Author Archives: Emily Morris

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.

NILC Statement on Biden Administration’s Planned Expansion of Title 42 Expulsions

FOR IMMEDIATE RELEASE
September 15, 2022

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

NILC Statement on Biden Administration’s Planned Expansion of Title 42 Expulsions

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center, issued the following statement in response to reports that the Biden administration is aiming to expand the use of Title 42 expulsions:

“Title 42 epitomizes our country’s failings to welcome those seeking safety with dignity and humanity. That the Biden administration would attempt to expand the use of this deadly program after previously ending it directly contradicts the values to which this country aspires.

“Rather than building and expanding on cruel and inhumane Trump policies, we urge President Biden to lead in finding creative regional solutions. We urge the administration to reverse course on this misguided attempt to double down on failed deterrence approaches that only exacerbate migration challenges. At a time of rising levels of migration across the globe due to war, climate disasters, and gender-based violence, the U.S. must instead embrace its promise to build an equitable and humane 21st century immigration system that meets this moment in history.”

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NILC Statement Urging Democrats to Reject Harmful Anti-Immigrant Amendments in Crucial Reconciliation Bill

FOR IMMEDIATE RELEASE
August 2, 2022

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

NILC Statement Urging Democrats to Reject Harmful Anti-Immigrant Amendments in Crucial Reconciliation Bill

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center, issued the following statement ahead of the upcoming deliberation in Congress on a health care and climate bill:

“With Congress poised to act on unprecedented legislation that addresses critical issues facing our communities on healthcare and our planet due to increasing climate disasters, lawmakers must reject any attempt to poison this historic legislation with unrelated, harmful immigration amendments.

“Democratic leaders must be unequivocal and ensure any anti-immigrant amendments are kept out of this bill, including opposing any final version that departs from the climate and healthcare deal to codify the Trump administration’s Title 42 asylum ban.

“For years, Republicans have repeatedly blocked efforts to pass real legislative solutions to update our dysfunctional immigration system. Capitulating to their politically motivated scapegoating of immigrants, and allowing them to use a climate and health care bill to block people seeking safety and freedom, would be unconscionable.

“A deal’s a deal, and there’s no reason to allow political gamesmanship to poison this legislation with anti-immigrant provisions that would harm our country.”

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NILC Statement on the Supreme Court Ruling Overturning Roe v. Wade

FOR IMMEDIATE RELEASE
June 24, 2022

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

NILC Statement on the Supreme Court Ruling Overturning Roe v. Wade

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center and NILC Immigrant Justice Fund, issued the following statement in response to the U.S. Supreme Court’s ruling overturning Roe v. Wade and Planned Parenthood v. Casey:

“With this shameful ruling, this Supreme Court’s conservative majority has ushered in a new and harrowing era not only for women, but for anyone and everyone who believes in the values of freedom, equality, and equal treatment under law. This is the moment so many of us have feared and have been warning about. We now find ourselves in the middle of a fight for the basic human rights of everybody who calls this country home.

“This decision overturning the right to an abortion will have life-altering consequences, especially for low-income communities and people of color, including many immigrants. This will undoubtedly impact reproductive health beyond abortions.

“We are under no illusion that the court’s assault on fundamental rights will stop at access to safe abortion; the rights of immigrants, LGBTQ communities, low-income communities, and people of color are all in very real danger of being peeled back or further restricted.

“The National Immigration Law Center will continue to fight to protect, and to regain, fundamental rights, including access to abortion and other reproductive health care services. We are in a collective fight for our lives, for the very future of the republic. The stakes are too high and we must continue to fight for our democracy.”

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NILC Celebrates the Confirmation of Judge Ketanji Brown Jackson to the Supreme Court

FOR IMMEDIATE RELEASE
April 7, 2022

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

NILC Celebrates the Confirmation of Judge Ketanji Brown Jackson to the Supreme Court

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center, issued the following statement after the Senate confirmed Judge Ketanji Brown Jackson as the 116th Associate Justice to serve on the U.S. Supreme Court on a 53-47 vote:

“We celebrate this historic day as Judge Jackson becomes the first Black woman to be confirmed to the Supreme Court. Throughout her distinguished career, Judge Ketanji Brown Jackson has demonstrated an extraordinary commitment to public service, to the advancement of equal justice under law, and to treating all people with dignity and humanity.

“We celebrate Judge Jackson’s confirmation, which marks a historic breakthrough for the advancement of racial and gender equity, and is a momentous victory for all who strive to build a more just world.

“On the bench, Justice Jackson will have an important role in the shaping the lives of all people in our country, including millions of immigrants. Her brilliance, experience, and record of fairness and integrity will be a welcome addition to our nation’s highest court. Today’s vote will also have transformational impact on the lives of little Black and Brown girls who will be able to see themselves as a future judge, Senator, or President.”

For an analysis of Judge Jackson’s prior decisions on immigration, view NILC’s report here.

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