Author Archives: Emily Morris

NILC Statement on District Court Ruling Against DACA

FOR IMMEDIATE RELEASE
September 13, 2023

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

NILC Statement on District Court Ruling Against DACA

WASHINGTON — Kica Matos, president of the National Immigration Law Center, issued the following statement in response to a ruling from U.S. District Court for the Southern District of Texas finding Deferred Action for Childhood Arrivals (DACA) unlawful:

“While expected, today’s court ruling is devastating. It impacts hundreds of thousands of immigrant youth and their loved ones, who have already endured years of uncertainty stemming from politicized attacks on DACA. Congress has failed to pass a permanent legislative solution, and it is urgent that they act now. We cannot allow court rulings to continue to upend the lives of hundreds of thousands of immigrant youth whose home is here. We demand that Congress pass a pathway to citizenship for DACA recipients and immigrant youth.”

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New Data Underscores Urgency of Lifting DACA Recipients’ Exclusion from Health Programs

FOR IMMEDIATE RELEASE
May 26, 2023

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

New Data Underscores Urgency of Lifting DACA Recipients’ Exclusion from Health Programs

As Biden administration weighs policy changes, data shows inequities persist

WASHINGTON — A report published today by the National Immigration Law Center shows that recipients of Deferred Action for Childhood Arrivals (DACA), who are currently excluded from the Affordable Care Act (ACA), are disproportionately uninsured and face significant health disparities. The report comes as the Biden administration prepares to reverse the exclusion that has kept DACA recipients from accessing public health coverage.

Under DACA, immigrants who came to the U.S. as children and meet other requirements can access temporary protection from deportation along with work authorization. DACA recipients are considered lawfully present. However, in 2012, DACA recipients were excluded from public insurance programs otherwise available to other lawfully present immigrants.

Kica Matos, president of the National Immigration Law Center, said: “Our health is interconnected, and a community’s health depends on all residents having access to care. DACA recipients contribute daily to the success of this country but have been unjustly denied accessible and affordable insurance options. The data in this report underlines the clear need to lift these barriers as soon as possible. We welcome the Biden administration’s steps toward addressing this injustice. It is imperative that administration act deliberately to finalize its proposed rule so DACA recipients can access the health care they need as soon as possible.”

This report analyzes findings from a 2022 survey of over 800 DACA recipients, administered by Tom K. Wong of the University of California, San Diego, United We Dream, the National Immigration Law Center, and the Center for American Progress. Topline findings include:

27 percent indicated they are not covered by any kind of health insurance or other health care plan.

71 percent reported they or a family member had been unable to pay medical bills or expenses.

57 percent of uninsured respondents believe they face barriers to affordable health care coverage due to their immigration status.

51 percent of uninsured respondents are not aware of any affordable care or coverage options available to them.

This is the second annual report by NILC tracking DACA recipients’ access to health care. This year’s report, released during Mental Health Awareness Month, includes new data on DACA recipients’ access to mental health care. Nearly half (48 percent) of respondents who indicated they have experienced mental or behavioral health issues say that they are not receiving counseling, therapy, or psychiatric services from a mental health professional. Within this group, 56 percent report that costs are too expensive, 47 percent report lack of time to access care, and 34 percent report inability to find a mental health care provider who meets their cultural or language needs.

The report highlights the urgency of removing the barriers that prevent many DACA recipients from being able to access affordable care, and notes that the Biden administration’s rule is a first step. The report includes additional policy and legislative recommendations, including that Congress must pass a pathway to citizenship for DACA recipients and immigrant youth.

To view the full survey results, visit this link.

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NILC Urges President Biden to Veto Challenge to Public Charge Rule

FOR IMMEDIATE RELEASE
May 17, 2023

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

NILC Urges President Biden to Veto Challenge to Public Charge Rule

WASHINGTON — Kica Matos, president of the National Immigration Law Center and the NILC Immigrant Justice Fund, issued the following statement in response to the Senate vote to repeal the Biden administration’s public charge rule:

“For years, the National Immigration Law Center and a broad coalition of allies fought back against Trump’s cruel public charge wealth test that threatened the health, nutrition, and housing of millions of families who call the U.S. home. When he took office, President Biden and his administration worked to undo this damage and create a new rule to reinstate and clarify longstanding policy and address socioeconomic and racial inequities.

“To see a Senate majority vote to send us back to the cruelty of the Trump era is unacceptable. This is the latest attempt in a tired right-wing political playbook meant to keep the American public divided and distracted while Republicans scapegoat immigrants and undermine the values to which this nation aspires.

“We urge the House to vote to reject this harmful measure, and should it land on President Biden’s desk, we expect him to veto it. The wellbeing of entire communities is on the line.”

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NILC Marks Expected End of Title 42 Amid New Asylum Restrictions

FOR IMMEDIATE RELEASE
May 11, 2023

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

NILC Marks Expected End of Title 42 Amid New Asylum Restrictions

WASHINGTON — Kica Matos, incoming president of the National Immigration Law Center, issued the following statement in response to the expected end of Title 42 expulsions, and the new restrictions on the legal ability to seek asylum in the United States:

“Today is an important day to reflect on the devastating harms Title 42 inflicted, and to mark its end. But – with reports that the Biden administration will be replacing it with additional restrictions on the right to seek asylum – it is not a day to celebrate. If the administration proceeds with its plan to restrict the legal right of people to seek safety in the United States, they will effectively be slamming the door shut on people fleeing danger and forcing families back into harm’s way. This action would not only violate our nation’s obligations under federal and international law, but also directly contradicts President Biden’s repeated promises to uphold and strengthen asylum rights.

“Rather than doubling down on cruel and unnecessary Trump-era policies at the border, the Biden administration must instead embrace the fundamental values we cherish as Americans and restore access to asylum for everyone who comes to the U.S. seeking freedom and safety. This means investing in the infrastructure to process asylum claims and surging resources to organizations on the ground who have a wealth of experience in welcoming people to this country. America for generations has been a refuge for those fleeing danger and persecution, and we are at our best when we welcome people who are in need of protection.”

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As DACA Ruling Approaches, 2022 Survey of DACA Recipients Emphasizes DACAs Importance, Highlights End Would Hurt the American Economy and Harm Local Communities

FOR IMMEDIATE RELEASE
April 27, 2023

CONTACT
Juan Gastelum, NILC, [email protected], 213-375-3149
José Alonso Muñoz, United We Dream, [email protected]
Madia Coleman, the Center for American Progress, [email protected]

As DACA Ruling Approaches, 2022 Survey of DACA Recipients Emphasizes DACAs Importance, Highlights End Would Hurt the American Economy and Harm Local Communities

WASHINGTON — A new survey published today by the U.S. Immigration Policy Center at the University of California, San Diego; United We Dream; the National Immigration Law Center; and the Center for American Progress illustrates that Dreamers continue to contribute to communities across the United States and their work strengthens the local and national economy.

The Deferred Action for Childhood Arrivals (DACA) policy continues to be challenged in the courts, despite its success and the vital contributions its recipients have made to the United States. Last October, in a lawsuit filed by Texas state officials, the U.S. Court of Appeals for the Fifth Circuit upheld a Texas federal district judge’s lamentable ruling that DACA is unlawful but allowed DACA to remain in place for current recipients. Another ruling is expected from the Texas court in the coming months.

An end to DACA would mean that nearly 600,000 current DACA recipients could lost protection from deportation and be forcibly separated from their communities and loved ones DACA’s ending would also have negative implications for the U.S. economy and workforce.

The survey findings highlight that there are chilling consequences to the end of DACA:

63.6 percent of DACA recipients would be less likely to continue their education, and 65.3 percent would be less likely to pursue new educational opportunities.
46.6 percent of DACA recipients would be less likely to look for a new job, 48.5 percent would be less likely to report wage theft or other abuses by their employer, and 66.6 percent would be less likely to pursue an occupational license.
40.2 percent of DACA recipients would be less likely to participate in public events where police may be present if they no longer had DACA.
37.4 percent of DACA recipients would be less likely to report a crime they witnessed, and 34.8 percent would be less likely to report a crime of which they themselves were victim.
43.0 percent of DACA recipients would be less likely to use public services that require providing personal contact information, such as going to city hall, and 54.6 percent would be less likely to conduct business that required personal contact information, such as opening a bank account or getting a loan for which they are qualified.

However, despite navigating an increasingly precarious future DACA recipients continue to persist and make strides in the United States:

17.7 percent of respondents purchased their first home after receiving DACA. Among respondents 25 years and older, this figure increases to 22.4 percent.
Overall, 26.1 percent of respondents are currently in school, a large majority—69.0 percent—of whom are pursuing a bachelor’s or advanced degree.
The 2022 data show that over eight out of every ten respondents (83.1 percent) are currently employed.
Among respondents ages 25 and older, the employment rate jumps to 90.7 percent.

Results from the survey show that DACA recipients continue to be indispensable members of American society whose family lives and workplaces will be disrupted if DACA ends. More than that, the survey paints a picture of DACA recipients’ full lives, with family, friends, coworkers, and classmates whose lives will all be impacted upended if DACA were to end.

The new data from the survey reveals that there are concerning effects on DACA recipients’ lives should DACA end, that would create additional barriers to their full engagement in civic society, the economy, and educational systems.

Nothing short of congressional action to provide access to a path to citizenship will alleviate the daily concerns many DACA recipients have about their and their families’ futures in the United States.

“This year, new data in this survey illustrates that DACA recipients persevere, building full lives in the United States despite fear for their livelihood and stability in the face of relentless attacks against their status as Americans,” said Tom K. Wong, associate professor of political science and founding director of the U.S. Immigration Policy Center at the University of California, San Diego, and a senior fellow at CAP. “DACA recipients have the right to not live in a state of fear, their lives defined by legal unpredictability. We must work towards a permanent status and stability for DACA recipients and their families.”

“In the decade since we won DACA, the work permit and protections from deportation the program allows have been life changing for DACA recipients and our nation as a whole,” said Karen Ruiz Fierro, Federal Advocacy & Policy Manager at United We Dream. “Yet, for almost as long as DACA has been around, there have been efforts to try to end it, a move that would upend the lives of hundreds of thousands of immigrants like me. Our latest DACA survey again shows the negative impact this would have not just on DACA recipients, and DACA eligible youth, but on millions of Americans who live with, work with, or rely on, a DACA recipient. The results of our latest survey also show that DACA recipients are concerned with what the possible end of DACA could have negative implications on their education and employment opportunities. While a lawsuit by anti-immigrant state officials continues, it’s imperative that Congress pass a path to citizenship for the millions of undocumented people living in the U.S.”

“For more than 10 years, DACA has had a transformative impact on my life, allowing me to go to school, work, and build a life with my family and loved ones in the U.S.,” said Diana Pliego, policy associate at the National Immigration Law Center. “And for more than 10 years, DACA’s impermanence has kept me and hundreds of thousands of other immigrant youth like me on edge that the homes we’ve created here could be upended because of a politicized court ruling or politicians playing a game with our futures. DACA recipients are vital to this country and it is past time for Congress to step up and pass a permanent solution.”

“DACA recipients are a crucial part of the fabric of American life—not just their families but the country at large, and year after year the survey illustrates that point,” said Nicole Prchal Svajlenka, former director of research for the Rights and Justice department at CAP. It’s well past time for Congress to recognize that and pass a pathway to citizenship for DACA recipients and all undocumented Americans.”

Read the column: “2022 Survey of DACA Recipients Underscores the Importance of a Pathway to Citizenship” by Tom K. Wong, Ignacia Rodriguez Kmec, Diana Pliego, Karen Fierro Ruiz, Debu Gandhi, Trinh Q. Truong, Nicole Prchal Svajlenka.

To view the full survey results, visit this link.

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NILC Statement on the Reintroduction of The POWER Act

FOR IMMEDIATE RELEASE
March 28, 2023

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

NILC Statement on the Reintroduction of The POWER Act

WASHINGTON — Kica Matos, executive vice president of programs and strategy at the National Immigration Law Center, issued the following statement in response to the reintroduction of the Protect Our Workers from Exploitation and Retaliation (POWER) Act:

“All workers, regardless of their immigration status, deserve safe working conditions and the ability to speak up when their civil or labor rights are violated. The POWER Act is a critical piece of legislation that would defend the rights of immigrant workers, which ultimately creates a better environment for all workers. When more people can safely fight back against abusive employers, worker power and conditions improve for everyone. We call on Congress to pass the POWER Act and help promote fair and safe workplaces for all workers.”

Introduced by Rep. Judy Chu (D-Calif.), the POWER Act would help workers exercise their rights to organize for safe working conditions and fair wages without fear of retaliation. Key provisions of the bill include expanding eligibility for U visas for workers who are involved in a workplace claim and who fear or have been threatened with force, physical restraint, serious harm, or other abuses. The POWER Act would also allow stays of removal and employment authorization for workers who have filed or are material witnesses in a workplace claim.

The reintroduction follows the Department of Homeland Security’s January announcement of policy guidance that clarifies and streamlines the process of providing temporary protection for workers involved in labor disputes.

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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 the 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.