Author Archives: Juan Gastelum

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.

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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.”

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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.

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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

NILC Statement on the Designation of Cameroon for Temporary Protected Status

FOR IMMEDIATE RELEASE
April 15, 2022

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

NILC Statement on the Designation of Cameroon for Temporary Protected Status

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center, issued the following statement on the Biden administration’s announcement of the designation of Cameroon for Temporary Protected Status (TPS):

“The designation of Cameroon for TPS is a significant victory which will bring much-needed emotional and economic stability for Cameroonians, and would not have been achieved without the sustained advocacy of Black immigrant leaders. We commend the Biden administration for making these overdue, life-saving protections available for Cameroonians in our country.

“The U.S. still has work to do to address pervasive anti-Black discrimination in our immigration policies, and Black immigrants from countries like Ethiopia and Mauritania have waited far too long for the same protections. We must welcome people seeking safety regardless of where they were born or the color of their skin so that they can thrive and fulfill their full potential in the country they call home.”

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NILC Statement on the End of Title 42 Expulsions

FOR IMMEDIATE RELEASE
April 1, 2022

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

NILC Statement on the End of Title 42 Expulsions

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center and the NILC Immigrant Justice Fund, issued the following statement in response to the Biden administration’s announcement that it will end the Title 42 expulsion policy on May 23.

A NILC Immigrant Justice Fund poll from February found 52 percent of likely voters support ending the policy.

“President Biden made the morally and legally right – and politically popular – decision to end Title 42, a cruel and harmful vestige of the Trump era. We commend the Biden administration for moving to repeal this deadly and xenophobic policy. It is a significant step forward, even if it is long overdue.

“The administration must also continue on the path toward restoring full and fair access to asylum for everyone who comes to the U.S. seeking freedom and safety, including at ports of entry. FEMA’s involvement is a welcome sign that the administration understands it needs to take a humanitarian approach. President Biden was elected with a commitment to undoing the harms of the previous administration, and we will continue urging the administration to focus its efforts on building a just and humane 21st century immigration system that recognizes the dignity inherent in us all.”

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NILC Statement on the Biden Administration Terminating Title 42 Expulsions for Unaccompanied Children

FOR IMMEDIATE RELEASE
March 12, 2022

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

NILC Statement on the Biden Administration Terminating Title 42 Expulsions for Unaccompanied Children

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center, issued the following statement after the Biden administration announced that it will end Title 42 expulsions of unaccompanied children at the border in response to a court ruling:

“While we welcome the Biden administration’s decision to terminate Title 42 expulsions of unaccompanied children, for the millions of voters who rejected the previous administration’s xenophobic policies, it is past due. The administration must now end this cruel Trump-era policy for everyone. For nearly two years, under the guise of public health, this policy has denied people their fundamental right to seek asylum and returned them to dangerous conditions where they face kidnapping, torture, and persecution.

“The truth is undeniable: there never was a public health justification for this racist and xenophobic policy created by Trump and continued by the Biden administration. All people seeking safety and freedom in the United States, whether they are from Ukraine, Haiti, El Salvador, or elsewhere, deserve due process and full access to asylum, including at ports of entry.

“We urge the Biden administration to swiftly bring an end to Title 42 and close this shameful chapter. At a time when we are experiencing record levels of migration across the globe as a result of war, climate disasters, gender-based violence and other push factors, the United States should be leading the way to building a just and humane 21st century immigration system that meets this moment in history.”

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NILC Calls on Biden Administration to End Title 42 Expulsions Without Delay

FOR IMMEDIATE RELEASE
March 7, 2022

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

NILC Calls on Biden Administration to End Title 42 Expulsions Without Delay

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center, issued the following statement in response to the recent court decisions on Title 42 from the D.C. Circuit Court of Appeals and the U.S. District Court for the Northern District Court of Texas:

“For nearly two years, the Biden and Trump administrations have used the unlawful Title 42 expulsion policy to categorically deny tens of thousands of people their right to seek asylum and return them to dangerous conditions where they face kidnapping, torture, and persecution.

“Friday’s contrasting rulings underscore the urgency for the Biden administration to fulfill a key campaign promise and end this xenophobic Title 42 policy before it harms even one more person.

“President Biden must heed the repeated calls, including from members of his own party at the highest levels of Congressional leadership, to immediately end Title 42 expulsions for everyone and restore full access to asylum at the border, including at ports of entry. The United States must once again welcome those seeking safety with dignity and humanity.”

On Friday, March 4, the D.C. Circuit Court of Appeals ruled in Huisha-Huisha v. DHS that families could no longer be expelled from the U.S. under Title 42 to countries where they may face persecution or torture.

In a separate ruling in Texas v. Biden, the U.S. District Court for the Northern District Court of Texas ruled that the administration must resume expulsions of unaccompanied children under the Title 42 policy.

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NILC Calls on Senate to Confirm Judge Ketanji Brown Jackson to the United States Supreme Court Without Delay

FOR IMMEDIATE RELEASE
February 25, 2022

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

NILC Calls on Senate to Confirm Judge Ketanji Brown Jackson to the United States Supreme Court Without Delay

WASHINGTON — Lisa Graybill, legal director at the National Immigration Law Center, issued the following statement in response to President Biden’s nomination of Judge Ketanji Brown Jackson to the U.S. Supreme Court:

“President Biden has made history with his nomination of Judge Ketanji Brown Jackson to be the first Black woman to serve on the Supreme Court. Judge Jackson is an exceptionally well-qualified jurist with unimpeachable credentials and an impressive record as a litigator and judge. Through her service as a federal public defender, as vice chair of the U.S. Sentencing Commission, and her near-decade as a federal judge at the District and Circuit level, Judge Jackson has demonstrated a commitment to excellence, integrity, and public service throughout her distinguished career.

“In recent years, federal courts have been increasingly called upon to resolve questions of immigration law and immigrants’ rights. Judge Jackson’s record of acknowledging the humanity and dignity of immigrants in her rulings will make her an invaluable member of the Court.

“As a Justice, Judge Jackson would help shape the realities of millions of immigrants who call this country home. NILC celebrates Judge Jackson’s historic nomination and urges Congress to process her nomination and confirm her to the Court without delay.”

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

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NILC Welcomes New Board Member

FOR IMMEDIATE RELEASE
February 24, 2022

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

NILC Welcomes New Board Member

WASHINGTON — The National Immigration Law Center today announced the addition of Rose Cuison-Villazor, Interim Dean and professor at Rutgers University School of Law, to the NILC board of directors.

“The NILC board sets the strategic direction of the organization, and the addition of Rose Cuison-Villazor will ensure that we continue to lead with a values-based approach that makes a difference for our communities and our country,” said Marielena Hincapié, NILC executive director. “Dean Cuison-Villazor brings vital perspective and talents to our board from her decades of legal expertise and in her work advancing racial justice and civil rights. I’m excited and honored to work with Dean Cuison-Villazor as we continue to fight for a just and inclusive 21st century immigration system where all people, regardless of immigration status, have the freedom to thrive.”

“I am honored to contribute to NILC’s legacy of protecting and defending the rights of immigrants who call this country home,” said Cuison-Villazor. “One year into the Biden administration, this mission is as critical as ever and I look forward to working with NILC to break down barriers and build a humane immigration system.”

** Rose Cuison-Villazor is Interim Dean, Professor of Law and Chancellor’s Social Justice Scholar at Rutgers University School of Law in Newark, New Jersey. Between 2019 and 2021, she served as Vice Dean. She is also Director of the Center for Immigration Law, Policy and Social Justice, which conducts publicly-engaged research and policy work on behalf of New Jersey immigrants and their families. Dean Cuison-Villazor teaches and writes in the areas of immigration and citizenship law, property law, critical race theory, Asian Americans and the law, and equal protection law. Dean Cuison-Villazor’s scholarship has appeared in top law journals in the country, including California Law Review, Columbia Law Review, Fordham Law Review, Harvard Law Review Forum, Michigan Law Review, Minnesota Law Review, New York University Law Review, North Carolina Law Review, Southern California Law Review, Washington University Law Review, and University of California Davis Law Review.

Her books include Immigration and Refugee Law and Policy (8th Ed.) (with Stephen Legomsky, Anil Kalhan and David Thronson) (forthcoming 2022; Property and Identity with Al Brophy and Kali Murray) (forthcoming 2022); Race and Races, Cases and Resources for a Diverse America (3rd Ed.) (with Juan Perea, Richard Delgado, and Osamudia James) (forthcoming 2022); The Immigration and Nationality Act of 1965: Legislating a New America (with Gabriel “Jack” Chin) (Cambridge University Press) 2015) and Loving v. Virginia in a Post-Racial World: Rethinking Race, Sex, and Marriage (with Kevin Maillard) (Cambridge University Press 2012). Dean Cuison-Villazor obtained her LL.M from Columbia Law School and J.D. from American University.

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NILC Report Analyzes Potential Supreme Court Nominees Through an Immigration Lens

FOR IMMEDIATE RELEASE
February 18, 2022

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

NILC Report Analyzes Potential Supreme Court Nominees Through an Immigration Lens

WASHINGTON — The National Immigration Law Center today published an analysis of three potential nominees to fill Justice Stephen Breyer’s Supreme Court seat following his retirement, focused on the candidates’ past rulings in immigration-related cases.

The report examines the records of Judge Ketanji Brown Jackson, Justice Leondra Kruger, and Judge J. Michelle Childs, all reportedly on the shortlist being considered by President Biden.

In light of congressional inaction and the persistent weaponization of immigration policy for political expediency, courts are increasingly called upon to resolve questions of immigration law and immigrants’ rights. The next Supreme Court Justice will have a hand in shaping the law around immigrants’ rights for decades to come.

Lisa Graybill, legal director of the National Immigration Law Center, said: “The Supreme Court plays a critical role in shaping immigration law and defining the rights of immigrants in the United States. Each of the women included in this report is highly credentialed and exceptionally well-qualified, and President Biden has a historic opportunity to nominate a justice who will defend the rights of all who call this country home.”

View the full report: The SCOTUS Shortlist and Immigration: What Their Previous Rulings Reveal

Summary highlights:

Judge Ketanji Brown Jackson (U.S. Court of Appeals for the D.C. Circuit) has the most developed record on immigration-related matters, and her record is mixed.  

  • Notably, whether ruling for or against immigrants, Judge Jackson has consistently acknowledged the humanity of immigrants by declining to refer to them as “aliens” or “illegals;”  
  • In a close call, Judge Jackson asserted the power of the federal court to check the Trump administration’s abuse of executive authority in expanding expedited removals; and  
  • After the Trump administration changed documents so that they incorrectly stated asylum law, Judge Jackson held the Trump administration accountable by requiring it to provide relief for those harmed by the administration misstating the law. 
  • However, Judge Jackson rejected a challenge to two Trump-era immigration programs that improperly prevented asylum seekers from consulting with a lawyer; 
  • Judge Jackson denied a challenge to Trump’s border wall, holding that the challenged statutes were exempt from judicial review.

Judge J. Michelle Childs (U.S. District Court for the District of South Carolina) has only ruled on a few immigration-related cases, and the most substantive of those decisions raises concerns about her deference to executive power.  

  • Judge Childs deferred to a federal agency that had failed to evaluate the work authorization for an undocumented immigrant who was the victim of a crime. By failing to intervene, she effectively permitted the agency to either delay or never issue the authorization.  
  • However, Judge Childs allowed a lawsuit from a foreign-born doctor to proceed in which he claimed his employer was illegally changing his job requirements and threatening to terminate his work visa if he did not comply.  

As a member of the California Supreme Court, Justice Leondra Kruger’s (California State Supreme Court) relevant opinions generally concern the intersection of state law and immigration and demonstrate an awareness of the challenges immigrants face in asserting their rights.   

  • Justice Kruger authored a unanimous decision allowing an undocumented immigrant to withdraw a guilty plea after he was merely advised that his plea might result in his removal from the country. Justice Kruger wrote this was inadequate to satisfy the legal requirement that immigrants be advised of immigration consequences of certain convictions.  
  • In another unanimous decision, Justice Kruger held that a father who had abandoned his daughter at birth was not an essential party in her custody case. This finding allowed the child’s special immigrant juvenile case to move forward.     

To learn more, view the full report here.

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