the workers and reaffirms the rights of all workers in this country.”

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BACKGROUND:
Isabel Zelaya, et al. v. Robert Hammer, et al. was filed on Feb. 21, 2019. Plaintiffs are represented by the National Immigration Law Center (NILC), the Southern Poverty Law Center (SPLC), pro bono attorneys Eben P. Colby, Jeremy A. Berman, Arthur R. Bookout and the law firms of Sherrard Roe Voigt & Harbison and Sperling & Slater. On April 5, 2018, U.S. Immigration and Customs Enforcement (ICE) and the Internal Revenue Service (IRS), with assistance from U.S. Customs and Border Protection (CBP), the Tennessee Highway Patrol and the Morristown Police Department, executed the largest workplace immigration raid in nearly a decade, detaining approximately 100 Latinx workers at an east Tennessee meat processing plant, violating their civil rights.