Author Archives: Juan Gastelum

Families, Civil Rights Organizations Celebrate Court Decision that U.S. Government Must Redress Muslim Ban Harms 

FOR IMMEDIATE RELEASE
August 2, 2022

CONTACT
Madison Allman, NILC, [email protected], 202-384-1279
Asian Americans Advancing Justice – Asian Law Caucus, [email protected]

Families, Civil Rights Organizations Celebrate Court Decision that U.S. Government Must Redress Muslim Ban Harms 

Federal court rules Biden administration must undo the harms of the Muslim and African Bans and proactively reconsider denied visa applicants 

No Muslim Ban Ever Coalition of over 100 Muslim and immigrants’ rights groups hails decision, mobilizes to hold Biden administration accountable to ruling

SAN FRANCISCO – While families remain separated by the Trump administration’s racist and Islamophobic Muslim and African Bans, a federal court in San Francisco ruled in Pars Equality Center, et. al. v. Pompeo, et. al. that the Biden administration must  undo the harms of the Bans. 

The Biden administration must now meet with the plaintiffs to establish a fair and effective process to reopen and reconsider applications from people who were denied family reunification, jobs and educational opportunities, and medical treatment as a result of the Bans and the current administration’s protracted refusals to redress the lasting harms, even after rescinding the Bans on President Biden’s first day in office. 

“Our clients have been living in legal limbo for years, unable to live full, abundant lives, pursue their careers, and start a family,” said Paris Etemadi Scott, Legal Director at Pars Equality Center, which brought the lawsuit with others in 2018. “Communities in every part of the U.S. and in countries around the world are celebrating: the Biden administration must finish the work of their rescission and end the shameful discrimination that people from Muslim-majority and African countries have faced, simply because of where they were born. This decision shows the power of relentless community organizing for what’s right.” 

With offices spread across California, Pars Equality Center provides extensive social and legal services to Iranian Americans, Persian-speaking, and other underserved immigrant communities. Since the Biden administration rescinded the Bans, dozens of the center’s clients have endured an indefinite state of limbo. As a result of the ruling, the U.S. government has been ordered to quickly remedy the lasting harms of the Bans with a clear and legitimate process.

In the wake of the ruling, the No Muslim Ban Ever Coalition, the largest national grassroots coalition focused on rescinding the Bans, is mobilizing to ensure the Biden administration effectively and swiftly implements the court’s ruling. The coalition continues to advocate for the NO BAN Act, which would limit dangerously broad authority in U.S. immigration law so that no future president can issue bans that bar the entry of people based on their religion or national origin. 

Prior to rescission, more than 41,800 individuals and families have been denied visas and waivers under the Muslim and African Bans without notice of the process, an opportunity to submit evidence or file for reconsideration. Despite the Biden administration’s rescission of the Bans, families remain separated and caught in a black hole of administrative delays, with little information or clarity and no recourse to repair the damage. More than 34,800 people signed a petition in the past year urging the Biden administration to allow all individuals who were denied entry by the Bans their fair shot at immigration.

Pars Equality Center and community members from Muslim-majority countries were represented by the National Immigration Law Center, Advancing Justice – Asian Law Caucus, Council on American-Islamic Relations – California, Iranian American Bar Association, and Arnold & Porter Kaye Scholer LLP.

Additional details and documents related to the case, Pars Equality Center, et. al. v. Pompeo, et. al., can be found here: https://www.nilc.org/issues/litigation/pars-equality-center-v-pompeo/. 

###

NILC Statement on the Nomination of Araceli Martínez-Olguín to the U.S. District Court for the Northern District of California

FOR IMMEDIATE RELEASE
July 29, 2022

CONTACT
Juan Gastelum, [email protected], 213-375-3149

NILC Statement on the Nomination of Araceli Martínez-Olguín to the U.S. District Court for the Northern District of California

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center (NILC), issued the following statement on President Biden’s nomination of Araceli Martínez-Olguín, a supervising attorney at NILC, to serve as a federal district judge:

“The National Immigration Law Center proudly and enthusiastically supports the nomination of our own Araceli Martínez-Olguín to serve as a federal judge in the Northern District of California. Ms. Martínez-Olguín is an exemplary litigator whose work over many years at NILC and other leading national civil rights organizations has served to advance gender, economic, and racial equity, and justice for all people. Her remarkable understanding of the Constitution and the law, her tenacity in advocating for the people she has represented throughout her career, and her lived experience as a Latina immigrant will bring an invaluable perspective to the federal judiciary at this crucial moment for our country. She is exactly the type of judge we need on the federal bench who will be fair, judicious, and ensure that our legal system can still be a tool for achieving equity, equality, and justice for all.

“Ms. Martínez-Olguín’s nomination is a testament to President Biden’s commitment to nominating qualified jurists to serve on the bench, who also move us closer to a judiciary that reflects the diversity of our country. We thank Senator Padilla for recommending her nomination and we urge the Senate Judiciary Committee to expeditiously consider and confirm Ms. Martínez-Olguín to serve as a federal judge.”

 ###

NILC Statement on the Supreme Court Ruling Decision on Remain in Mexico

FOR IMMEDIATE RELEASE
June 30, 2022

CONTACT
Email: [email protected],
Madison Allman, 202-384-1279
Juan Gastelum, 213-375-3149

NILC Statement on the Supreme Court Decision in Remain in Mexico Case (Biden v. Texas)

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center, issued the following statement in response to the U.S. Supreme Court decision in Biden v. Texas:

“For nearly three years, the Remain in Mexico policy has subjected tens of thousands of people to grave danger while violating their fundamental right to seek asylum in the United States. Today’s victory at the Supreme Court is a testament to the strength of the immigrant rights movement and the people across the country who fought back against this and other cruel deterrence policies, which just this week contributed to the tragic deaths of more than 50 migrants in San Antonio, Texas.

“This is a significant victory, but it does not obscure how much damage this ideologically driven and politically motivated Court has done to a range of rights during this term. Our work is far from over.

“The U.S. for generations has been a refuge for those fleeing danger and persecution. We must welcome people with dignity and humanity, and we urge the Biden administration to move swiftly to permanently end every facet of the human rights disaster that is Remain in Mexico.”

###

NILC Statement on the 10-year Anniversary of Deferred Action for Childhood Arrivals

FOR IMMEDIATE RELEASE
June 15, 2022

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

NILC Statement on the 10-year Anniversary of Deferred Action for Childhood Arrivals

WASHINGTON — Today, the National Immigration Law Center celebrates the 10th anniversary of Deferred Action for Childhood Arrivals (DACA).

Marielena Hincapié, executive director of the National Immigration Law Center, said: “On this 10th anniversary of one of the most transformative public policies, we at the National Immigration Law Center stand proud of having supported immigrant youth in achieving DACA and in leading its successful implementation. For the last decade, DACA has provided hundreds of thousands of people with opportunities to pursue their work and educational goals, better provide for themselves and their families, and more fully contribute to their communities.

“Despite its success, we have had to defend DACA against relentless attacks since its inception. DACA has served as a lifeline, but DACA recipients need lasting stability. Voters across the political spectrum overwhelmingly favor a permanent solution, and lawmakers have a mandate to deliver. We call on Congress to urgently pass a permanent legislative solution.”

Diana Pliego, a policy associate at the National Immigration Law Center and a DACA recipient who first applied for the policy in 2012, said: “DACA transformed my life and has allowed me to walk through doors I never imagined I could. But the life I have stands on shaky ground: DACA has been constantly under attack. It was never meant to be a permanent solution. Our community needs stability in the country we call home. We seek full inclusion, access to basic human rights like health care, and citizenship. It is past time for Congress to step up and fulfill the promises that they’ve made to our community. Enough is enough.”

###

Congresswoman Jayapal, SEIU President, and National Leaders Ramp Up Pressure to End Title 42

FOR IMMEDIATE RELEASE
May 23, 2022

CONTACT
Email: [email protected],
Madison Allman, 202-384-1279
Emily Morris, 213-457-7458
Bilal Askaryar, Welcome With Dignity, [email protected]

Congresswoman Jayapal, SEIU President, and National Leaders Ramp Up Pressure to End Title 42

Friday’s injunction makes restoring asylum more urgent than ever

Listen to a recording of the call here

WASHINGTON — Congresswoman Pramila Jayapal, Chair of the Congressional Progressive Caucus joined leaders of SEIU, NILC, and Human Rights First to mark the day that should have been the end of the anti-refugee, anti-Black, and anti-LGBTQ policy known as Title 42. A recent court injunction has barred the end of the policy, and Congress is still expected to vote on amendments to a COVID relief bill that would go even further by effectively ending asylum indefinitely. Joined by Congresswoman Pramila Jayapal, Chair of the Congressional Progressive Caucus, national leaders called for the decisive end of this cruel Trump-era policy and reiterate the need for a fair and humane asylum system that centers the dignity of all people.

“Title 42 is a racist, xenophobic relic of the Trump Administration’s anti-immigrant agenda. Friday’s decision by a federal judge to keep the policy in place was wrong, driven by politics and not facts. I applaud the DOJ for already signaling it will move to appeal this ruling,” said Congresswoman Jayapal. “As Chair of the Congressional Progressive Caucus, I’m proud to stand side by side with the Congressional Hispanic Caucus in opposing any amendments and any legislation that would reinstate Title 42. It is past time to stop using immigrants as political footballs and do what we must – pass humane immigration reform.”

“The Trump administration weaponized Title 42 to block people from exercising their fundamental right to seek asylum,” said Marielena Hincapié, Executive Director of the National Immigration Law Center (NILC). “This cruel policy never had a basis in public health, and the Biden administration made the correct, if overdue, decision to end it. We urge the administration to vigorously defend ending Title 42 expulsions against those who would wish to cement this horrific Trump policy into law. Independent of what the courts decide, Congress must reject any legislation that would indefinitely block access to the legal right to seek asylum in the United States.”

“Judge Summerhays’ decision to keep Title 42 in place and continue to turn away people seeking refuge at our border is an affront to our core values as Americans and to our history as a beacon for the oppressed,” said Mary Kay Henry, International President of Service Employees International Union (SEIU). In light of this terrible decision, my message today could not be simpler, nor could it be more urgent: Working people demand a government that works for all expect Congress and the President to stand with immigrants and refugees and use every power at their disposal to support humane policies at the border and a path to citizenship.”

“The use of Title 42 not only leads to more repeat border crossings and inflated border-crossing statistics, it allows the United States to evade its own immigration and refugee laws. The Biden administration’s decision to end Title 42 was a crucial step in returning the United States to an asylum system that meets American law and its treaty obligations. It is encouraging that the Justice Department quickly filed an appeal to the Louisiana court’s ruling, which extends the use of a policy, ostensibly based on public health, that public health experts have concluded is not needed. Now it is critical that the administration take all necessary steps to defend the CDC’s decision to end the use of Title 42,” said Michael Breen, President and CEO of Human Rights First.

A recording of the call is available here.

The Welcome with Dignity Campaign is composed of more than 100 national and regional organizations committed to transforming the way the United States receives and protects people forced to flee their homes to ensure they are treated humanely and fairly. To learn more and join our campaign visit: welcomewithdignity.org

###

NILC Statement on Court Order Extending Title 42

FOR IMMEDIATE RELEASE
May 20, 2022

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

NILC Statement on Court Order Extending Title 42

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center, issued the following statement in response to a Louisiana federal judge’s preliminary injunction blocking the Biden administration from ending Title 42 expulsions on May 23:

“This politically-driven decision by a Trump-appointed judge will continue to deny people their legal and fundamental right to seek asylum in the United States. The Biden administration made the right call to finally put an end to Title 42 expulsions, and we urge the administration to vigorously defend its decision in court.

“Regardless of what the courts decide, Congress must reject the Lankford-Sinema bill, or any other piece of legislation that would indefinitely block access to the legal right to asylum in the United States. As a country, we are at our best when we welcome people seeking safety, and we must rebuild a fair, equitable asylum system that recognizes the dignity inherent in us all.”

###

NILC Statement on the Supreme Court Majority Draft Opinion Overturning Roe v. Wade

FOR IMMEDIATE RELEASE
May 3, 2022

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

NILC Statement on the Supreme Court Majority Draft Opinion Overturning Roe v. Wade

WASHINGTON — Victoria Ballesteros, chief communications officer at the National Immigration Law Center and NILC Immigrant Justice Fund, issued the following statement in response to the leaked U.S. Supreme Court draft majority opinion overturning the decisions in Roe v. Wade and Planned Parenthood v. Casey:

“This horrifying draft decision forecasts the culmination of a long-running political scheme to install a conservative majority and weaponize the Supreme Court to roll back and restrict essential reproductive and other rights. A decision overturning the right to an abortion will have life-altering consequences, especially for low-income communities and people of color, including many immigrants. The Supreme Court’s assault on fundamental rights will not stop with access to abortion; we are in the middle of a fight for the basic human rights of everybody who calls this country home.

“The National Immigration Law Center stands in solidarity with leaders in the fight to ensure equitable and safe access to life-saving health care, which includes access to abortion and other reproductive health care services. We will continue to fight for our fundamental rights to be protected under the law.

“In 2020, a historic multigenerational coalition of voters gave Democrats a governing trifecta to address the challenges facing our nation. Now, we urge Democrats to wield that power and take swift action to ensure that a person’s access to reproductive health care is never called into question again.”

###

Federal Court Rules that Government Actions Under Remain in Mexico are Subject to Orantes Injunction

FOR IMMEDIATE RELEASE
April 28, 2022

CONTACT
Juan Gastelum, [email protected], 213-375-3149
Katie Hoeppner, [email protected]
ACLU SoCal Communications & Media Advocacy, 626-755-4129, [email protected]

Federal Court Rules that Government Actions Under Remain in Mexico are Subject to Orantes Injunction

LOS ANGELES — A federal district court on Wednesday ordered the U.S. government to turn over information sought by advocates on whether the Trump-era Remain in Mexico policy’s application violated longstanding court-ordered protections for certain migrants.

“This court victory will help shed light on the full extent of the harm caused by this cruel and unlawful Trump-era policy and is a crucial step toward vindicating the rights of Salvadoran class members unlawfully denied a fair shot at asylum,” said Lisa Graybill, legal director of the National Immigration Law Center. “We will continue fighting to restore full and fair access to asylum for all people seeking safety and freedom from persecution in our country.”

Plaintiffs in Orantes-Hernandez v. Meese, a class-action lawsuit first filed in the 1980s that protects the rights of Salvadorans detained by immigration officials, returned to court after notifying the Biden administration in November that it could face further legal action concerning Remain in Mexico, officially known as the Migrant Protection Protocols, which the administration reinstated in response to an order from another federal court in Texas.

On Wednesday, the U.S. District Court for the Central District of California ruled that plaintiffs raised significant questions regarding the federal government’s compliance with a permanent injunction in the Orantes case and ordered the government to produce more information to determine whether Remain in Mexico violated the injunction’s terms.

“This win is an important first step toward uncovering the government’s continued interference with the rights of Salvadorans fleeing persecution to seek asylum in this country,” said Morgan Russell, a senior staff attorney with the ACLU Immigrants’ Rights Project.

“The court rightly recognized that the constitutional protections enshrined in the Orantes injunction are as vital today as they were in the 1980s,” said Eva Bitrán, staff attorney at the ACLU Foundation of Southern California. “This is an important step toward restoring Salvadorans’ right to apply for asylum.”

The National Immigration Law Center, the American Civil Liberties Union (ACLU) Immigrants’ Rights Project, the ACLU of Southern California, and Public Counsel represent plaintiffs in the case.

Members of the legal team include: Lisa Graybill, Max Wolson, Jess Hanson, Michelle Lapointe, and Bianca Alcala-Ruiz of the National Immigration Law Center; Morgan Russell of the ACLU Immigrants’ Rights Project; Eva Bitrán of the ACLU Foundation of Southern California, and Mark Rosenbaum of Public Counsel.

The court ruling is available here.

###

NILC Statement on Biden Administration’s Updated Plan to End Title 42

FOR IMMEDIATE RELEASE
April 26, 2022

CONTACT
Madison Allman, [email protected], 202-384-1279

NILC Statement on Biden Administration’s Updated Plan to End Title 42

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center, issued the following statement in response to the U.S. Department of Homeland Security’s release today of an updated plan to end Title 42 expulsions:

“The new DHS memo articulates a clear plan for ending Title 42 and bolstering our preparedness to welcome people seeking safety with dignity and humanity. While the memo includes some deeply concerning provisions, the administration’s efforts to clarify and inspire confidence about its plans, which have been in the works for over seven months, are encouraging. We urge the administration to continue to exert its leadership, provide support and infrastructure to organizations welcoming people at the border, and stand by its rightful decision to finally end this shameful and unlawful policy. The administration must also forcefully oppose any congressional efforts to tie its hands in rescinding Title 42.”

“Title 42 represents the worst of an administration that, under President Trump, systematically decimated our ability to welcome asylum seekers and refugees. In a time with rising levels of migration across the globe due to war, climate disasters, and gender-based violence, it is more important than ever that the U.S. builds an equitable 21st century immigration system that meets this moment in history.”

###

37 Civil Rights Leaders Urge President Biden to Defend Legal Right to Seek Asylum in the U.S., Oppose Any Congressional Effort to Delay Rescission of Title 42 Expulsions

FOR IMMEDIATE RELEASE
April 22, 2022

CONTACT
Madison Allman, National Immigration Law Center, [email protected], 202-384-1279
Eleanor Donohue, Human Rights First, [email protected]
Tara Tidwell Cullen, National Immigrant Justice Center, [email protected]

37 Civil Rights Leaders Urge President Biden to Defend Legal Right to Seek Asylum in the U.S., Oppose Any Congressional Effort to Delay Rescission of Title 42 Expulsions

WASHINGTON — Amid congressional efforts to bar people from exercising their legal and human right to seek asylum in the United States, leaders of over 30 immigrant, civil, humanitarian, human, and labor rights organizations sent a letter to President Biden imploring the administration to clearly defend its plans to restore asylum access, and to forcefully oppose efforts to extend use of a racist, Trump-era policy to ban people from seeking asylum.

“The Trump Administration invented the Title 42 expulsions policy as the capstone measure toward their vision of destroying the United States asylum program permanently. This Administration’s continuation of that program normalizes racist, anti-asylum policies,” the leaders wrote. “It is imperative that at this critical moment the administration loudly and clearly defend its plans to restore access to asylum and forcefully oppose the ‘Public Health and Border Security Act’ introduced by Senators Lankford and Sinema and any other legislative efforts to delay rescission or maintain the use of Title 42 expulsions.”

The leaders also expressed that their organizations stand ready to provide legal and humanitarian services in support of the refugees in need of asylum in the United States. They have requested an urgent meeting with the President and relevant staff to discuss the termination of Title 42, readiness to manage any increases in migrants at the border, and how we can rebuild our asylum system in a humane and equitable fashion.

A PDF of the letter can be downloaded here, and the full text of it is below.

###

Dear President Biden:

As leaders of immigrant, civil rights, humanitarian, and human rights, and labor organizations, our missions include the goal of safeguarding asylum access in the United States. It pains us to watch the core of asylum rights in the United States crumble, and we write to urge the Biden administration to urgently reverse course.

The Trump Administration invented the Title 42 expulsions policy as the capstone measure toward their vision of destroying the United States asylum program permanently. This Administration’s continuation of that program normalizes racist, anti-asylum policies. It is imperative that at this critical moment the administration loudly and clearly defend its plans to restore access to asylum and forcefully oppose the “Public Health and Border Security Act” introduced by Senators Lankford and Sinema and any other legislative efforts to delay rescission or maintain the use of Title 42 expulsions.

Four decades ago, Congress unanimously committed to welcome those seeking refuge. The previous administration did its best to unravel that commitment; we implore you to ensure that this Administration and Congress do not finish the job for them.

We stand ready to provide legal and humanitarian services and advocacy to and in support of the refugees in need of asylum in the United States, and we look forward to working with you to ensure they are able to access safety. We formally request an urgent meeting with you and relevant staff to discuss the termination of Title 42, readiness to manage any increases in migrants at the border, and how we can rebuild our asylum system in a humane and equitable fashion.

Sincerely,

Oscar Chacon, Executive Director, Alianza Americas
Anthony Romero, Executive Director, American Civil Liberties Union
Joyce Ajlouny, General Secretary, American Friends Service Committee
Allen Orr, President, Benjamin Johnson, Executive Director, American Immigration Lawyers Association
Paul O’Brien, Executive Director, Amnesty International USA
Swapna Reddy and Conchita Cruz, Co-Executive Directors, Asylum Seeker Advocacy Project
Nana Gyamfi, Executive Director, Black Alliance for Just Immigration
Rabbi Joshua Lesser, President, Bridges Faith Initiative
Karen Musalo, Director, Center for Gender & Refugee Studies
Dr. Simon Adams, President and Chief Executive Officer, Center for Victims of Torture
Rick Santos, President and Chief Executive Officer, Church World Service
Angelica Salas, Executive Director, Coalition for Humane Immigrant Rights (CHIRLA)
Silky Shah, Executive Director, Detention Watch Network
Rev. Dr. Sharon Stanley-Rea, Director, Disciples Refugee and Immigration Ministries
Guerline Jozef, Co-Founder and Executive Director, Haitian Bridge Alliance
Mark Hetfield, President and Chief Executive Officer, HIAS
Michael Breen, President and Chief Executive Officer, Human Rights First
Kenneth Roth, Executive Director, Human Rights Watch
Daniella Burgi-Palomino, Co-Director, Latin America Working Group (LAWG)
Traci Feit Love, President & Executive Director, Lawyers for Good Government (L4GG)
Wade Henderson, Interim President and Chief Executive Officer, The Leadership Conference on Civil & Human Rights
Kristin Rowe-Finkbeiner, Executive Director and Chief Executive Officer, MomsRising
Mary Meg McCarthy, Executive Director, National Immigrant Justice Center
Marielena Hincapié, Executive Director, National Immigration Law Center
Sirine Shebaya, Executive Director, National Immigration Project (NIPNLG)
Rob Rutland-Brown, Executive Director, National Justice for Our Neighbors
Abby Maxman, President and Chief Executive Officer, Oxfam America
Jennifer Sime, Interim Executive Director, Physicians for Human Rights
John Slocum, Executive Director, Refugee Council USA
Mary Kay Henry, International President, Service Employees International Union (SEIU)
Margaret Huang, President and Chief Executive Officer, Southern Poverty Law Center
Patrice Lawrence, Executive Director, UndocuBlack Network
Greisa Martinez Rosas, Executive Director, United We Dream
Lindsay Goldford Gray, Chief Executive Officer, VECINA
Thomas Cartwright, Witness at the Border
Sarah Costa, Executive Director, Women’s Refugee Commission
Gladis Molina Alt, Executive Director, Young Center for Immigrant Children’s Rights